The Houses in Multiple Occupation (Specified Educational Establishments) (England) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

Schedule 14 to the Housing Act 2004 (“the Act”) lists types of buildings 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 provides that a building is not an HMO for the purposes of the Act (excluding Part 1) if it is a building which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further education at a specified establishment, or at an establishment of a specified description; and where the person managing or controlling the building is the establishment in question, or a specified person or a person of a specified description.

Regulation 2 of and the Schedule to, these Regulations specify establishments. Where a building is owned and managed by a specified establishment and the building is listed in either of the relevant Schedules to the Codes referred to in regulation 2(b), then the 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 2008. They replace the list of establishments that were listed in the Schedule to those Regulations.

A copy of the Universities UK/Standing Conference of Principals Code of Practice dated 20th February 2006 and the Schedule annexed to it may be obtained from Universities UK, Woburn House, 20 Tavistock Square, London WC1H 9HQ, by emailing [e-mail] or via the internet at www.universitiesUK.ac.uk.

A copy of the ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Managed and Controlled by Educational Establishments dated 28th August 2008 and the appendices attached to it may be obtained from the National Administrator for the ANUK/Unipol National Code of Standards based at Unipol Student Homes, 155-157 Woodhouse Lane, Leeds LS2 3ED, by emailing [e-mail] or via the internet at www.unipol.leeds.ac.uk or www.anuk.org.uk.

Copies of the updated Schedules annexed to the ANUK/Unipol Code and the Universities UK Code 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 sectors is foreseen.