The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

Schedule 14 to the Housing Act 2004 (“the Act”) lists types of building that are not houses in multiple occupation (“HMOs”) for the purposes of the Act (excluding Part 1, which deals with housing conditions). HMOs are defined in section 254 of the Act. Paragraph 4 of Schedule 14 to the Act refers to any building which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment, or at an educational establishment of a specified description, and where the person managing or controlling the building is the educational establishment in question, or a specified person, or a person of a specified description.

Regulation 2 and the Schedule to these Regulations specify educational establishments. Where a building is managed or controlled by an educational establishment which is listed in the Schedule to these Regulations and that educational establishment is a member of either code of practice referred to in regulation 2(b), then that building is not an HMO for the purposes of the Act (excluding Part 1).

These Regulations revoke the Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2016 (SI 2016/420). They replace the list of educational establishments that appeared in the Schedule to those earlier Regulations.

Copies of the codes of practice referred to have been lodged in the libraries of both Houses of Parliament.

An impact assessment has not been provided for this instrument as no impact on the private or voluntary sector is foreseen.