Housing Act 2004

Housing Act 2004

2004 CHAPTER 34

Commentary on Sections

Part 3 - Selective Licensing of Other Residential Accommodation

Section 90: Licence conditions

227. Section 90 provides that an LHA may include conditions in licences it grants for the management, use or occupation of the house concerned. Such conditions may include:

• restrictions or prohibitions on the use of parts of the house by occupants

• requirements to take reasonable and practical steps to control or reduce anti-social behaviour of the occupants or visitors

• a licence may also include conditions requiring facilities and equipment to be made available for the purpose of complying with standards prescribed (if any) by the appropriate national authority and for keeping such facilities and equipment in repair and good order.

228. Any such conditions will be in addition to those laid out in Schedule 4, which sets out mandatory conditions.

229. An LHA is required, as a general rule, to address health and safety issues through its Part 1 functions and not by means of licence conditions and it cannot set conditions which require changes to the terms or conditions of a person's occupation of the house. For example, this means that an LHA would not be permitted to impose any condition limiting the level of rent payable.