- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Houses in Multiple Occupation Act (Northern Ireland) 2016, Part 2 .
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
4 This Part of this Schedule applies if the owner of living accommodation fails to comply with—N.I.
(a)a requirement in a rectification notice to carry out works in or to an HMO, or
(b)a works requirement in a hazard notice.
Commencement Information
I1Sch. 3 para. 4 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)
5—(1) The council may carry out any work required by the notice.N.I.
(2) But the council may do so only if one of the following three conditions is met.
(3) The first condition is that—
(a)the date specified for that work to be completed has passed, and
(b)the council has given the owner not less than 7 days' notice of its intention to carry out the work under this paragraph.
(4) The second condition is that the owner has given notice to the council that the owner is unable to comply with the requirement because of a lack of necessary rights (of access or otherwise) despite having taken reasonable steps for the purposes of acquiring those rights.
(5) The third condition is that the owner has given notice to the council stating that the owner considers that carrying out the work is likely to endanger any person.
Commencement Information
I2Sch. 3 para. 5 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)
6—(1) Where the council—N.I.
(a)is authorised by paragraph 5 to carry out work, and
(b)considers that doing so is likely to endanger any occupant of any land or premises,
it must require that occupant to move from the land or premises.
(2) A requirement under sub-paragraph (1) must be made by serving a notice on the occupant specifying—
(a)by reference to the work which the council is authorised to carry out, the reason why the occupant is required to move, and
(b)the date, not less than 28 days after the date on which the notice is served, by which the occupant must move.
(3) A requirement under sub-paragraph (1) ceases to have effect if—
(a)a court of summary jurisdiction refuses to issue a warrant under paragraph 7(1) in relation to it, or
(b)the work is completed.
Commencement Information
I3Sch. 3 para. 6 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)
7—(1) Where an occupant has not complied with a requirement under paragraph 6(1), the council may apply to a court of summary jurisdiction for a warrant requiring the occupant—N.I.
(a)to move from the land or premises in question by such date as the court may determine, and
(b)not to return until the work is completed.
(2) The court may issue a warrant under sub-paragraph (1) only if satisfied that the occupant is likely to be endangered by the carrying out of the work concerned.
(3) No application under this paragraph may be made before the date specified in the notice served under paragraph 6(2).
(4) On such an application, the court may require the service of a further notice on the occupant.
(5) Where a further notice has been required to be served under sub-paragraph (4), the date determined under sub-paragraph (1)(a) must not be less than 14 days after service of that notice.
(6) A warrant may be made subject to such other conditions (including conditions with respect to payment of rent) as the court considers just and equitable.
(7) No warrant may require a person (“A”) to move from any living accommodation which is that person's only or main residence (“A's home”) unless the court is satisfied that suitable alternative living accommodation on reasonable terms will be available to A.
(8) In sub-paragraph (7) “suitable alternative living accommodation” means accommodation which is suitable for occupation by—
(a)A, and
(b)any other person who would, but for the location of that other person's place of work or of any educational institution which the person attends, reside only or mainly at A's home.
(9) The decision of a court on an application under this paragraph is to be final.
(10) Refusal by the court to issue a warrant sought under this paragraph does not affect the validity of the requirement to carry out works in relation to which the warrant was sought.
Commencement Information
I4Sch. 3 para. 7 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)
8—(1) A person commits an offence if the person—N.I.
(a)knows that a requirement under paragraph 6(1) has effect in relation to any land or premises, and
(b)occupies the land or premises.
(2) But it is not an offence under sub-paragraph (1) for a person to continue to occupy land or premises which the person occupied on the day on which the requirement under paragraph 6(1) was made.
(3) A person commits an offence if the person—
(a)knows that a requirement under paragraph 6(1) has effect in relation to any land or premises, and
(b)permits another person to occupy the land or premises.
(4) But it is not an offence under sub-paragraph (3) for a person to permit another person to continue to occupy land or premises which that other person occupied on the day on which the requirement under paragraph 6(1) was made.
(5) A person guilty of an offence under this paragraph is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Commencement Information
I5Sch. 3 para. 8 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)
9—(1) The council may recover from the owner of the HMO in question—N.I.
(a)any expenses that the council incurs in or in connection with carrying out work that it is authorised to carry out by paragraph 5, and
(b)any expenses that it incurs in applying for or executing a warrant issued under paragraph 7.
(2) Sub-paragraph (1) entitles the council to recover—
(a)any administrative expenses incurred by it in connection with the act to which the expenses relate,
(b)where notice is served under paragraph 5(3)(b), any administrative or other expenses incurred either in connection with that notice or with a view to carrying out the works (even if the works are carried out by someone other than the council), and
(c)interest, at such reasonable rate as it may determine, from the date when a demand for payment is served until the whole amount is paid.
(3) The sums mentioned in sub-paragraphs (1) and (2) are a civil debt recoverable summarily.
(4) Notice of any decision to demand recovery of any sums under this paragraph must be served on the owner.
(5) That notice may include a declaration by the council that any sums recoverable under this paragraph are to be payable by instalments.
(6) In all summary proceedings by the council for the recovery of sums under this paragraph, the time within which the proceedings may be taken are to be reckoned from the date of the service of that notice.
(7) Until they are recovered, sums recoverable under this paragraph are a charge on the estate that the owner has in the HMO.
(8) The charge created by sub-paragraph (7) is enforceable in all respects as if it were a valid mortgage by deed created in favour of the council by the owner (with, where necessary, any authorisation or consent required by law) and the council may exercise the powers conferred by sections 19, 21 and 22 of the Conveyancing Act 1881 on mortgagees by deed accordingly.
(9) In proceedings by the council for the recovery of any sums under this paragraph, it shall not be open to the owner to raise any question which the owner could have raised on an appeal under section 67 against the rectification notice or hazard notice in question.
Commencement Information
I6Sch. 3 para. 9 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)
10—(1) This paragraph applies if a court of summary jurisdiction is satisfied, on the application of the council, that—N.I.
(a)any sums which the council is entitled to recover under paragraph 9 have not been, and are unlikely to be, recovered, and
(b)some person is profiting by the execution of the works in respect of which the sums were incurred to obtain rents or other payments which would not have been obtainable if the number of persons occupying the HMO was limited to that appropriate for the HMO in its state before the works were executed.
(2) The court may order the person mentioned in sub-paragraph (1)(b) to make such payment or payments to the council as appear to the court to be just and equitable.
(3) But the court may make such an order only if it is satisfied that that person has had proper notice of the application.
Commencement Information
I7Sch. 3 para. 10 in operation at 1.4.2019 by S.R. 2019/39, art. 2 (with art. 3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: