- Latest available (Revised)
- Point in Time (01/10/2018)
- Original (As enacted)
Point in time view as at 01/10/2018.
Housing Act 2004, Section 96 is up to date with all changes known to be in force on or before 30 August 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.
(1)For the purposes of this section a house is an “unlicensed house” if—
(a)it is required to be licensed under this Part but is not so licensed, and
(b)neither of the conditions in subsection (2) is satisfied.
(2)The conditions are—
(a)that a notification has been duly given in respect of the house under section 62(1) or 86(1) and that notification is still effective (as defined by section 95(7));
(b)that an application for a licence has been duly made in respect of the house under section 87 and that application is still effective (as so defined).
(3)No rule of law relating to the validity or enforceability of contracts in circumstances involving illegality is to affect the validity or enforceability of—
(a)any provision requiring the payment of rent or the making of any other periodical payment in connection with any tenancy or licence of the whole or a part of an unlicensed house, or
(b)any other provision of such a tenancy or licence.
(4)But amounts paid in respect of rent or other periodical payments payable in connection with such a tenancy or licence may be recovered in accordance with subsection (5) and section 97 [F1(in the case of a house in Wales) or in accordance with Chapter 4 of Part 2 of the Housing and Planning Act 2016 (in the case of a house in England)] .
(5)If—
(a)an application in respect of a house [F2in Wales] is made to [F3the appropriate tribunal] by the local housing authority or an occupier of the whole or part of the house, and
(b)the tribunal is satisfied as to the matters mentioned in subsection (6) or (8),
the tribunal may make an order (a “rent repayment order”) requiring the appropriate person to pay to the applicant such amount in respect of the [F4relevant award or awards of universal credit or the] housing benefit paid as mentioned in subsection (6)(b), or (as the case may be) the periodical payments paid as mentioned in subsection (8)(b), as is specified in the order (see section 97(2) to (8)).
(6)If the application is made by the local housing authority, the tribunal must be satisfied as to the following matters—
(a)that, at any time within the period of 12 months ending with the date of the notice of intended proceedings required by subsection (7), the appropriate person has committed an offence under section 95(1) in relation to the house (whether or not he has been charged or convicted),
(b)[F5that—
(i)one or more relevant awards of universal credit have been paid (to any person); or
(ii)housing benefit has been paid (to any person) in respect of periodical payments payable in connection with the occupation of the whole or any part or parts of the house,
during any period during which it appears to the tribunal that such an offence was being committed,]
(c)that the requirements of subsection (7) have been complied with in relation to the application.
[F6(6A) In subsection (6)(b)(i), “relevant award of universal credit” means an award of universal credit the calculation of which included an amount under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013 (housing costs element for renters) ( S.I. 2013/376 ) or any corresponding provision replacing that Schedule, in respect of periodical payments payable in connection with the occupation of the whole or any part or parts of the house. ]
(7)Those requirements are as follows—
(a)the authority must have served on the appropriate person a notice (a “notice of intended proceedings”)—
(i)informing him that the authority are proposing to make an application under subsection (5),
(ii)setting out the reasons why they propose to do so,
(iii)stating the amount that they will seek to recover under that subsection and how that amount is calculated, and
(iv)inviting him to make representations to them within a period specified in the notice of not less than 28 days;
(b)that period must have expired; and
(c)the authority must have considered any representations made to them within that period by the appropriate person.
(8)If the application is made by an occupier of the whole or part of the house, the tribunal must be satisfied as to the following matters—
(a)that the appropriate person has been convicted of an offence under section 95(1) in relation to the house, or has been required by a rent repayment order to make a payment in respect of
(i)[F7one or more relevant awards of universal credit, or
(ii)housing benefit paid in connection with occupation of the whole or any part or parts of the house],
(b)that the occupier paid, to a person having control of or managing the house, periodical payments in respect of occupation of the whole or part of the house during any period during which it appears to the tribunal that such an offence was being committed in relation to the house, and
(c)that the application is made within the period of 12 months beginning with—
(i)the date of the conviction or order, or
(ii)if such a conviction was followed by such an order (or vice versa), the date of the later of them.
(9)Where a local housing authority serve a notice of intended proceedings on any person under this section, they must ensure—
(a)that a copy of the notice is received by the department of the authority responsible for administering the housing benefit to which the proceedings would relate; and
(b)that that department is subsequently kept informed of any matters relating to the proceedings that are likely to be of interest to it in connection with the administration of housing benefit.
(10)In this section—
“ the appropriate person ”, in relation to any payment of [F8 universal credit or ] housing benefit or periodical payment payable in connection with occupation of the whole or a part of a house, means the person who at the time of the payment was entitled to receive on his own account periodical payments payable in connection with such occupation;
“ housing benefit ” means housing benefit provided by virtue of a scheme under section 123 of the Social Security Contributions and Benefits Act 1992 (c. 4);
“ occupier ”, in relation to any periodical payment, means a person who was an occupier at the time of the payment, whether under a tenancy or licence (and “ occupation ” has a corresponding meaning);
[F9“periodical payments” means—
payments in respect of which an amount under section 11 of the Welfare Reform Act 2012 may be included in the calculation of an award of universal credit, as referred to in paragraph 3 of Schedule 4 to the Universal Credit Regulations 2013 (“relevant payments”) ( S.I. 2013/376 ) or any corresponding provision replacing that paragraph; and
periodical payments in respect of which housing benefit may be paid by virtue of regulation 12 of the Housing Benefit Regulations 2006 or any corresponding provision replacing that regulation;]
(11)For the purposes of this section an amount which—
(a)is not actually paid by an occupier but is used by him to discharge the whole or part of his liability in respect of a periodical payment (for example, by offsetting the amount against any such liability), and
(b)is not an amount of [F10universal credit or] housing benefit,
is to be regarded as an amount paid by the occupier in respect of that periodical payment.
Textual Amendments
F1Words in s. 96(4) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 50(3)(a), 216(3); S.I. 2017/281, reg. 4(c)
F2Words in s. 96(5)(a) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), ss. 50(3)(b), 216(3); S.I. 2017/281, reg. 4(c)
F3Words in s. 96(5)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 158 (with Sch. 3)
F4Words in s. 96(5) inserted (E.) (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 18(4)(a) and words in s. 96(5) inserted (W.) (17.7.2013) by The Universal Credit (Consequential Provisions) (Childcare, Housing and Transport) (Wales) Regulations 2013 (S.I. 2013/1788), regs. 1(1), 3(4)(a)
F5S. 96(6)(b) substituted (E.) (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 18(4)(b) and S. 96(6)(b) substituted (W.) (17.7.2013) by The Universal Credit (Consequential Provisions) (Childcare, Housing and Transport) (Wales) Regulations 2013 (S.I. 2013/1788), regs. 1(1), 3(4)(b)
F6S. 96(6A) inserted (E.) (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 18(4)(c) and S. 96(6A) inserted (17.7.2013) by The Universal Credit (Consequential Provisions) (Childcare, Housing and Transport) (Wales) Regulations 2013 (S.I. 2013/1788), regs. 1(1), 3(4)(c)
F7Words in s. 96(8)(a) substituted (E.) (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 18(4)(d) and words in s. 96(8)(a) substituted (W.) (17.7.2013) by The Universal Credit (Consequential Provisions) (Childcare, Housing and Transport) (Wales) Regulations 2013 (S.I. 2013/1788), regs. 1(1), 3(4)(d)
F8Words in s. 96(10) inserted (E.) (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 18(4)(e)(i) and words in s. 96(10) inserted (W.) (17.7.2013) by The Universal Credit (Consequential Provisions) (Childcare, Housing and Transport) (Wales) Regulations 2013 (S.I. 2013/1788), regs. 1(1), 3(4)(e)(i)
F9Words in s. 96(10) substituted (E.) (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 18(4)(e)(ii) and words in s. 96(10) substituted (W.) (17.7.2013) by The Universal Credit (Consequential Provisions) (Childcare, Housing and Transport) (Wales) Regulations 2013 (S.I. 2013/1788), regs. 1(1), 3(4)(e)(ii)
F10Words in s. 96(11)(b) inserted (E.) (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 18(4)(f) and words in s. 96(11)(b) inserted (W.) (17.7.2013) by The Universal Credit (Consequential Provisions) (Childcare, Housing and Transport) (Wales) Regulations 2013 (S.I. 2013/1788), regs. 1(1), 3(4)(f)
Commencement Information
I1S. 96 wholly in force at 16.6.2006; s. 96 not in force at Royal Assent see s. 270(4)(5); s. 96 in force for E. at 6.7.2006 by S.I. 2006/1060, art. 2(2)(a) (with Sch.); s. 96 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 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 Whole Act without Schedules 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: