Explanatory Notes

Housing (Wales) Act 2014

7

17 September 2014

Commentary on Sections

Part 1 Regulation of Private Rented Housing

Section 24 – Amendment of licence

51.A licensing authority may amend a licence granted by it. An amendment may be made to impose new conditions or remove or change the existing conditions attached to a licence. The only exception is the requirement to comply with the code of practice, which cannot be amended.

52.Before deciding to amend a licence, a licensing authority must do a number of things. It must notify the licence holder of its intention to make amendments and the reasons for doing so. It must also allow the licence holder time to make any representations. A period of 21 days must be allowed, beginning with the date the licence holder was notified. But the requirement to wait 21 days before making a decision to amend a licence does not apply if the licence holder consents to the amendment or if the authority considers that there are exceptional circumstances that warrant the changes being made without delay.

53.After amending a licence, the licensing authority must notify the licence holder of the amendment(s) and the reasons for the amendment(s). If a licence holder hasn’t consented to the change, the authority must provide information on the licence holder’s right to appeal to a residential property tribunal against the authority’s decision. The date the amendment or amendments will take effect is determined in accordance with subsection (6).