Housing Act 2004 (c. 34)

Part 3 E+W Selective licensing of other residential accommodation

Introductory E+W

79 Licensing of houses to which this Part applies E+W

(1) This Part provides for houses to be licensed by local housing authorities where—

(a) they are houses to which this Part applies (see subsection (2)), and

(b) they are required to be licensed under this Part (see section 85(1)).

(2) This Part applies to a house if—

(a) it is in an area that is for the time being designated under section 80 as subject to selective licensing, and

(b) the whole of it is occupied either—

(i) under a single tenancy or licence that is not an exempt tenancy or licence under subsection (3) or (4), or

(ii) under two or more tenancies or licences in respect of different dwellings contained in it, none of which is an exempt tenancy or licence under subsection (3) or (4).

(3) A tenancy or licence is an exempt tenancy or licence if[F1 —

(a) it is granted by a non-profit registered provider of social housing,

(b) it is granted by a profit-making registered provider of social housing in respect of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008), or

(c)] it is granted by a body which is registered as a social landlord under Part 1 of the Housing Act 1996 (c. 52).

(4) In addition, the appropriate national authority may by order provide for a tenancy or licence to be an exempt tenancy or licence—

(a) if it falls within any description of tenancy or licence specified in the order; or

(b) in any other circumstances so specified.

(5) Every local housing authority have the following general duties—

(a) to make such arrangements as are necessary to secure the effective implementation in their district of the licensing regime provided for by this Part; and

(b) to ensure that all applications for licences and other issues falling to be determined by them under this Part are determined within a reasonable time.

Textual Amendments

F1 Words in s. 79(3) inserted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010 (S.I. 2010/866), art. 1(2), Sch. 2 para. 131 (with art. 6, Sch. 3)

Commencement Information

I1 S. 79 wholly in force at 25.11.2005; s. 79 in force for certain purposes at Royal Assent see s. 270(2)(b); s. 79 in force for E. at 15.6.2005 by S.I. 2005/1451, art. 3(c); s. 79 in force for W. at 25.11.2005 by S.I. 2005/3237, art. 2(d)