- Latest available (Revised)
- Point in Time (01/06/2020)
- Original (As enacted)
Version Superseded: 01/10/2022
Point in time view as at 01/06/2020.
Housing Act 2004, SCHEDULE 4 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Sections 67 and 90
1(1)A licence under Part 2 or 3 must include the following conditions.E+W
(2)Conditions requiring the licence holder, if gas is supplied to the house, to produce to the local housing authority annually for their inspection a gas safety certificate obtained in respect of the house within the last 12 months.
(3)Conditions requiring the licence holder—
(a)to keep electrical appliances and furniture made available by him in the house in a safe condition;
(b)to supply the authority, on demand, with a declaration by him as to the safety of such appliances and furniture;
[F1(c)where the house is in England, additionally—
(i)to ensure that every electrical installation in the house is in proper working order and safe for continued use; and
(ii)to supply the authority, on demand, with a declaration by him as to the safety of such installations;
(d)for the purposes of paragraph (c) “electrical installation” has the meaning given in regulation 2(1) of the Building Regulations 2010.]
(4)Conditions requiring the licence holder—
[F2(za)where the house is in England—
(i)to ensure that a smoke alarm is installed on each storey of the house on which there is a room used wholly or partly as living accommodation, and
(ii)to keep each such alarm in proper working order;]
(a)[F3where the house is in Wales,] to ensure that smoke alarms are installed in the house and to keep them in proper working order;
(b)[F4in either case,] to supply the authority, on demand, with a declaration by him as to the condition and positioning of such alarms.
[F5(4A)Where the house is in England, conditions requiring the licence holder—
(a)to ensure that a carbon monoxide alarm is installed in any room in the house which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance;
(b)to keep any such alarm in proper working order; and
(c)to supply the authority, on demand, with a declaration by him as to the condition and positioning of any such alarm.]
(5)Conditions requiring the licence holder to supply to the occupiers of the house a written statement of the terms on which they occupy it.
[F6(6)In sub-paragraph (4A) “room” includes a hall or landing.
(7)For the purposes of sub-paragraphs (4) and (4A), a bathroom or lavatory is to be treated as a room used as living accommodation.]
Textual Amendments
F1Sch. 4 para. 1(3)(c)(d) inserted (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (S.I. 2020/312), regs. 1(2), 13
F2Sch. 4 para. 1(4)(za) inserted (E.) (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(a)(i) (with reg. 15(2))
F3Words in Sch. 4 para. 1(4)(a) inserted (E.) (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(a)(ii) (with reg. 15(2))
F4Words in Sch. 4 para. 1(4)(b) inserted (E.) (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(a)(iii) (with reg. 15(2))
F5Sch. 4 para. 1(4A) inserted (E.) (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(b) (with reg. 15(2))
F6Sch. 4 para. 1(6)(7) inserted (E.) (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(c) (with reg. 15(2))
Commencement Information
I1Sch. 4 para. 1 wholly in force at 16.6.2006; Sch. 4 para. 1 not in force at Royal Assent see s. 270(4)(5); Sch. 4 para. 1 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 4 para. 1 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
Textual Amendments
1A.(1)Where the HMO is in England, a licence under Part 2 must include the following conditions.E+W
(2)Conditions requiring the licence holder—
(a)to ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged over 10 years is not less than 6.51 square metres;
(b)to ensure that the floor area of any room in the HMO used as sleeping accommodation by two persons aged over 10 years is not less than 10.22 square metres;
(c)to ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged under 10 years is not less than 4.64 square metres;
(d)to ensure that any room in the HMO with a floor area of less than 4.64 square metres is not used as sleeping accommodation.
(3)Conditions requiring the licence holder to ensure that—
(a)where any room in the HMO is used as sleeping accommodation by persons aged over 10 years only, it is not used as such by more than the maximum number of persons aged over 10 years specified in the licence;
(b)where any room in the HMO is used as sleeping accommodation by persons aged under 10 years only, it is not used as such by more than the maximum number of persons aged under 10 years specified in the licence;
(c)where any room in the HMO is used as sleeping accommodation by persons aged over 10 years and persons aged under 10 years, it is not used as such by more than the maximum number of persons aged over 10 years specified in the licence and the maximum number of persons aged under 10 years so specified.
(4)Conditions which apply if—
(a)any of the conditions imposed pursuant to sub-paragraph (2) or (3) have been breached in relation to the HMO,
(b)the licence holder has not knowingly permitted the breach, and
(c)the local housing authority have notified the licence holder of the breach,
and which require the licence holder to rectify the breach within the specified period.
(5)In sub-paragraph (4) the specified period means the period, of not more than 18 months beginning with the date of the notification, which is specified in the notification.
(6)Conditions requiring the licence holder to notify the local housing authority of any room in the HMO with a floor area of less than 4.64 square metres.
(7)In this paragraph a reference to a number of persons using a room in an HMO as sleeping accommodation does not include a person doing so as a visitor of an occupier of the HMO.
(8)For the purposes of this paragraph a room is used as sleeping accommodation if it is normally used as a bedroom, whether or not it is also used for other purposes.
(9)Any part of the floor area of a room in relation to which the height of the ceiling is less than 1.5 metres is not to be taken into account in determining the floor area of that room for the purposes of this paragraph.
(10)This paragraph does not apply to an HMO which is managed by a charity registered under the Charities Act 2011 and which—
(a)is a night shelter, or
(b)consists of temporary accommodation for persons suffering or recovering from drug or alcohol abuse or a mental disorder.
1B.(1)This paragraph applies in relation to an HMO in England in respect of the first licence granted on or after 1st October 2018 in relation to the HMO, regardless of whether a licence was in force in relation to the HMO immediately before that date.E+W
(2)If the local housing authority consider that, at the time the licence is granted, the licence holder is not complying with one or more of the conditions of the licence imposed pursuant to paragraph 1A(2) and (3), the authority must when granting the licence provide the licence holder with a notification specifying the condition or conditions and the period within which the licence holder is required to comply with the condition or conditions.
(3)The period specified in the notification must not exceed 18 months from the date of the notification.
(4)Within the period specified in the notification—
(a)the local housing authority may not revoke the licence for a breach (or repeated breach) of any condition of the licence specified in the notification,
(b)the licence holder does not commit an offence under section 72(3) in respect of any failure to comply with such a condition, and
(c)the local housing authority may not impose a financial penalty under section 249A on the licence holder in respect of such a failure.
(5)Sub-paragraphs (2) to (4) do not apply if, before the licence was granted, the licence holder was convicted of an offence under section 72(2) or (3) in relation to the HMO.
1C.E+WWhere the HMO is in England, a licence under Part 2 must include conditions requiring the licence holder to comply with any scheme which is provided by the local housing authority to the licence holder and which relates to the storage and disposal of household waste at the HMO pending collection.]
2E+WA licence under Part 3 must include conditions requiring the licence holder to demand references from persons who wish to occupy the house.
Commencement Information
I2Sch. 4 para. 2 wholly in force at 16.6.2006; Sch. 4 para. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 4 para. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 4 para. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
3E+WThe appropriate national authority may by regulations amend this Schedule so as to alter (by the addition or removal of conditions) the conditions which must be included—
(a)in a licence under Part 2 or 3, or
(b)only in a licence under one of those Parts.
Commencement Information
I3Sch. 4 para. 3 wholly in force at 16.6.2006; Sch. 4 para. 3 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 4 para. 3 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 4 para. 3 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
4E+WIn this Schedule “the house” means the HMO or Part 3 house in respect of which the licence is granted.
Commencement Information
I4Sch. 4 para. 4 wholly in force at 16.6.2006; Sch. 4 para. 4 not in force at Royal Assent see s. 270(4)(5); Sch. 4 para. 4 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 4 para. 4 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: