Part 2 E+WLicensing of houses in multiple occupation

Modifications etc. (not altering text)

C1 Pt. 2 modified (E.) (1.10.2007) by The Houses in Multiple Occupation (Certain Blocks of Flats) (Modifications to the Housing Act 2004 and Transitional Provisions for section 257 HMOs) (England) Regulations 2007 (S.I. 2007/1904), regs. 2-10

C2 Pt. 2 modified (W.) (5.12.2007) by The Houses in Multiple Occupation (Certain Blocks of Flats) (Modifications to the Housing Act 2004 and Transitional Provisions for section 257 HMOs) (Wales) Regulations 2007 (S.I. 2007/3231), regs. 2-10

Grant or refusal of licences E+W

64 Grant or refusal of licence E+W

(1) Where an application in respect of an HMO is made to the local housing authority under section 63, the authority must either—

(a) grant a licence in accordance with subsection (2), or

(b) refuse to grant a licence.

(2) If the authority are satisfied as to the matters mentioned in subsection (3), they may grant a licence either—

(a) to the applicant, or

(b) to some other person, if both he and the applicant agree.

(3) The matters are—

(a) that the house is reasonably suitable for occupation by not more than the maximum number of households or persons mentioned in subsection (4) or that it can be made so suitable by the imposition of conditions under section 67;

[F1 (aa)that no banning order under section 16 of the Housing and Planning Act 2016 is in force against a person who—

(i) owns an estate or interest in the house or part of it, and

(ii) is a lessor or licensor of the house or part;]

(b) that the proposed licence holder—

(i) is a fit and proper person to be the licence holder, and

(ii) is, out of all the persons reasonably available to be the licence holder in respect of the house, the most appropriate person to be the licence holder;

(c) that the proposed manager of the house is either—

(i) the person having control of the house, or

(ii) a person who is an agent or employee of the person having control of the house;

(d) that the proposed manager of the house is a fit and proper person to be the manager of the house; and

(e) that the proposed management arrangements for the house are otherwise satisfactory.

(4) The maximum number of households or persons referred to in subsection (3)(a) is—

(a) the maximum number specified in the application, or

(b) some other maximum number decided by the authority.

(5) Sections 65 and 66 apply for the purposes of this section.

Textual Amendments

F1 S. 64(3)(aa) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 2 para. 2; S.I. 2018/393, reg. 2(b)

Commencement Information

I1 S. 64 wholly in force at 16.6.2006; s. 64 not in force at Royal Assent see s. 270(4)(5); s. 64 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); s. 64 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)