(1) Any jurisdiction conferred on a residential property tribunal by or under any enactment is exercisable by a rent assessment committee constituted in accordance with Schedule 10 to the Rent Act 1977 (c. 42).
(2) When so constituted for exercising any such jurisdiction a rent assessment committee is known as a residential property tribunal.
(3) The appropriate national authority may by order make provision for and in connection with conferring on residential property tribunals, in relation to such matters as are specified in the order, such jurisdiction as is so specified.
(4) An order under subsection (3) may modify an enactment (including this Act).
(5) In this section “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30)).
(1) A residential property tribunal exercising any jurisdiction by virtue of any enactment has, in addition to any specific powers exercisable by it in exercising that jurisdiction, the general power mentioned in subsection (2).
(2) The tribunal’s general power is a power by order to give such directions as the tribunal considers necessary or desirable for securing the just, expeditious and economical disposal of the proceedings or any issue raised in or in connection with them.
(3) In deciding whether to give directions under its general power a tribunal must have regard to—
(a) the matters falling to be determined in the proceedings,
(b) any other circumstances appearing to the tribunal to be relevant, and
(c) the provisions of the enactment by virtue of which it is exercising jurisdiction and of any other enactment appearing to it to be relevant.
(4) A tribunal may give directions under its general power whether or not they were originally sought by a party to the proceedings.
(5) When exercising jurisdiction under this Act, the directions which may be given by a tribunal under its general power include (where appropriate)—
(a) directions requiring a licence to be granted under Part 2 or 3 of this Act;
(b) directions requiring any licence so granted to contain such terms as are specified in the directions;
(c) directions requiring any order made under Part 4 of this Act to contain such terms as are so specified;
(d) directions that any building or part of a building so specified is to be treated as if an HMO declaration had been served in respect of it on such date as is so specified (without there being any right to appeal against it under section 255(9));
(e) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.
(6) Nothing in any enactment conferring specific powers on a residential property tribunal is to be regarded as affecting the operation of the preceding provisions of this section.
(7) Schedule 13 (residential property tribunals: procedure) has effect.
(8) Section 229(5) applies also for the purposes of this section and Schedule 13.
(1) A party to proceedings before a residential property tribunal may appeal to the Lands Tribunal from a decision of the residential property tribunal.
(2) But the appeal may only be made—
(a) with the permission of the residential property tribunal or the Lands Tribunal, and
(b) within the time specified by rules under section 3(6) of the Lands Tribunal Act 1949 (c. 42).
(3) On the appeal—
(a) the Lands Tribunal may exercise any power which was available to the residential property tribunal, and
(b) a decision of the Lands Tribunal may be enforced in the same way as a decision of the residential property tribunal.
(4) Section 11(1) of the Tribunals and Inquiries Act 1992 (c. 53) (appeals from certain tribunals to High Court) does not apply to any decision of a residential property tribunal.
(5) For the purposes of section 3(4) of the Lands Tribunal Act 1949 (which enables a person aggrieved by a decision of the Lands Tribunal to appeal to the Court of Appeal) a residential property tribunal is not to be regarded as an aggrieved person.
(1) Every local housing authority must establish and maintain a register of—
(a) all licences granted by them under Part 2 or 3 which are in force;
(b) all temporary exemption notices served by them under section 62 or section 86 which are in force; and
(c) all management orders made by them under Chapter 1 or 2 of Part 4 which are in force.
(2) The register may, subject to any requirements that may be prescribed, be in such form as the authority consider appropriate.
(3) Each entry in the register is to contain such particulars as may be prescribed.
(4) The authority must ensure that the contents of the register are available at the authority’s head office for inspection by members of the public at all reasonable times.
(5) If requested by a person to do so and subject to payment of such reasonable fee (if any) as the authority may determine, a local housing authority must supply the person with a copy (certified to be true) of the register or of an extract from it.
(6) A copy so certified is prima facie evidence of the matters mentioned in it.
(7) In this section “prescribed” means prescribed by regulations made by the appropriate national authority.
(1) The appropriate national authority may by order—
(a) approve a code of practice (whether prepared by that authority or another person) laying down standards of conduct and practice to be followed with regard to the management of houses in multiple occupation or of excepted accommodation;
(b) approve a modification of such a code; or
(c) withdraw the authority’s approval of such a code or modification.
(2) Before approving a code of practice or a modification of a code of practice under this section the appropriate national authority must take reasonable steps to consult—
(a) persons involved in the management of houses in multiple occupation or (as the case may be) excepted accommodation of the kind in question and persons occupying such houses or accommodation, or
(b) persons whom the authority considers to represent the interests of those persons.
(3) The appropriate national authority may only approve a code of practice or a modification of a code if satisfied that—
(a) the code or modification has been published (whether by the authority or by another person) in a manner that the authority considers appropriate for the purpose of bringing the code or modification to the attention of those likely to be affected by it; or
(b) arrangements have been made for the code or modification to be so published.
(4) The appropriate national authority may approve a code of practice which makes different provision in relation to different cases or descriptions of case (including different provision for different areas).
(5) A failure to comply with a code of practice for the time being approved under this section does not of itself make a person liable to any civil or criminal proceedings.
(6) In this section “excepted accommodation” means such description of living accommodation falling within any provision of Schedule 14 (buildings which are not HMOs for purposes of provisions other than Part 1) as is specified in an order under subsection (1).
(1) The appropriate national authority may by regulations make provision for the purpose of ensuring that, in respect of every house in multiple occupation of a description specified in the regulations—
(a) there are in place satisfactory management arrangements; and
(b) satisfactory standards of management are observed.
(2) The regulations may, in particular—
(a) impose duties on the person managing a house in respect of the repair, maintenance, cleanliness and good order of the house and facilities and equipment in it;
(b) impose duties on persons occupying a house for the purpose of ensuring that the person managing the house can effectively carry out any duty imposed on him by the regulations.
(3) A person commits an offence if he fails to comply with a regulation under this section.
(4) In proceedings against a person for an offence under subsection (3) it is a defence that he had a reasonable excuse for not complying with the regulation.
(5) A person who commits an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) A person authorised in writing by a local housing authority may exercise the power conferred by subsection (2) in relation to documents reasonably required by the authority—
(a) for any purpose connected with the exercise of any of the authority’s functions under any of Parts 1 to 4 in relation to any premises, or
(b) for the purpose of investigating whether any offence has been committed under any of those Parts in relation to any premises.
(2) A person so authorised may give a notice to a relevant person requiring him—
(a) to produce any documents which—
(i) are specified or described in the notice, or fall within a category of document which is specified or described in the notice, and
(ii) are in his custody or under his control, and
(b) to produce them at a time and place so specified and to a person so specified.
(3) The notice must include information about the possible consequences of not complying with the notice.
(4) The person to whom any document is produced in accordance with the notice may copy the document.
(5) No person may be required under this section to produce any document which he would be entitled to refuse to provide in proceedings in the High Court on grounds of legal professional privilege.
(6) In this section “document” includes information recorded otherwise than in legible form, and in relation to information so recorded, any reference to the production of a document is a reference to the production of a copy of the information in legible form.
(7) In this section “relevant person” means, in relation to any premises, a person within any of the following paragraphs—
(a) a person who is, or is proposed to be, the holder of a licence under Part 2 or 3 in respect of the premises, or a person on whom any obligation or restriction under such a licence is, or is proposed to be, imposed,
(b) a person who has an estate or interest in the premises,
(c) a person who is, or is proposing to be, managing or having control of the premises,
(d) a person who is, or is proposing to be, otherwise involved in the management of the premises,
(e) a person who occupies the premises.
(1) A person commits an offence if he fails to do anything required of him by a notice under section 235.
(2) In proceedings against a person for an offence under subsection (1) it is a defence that he had a reasonable excuse for failing to comply with the notice.
(3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) A person commits an offence if he intentionally alters, suppresses or destroys any document which he has been required to produce by a notice under section 235.
(5) A person who commits an offence under subsection (4) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(6) In this section “document” includes information recorded otherwise than in legible form, and in relation to information so recorded—
(a) the reference to the production of a document is a reference to the production of a copy of the information in legible form, and
(b) the reference to suppressing a document includes a reference to destroying the means of reproducing the information.
(1) A local housing authority may use any information to which this section applies—
(a) for any purpose connected with the exercise of any of the authority’s functions under any of Parts 1 to 4 in relation to any premises, or
(b) for the purpose of investigating whether any offence has been committed under any of those Parts in relation to any premises.
(2) This section applies to any information which has been obtained by the authority in the exercise of functions under—
(a) section 134 of the Social Security Administration Act 1992 (c. 5) (housing benefit), or
(b) Part 1 of the Local Government Finance Act 1992 (c. 14) (council tax).
(1) A person commits an offence if—
(a) he supplies any information to a local housing authority in connection with any of their functions under any of Parts 1 to 4 or this Part,
(b) the information is false or misleading, and
(c) he knows that it is false or misleading or is reckless as to whether it is false or misleading.
(2) A person commits an offence if—
(a) he supplies any information to another person which is false or misleading,
(b) he knows that it is false or misleading or is reckless as to whether it is false or misleading, and
(c) he knows that the information is to be used for the purpose of supplying information to a local housing authority in connection with any of their functions under any of Parts 1 to 4 or this Part.
(3) A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) In this section “false or misleading” means false or misleading in any material respect.
(1) Subsection (3) applies where the local housing authority consider that a survey or examination of any premises is necessary and any of the following conditions is met —
(a) the authority consider that the survey or examination is necessary in order to carry out an inspection under section 4(1) or otherwise to determine whether any functions under any of Parts 1 to 4 or this Part should be exercised in relation to the premises;
(b) the premises are (within the meaning of Part 1) specified premises in relation to an improvement notice or prohibition order;
(c) a management order is in force under Chapter 1 or 2 of Part 4 in respect of the premises.
(2) Subsection (3) also applies where the proper officer of the local housing authority considers that a survey or examination of any premises is necessary in order to carry out an inspection under section 4(2).
(3) Where this subsection applies—
(a) a person authorised by the local housing authority (in a case within subsection (1)), or
(b) the proper officer (in a case within subsection (2)),
may enter the premises in question at any reasonable time for the purpose of carrying out a survey or examination of the premises.
(4) If—
(a) an interim or final management order is in force under Chapter 1 of Part 4 in respect of any premises consisting of part of a house (“the relevant premises”), and
(b) another part of the house is excluded from the order by virtue of section 102(8) or 113(7),
the power of entry conferred by subsection (3) is exercisable in relation to any premises comprised in that other part so far as is necessary for the purpose of carrying out a survey or examination of the relevant premises.
(5) Before entering any premises in exercise of the power conferred by subsection (3), the authorised person or proper officer must have given at least 24 hours' notice of his intention to do so—
(a) to the owner of the premises (if known), and
(b) to the occupier (if any).
(6) Subsection (7) applies where the local housing authority consider that any premises need to be entered for the purpose of ascertaining whether an offence has been committed under section 72, 95 or 234(3).
(7) A person authorised by the local housing authority may enter the premises for that purpose—
(a) at any reasonable time, but
(b) without giving any prior notice as mentioned in subsection (5).
(8) A person exercising the power of entry conferred by subsection (3) or (7) may do such of the following as he thinks necessary for the purpose for which the power is being exercised—
(a) take other persons with him;
(b) take equipment or materials with him;
(c) take measurements or photographs or make recordings;
(d) leave recording equipment on the premises for later collection;
(e) take samples of any articles or substances found on the premises.
(9) An authorisation for the purposes of this section—
(a) must be in writing; and
(b) must state the particular purpose or purposes for which the entry is authorised.
(10) A person authorised for the purposes of this section must, if required to do so, produce his authorisation for inspection by the owner or any occupier of the premises or anyone acting on his behalf.
(11) If the premises are unoccupied or the occupier is temporarily absent, a person exercising the power of entry conferred by subsection (3) or (7) must leave the premises as effectively secured against trespassers as he found them.
(12) In this section “occupier”, in relation to premises, means a person who occupies the premises, whether for residential or other purposes.
(1) This section applies where a justice of the peace is satisfied, on a sworn information in writing, that admission to premises specified in the information is reasonably required for any of the purposes mentioned in subsection (2) by a person—
(a) employed by, or
(b) acting on the instructions of,
the local housing authority.
(2) The purposes are—
(a) surveying or examining premises in order to carry out an inspection under section 4(1) or (2) or otherwise to determine whether any functions under any of Parts 1 to 4 or this Part should be exercised in relation to the premises;
(b) surveying or examining premises—
(i) which are (within the meaning of Part 1) specified premises in relation to an improvement notice or prohibition order, or
(ii) in respect of which a management order is in force under Chapter 1 or 2 of Part 4;
(c) ascertaining whether an offence has been committed under section 72, 95 or 234(3).
(3) The justice may by warrant under his hand authorise the person mentioned in subsection (1) to enter on the premises for such of those purposes as may be specified in the warrant.
(4) But the justice must not grant the warrant unless he is satisfied—
(a) that admission to the premises has been sought in accordance with section 239(5) or (7) but has been refused;
(b) that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the purpose of the entry to await his return; or
(c) that application for admission would defeat the purpose of the entry.
(5) The power of entry conferred by a warrant under this section includes power to enter by force (if necessary).
(6) Subsection (8) of section 239 applies to the person on whom that power is conferred as it applies to a person exercising the power of entry conferred by subsection (3) or (7) of that section.
(7) A warrant under this section must, if so required, be produced for inspection by the owner or any occupier of the premises or anyone acting on his behalf.
(8) If the premises are unoccupied or the occupier is temporarily absent, a person entering under the authority of a warrant under this section must leave the premises as effectively secured against trespassers as he found them.
(9) A warrant under this section continues in force until the purpose for which the entry is required is satisfied.
(10) In a case within section 239(4)(a) and (b), the powers conferred by this section are exercisable in relation to premises comprised in the excluded part of the house as well as in relation to the relevant premises.
(11) In this section “occupier”, in relation to premises, means a person who occupies the premises, whether for residential or other purposes.
(1) A person who obstructs a relevant person in the performance of anything which, by virtue of any of Parts 1 to 4 or this Part, that person is required or authorised to do commits an offence.
(2) In proceedings against a person for an offence under subsection (1) it is a defence that he had a reasonable excuse for obstructing the relevant person.
(3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4) In this section “relevant person” means an officer of a local housing authority or any person authorised to enter premises by virtue of any of Parts 1 to 4 or section 239 or 240.
(1) This section applies where an owner of premises gives a notice to the local housing authority for the purposes of this section informing them of his interest in the premises.
(2) The authority must give him notice of any action taken by them under any of Parts 1 to 4 or this Part in relation to the premises.
(1) This section applies to any authorisation given for the purposes of any of the following provisions—
(a) section 131 (management orders: power of entry to carry out work),
(b) section 235 (power to require documents to be produced),
(c) section 239 (powers of entry),
(d) paragraph 3(4) of Schedule 3 (improvement notices: power to enter to carry out work), and
(e) paragraph 25 of Schedule 7 (EDMOs: power of entry to carry out work).
(2) Any such authorisation must be given by the appropriate officer of the local housing authority.
(3) For the purposes of this section a person is an “appropriate officer” of a local housing authority, in relation to an authorisation given by the authority, if either—
(a) he is a deputy chief officer of the authority (within the meaning of section 2 of the Local Government and Housing Act 1989 (c. 42)), and
(b) the duties of his post consist of or include duties relating to the exercise of the functions of the authority in connection with which the authorisation is given,
or he is an officer of the authority to whom such a deputy chief officer reports directly, or is directly accountable, as respects duties so relating.
(1) The appropriate national authority may by regulations prescribe the form of any notice, statement or other document which is required or authorised to be used under, or for the purposes of, this Act.
(2) The power conferred by this section is not exercisable where specific provision for prescribing the form of a document is made elsewhere in this Act.
(1) The appropriate national authority may dispense with the service of a notice which is required to be served by a local housing authority under this Act if satisfied that it is reasonable to do so.
(2) A dispensation may be given either before or after the time at which the notice is required to be served.
(3) A dispensation may be given either unconditionally or on such conditions (whether as to the service of other notices or otherwise) as the appropriate national authority considers appropriate.
(4) Before giving a dispensation under this section, the appropriate national authority shall, in particular, have regard to the need to ensure, so far as possible, that the interests of any person are not prejudiced by the dispensation.
(1) Subsection (2) applies where the local housing authority is, by virtue of any provision of Parts 1 to 4 or this Part, under a duty to serve a document on a person who, to the knowledge of the authority, is—
(a) a person having control of premises,
(b) a person managing premises, or
(c) a person having an estate or interest in premises,
or a person who (but for an interim or final management order under Chapter 1 of Part 4) would fall within paragraph (a) or (b).
(2) The local housing authority must take reasonable steps to identify the person or persons falling within the description in that provision.
(3) A person having an estate or interest in premises may for the purposes of any provision to which subsections (1) and (2) apply give notice to the local housing authority of his interest in the premises.
(4) The local housing authority must enter a notice under subsection (3) in its records.
(5) A document required or authorised by any of Parts 1 to 4 or this Part to be served on a person as—
(a) a person having control of premises,
(b) a person managing premises,
(c) a person having an estate or interest in premises, or
(d) a person who (but for an interim or final management order under Chapter 1 of Part 4) would fall within paragraph (a) or (b),
may, if it is not practicable after reasonable enquiry to ascertain the name or address of that person, be served in accordance with subsection (6).
(6) A person having such a connection with any premises as is mentioned in subsection (5)(a) to (d) is served in accordance with this subsection if—
(a) the document is addressed to him by describing his connection with the premises (naming them), and
(b) delivering the document to some person on the premises or, if there is no person on the premises to whom it can be delivered, by fixing it, or a copy of it, to some conspicuous part of the premises.
(7) Subsection (1)(c) or (5)(c) applies whether the provision requiring or authorising service of the document refers in terms to a person having an estate or interest in premises or instead refers to a class of person having such an estate or interest (such as owners, lessees or mortgagees).
(8) Where under any provision of Parts 1 to 4 or this Part a document is to be served on—
(a) the person having control of premises,
(b) the person managing premises, or
(c) the owner of premises,
and more than one person comes within the description in the provision, the document may be served on more than one of those persons.
(9) Section 233 of the Local Government Act 1972 (c. 70) (service of notices by local authorities) applies in relation to the service of documents for any purposes of this Act by the authorities mentioned in section 261(2)(d) and (e) of this Act as if they were local authorities within the meaning of section 233.
(10) In this section—
(a) references to a person managing premises include references to a person authorised to permit persons to occupy premises; and
(b) references to serving include references to similar expressions (such as giving or sending).
(11) In this section—
“document” includes anything in writing;
“premises” means premises however defined.