Modifications to Part 2 of the Housing Act 2004 (licensing of houses in multiple occupation)
7. In section 73 (other consequences of operating unlicensed HMOs: rent repayment orders) in subsection (10)—
(a)for the definition of “the appropriate person” substitute—
““the appropriate person”, in relation to any payment of housing benefit or periodical payments payable in connection with occupation of a part of a section 257 HMO means the person who at the time when such benefit or payments were made was the person—
having control of the HMO; and
entitled to receive on his own account periodical payments in connection with such occupation of the part of the HMO in respect of which the payment or housing benefit relates.”; and
(b)after the definition of “periodical payments” insert—
““rent” does not include ground rent, service charges or insurance charges paid under the terms of a lease in respect of a flat within a section 257 HMO.”.