Modifications to Part 2 of the Housing Act 2004 (licensing of houses in multiple occupation)5

In section 65 (tests as to suitability for multiple occupation)—

a

for subsection (1) substitute—

1

The local housing authority cannot be satisfied that the house is reasonably suitable for occupation as a section 257 HMO if they consider that—

a

the common parts of the HMO; or

b

any flat within the HMO other than a flat let on a long lease,

fail to meet prescribed standards.

b

after subsection (1) add—

1A

Where a house becomes a section 257 HMO as a result of conversion works carried out on the house after 1st October 2007, any flat within the HMO in respect of which a long lease is granted after that date shall be treated for the purpose of subsection (1) as though no such lease has been granted unless—

a

the local housing authority are satisfied that the appropriate building standards have been met in relation to that flat; or

b

the local housing authority are satisfied that the lease has been granted by a person other than the freeholder or head lessor of the whole of the HMO.

c

omit subsection (2);

d

in paragraph (a) of subsection (4) omit “number,”; and

e

after subsection (4) add—

5

In this section “long lease” has the same meaning as in section 61(9).