The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2019

Statutory Instruments

2019 No. 904

Housing, England

The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2019

Made

1st May 2019

Laid before Parliament

7th May 2019

Coming into force

1st June 2019

The Secretary of State makes the following regulations in exercise of the powers conferred by section 250(2) of and paragraph 4(2) of Schedule 14 to the Housing Act 2004(1).

Citation, commencement and application E+W

1.—(1) These Regulations may be cited as the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2019 and come into force on 1st June 2019.

(2) These Regulations apply in relation to England only.

Commencement Information

I1 Reg. 1 in force at 1.6.2019, see reg. 1(1)

Educational establishments specified for certain purposes of the Housing Act 2004 E+W

2.  An educational establishment is specified for the purpose of paragraph 4 of Schedule 14 to the Housing Act 2004 (buildings occupied by students) where—

(a) it is listed in the Schedule to these Regulations; and

(b) it is a member of—

(i) the ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 1st May 2019(2); F1 ...

(ii) the Universities UK/Guild HE Code of Practice for the Management of Student Housing dated 1st May 2019(3). [F2 and]

[F3 (iii) the Accreditation Network UK/Unipol Code of Standards for larger Developments for Student Accommodation Not Managed and Controlled by Educational Establishments dated 28th February 2022]

Textual Amendments

F1 Word in reg. 2(b)(i) omitted (22.3.2022) by virtue of The Houses in Multiple Occupation (Specified Educational Establishments) (England) (Amendment) Regulations 2022 (S.I. 2022/197), regs. 1(1), 2(a)

F2 Word in reg. 2(b)(ii) inserted (22.3.2022) by The Houses in Multiple Occupation (Specified Educational Establishments) (England) (Amendment) Regulations 2022 (S.I. 2022/197), regs. 1(1), 2(b)

F3 Reg. 2(b)(iii) inserted (22.3.2022) by The Houses in Multiple Occupation (Specified Educational Establishments) (England) (Amendment) Regulations 2022 (S.I. 2022/197), regs. 1(1), 2(c)

Commencement Information

I2 Reg. 2 in force at 1.6.2019, see reg. 1(1)

Revocation E+W

3.  The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2016(4) are revoked.

Commencement Information

I3 Reg. 3 in force at 1.6.2019, see reg. 1(1)

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Heather Wheeler

Parliamentary Under Secretary of State

Ministry for Housing, Communities and Local Government

Regulation 2

SCHEDULE E+W Educational establishments specified for the purposes of paragraph 4 of Schedule 14 to the Housing Act 2004

Commencement Information

I4 Sch. in force at 1.6.2019, see reg. 1(1)

• Anglia Ruskin University

• Arts University Bournemouth

• Balliol College, University of Oxford

• Bath Spa University

• Birmingham City University

• Bishop Grosseteste University

• Blackfriars Hall, University of Oxford

• [F4 Blackpool and the Fylde College]

• Bournemouth University

• Brasenose College, University of Oxford

• Brunel University

• Buckinghamshire New University

• Canterbury Christ Church University

• [F4 Chichester College]

• Christ Church, University of Oxford

• [F4 Christ’s College, University of Cambridge]

• [F4 Churchill College, University of Cambridge]

• [F4 Clare College, University of Cambridge]

• [F4 Clare Hall, University of Cambridge]

• [F4 Corpus Christi, University of Cambridge]

• Corpus Christi College, University of Oxford

• Coventry University

• Cranfield University

• [F4 Darwin College, University of Cambridge]

• De Montfort University

• [F4 Downing College, University of Cambridge]

• Edge Hill University

• [F4 Emmanuel College, University of Cambridge]

• Exeter College, University of Oxford

• Falmouth Exeter Plus

• [F4 Fitzwilliam College, University of Cambridge]

• [F4 Foundation for International Education]

• [F4 Girton College, University of Cambridge]

• Goldsmiths University of London

• [F4 Gonville and Caius, University of Cambridge]

• Green Templeton College , University of Oxford

• Guildhall School of Music and Drama

• Harper Adams University

• [F4 Hartpury University and Hartpury College]

• Harris Manchester College, University of Oxford

• Hertford College, University of Oxford

• [F4 Homerton College, University of Cambridge]

• [F4 Hughes Hall, University of Cambridge]

• Imperial College London

• [F4 Jesus College, University of Cambridge]

• Jesus College, University of Oxford

• Keble College, University of Oxford

• Keele University

• Kellogg College, University of Oxford

• King’s College London

• [F4 King’s College, University of Cambridge]

• Kingston University

• Lady Margaret Hall, University of Oxford

• Lancaster University

• [F4 Leeds Beckett University]

• Leeds Trinity University

• Linacre College, University of Oxford

• Lincoln College, University of Oxford

• Liverpool Hope University

• London School of Economics (University of London)

• London South Bank University

• [F4 Loughborough College]

• Loughborough University

• [F4 Lucy Cavendish College, University of Cambridge]

• [F4 Magdalene College, University of Cambridge]

• Magdalen College, University of Oxford

• Manchester Metropolitan University

• Mansfield College, University of Oxford

• Merton College, University of Oxford

• Middlesex University

• [F4 Murray Edwards College, University of Cambridge]

• New College, University of Oxford

• Newcastle University

• Newman University

• [F4 Newnham College, University of Cambridge]

• Norwich University of the Arts

• [F4 Nottingham Trent University]

• Nuffield College, University of Oxford

• Oriel College, University of Oxford

• Oxford Brookes University

• Pembroke College, University of Oxford

• [F4 Pembroke College, University of Cambridge]

• [F4 Peterhouse, University of Cambridge]

• Queen Mary (University of London)

• [F4 Queen’s College, University of Cambridge]

• Regents Park College, University of Oxford

• [F4 Richmond and Hillcroft Adult and Community College]

• Richmond, The American International University in London

• [F4 Robinson College, University of Cambridge]

• Roehampton University

• Royal Agricultural University

• Royal Holloway, University of London

• Ruskin College, University of Oxford

• [F4 SCIO – Scholarship and Christianity in Oxford]

• [F4 Selwyn College, University of Cambridge]

• Sheffield Hallam University

• [F4 Sidney Sussex College, University of Cambridge]

• Solent University

• Somerville College, University of Oxford

• St Anne’s College, University of Oxford

• St Antony’s College, University of Oxford

• St Benet’s Hall, University of Oxford

• [F4 St Catharine’s College, University of Cambridge]

• St Catherine’s College, University of Oxford

• St Chad’s College University of Durham

• St Cross College, University of Oxford

• St Edmund Hall, University of Oxford

• [F4 St Edmund’s College, University of Cambridge]

• St George’s, University of London

• St Hilda’s College, University of Oxford

• St Hugh’s College, University of Oxford

• St John’s College Durham (Independent)

• [F4 St John’s College, University of Cambridge]

• St John’s College, University of Oxford

• St Mary’s University, Twickenham

• St Peter’s College, University of Oxford

• St Stephen’s House, University of Oxford

• Staffordshire University

• [F5 Stranmillis University College]

• [F4 The Backstage Academy]

• The Queen’s College, University of Oxford

• [F4 The Royal Veterinary College]

• [F4 Trinity College, University of Cambridge]

• Trinity College, University of Oxford

• [F4 Trinity Hall, University of Cambridge]

• University College Birmingham

• University College London

• University College Plymouth St Mark and St John

• University College, University of Oxford

• University for the Creative Arts

• University of Bath

• University of Bedfordshire

• University of Birmingham

• University of Bolton

• [F4 University of Bradford]

• University of Brighton

• University of Bristol

• University of Buckingham

• University of Central Lancashire

• University of Chester

• [F4 University of Chichester]

• University of Cumbria

• University of Derby

• University of Durham

• University of East Anglia

• University of East London

• University of Essex

• University of Exeter

• University of Gloucester

• [F4 University of Greenwich]

• [F4 University of Hertfordshire]

• University of Hull

• University of Kent

• [F4 University of Leeds]

• University of Leicester

• University of Lincoln

• University of Liverpool

• University of London

• University of Manchester

• University of Northampton

• University of Nottingham

• University of Oxford

• University of Plymouth

• University of Portsmouth

• University of Reading

• University of Sheffield

• University of Southampton

• University of Sunderland

• University of Surrey

• University of Sussex

• University of Teesside

• [F4 University of the Arts]

• University of the West of England, Bristol

• University of Warwick

• University of Westminster

• University of Winchester

• University of Wolverhampton

• University of Worcester

• University of York

• Wadham College, University of Oxford

• [F4 Warwickshire College]

• [F4 West Dean College]

• [F5 Westminster College]

• [F4 Wolfson College, University of Cambridge]

• Wolfson College, University of Oxford

• Worcester College, University of Oxford

• Writtle College

• Wycliffe Hall, University of Oxford

• York St John University

Textual Amendments

F4 Words in Sch. inserted (14.10.2019) by The Houses in Multiple Occupation (Specified Educational Establishments) (England) (Amendment) Regulations 2019 (S.I. 2019/1260), regs. 1(1), 2

F5 Words in Sch. inserted (22.3.2022) by The Houses in Multiple Occupation (Specified Educational Establishments) (England) (Amendment) Regulations 2022 (S.I. 2022/197), regs. 1(1), 3

EXPLANATORY NOTE

(This note is not part of the Regulations)

Schedule 14 to the Housing Act 2004 (“the Act”) lists types of building that are not houses in multiple occupation (“HMOs”) for the purposes of the Act (excluding Part 1, which deals with housing conditions). HMOs are defined in section 254 of the Act. Paragraph 4 of Schedule 14 to the Act refers to any building which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment, or at an educational establishment of a specified description, and where the person managing or controlling the building is the educational establishment in question, or a specified person, or a person of a specified description.

Regulation 2 and the Schedule to these Regulations specify educational establishments. Where a building is managed or controlled by an educational establishment which is listed in the Schedule to these Regulations and that educational establishment is a member of either code of practice referred to in regulation 2(b), then that building is not an HMO for the purposes of the Act (excluding Part 1).

These Regulations revoke the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2016 (SI 2016/420). They replace the list of educational establishments that appeared in the Schedule to those earlier Regulations.

Copies of the codes of practice referred to have been lodged in the libraries of both Houses of Parliament.

An impact assessment has not been provided for this instrument as no impact on the private or voluntary sector is foreseen.

(1)

2004 c.34. The powers conferred by paragraph 4(2) of Schedule 14 to the Housing Act 2004 (“the Act”) are exercisable, in England by the Secretary of State. For the definition of appropriate national authority see section 261(1) of the Act.

(2)

This code of practice has been approved by the Secretary of State under section 233 of the Act. See S.I. 2019/884. A copy of this code can be obtained from The National Codes Administrator, 155-157 Woodhouse Lane, Leeds, LS2 3ED, email [e-mail] or online at www.nationalcode.org or www.anuk.org.uk. A copy of this code has been lodged in the libraries of both Houses of Parliament.

(3)

This code of practice has been approved by the Secretary of State under section 233 of the Act. See S.I. 2019/884.A copy of this code can be obtained from Universities UK, Woburn House, 20 Tavistock Square, London, WC1H 9HQ, email [e-mail] or online at www.universitiesuk.ac.uk. A copy of this code has been lodged in the libraries of both Houses of Parliament.

(4)

S.I. 2016/420.