222 Rights of pre-emption in connection with assured tenancies
(1) Section 5 of the Housing Act 1988 (c. 50) (security of tenure for assured tenants) is amended as follows.
(2) After subsection (5) (certain obligations etc. of tenant to be unenforceable) insert—
(5A) Nothing in subsection (5) affects any right of pre-emption—
(a) which is exercisable by the landlord under a tenancy in circumstances where the tenant indicates his intention to dispose of the whole of his interest under the tenancy, and
(b) in pursuance of which the landlord would be required to pay, in respect of the acquisition of that interest, an amount representing its market value.
“Dispose” means dispose by assignment or surrender, and “acquisition” has a corresponding meaning.
(3) The amendment made by subsection (2) does not apply in relation to any right of pre-emption granted before the day on which this section comes into force.
223 Allocation of housing accommodation by local authorities
In section 167(2)(d) of the Housing Act 1996 (c. 52) (people to whom preference is to be given in allocating housing accommodation) after “medical or welfare grounds” insert “ (including grounds relating to a disability) ”.
(1) The Housing Grants, Construction and Regeneration Act 1996 (c. 53) is amended as follows.
(2) In section 1(1)(c)(i) (grants in relation to qualifying park homes) for “qualifying park homes” substitute “ caravans ”.
(3) In section 19(1) (applications for grants) for paragraph (c) substitute—
(c) that the applicant is an occupier (alone or jointly with others) of a qualifying houseboat or a caravan and, in the case of a caravan, that at the time the application was made the caravan was stationed on land within the authority’s area.
(4) In section 22A (certificates required in case of occupier’s application)—
(a) for “qualifying park home” in subsection (2)(b) and (3)(a) and (b) substitute “ caravan ”, and
(b) for “pitch” in subsection (3)(a) substitute “ land ”.
(5) In the following provisions for “qualifying park home” substitute “ caravan ”
(a) section 23(1)(a)(i), (b)(i), (i) and (k) (purposes of grant);
(b) section 24(3)(b)(i) (approval of application);
(c) section 29(3) (restriction on grants for works already begun);
(d) section 41(1)(b) (change of circumstances).
(6) In section 57(2)(a) (power of authority to carry out works)—
(a) for “qualifying park home”, in each place where it occurs, substitute “ caravan ”, and
(b) for “pitch” in sub-paragraph (i) substitute “ land ”.
(7) In section 58 (minor definitions for the purposes of Chapter 1 of Part 1)—
(a) before the definition of “common parts” insert—
“caravan”—
(a) means a caravan within the meaning of Part 1 of the Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the Caravan Sites Act 1968); and
(b) includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
and
(b) for “qualifying park home” in the definition of “premises” substitute “ caravan ”, and
(c) omit the definition of “qualifying park home”.
(8) In section 59 (index of defined expressions)—
(a) before the entry relating to “certified date” insert—
caravan | section 58
; and
(b) omit the entry relating to “qualifying park home”.
(9) The amendments made by this section do not apply in relation to any application for a disabled facilities grant under the Housing Grants, Construction and Regeneration Act 1996 (c. 53) that is made before the day on which this section comes into force.
(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 National Assembly for Wales 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)).
230 Powers and procedure of residential property tribunals
(1) A residential property tribunal exercising any jurisdiction in respect of premises situated in Wales 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.
(5ZA) When exercising jurisdiction under the Caravan Sites and Control of Development Act 1960, the directions which may be given by a tribunal under its general power include (where appropriate) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.
(5A) When exercising jurisdiction under the Mobile Homes Act 1983 or Part 4 of the Mobile Homes (Wales) Act 2013 , the directions which may be given by a tribunal under its general power include (where appropriate)—
(a) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise;
(b) directions requiring the arrears of pitch fees or the recovery of overpayments of pitch fees to be paid in such manner and by such date as may be specified in the directions;
(c) directions requiring cleaning, repairs, restoration, re-positioning or other works to be carried out in connection with a mobile home, pitch or the protected site in such manner as may be specified in the directions;
(d) directions requiring the establishment, provision or maintenance of any service or amenity in connection with a mobile home, pitch or protected site in such manner as may be specified in the directions.
(5B) In subsection (5A)—
“mobile home” and “protected site” have the same meaning as in the Mobile Homes 1983 (see section 5 of that Act or the Mobile Homes (Wales) Act 2013 (see sections 2 and 60 of that Act) );
“pitch” has the meaning given by paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to the Mobile Homes Act 1983 or section 55 of the Mobile Homes (Wales) Act 2013 ;
“pitch fee” has the meaning given in paragraph 29 of Chapter 2, paragraph 13 of Chapter 3, or paragraph 27 of Chapter 4, of Part 1 of Schedule 1 to the Mobile Homes Act 1983 (as the case may be) or section 60 of the Mobile Homes (Wales) Act 2013 .
(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 Upper Tribunal from a decision of the residential property tribunal.
(2) But the appeal may only be made with the permission of the residential property tribunal or the Upper Tribunal.
(3) On the appeal—
(a) the Upper Tribunal may exercise any power which was available to the residential property tribunal, and
(b) a decision of the Upper Tribunal may be enforced in the same way as a decision of the residential property tribunal.
(4) Section 65A of the Rent Act 1977 (right of appeal from a rent assessment committee in Wales) does not apply to a decision of a residential property tribunal).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
231A Additional Powers of First-tier Tribunal and Upper Tribunal
(1) The First-tier Tribunal and Upper Tribunal exercising any jurisdiction conferred by or under the Caravan Sites and Control of Development Act 1960, the Mobile Homes Act 1983, the Housing Act 1985 or this Act has, in addition to any specific powers exercisable by them in exercising that jurisdiction, the general power mentioned in subsection (2).
(2) The tribunal’s general power is a power 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 in or in connection with them.
(3) When exercising jurisdiction under this Act, the directions which may be given by the 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 (and such a direction is to be an excluded decision for the purposes of section 11(1) and 13(1) of the Tribunals, Courts and Enforcement Act 2007);
(e) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.
(3A) When exercising jurisdiction under the Caravan Sites and Control of Development Act 1960, the directions which may be given by a tribunal under its general power include (where appropriate) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.
(4) When exercising jurisdiction under the Mobile Homes Act 1983, the directions which may be given by the tribunal under its general power include (where appropriate)—
(a) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise;
(b) directions requiring the arrears of pitch fees or the recovery of overpayments of pitch fees to be paid in such manner and by such date as may be specified in the directions;
(c) directions requiring cleaning, repairs, restoration, re-positioning or other works to be carried out in connection with a mobile home, pitch or protected site in such manner as may be specified in the directions;
(d) directions requiring the establishment, provision or maintenance of any service or amenity in connection with a mobile home, pitch or protected site in such manner as may be specified in the directions.
(5) In subsection (4)—
“mobile home” and “protected site” have the same meaning as in the Mobile Homes Act 1983 (see section 5 of that Act);
“pitch” has the meaning given by paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to that Act;
“pitch fee” has the meaning given in paragraph 29 of Chapter 2, paragraph 13 of Chapter 3, or paragraph 27 of Chapter 4, of Part 1 of Schedule 1 to that Act, as the case may be.
(1) Where, in any proceedings before a court, there falls for determination a question which the First-tier Tribunal or the Upper Tribunal would have jurisdiction to determine on an appeal or application to the tribunal in connection with the Mobile Homes Act 1983, the Housing Act 1985 or this Act, the court—
(a) may by order transfer to the First-tier Tribunal so much of the proceedings as relate to the determination of that question;
(b) may then dispose of all or any remaining proceedings pending the determination of that question by the First-tier Tribunal or the Upper Tribunal, as it thinks fit.
(2) Where the First-tier Tribunal or the Upper Tribunal has determined the question, the court may give effect to the determination in an order of the court.
(3) Rules of court may prescribe the procedure to be followed in a court in connection with or in consequence of a transfer under this section
(4) Nothing in this Act , in the Caravan Sites and Control of Development Act 1960 or in the Mobile Homes Act 1983 affects any power of a court to make an order that could be made by the tribunal (such as an order quashing a licence granted or order made by a local housing authority) in a case where—
(a) the court has not made a transfer under this paragraph, and
(b) the order is made by the court in connection with disposing of any proceedings before it.
(1) A person aggrieved by a decision of the First-tier Tribunal made under or in connection with—
(za) the Caravan Sites and Control of Development Act 1960,
(a) the Mobile Homes Act 1983,
(b) the Housing Act 1985 (other than one made under paragraph 11 of Schedule 5 to that Act), or
(c) this Act,
may appeal to the Upper Tribunal.
(2) An appeal may not be brought under subsection (1) in relation to a decision on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Upper Tribunal)).
(3) An appeal may not be brought under subsection (1) if the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal).
(4) An appeal may be brought under subsection (1) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought.
(5) In any case where the Upper Tribunal is determining an appeal under subsection (1), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.
Any decision of the First-tier Tribunal or Upper Tribunal under or in connection with the Caravan Sites and Control of Development Act 1960, the Mobile Homes Act 1983, the Housing Act 1985 or this Act, other than a decision ordering the payment of a sum (as to which see section 27 (enforcement) of the Tribunals, Courts and Enforcement Act 2007), is to be enforceable with the permission of a county court in the same way as orders of such a court.
(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.
233 Approval of codes of practice with regard to the management of HMOs etc.
(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.
(6) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).
(7) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.
(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,
(aa) for any purpose connected with the exercise of any of the authority’s functions under this Part in relation to any qualifying residential premises within the meaning given by section 2B, or
(b) for the purpose of investigating whether any offence has been committed under any of Parts 1 to 4 in relation to any premises or under this Part in relation to any qualifying residential premises within the meaning given by section 2B.
(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.
237 Use of information obtained for certain other statutory purposes
(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,
(aa) for any purpose connected with the exercise of any of the authority’s functions under or by virtue of Part 7 in relation to any qualifying residential premises within the meaning given by section 2B,
(ab) for any purpose connected with any of the authority’s functions under or by virtue of the following in relation to any premises—
sections 1 and 1A of the Protection from Eviction Act 1977,
Chapter 1 of Part 1 of the Housing Act 1988,
section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013,
sections 21 to 23, 41 and 133 to 135 of the Housing and Planning Act 2016,
Chapter 3 of Part 1 and Part 2 of the Renters’ Rights Act 2025,
or
(b) for the purpose of investigating whether any offence has been committed under any provision mentioned in paragraphs (a) to (ab) in relation to premises or qualifying residential premises (as the case may be).
(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).
(3) The Secretary of State may by regulations amend this section so as to change the list of purposes for which a local housing authority in England may use information to which it applies.
(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).
(5A) In relation to any qualifying residential premises within the meaning given by section 2B, notice need not be given—
(a) to any owner;
(b) to any occupier who has waived the requirement to give notice.
(5B) If—
(a) premises are entered in exercise of the power conferred by subsection (3), and
(b) notice is not given to any person because of subsection (5A)(a),
the authorised person or proper officer must give that person notice of the exercise of that power within a reasonable period after its exercise.
(5C) The notice must—
(a) identify the premises that were entered,
(b) state when the premises were entered, and
(c) state the purpose for which the premises were entered.
(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.
242 Additional notice requirements for protection of owners
(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 or in relation to a document given or made by the First-tier Tribunal or Upper Tribunal.
(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.
247 Licences and other documents in electronic form
(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.
248 Timing and location of things done electronically
(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.
249A Financial penalties for certain housing offences in England
(1) The local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to a relevant housing offence in respect of premises in England.
(2) In this section “relevant housing offence” means an offence under—
(a) section 30 (failure to comply with improvement notice),
(b) section 72 (licensing of HMOs),
(c) section 95 (licensing of houses under Part 3),
(d) section 139(7) (failure to comply with overcrowding notice), or
(e) section 234 (management regulations in respect of HMOs).
(3) Only one financial penalty under this section may be imposed on a person in respect of the same conduct.
(4) The amount of a financial penalty imposed under this section is to be determined by the local housing authority, but must not be more than £40,000.
(5) The local housing authority may not impose a financial penalty in respect of any conduct amounting to a relevant housing offence if—
(a) the person has been convicted of the offence in respect of that conduct, or
(b) criminal proceedings for the offence have been instituted against the person in respect of the conduct and the proceedings have not been concluded.
(6) Schedule 13A deals with—
(a) the procedure for imposing financial penalties,
(b) appeals against financial penalties,
(c) enforcement of financial penalties, and
(d) guidance in respect of financial penalties.
(7) The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered.
(8) The Secretary of State may by regulations amend the amount specified in subsection (4) to reflect changes in the value of money.
(9) For the purposes of this section a person's conduct includes a failure to act.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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),
(ba) regulations under section 212A,
(c) any order under section 216 or 229(3),
(ca) regulations under section 237,
(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.
252 Power to up-rate level of fines for certain offences
(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 Upper Tribunal may be brought expires without such an appeal having been brought, or
(b) if an appeal to the Upper 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 the appropriate 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)).
(13) For the purposes of this section and section 256, “appropriate tribunal” means—
(a) in relation to a building in England, the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and
(b) in relation to a building in Wales, a residential property tribunal.
(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 the appropriate 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.