Explanatory Notes

Housing Act 2004

2004 CHAPTER 34

Thursday 18 November 2004

Commentary on Sections

Part 2 – Licensing of Houses in Multiple Occupation

Section 75: Other Consequences of operating unlicensed HMOs: restriction on terminating tenancies

212.Section 75 provides that a landlord who is required to have a licence in respect of an HMO, but who does not have a licence, loses the right to automatic possession by use of section 21 of the 1988 Housing Act in relation to assured shorthold tenancies. This restriction ceases to apply if the landlord makes an application for a licence or for a temporary exemption notice.