Office of Public Sector Information
PART 7 continued
(1) A local housing authority may, subject to subsection (3), issue a licence to a person under Part 2 or 3 by transmitting the text of the licence to him by electronic means, provided the text—
(a) is received by him in legible form, and
(b) is capable of being used for subsequent reference.
(2) A local housing authority may, subject to subsection (3), serve a relevant document on a person by transmitting the text of the document to him in the way mentioned in subsection (1).
(3) The recipient, or the person on whose behalf the recipient receives the document, must have indicated to the local housing authority the recipient’s willingness to receive documents transmitted in the form and manner used.
(4) An indication for the purposes of subsection (3)—
(a) must be given to the local housing authority in such manner as they may require;
(b) may be a general indication or one that is limited to documents of a particular description;
(c) must state the address to be used and must be accompanied by such other information as the local housing authority require for the making of the transmission; and
(d) may be modified or withdrawn at any time by a notice given to the local housing authority in such manner as they may require.
(5) In this section any reference to serving includes a reference to similar expressions (such as giving or sending).
(6) In this section—
“document” includes anything in writing; and
“relevant document” means any document which a local housing authority are, by virtue of any provision of Parts 1 to 4 or this Part, under a duty to serve on any person.
(1) The Secretary of State may by regulations make provision specifying, for the purposes of any of Parts 1 to 4 or this Part, the manner of determining—
(a) the times at which things done under any of Parts 1 to 4 or this Part by means of electronic communications networks are done;
(b) the places at which things done under any of Parts 1 to 4 or this Part by means of such networks are done; and
(c) the places at which things transmitted by means of such networks are received.
(2) The Secretary of State may by regulations make provision about the manner of proving in any legal proceedings—
(a) that something done by means of an electronic communications network satisfies any requirements of any of Parts 1 to 4 or this Part for the doing of that thing; and
(b) the matters mentioned in subsection (1)(a) to (c).
(3) Regulations under this section may provide for such presumptions to apply (whether conclusive or not) as the Secretary of State considers appropriate.
(4) In this section “electronic communications network” has the meaning given by section 32 of the Communications Act 2003 (c. 21).
(1) This subsection applies in respect of a copy of—
(a) a designation under section 56 (designation of an area as subject to additional licensing), or
(b) a designation under section 80 (designation of an area as subject to selective licensing),
which purports to be made by a local housing authority.
(2) A certificate endorsed on such a copy and purporting to be signed by the proper officer of the authority stating the matters set out in subsection (3) is prima facie evidence of the facts so stated without proof of the handwriting or official position of the person by whom it purports to be signed.
(3) Those matters are—
(a) that the designation was made by the authority,
(b) that the copy is a true copy of the designation, and
(c) that the designation did not require confirmation by the confirming authority, or that on a specified date the designation was confirmed by the confirming authority.
(1) Any power of the Secretary of State or the National Assembly for Wales to make an order or regulations under this Act is exercisable by statutory instrument.
(2) Any power of the Secretary of State or the National Assembly for Wales to make an order or regulations under this Act—
(a) may be exercised so as to make different provision for different cases or descriptions of case or different purposes or areas; and
(b) includes power to make such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State or (as the case may be) the National Assembly for Wales considers appropriate.
(3) The Secretary of State must consult the National Assembly for Wales before making any regulations under Part 5 which relate to residential properties in Wales.
(4) Subject to subsections (5) and (6), any order or regulations made by the Secretary of State under this Act are to be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) Subsection (4) does not apply to any order under section 270 or paragraph 3 of Schedule 10.
(6) Subsection (4) also does not apply to—
(a) any order under section 55(3) which makes the provision authorised by section 55(4),
(b) any order under section 80(5) or (7),
(c) any order under section 216 or 229(3),
(d) any order under section 265(2) which modifies any provision of an Act,
(e) any regulations under section 254(6),
(f) any regulations under paragraph 3 of Schedule 4 or orders under paragraph 11 of Schedule 10, or
(g) any regulations made by virtue of paragraph 11(3)(b) or 12(3)(b) of Schedule 13;
and no such order or regulations may be made by the Secretary of State (whether alone or with other provisions) unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
(7) In this Act “modify”, in the context of a power to modify an enactment by order or regulations, includes repeal (and “modifications” has a corresponding meaning).
(1) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) a person purporting to act in such a capacity,
he as well as the body corporate commits the offence and is liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(1) Subsection (2) applies if the Secretary of State considers that there has been a change in the value of money since the relevant date.
(2) The Secretary of State may by order substitute for the sum or sums for the time being specified in any provision mentioned in subsection (3) such other sum or sums as he considers to be justified by the change.
(3) The provisions are—
(a) section 32(2)(b);
(b) section 35(6);
(c) section 72(6); and
(d) section 95(5).
(4) In subsection (1) “the relevant date” means—
(a) the date of the passing of this Act; or
(b) where the sums specified in a provision mentioned in subsection (3) have been substituted by an order under subsection (2), the date of that order.
(5) Nothing in an order under subsection (2) affects the punishment for an offence committed before the order comes into force.
The appropriate national authority may, for the purposes of the execution of any of the authority’s functions under this Act, cause such local inquiries to be held as the authority considers appropriate.
(1) For the purposes of this Act a building or a part of a building is a “house in multiple occupation” if—
(a) it meets the conditions in subsection (2) (“the standard test”);
(b) it meets the conditions in subsection (3) (“the self-contained flat test”);
(c) it meets the conditions in subsection (4) (“the converted building test”);
(d) an HMO declaration is in force in respect of it under section 255; or
(e) it is a converted block of flats to which section 257 applies.
(2) A building or a part of a building meets the standard test if—
(a) it consists of one or more units of living accommodation not consisting of a self-contained flat or flats;
(b) the living accommodation is occupied by persons who do not form a single household (see section 258);
(c) the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259);
(d) their occupation of the living accommodation constitutes the only use of that accommodation;
(e) rents are payable or other consideration is to be provided in respect of at least one of those persons' occupation of the living accommodation; and
(f) two or more of the households who occupy the living accommodation share one or more basic amenities or the living accommodation is lacking in one or more basic amenities.
(3) A part of a building meets the self-contained flat test if—
(a) it consists of a self-contained flat; and
(b) paragraphs (b) to (f) of subsection (2) apply (reading references to the living accommodation concerned as references to the flat).
(4) A building or a part of a building meets the converted building test if—
(a) it is a converted building;
(b) it contains one or more units of living accommodation that do not consist of a self-contained flat or flats (whether or not it also contains any such flat or flats);
(c) the living accommodation is occupied by persons who do not form a single household (see section 258);
(d) the living accommodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 259);
(e) their occupation of the living accommodation constitutes the only use of that accommodation; and
(f) rents are payable or other consideration is to be provided in respect of at least one of those persons' occupation of the living accommodation.
(5) But for any purposes of this Act (other than those of Part 1) a building or part of a building within subsection (1) is not a house in multiple occupation if it is listed in Schedule 14.
(6) The appropriate national authority may by regulations—
(a) make such amendments of this section and sections 255 to 259 as the authority considers appropriate with a view to securing that any building or part of a building of a description specified in the regulations is or is not to be a house in multiple occupation for any specified purposes of this Act;
(b) provide for such amendments to have effect also for the purposes of definitions in other enactments that operate by reference to this Act;
(c) make such consequential amendments of any provision of this Act, or any other enactment, as the authority considers appropriate.
(7) Regulations under subsection (6) may frame any description by reference to any matters or circumstances whatever.
(8) In this section—
“basic amenities” means—
a toilet,
personal washing facilities, or
cooking facilities;
“converted building” means a building or part of a building consisting of living accommodation in which one or more units of such accommodation have been created since the building or part was constructed;
“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30);
“self-contained flat” means a separate set of premises (whether or not on the same floor)—
which forms part of a building;
either the whole or a material part of which lies above or below some other part of the building; and
in which all three basic amenities are available for the exclusive use of its occupants.
(1) If a local housing authority are satisfied that subsection (2) applies to a building or part of a building in their area, they may serve a notice under this section (an “HMO declaration”) declaring the building or part to be a house in multiple occupation.
(2) This subsection applies to a building or part of a building if the building or part meets any of the following tests (as it applies without the sole use condition)—
(a) the standard test (see section 254(2)),
(b) the self-contained flat test (see section 254(3)), or
(c) the converted building test (see section 254(4)),
and the occupation, by persons who do not form a single household, of the living accommodation or flat referred to in the test in question constitutes a significant use of that accommodation or flat.
(3) In subsection (2) “the sole use condition” means the condition contained in—
(a) section 254(2)(d) (as it applies for the purposes of the standard test or the self-contained flat test), or
(b) section 254(4)(e),
as the case may be.
(4) The notice must—
(a) state the date of the authority’s decision to serve the notice,
(b) be served on each relevant person within the period of seven days beginning with the date of that decision,
(c) state the day on which it will come into force if no appeal is made under subsection (9) against the authority’s decision, and
(d) set out the right to appeal against the decision under subsection (9) and the period within which an appeal may be made.
(5) The day stated in the notice under subsection (4)(c) must be not less than 28 days after the date of the authority’s decision to serve the notice.
(6) If no appeal is made under subsection (9) before the end of that period of 28 days, the notice comes into force on the day stated in the notice.
(7) If such an appeal is made before the end of that period of 28 days, the notice does not come into force unless and until a decision is given on the appeal which confirms the notice and either—
(a) the period within which an appeal to the Lands Tribunal may be brought expires without such an appeal having been brought, or
(b) if an appeal to the Lands Tribunal is brought, a decision is given on the appeal which confirms the notice.
(8) For the purposes of subsection (7), the withdrawal of an appeal has the same effect as a decision which confirms the notice appealed against.
(9) Any relevant person may appeal to a residential property tribunal against a decision of the local housing authority to serve an HMO declaration.
The appeal must be made within the period of 28 days beginning with the date of the authority’s decision.
(10) Such an appeal—
(a) is to be by way of a re-hearing, but
(b) may be determined having regard to matters of which the authority were unaware.
(11) The tribunal may—
(a) confirm or reverse the decision of the authority, and
(b) if it reverses the decision, revoke the HMO declaration.
(12) In this section and section 256 “relevant person”, in relation to an HMO declaration, means any person who, to the knowledge of the local housing authority, is—
(a) a person having an estate or interest in the building or part of the building concerned (but is not a tenant under a lease with an unexpired term of 3 years of less), or
(b) a person managing or having control of that building or part (and not falling within paragraph (a)).
(1) A local housing authority may revoke an HMO declaration served under section 255 at any time if they consider that subsection (2) of that section no longer applies to the building or part of the building in respect of which the declaration was served.
(2) The power to revoke an HMO declaration is exercisable by the authority either—
(a) on an application made by a relevant person, or
(b) on the authority’s own initiative.
(3) If, on an application by such a person, the authority decide not to revoke the HMO declaration, they must without delay serve on him a notice informing him of—
(a) the decision,
(b) the reasons for it and the date on which it was made,
(c) the right to appeal against it under subsection (4), and
(d) the period within which an appeal may be made under that subsection.
(4) A person who applies to a local housing authority for the revocation of an HMO declaration under subsection (1) may appeal to a residential property tribunal against a decision of the authority to refuse to revoke the notice.
The appeal must be made within the period of 28 days beginning with the date specified under subsection (3) as the date on which the decision was made.
(5) Such an appeal—
(a) is to be by way of a re-hearing, but
(b) may be determined having regard to matters of which the authority were unaware.
(6) The tribunal may—
(a) confirm or reverse the decision of the authority, and
(b) if it reverses the decision, revoke the HMO declaration.
(1) For the purposes of this section a “converted block of flats” means a building or part of a building which—
(a) has been converted into, and
(b) consists of,
self-contained flats.
(2) This section applies to a converted block of flats if—
(a) building work undertaken in connection with the conversion did not comply with the appropriate building standards and still does not comply with them; and
(b) less than two-thirds of the self-contained flats are owner-occupied.
(3) In subsection (2) “appropriate building standards” means—
(a) in the case of a converted block of flats—
(i) on which building work was completed before 1st June 1992 or which is dealt with by regulation 20 of the Building Regulations 1991 (S.I. 1991/2768), and
(ii) which would not have been exempt under those Regulations,
building standards equivalent to those imposed, in relation to a building or part of a building to which those Regulations applied, by those Regulations as they had effect on 1st June 1992; and
(b) in the case of any other converted block of flats, the requirements imposed at the time in relation to it by regulations under section 1 of the Building Act 1984 (c. 55).
(4) For the purposes of subsection (2) a flat is “owner-occupied” if it is occupied—
(a) by a person who has a lease of the flat which has been granted for a term of more than 21 years,
(b) by a person who has the freehold estate in the converted block of flats, or
(c) by a member of the household of a person within paragraph (a) or (b).
(5) The fact that this section applies to a converted block of flats (with the result that it is a house in multiple occupation under section 254(1)(e)), does not affect the status of any flat in the block as a house in multiple occupation.
(6) In this section “self-contained flat” has the same meaning as in section 254.
(1) This section sets out when persons are to be regarded as not forming a single household for the purposes of section 254.
(2) Persons are to be regarded as not forming a single household unless—
(a) they are all members of the same family, or
(b) their circumstances are circumstances of a description specified for the purposes of this section in regulations made by the appropriate national authority.
(3) For the purposes of subsection (2)(a) a person is a member of the same family as another person if—
(a) those persons are married to each other or live together as husband and wife (or in an equivalent relationship in the case of persons of the same sex);
(b) one of them is a relative of the other; or
(c) one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple.
(4) For those purposes—
(a) a “couple” means two persons who are married to each other or otherwise fall within subsection (3)(a);
(b) “relative” means parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew, niece or cousin;
(c) a relationship of the half-blood shall be treated as a relationship of the whole blood; and
(d) the stepchild of a person shall be treated as his child.
(5) Regulations under subsection (2)(b) may, in particular, secure that a group of persons are to be regarded as forming a single household only where (as the regulations may require) each member of the group has a prescribed relationship, or at least one of a number of prescribed relationships, to any one or more of the others.
(6) In subsection (5) “prescribed relationship” means any relationship of a description specified in the regulations.
(1) This section sets out when persons are to be treated for the purposes of section 254 as occupying a building or part of a building as their only or main residence.
(2) A person is to be treated as so occupying a building or part of a building if it is occupied by the person—
(a) as the person’s residence for the purpose of undertaking a full-time course of further or higher education;
(b) as a refuge, or
(c) in any other circumstances which are circumstances of a description specified for the purposes of this section in regulations made by the appropriate national authority.
(3) In subsection (2)(b) “refuge” means a building or part of a building managed by a voluntary organisation and used wholly or mainly for the temporary accommodation of persons who have left their homes as a result of—
(a) physical violence or mental abuse, or
(b) threats of such violence or abuse,
from persons to whom they are or were married or with whom they are or were co-habiting.
(1) Where a question arises in any proceedings as to whether either of the following is met in respect of a building or part of a building—
(a) the sole use condition, or
(b) the significant use condition,
it shall be presumed, for the purposes of the proceedings, that the condition is met unless the contrary is shown.
(2) In this section—
(a) “the sole use condition” means the condition contained in—
(i) section 254(2)(d) (as it applies for the purposes of the standard test or the self-contained flat test), or
(ii) section 254(4)(e),
as the case may be; and
(b) “the significant use condition” means the condition contained in section 255(2) that the occupation of the living accommodation or flat referred to in that provision by persons who do not form a single household constitutes a significant use of that accommodation or flat.
(1) In this Act “the appropriate national authority” means—
(a) in relation to England, the Secretary of State; and
(b) in relation to Wales, the National Assembly for Wales.
(2) In this Act “local housing authority” means, in relation to England—
(a) a unitary authority;
(b) a district council so far as it is not a unitary authority;
(c) a London borough council;
(d) the Common Council of the City of London (in its capacity as a local authority);
(e) the Sub-Treasurer of the Inner Temple or the Under-Treasurer of the Middle Temple (in his capacity as a local authority); and
(f) the Council of the Isles of Scilly.
(3) In subsection (2) “unitary authority” means—
(a) the council of a county so far as it is the council for an area for which there are no district councils;
(b) the council of any district comprised in an area for which there is no county council.
(4) In this Act “local housing authority” means, in relation to Wales, a county council or a county borough council.
(5) References in this Act to “the local housing authority”, in relation to land, are to the local housing authority in whose district the land is situated.
(6) References in this Act to the district of a local housing authority are to the area of the council concerned, that is to say—
(a) in the case of a unitary authority, the area or district;
(b) in the case of a district council so far as it is not a unitary authority, the district;
(c) in the case of an authority within subsection (2)(c) to (f), the London borough, the City of London, the Inner or Middle Temple or the Isles of Scilly (as the case may be); and
(d) in the case of a Welsh county council or a county borough council, the Welsh county or county borough.
(7) Section 618 of the Housing Act 1985 (c. 68) (committees and members of Common Council of City of London) applies in relation to this Act as it applies in relation to that Act.
(1) In this Act “lease” and “tenancy” have the same meaning.
(2) Both expressions include—
(a) a sub-lease or sub-tenancy; and
(b) an agreement for a lease or tenancy (or sub-lease or sub-tenancy).
And see sections 108 and 117 and paragraphs 3 and 11 of Schedule 7 (which also extend the meaning of references to leases).
(3) The expressions “lessor” and “lessee” and “landlord” and “tenant” and references to letting, to the grant of a lease or to covenants or terms, are to be construed accordingly.
(4) In this Act “lessee” includes a statutory tenant of the premises; and references to a lease or to a person to whom premises are let are to be construed accordingly.
(5) In this Act any reference to a person who is a tenant under a lease with an unexpired term of 3 years or less includes a statutory tenant as well as a tenant under a yearly or other periodic tenancy.
Housing Act 2004