Change 1 Article Choose an article Title and introductory text 1 New system for assessing housing conditions and enforcing housing standards 2 Meaning of “category 1 hazard” and “category 2 hazard” 2B Qualifying residential premises 3 Local housing authorities to review housing conditions in their districts 4 Inspections by local housing authorities to see whether category 1 or 2 hazards exist 5 Category 1 hazards: general duty to take enforcement action 6 Category 1 hazards: how duty under section 5 operates in certain cases 6A Financial penalties relating to category 1 hazards or type 1 requirements 7 Category 2 hazards: powers to take enforcement action 8 Reasons for decision to take enforcement action 9 Guidance about inspections and enforcement action 10 Consultation with fire and rescue authorities in certain cases 11 Improvement notices relating to category 1 hazards: duty of authority to serve notice 12 Improvement notices relating to category 2 hazards: power of authority to serve notice 13 Contents of improvement notices 14 Suspension of improvement notices 15 Operation of improvement notices 16 Revocation and variation of improvement notices 17 Review of suspended improvement notices 18 Service of improvement notices etc. and related appeals 19 Change in person liable to comply with improvement notice 20 Prohibition orders relating to category 1 hazards: duty of authority to make order 21 Prohibition orders relating to category 2 hazards: power of authority to make order 22 Contents of prohibition orders 23 Suspension of prohibition orders 24 Operation of prohibition orders 25 Revocation and variation of prohibition orders 26 Review of suspended prohibition orders 27 Service of copies of prohibition orders etc. and related appeals 28 Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice 29 Hazard awareness notices relating to category 2 hazards: power of authority to serve notice 30 Offence of failing to comply with improvement notice 31 Enforcement action by local housing authorities 32 Offence of failing to comply with prohibition order etc. 33 Recovery of possession of premises in order to comply with order 34 Power of tribunal to determine or vary lease 35 Power of court to order occupier or owner to allow action to be taken on premises 36 Power of court to authorise action by one owner on behalf of another 37 Effect of improvement notices and prohibition orders as local land charges 38 Savings for rights arising from breach of covenant etc. 39 Effect of Part 4 enforcement action and redevelopment proposals 40 Emergency remedial action 41 Notice of emergency remedial action 42 Recovery of expenses of taking emergency remedial action 43 Emergency prohibition orders 44 Contents of emergency prohibition orders 45 Appeals relating to emergency measures 46 Demolition orders 47 Clearance areas 48 Transfer of jurisdiction in respect of appeals relating to demolition orders etc. 49 Power to charge for certain enforcement action 50 Recovery of charge under section 49 51 Repeal of power to improve existing enforcement procedures 52 Repeal of provisions relating to demolition of obstructive buildings 53 Miscellaneous repeals etc. in relation to fire hazards 54 Index of defined expressions: Part 1 55 Licensing of HMOs to which this Part applies 56 Designation of areas subject to additional licensing 57 Designations under section 56: further considerations 58 Designation needs confirmation or general approval to be effective 59 Notification requirements relating to designations 60 Duration, review and revocation of designations 61 Requirement for HMOs to be licensed 62 Temporary exemption from licensing requirement 63 Applications for licences 64 Grant or refusal of licence 65 Tests as to suitability for multiple occupation 66 Tests for fitness etc. and satisfactory management arrangements 67 Licence conditions 68 Licences: general requirements and duration 69 Variation of licences 70 Power to revoke licences 70A Duty to revoke licence in banning order cases 71 Procedural requirements and appeals against licence decisions 72 Offences in relation to licensing of HMOs 73 Other consequences of operating unlicensed HMOs: rent repayment orders 74 Further provisions about rent repayment orders 75 Other consequences of operating unlicensed HMOs: restriction on terminating tenancies (England) 75A Other consequences of operating unlicensed HMOs: restriction on terminating tenancies (Wales) 76 Transitional arrangements relating to introduction and termination of licensing 77 Meaning of “HMO” 78 Index of defined expressions: Part 2 79 Licensing of houses to which this Part applies 80 Designation of selective licensing areas 81 Designations under section 80: further considerations 82 Designation needs confirmation or general approval to be effective 83 Notification requirements relating to designations 84 Duration, review and revocation of designations 85 Requirement for Part 3 houses to be licensed 86 Temporary exemption from licensing requirement 87 Applications for licences 88 Grant or refusal of licence 89 Tests for fitness etc. and satisfactory management arrangements 90 Licence conditions 91 Licences: general requirements and duration 92 Variation of licences 93 Power to revoke licences 93A Duty to revoke licence in banning order cases 94 Procedural requirements and appeals against licence decisions 95 Offences in relation to licensing of houses under this Part 96 Other consequences of operating unlicensed houses: rent repayment orders 97 Further provisions about rent repayment orders 98 Other consequences of operating unlicensed houses: restriction on terminating tenancies (England) 98A Other consequences of operating unlicensed houses: restriction on terminating tenancies (Wales) 99 Meaning of “house” etc. 100 Index of defined expressions: Part 3 101 Interim and final management orders: introductory 102 Making of interim management orders 103 Special interim management orders 104 The health and safety condition 105 Operation of interim management orders 106 Local housing authority’s duties once interim management order in force 107 General effect of interim management orders 108 General effect of interim management orders: leases and licences granted by authority 109 General effect of interim management orders: immediate landlords, mortgagees etc. 110 Financial arrangements while order is in force 111 Variation of interim management orders 112 Revocation of interim management orders 113 Making of final management orders 114 Operation of final management orders 115 Local housing authority’s duties once final management order in force 116 General effect of final management orders 117 General effect of final management orders: leases and licences granted by authority 118 General effect of final management orders: immediate landlords, mortgagees etc. 119 Management schemes and accounts 120 Enforcement of management scheme by relevant landlord 121 Variation of final management orders 122 Revocation of final management orders 123 Procedural requirements and appeals 124 Effect of management orders: occupiers 125 Effect of management orders: agreements and legal proceedings 126 Effect of management orders: furniture 127 Management orders: power to supply furniture 128 Compensation payable to third parties 129 Termination of management orders: financial arrangements 130 Termination of management orders: leases, agreements and proceedings 131 Management orders: power of entry to carry out work 132 Empty dwelling management orders: introductory 133 Making of interim EDMOs 134 Authorisation to make interim EDMOs 135 Local housing authority’s duties once interim EDMO in force 136 Making of final EDMOs 137 Local housing authority’s duties once final EDMO in force 138 Compensation payable to third parties 139 Service of overcrowding notices 140 Contents of overcrowding notices 141 Requirement as to overcrowding generally 142 Requirement as to new residents 143 Appeals against overcrowding notices 144 Revocation and variation of overcrowding notices 145 Supplementary provisions 146 Interpretation and modification of this Part 147 Index of defined expressions: Part 4 179 Extension of introductory tenancies 180 Extension of qualifying period for right to buy 181 Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies 182 Exceptions to the right to buy: houses due to be demolished 183 Right to buy: claim suspended or terminated by demolition notice 184 Landlord’s notice to complete 185 Repayment of discount: periods and amounts applicable 186 Repayment of discount: increase attributable to home improvements to be disregarded 187 Deferred resale agreements 188 Right of first refusal for landlord etc. 189 sInformation to help tenants decide whether to exercise right to buy etc. 191 Secure tenancies: withholding of consent to mutual exchange 192 Right to buy: suspension by court order 193 Right to buy: suspension of landlord’s obligation to complete 194 Disclosure of information as to orders etc. in respect of anti-social behaviour 195 Repayment of discount: periods and amounts applicable 196 Repayment of discount: increase attributable to home improvements to be disregarded 197 Local authority’s right of first refusal 198 Deferred resale agreements 199 Repayment of discount: periods and amounts payable 200 Registered social landlord’s right of first refusal 201 Deferred resale agreements 202 Right of assured tenant to acquire dwelling not affected by collective enfranchisement 203 Repayment of discount: periods and amounts payable 204 Housing action trust’s right of first refusal 205 Deferred resale agreements 206 Particulars of site agreements to be given in advance 207 Implied terms relating to termination of agreements or disposal of mobile homes 208 Power to amend terms implied in site agreements 209 Protected sites to include sites for gypsies 210 Extension of protection from harassment for occupiers of mobile homes 211 Suspension of eviction orders 212 Tenancy deposit schemes 212A Provision of information to local authorities 213 Requirements relating to tenancy deposits 214 Proceedings relating to tenancy deposits 215 Sanctions for non-compliance Sanctions for non-compliance 215A Statutory periodic tenancies: deposit received before 6 April 2007 215B Shorthold Assured tenancies: deposit received on or after 6 April 2007 215C Sections 215A and 215B: transitional provisions 216 Overcrowding 217 Energy efficiency of residential accommodation: England 218 Amendments relating to registered social landlords 219 Disclosure of information to registered social landlords for the purposes of section 1 of the Crime and Disorder Act 1998 220 Additional power to give grants for social housing 221 Extension of right to acquire 222 Rights of pre-emption in connection with assured tenancies 223 Allocation of housing accommodation by local authorities 224 Disabled facilities grant: caravans 225 Duties of local housing authorities in England : accommodation needs of gypsies and travellers 226 Guidance in relation to section 225 227 Removal of duty on local housing authorities to send annual reports to tenants etc. 228 Social Housing Ombudsman for Wales 229 Residential property tribunals 230 Powers and procedure of residential property tribunals 231 Appeals from residential property tribunals 231A Additional Powers of First-tier Tribunal and Upper Tribunal 231B Transfer from court to First-tier Tribunal 231C Appeals from the First-tier Tribunal 231D Enforcement 232 Register of licences and management orders 233 Approval of codes of practice with regard to the management of HMOs etc. 234 Management regulations in respect of HMOs 235 Power to require documents to be produced 236 Enforcement of powers to obtain information 237 Use of information obtained for certain other statutory purposes 238 False or misleading information 239 Powers of entry 240 Warrant to authorise entry 241 Penalty for obstruction 242 Additional notice requirements for protection of owners 243 Authorisations for enforcement purposes etc. 244 Power to prescribe forms 245 Power to dispense with notices 246 Service of documents 247 Licences and other documents in electronic form 248 Timing and location of things done electronically 249 Proof of designations 249A Financial penalties for certain housing offences in England 250 Orders and regulations 251 Offences by bodies corporate 252 Power to up-rate level of fines for certain offences 253 Local inquiries 254 Meaning of “house in multiple occupation” 255 HMO declarations 256 Revocation of HMO declarations 257 HMOs: certain converted blocks of flats 258 HMOs: persons not forming a single household 259 HMOs: persons treated as occupying premises as only or main residence 260 HMOs: presumption that sole use condition or significant use condition is met 261 Meaning of “appropriate national authority”, “local housing authority” etc. 262 Meaning of “lease”, “tenancy”, “occupier” and “owner” etc. 263 Meaning of “person having control” and “person managing” etc. 264 Calculation of numbers of persons 265 Minor and consequential amendments 266 Repeals 267 Devolution: Wales 268 The Isles of Scilly 269 Expenses 270 Short title, commencement and extent Schedule A1 Procedure and appeals relating to financial penalties under section 6A SCHEDULE 1 Procedure and appeals relating to improvement notices SCHEDULE 2 Procedure and appeals relating to prohibition orders SCHEDULE 3 Improvement notices: enforcement action by local housing authorities SCHEDULE 4 Licences under Parts 2 and 3: mandatory conditions SCHEDULE 5 Licences under Parts 2 and 3: procedure and appeals SCHEDULE 6 Management orders: procedure and appeals SCHEDULE 7 Further provisions regarding empty dwelling management orders SCHEDULE 8 SCHEDULE 9 New Schedule 5A to the Housing Act 1985: initial demolition notices SCHEDULE 10 Provisions relating to tenancy deposit schemes SCHEDULE 11 Registered social landlords SCHEDULE 12 New Schedule 2A to the Housing Act 1996 SCHEDULE 13 Residential property tribunals: procedure SCHEDULE 13A Financial penalties under section 249A SCHEDULE 14 Buildings which are not HMOs for purposes of this Act (excluding Part 1) SCHEDULE 15 Minor and consequential amendments SCHEDULE 16 Repeals
What to do with it
As published
260 HMOs: presumption that sole use condition or significant use condition is met
(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.
Your wording
Your change, as a redline
260 HMOs: presumption that sole use condition or significant use condition is met
(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.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.