The Housing Act 2004 (Commencement No. 5 and Transitional Provisions and Savings)(England) Order 2006

Applications for HMO registration outstanding on first commencement date: transitional arrangements

5.—(1) This paragraph applies to an application for registration under a relevant scheme of a prescribed HMO or a HMO which is situated within an area in respect of which a designation is deemed to have been made under paragraph 3(2)—

(a) which has been made to a local housing authority before the first commencement date and not been withdrawn; and

(b) on which that authority has not made a decision before that date.

(2) The authority must reach its decision on the application as it would have done if Part 11 of the 1985 Act had not been repealed.

(3) Where the authority decides that the HMO satisfies the conditions for registration under a relevant scheme, it shall not register it but must instead grant a licence to the person specified in the application as the person managing the HMO—

(a) for a period of five years beginning on the first commencement date; and

(b) subject to the same conditions (other than any condition of a description mentioned in paragraph 4(5)(a), (b) or (c)) that it would have imposed if it had registered the HMO under the relevant scheme.

(4) Where the authority decides that the HMO does not satisfy the conditions for registration under the scheme, it must—

(a) inform the applicant of the need to apply for a licence under section 63 of the 2004 Act; and

(b) where the authority provides applicants for a licence with a form for making such an application, supply him with a copy of the form.

(5) The licence holder shall not be charged for any costs incurred by the local housing authority taking any action under this paragraph.

(6) Where an applicant to whom subsection (4) applies has paid a fee for his application for registration under a relevant scheme, he shall not be required to pay a fee for his application for a licence under section 63 of the 2004 Act.