PART 7Housing
CHAPTER 6Other housing matters
Houses in multiple occupation
185Exemption from HMO licensing for buildings run by co-operatives
1
In Schedule 14 to the Housing Act 2004 (buildings which are not HMOs for the purposes of that Act (excluding Part 1)) after paragraph 2A insert—
2BBuildings controlled or managed by a co-operative society
1
A building where—
a
the person managing or having control of it is a co-operative society whose rules are such as to secure that each of the conditions set out in sub-paragraph (2) is met, and
b
no person who occupies premises in the building does so by virtue of an assured tenancy, a secure tenancy or a protected tenancy.
2
The conditions are—
a
that membership of the society is restricted to persons who are occupiers or prospective occupiers of buildings managed or controlled by the society,
b
that all management decisions of the society are made by the members (or a specified quorum of members) at a general meeting which all members are entitled to, and invited to, attend,
c
that each member has equal voting rights at such a meeting, and
d
that, if a person occupies premises in the building and is not a member, that person is an occupier of the premises only as a result of sharing occupation of them with a member at the member's invitation.
3
For the purposes of sub-paragraph (1) “co-operative society” means a body that—
a
is registered—
i
as a co-operative society under section 1 of the 1965 Act, or
ii
is a pre-2010 Act society (as defined by section 4A(1) of the 1965 Act) which meets the condition in section 1(2) of the 1965 Act, and
b
is neither—
i
a non-profit registered provider of social housing, nor
ii
registered as a social landlord under Part 1 of the Housing Act 1996.
4
In this paragraph—
“the 1965 Act” means the Co-operative and Community Benefit Societies and Credit Unions Act 1965;
“assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;
“protected tenancy” has the same meaning as in the Rent Act 1977;
“secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985.
2
Until the coming into force of section 1 of the 2010 Act, the paragraph 2B inserted by subsection (1) of this section has effect as if for sub-paragraph (3)(a) of that paragraph there were substituted—
a
is a society registered, or treated as registered, under section 1 of the 1965 Act in the case of which the condition in section 1(2)(a) of that Act is fulfilled (bona fide co-operative society),
3
Until the coming into force of section 2 of the 2010 Act, the paragraph 2B inserted by subsection (1) of this section has effect as if in sub-paragraph (4) of that paragraph “Industrial and Provident Societies Act 1965” were substituted for “Co-operative and Community Benefit Societies and Credit Unions Act 1965”.
4
In subsections (2) and (3) “the 2010 Act” means the Co-operative and Community Benefit Societies and Credit Unions Act 2010.