Search Legislation

Houses in Multiple Occupation Act (Northern Ireland) 2016

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this chapter contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Houses in Multiple Occupation Act (Northern Ireland) 2016, CHAPTER 2. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

CHAPTER 2N.I.Suitability for numbers in occupation

Suitability noticeN.I.

50—(1) This section applies where the council determines that an HMO is not suitable for occupation by the number of persons whom the council knows, or believes, to be occupying it.

(2) The council may issue a notice which complies with section 51 (a “suitability notice”).

(3) In making a determination under subsection (1), the council must have regard to—

(a)the minimum standards set under section 13(3) for the accommodation's condition, facilities or equipment for that number of persons, and

(b)the extent (if any) to which the HMO falls short of the provisions of building regulations.

(4) In having regard to the minimum standards referred to in subsection (3)(a), the council—

(a)cannot be satisfied that the HMO is suitable if the council considers that it fails to meet the standards, but

(b)may decide that the HMO is not suitable for occupation by that number even if it does meet the standards.

Contents of suitability noticeN.I.

51—(1) A suitability notice must specify what the council considers to be the maximum number of persons by whom the HMO is suitable to be occupied.

(2) A suitability notice must contain—

(a)the general occupancy requirement (set out in section 52(1)), or

(b)the new residents' occupancy requirement (set out in section 52(2)).

(3) A suitability notice may also contain a statement of remedial work (see section 53).

(4) If, in relation to a licensed HMO, the number of persons specified under subsection (1) differs from the number of persons authorised to occupy the HMO as specified in the licence, the suitability notice must state that the council proposes to vary the licence accordingly.

(5) Schedule 4 (procedure for varying or revoking licences) does not apply to a proposal to vary a licence under subsection (4); but the proposal does not have effect unless and until the suitability notice becomes operative in accordance with paragraph 2 of Schedule 5.

(6) A suitability notice may state that its operation is suspended in accordance with paragraph 4 of Schedule 5.

Occupancy requirementsN.I.

52—(1) The general occupancy requirement is that the person on whom the notice is served must refrain from permitting more than the maximum number of persons to occupy the HMO.

(2) The new residents' occupancy requirement is that the person on whom the notice is served must refrain from permitting any new resident to occupy the HMO if that new resident's occupation results in the HMO being occupied by more than the maximum number of persons.

(3) In this section—

(a)the “maximum number of persons” is the number stated in the notice in accordance with section 51(1), and

(b)new resident” means a person who was not an occupier of the HMO immediately before the notice was served.

Statement of remedial workN.I.

53—(1) A statement of remedial work is a statement of work which the council considers would, if carried out in or to the HMO, make it suitable for occupation by—

(a)the number of persons whom the council knows or believes to be occupying it, or

(b)such smaller number of persons as is specified in the statement.

(2) A statement of remedial work must state that, if the work is carried out by a date specified in the statement, the suitability notice will be revoked under paragraph 7(3) of Schedule 5.

(3) A date specified under subsection (2)—

(a)must be not less than 21 days after the date on which the notice takes effect, and

(b)must not be earlier than the date by which the council reasonably considers that the work can be completed.

(4) A statement of remedial work may also specify particular steps which the council requires to be taken in carrying out that work.

(5) A statement of remedial work may not specify any fire safety measures within the meaning of the Fire and Rescue Services (Northern Ireland) Order 2006.

(6) Part 1 of Schedule 3 applies to a suitability notice that includes a statement of remedial work.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources