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.”(1);
(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).”.
See Schedule 3 to S.I. 2006/373 which prescribes standards under section 65(4).