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Housing Act 2004

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Housing conditions

    1. Chapter 1 Enforcement of housing standards: general

      1. New system for assessing housing conditions

        1. 1.New system for assessing housing conditions and enforcing housing standards

        2. 2.Meaning of “category 1 hazard” and “category 2 hazard”

      2. Procedure for assessing housing conditions

        1. 3.Local housing authorities to review housing conditions in their districts

        2. 4.Inspections by local housing authorities to see whether category 1 or 2 hazards exist

      3. Enforcement of housing standards

        1. 5.Category 1 hazards: general duty to take enforcement action

        2. 6.Category 1 hazards: how duty under section 5 operates in certain cases

        3. 7.Category 2 hazards: powers to take enforcement action

        4. 8.Reasons for decision to take enforcement action

        5. 9.Guidance about inspections and enforcement action

        6. 10.Consultation with fire and rescue authorities in certain cases

    2. Chapter 2 Improvement notices, prohibition orders and hazard awareness notices

      1. Improvement notices

        1. 11.Improvement notices relating to category 1 hazards: duty of authority to serve notice

        2. 12.Improvement notices relating to category 2 hazards: power of authority to serve notice

        3. 13.Contents of improvement notices

        4. 14.Suspension of improvement notices

        5. 15.Operation of improvement notices

        6. 16.Revocation and variation of improvement notices

        7. 17.Review of suspended improvement notices

        8. 18.Service of improvement notices etc. and related appeals

        9. 19.Change in person liable to comply with improvement notice

      2. Prohibition orders

        1. 20.Prohibition orders relating to category 1 hazards: duty of authority to make order

        2. 21.Prohibition orders relating to category 2 hazards: power of authority to make order

        3. 22.Contents of prohibition orders

        4. 23.Suspension of prohibition orders

        5. 24.Operation of prohibition orders

        6. 25.Revocation and variation of prohibition orders

        7. 26.Review of suspended prohibition orders

        8. 27.Service of copies of prohibition orders etc. and related appeals

      3. Hazard awareness notices

        1. 28.Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice

        2. 29.Hazard awareness notices relating to category 2 hazards: power of authority to serve notice

      4. Enforcement: improvement notices

        1. 30.Offence of failing to comply with improvement notice

        2. 31.Enforcement action by local housing authorities

      5. Enforcement: prohibition orders

        1. 32.Offence of failing to comply with prohibition order etc.

        2. 33.Recovery of possession of premises in order to comply with order

        3. 34.Power of tribunal to determine or vary lease

      6. Enforcement: improvement notices and prohibition orders

        1. 35.Power of court to order occupier or owner to allow action to be taken on premises

        2. 36.Power of court to authorise action by one owner on behalf of another

      7. Supplementary provisions

        1. 37.Effect of improvement notices and prohibition orders as local land charges

        2. 38.Savings for rights arising from breach of covenant etc.

        3. 39.Effect of Part 4 enforcement action and redevelopment proposals

    3. Chapter 3 Emergency measures

      1. Emergency remedial action

        1. 40.Emergency remedial action

        2. 41.Notice of emergency remedial action

        3. 42.Recovery of expenses of taking emergency remedial action

      2. Emergency prohibition orders

        1. 43.Emergency prohibition orders

        2. 44.Contents of emergency prohibition orders

      3. Appeals

        1. 45.Appeals relating to emergency measures

    4. Chapter 4 Demolition orders and slum clearance declarations

      1. Demolition orders

        1. 46.Demolition orders

      2. Slum clearance declarations

        1. 47.Clearance areas

      3. Appeals

        1. 48.Transfer of jurisdiction in respect of appeals relating to demolition orders etc.

    5. Chapter 5 General and miscellaneous provisions relating to enforcement action

      1. Recovery of expenses relating to enforcement action

        1. 49.Power to charge for certain enforcement action

        2. 50.Recovery of charge under section 49

      2. Repeals

        1. 51.Repeal of power to improve existing enforcement procedures

        2. 52.Repeal of provisions relating to demolition of obstructive buildings

        3. 53.Miscellaneous repeals etc. in relation to fire hazards

      3. Index

        1. 54.Index of defined expressions: Part 1

  3. Part 2 Licensing of houses in multiple occupation

    1. Introductory

      1. 55.Licensing of HMOs to which this Part applies

    2. Designation of additional licensing areas

      1. 56.Designation of areas subject to additional licensing

      2. 57.Designations under section 56: further considerations

      3. 58.Designation needs confirmation or general approval to be effective

      4. 59.Notification requirements relating to designations

      5. 60.Duration, review and revocation of designations

    3. HMOs required to be licensed

      1. 61.Requirement for HMOs to be licensed

      2. 62.Temporary exemption from licensing requirement

    4. Grant or refusal of licences

      1. 63.Applications for licences

      2. 64.Grant or refusal of licence

      3. 65.Tests as to suitability for multiple occupation

      4. 66.Tests for fitness etc. and satisfactory management arrangements

      5. 67.Licence conditions

      6. 68.Licences: general requirements and duration

    5. Variation and revocation of licences

      1. 69.Variation of licences

      2. 70.Revocation of licences

    6. Procedure and appeals

      1. 71.Procedural requirements and appeals against licence decisions

    7. Enforcement

      1. 72.Offences in relation to licensing of HMOs

      2. 73.Other consequences of operating unlicensed HMOs: rent repayment orders

      3. 74.Further provisions about rent repayment orders

      4. 75.Other consequences of operating unlicensed HMOs: restriction on terminating tenancies

    8. Supplementary provisions

      1. 76.Transitional arrangements relating to introduction and termination of licensing

      2. 77.Meaning of “HMO”

      3. 78.Index of defined expressions: Part 2

  4. Part 3 Selective licensing of other residential accommodation

    1. Introductory

      1. 79.Licensing of houses to which this Part applies

    2. Designation of selective licensing areas

      1. 80.Designation of selective licensing areas

      2. 81.Designations under section 80: further considerations

      3. 82.Designation needs confirmation or general approval to be effective

      4. 83.Notification requirements relating to designations

      5. 84.Duration, review and revocation of designations

    3. Houses required to be licensed

      1. 85.Requirement for Part 3 houses to be licensed

      2. 86.Temporary exemption from licensing requirement

    4. Grant or refusal of licences

      1. 87.Applications for licences

      2. 88.Grant or refusal of licence

      3. 89.Tests for fitness etc. and satisfactory management arrangements

      4. 90.Licence conditions

      5. 91.Licences: general requirements and duration

    5. Variation and revocation of licences

      1. 92.Variation of licences

      2. 93.Revocation of licences

    6. Procedure and appeals

      1. 94.Procedural requirements and appeals against licence decisions

    7. Enforcement

      1. 95.Offences in relation to licensing of houses under this Part

      2. 96.Other consequences of operating unlicensed houses: rent repayment orders

      3. 97.Further provisions about rent repayment orders

      4. 98.Other consequences of operating unlicensed houses: restriction on terminating tenancies

    8. Supplementary provisions

      1. 99.Meaning of “house” etc.

      2. 100.Index of defined expressions: Part 3

  5. Part 4 Additional control provisions in relation to residential accommodation

    1. Chapter 1 Interim and final management orders

      1. Introductory

        1. 101.Interim and final management orders: introductory

      2. Interim management orders: making and operation of orders

        1. 102.Making of interim management orders

        2. 103.Special interim management orders

        3. 104.The health and safety condition

        4. 105.Operation of interim management orders

        5. 106.Local housing authority’s duties once interim management order in force

        6. 107.General effect of interim management orders

        7. 108.General effect of interim management orders: leases and licences granted by authority

        8. 109.General effect of interim management orders: immediate landlords, mortgagees etc.

        9. 110.Financial arrangements while order is in force

      3. Interim management orders: variation and revocation

        1. 111.Variation of interim management orders

        2. 112.Revocation of interim management orders

      4. Final management orders: making and operation of orders

        1. 113.Making of final management orders

        2. 114.Operation of final management orders

        3. 115.Local housing authority’s duties once final management order in force

        4. 116.General effect of final management orders

        5. 117.General effect of final management orders: leases and licences granted by authority

        6. 118.General effect of final management orders: immediate landlords, mortgagees etc.

        7. 119.Management schemes and accounts

        8. 120.Enforcement of management scheme by relevant landlord

      5. Final management orders: variation and revocation

        1. 121.Variation of final management orders

        2. 122.Revocation of final management orders

      6. Interim and final management orders: procedure and appeals

        1. 123.Procedural requirements and appeals

      7. Interim and final management orders: other general provisions

        1. 124.Effect of management orders: occupiers

        2. 125.Effect of management orders: agreements and legal proceedings

        3. 126.Effect of management orders: furniture

        4. 127.Management orders: power to supply furniture

        5. 128.Compensation payable to third parties

        6. 129.Termination of management orders: financial arrangements

        7. 130.Termination of management orders: leases, agreements and proceedings

        8. 131.Management orders: power of entry to carry out work

    2. Chapter 2 Interim and final empty dwelling management orders

      1. Introductory

        1. 132.Empty dwelling management orders: introductory

      2. Interim empty dwelling management orders

        1. 133.Making of interim EDMOs

        2. 134.Authorisation to make interim EDMOs

        3. 135.Local housing authority’s duties once interim EDMO in force

      3. Final empty dwelling management orders

        1. 136.Making of final EDMOs

        2. 137.Local housing authority’s duties once final EDMO in force

      4. Compensation

        1. 138.Compensation payable to third parties

    3. Chapter 3 Overcrowding notices

      1. 139.Service of overcrowding notices

      2. 140.Contents of overcrowding notices

      3. 141.Requirement as to overcrowding generally

      4. 142.Requirement as to new residents

      5. 143.Appeals against overcrowding notices

      6. 144.Revocation and variation of overcrowding notices

    4. Chapter 4 Supplementary provisions

      1. 145.Supplementary provisions

      2. 146.Interpretation and modification of this Part

      3. 147.Index of defined expressions: Part 4

  6. Part 5 Home information packs

    1. Preliminary

      1. 148.Meaning of “residential property” and “home information pack”

      2. 149.Meaning of “on the market” and related expressions

      3. 150.Acting as estate agent

    2. Responsibility for marketing residential properties

      1. 151.Responsibility for marketing: general

      2. 152.Responsibility of person acting as estate agent

      3. 153.Responsibility of the seller

    3. Duties of a responsible person where a property is on the market

      1. 154.Application of sections 155 to 158

      2. 155.Duty to have a home information pack

      3. 156.Duty to provide copy of home information pack on request

      4. 157.Section 156 (1) duty: imposition of conditions

      5. 158.Duty to ensure authenticity of documents in other situations

    4. Other duties of person acting as estate agent

      1. 159.Other duties of person acting as estate agent

    5. Exceptions from the duties

      1. 160.Residential properties not available with vacant possession

      2. 161.Power to provide for further exceptions

      3. 162.Suspension of duties under sections 155 to 159

    6. Contents of home information packs

      1. 163.Contents of home information packs

      2. 164.Home condition reports

    7. Register of home condition reports

      1. 165.Register of home condition reports

    8. Enforcement

      1. 166.Enforcement authorities

      2. 167.Power to require production of home information packs

      3. 168.Penalty charge notices

      4. 169.Offences relating to enforcement officers

      5. 170.Right of private action

    9. Supplementary

      1. 171.Application of Part to sub-divided buildings

      2. 172.Power to require estate agents to belong to a redress scheme

      3. 173.Approval of redress schemes

      4. 174.Withdrawal of approval of redress schemes

      5. 175.Office of Fair Trading

      6. 176.Grants

      7. 177.Interpretation of Part 5

      8. 178.Index of defined expressions: Part 5

  7. Part 6 Other provisions about housing

    1. Chapter 1 Secure tenancies

      1. Introductory tenancies

        1. 179.Extension of introductory tenancies

      2. Right to buy: when exercisable

        1. 180.Extension of qualifying period for right to buy

        2. 181.Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies

        3. 182.Exceptions to the right to buy: houses due to be demolished

        4. 183.Right to buy: claim suspended or terminated by demolition notice

        5. 184.Landlord’s notice to complete

      3. Right to buy: discounts

        1. 185.Repayment of discount: periods and amounts applicable

        2. 186.Repayment of discount: increase attributable to home improvements to be disregarded

        3. 187.Deferred resale agreements

      4. Right to buy: landlord’s right of first refusal

        1. 188.Right of first refusal for landlord etc.

      5. Right to buy: information

        1. 189.Information to help tenants decide whether to exercise right to buy etc.

      6. Right to buy: termination of rent to mortgage scheme

        1. 190.Termination of rent to mortgage scheme

      7. Suspension of certain rights in connection with anti-social behaviour

        1. 191.Secure tenancies: withholding of consent to mutual exchange

        2. 192.Right to buy: suspension by court order

        3. 193.Right to buy: suspension of landlord’s obligation to complete

        4. 194.Disclosure of information as to orders etc. in respect of anti-social behaviour

    2. Chapter 2 Disposals attracting discounts other than under right to buy

      1. Disposals by local authorities

        1. 195.Repayment of discount: periods and amounts applicable

        2. 196.Repayment of discount: increase attributable to home improvements to be disregarded

        3. 197.Local authority’s right of first refusal

        4. 198.Deferred resale agreements

      2. Disposals by registered social landlords

        1. 199.Repayment of discount: periods and amounts payable

        2. 200.Registered social landlord’s right of first refusal

        3. 201.Deferred resale agreements

        4. 202.Right of assured tenant to acquire dwelling not affected by collective enfranchisement

      3. Disposals by housing action trusts

        1. 203.Repayment of discount: periods and amounts payable

        2. 204.Housing action trust’s right of first refusal

        3. 205.Deferred resale agreements

    3. Chapter 3 Mobile Homes

      1. Site agreements

        1. 206.Particulars of site agreements to be given in advance

        2. 207.Implied terms relating to termination of agreements or disposal of mobile homes

        3. 208.Power to amend terms implied in site agreements

      2. Protection from eviction etc.

        1. 209.Protected sites to include sites for gypsies

        2. 210.Extension of protection from harassment for occupiers of mobile homes

        3. 211.Suspension of eviction orders

    4. Chapter 4 Tenancy deposit schemes

      1. 212.Tenancy deposit schemes

      2. 213.Requirements relating to tenancy deposits

      3. 214.Proceedings relating to tenancy deposits

      4. 215.Sanctions for non-compliance

    5. Chapter 5 Miscellaneous

      1. Overcrowding

        1. 216.Overcrowding

      2. Energy efficiency

        1. 217.Energy efficiency of residential accommodation: England

      3. Registered social landlords

        1. 218.Amendments relating to registered social landlords

        2. 219.Disclosure of information to registered social landlords for the purposes of section 1 of the Crime and Disorder Act 1998

      4. Other provisions relating to social housing

        1. 220.Additional power to give grants for social housing

        2. 221.Extension of right to acquire

        3. 222.Rights of pre-emption in connection with assured tenancies

        4. 223.Allocation of housing accommodation by local authorities

      5. Disabled facilities grant

        1. 224.Disabled facilities grant: caravans

      6. Accommodation needs of gypsies and travellers

        1. 225.Duties of local housing authorities: accommodation needs of gypsies and travellers

        2. 226.Guidance in relation to section 225

      7. Annual reports by local housing authorities

        1. 227.Removal of duty on local housing authorities to send annual reports to tenants etc.

      8. Social Housing Ombudsman for Wales

        1. 228.Social Housing Ombudsman for Wales

  8. Part 7 Supplementary and final provisions

    1. Residential property tribunals

      1. 229.Residential property tribunals

      2. 230.Powers and procedure of residential property tribunals

      3. 231.Appeals from residential property tribunals

    2. Register of licences and management orders

      1. 232.Register of licences and management orders

    3. Codes of practice and management regulations relating to HMOs etc.

      1. 233.Approval of codes of practice with regard to the management of HMOs etc.

      2. 234.Management regulations in respect of HMOs

    4. Information provisions

      1. 235.Power to require documents to be produced

      2. 236.Enforcement of powers to obtain information

      3. 237.Use of information obtained for certain other statutory purposes

      4. 238.False or misleading information

    5. Enforcement

      1. 239.Powers of entry

      2. 240.Warrant to authorise entry

      3. 241.Penalty for obstruction

      4. 242.Additional notice requirements for protection of owners

    6. Authorisations

      1. 243.Authorisations for enforcement purposes etc.

    7. Documents

      1. 244.Power to prescribe forms

      2. 245.Power to dispense with notices

      3. 246.Service of documents

      4. 247.Licences and other documents in electronic form

      5. 248.Timing and location of things done electronically

      6. 249.Proof of designations

    8. Other supplementary provisions

      1. 250.Orders and regulations

      2. 251.Offences by bodies corporate

      3. 252.Power to up-rate level of fines for certain offences

      4. 253.Local inquiries

    9. Meaning of “house in multiple occupation”

      1. 254.Meaning of “house in multiple occupation”

      2. 255.HMO declarations

      3. 256.Revocation of HMO declarations

      4. 257.HMOs: certain converted blocks of flats

      5. 258.HMOs: persons not forming a single household

      6. 259.HMOs: persons treated as occupying premises as only or main residence

      7. 260.HMOs: presumption that sole use condition or significant use condition is met

    10. Other general interpretation provisions

      1. 261.Meaning of “appropriate national authority”, “local housing authority” etc.

      2. 262.Meaning of “lease”, “tenancy”, “occupier” and “owner” etc.

      3. 263.Meaning of “person having control” and “person managing” etc.

      4. 264.Calculation of numbers of persons

    11. Final provisions

      1. 265.Minor and consequential amendments

      2. 266.Repeals

      3. 267.Devolution: Wales

      4. 268.The Isles of Scilly

      5. 269.Expenses

      6. 270.Short title, commencement and extent

  9. SCHEDULES

    1. SCHEDULE 1

      Procedure and appeals relating to improvement notices

      1. Part 1 Service of improvement notices

        1. 1.Service of improvement notices: premises licensed under Part 2 or 3

        2. 2.Service of improvement notices: premises which are neither licensed under Part 2 or 3 nor flats

        3. 3.Service of improvement notices: flats which are not licensed under Part 2 or 3

        4. 4.Service of improvement notices: common parts

        5. 5.Service of copies of improvement notices

      2. Part 2 Service of notices relating to revocation or variation of improvement notices

        1. 6.Notice of revocation or variation

        2. 7.A notice under paragraph 6 must set out—

        3. 8.Notice of refusal to revoke or vary notice

        4. 9.A notice under paragraph 8 must set out—

      3. Part 3 Appeals relating to improvement notices

        1. 10.Appeal against improvement notice

        2. 11.(1) An appeal may be made by a person under...

        3. 12.(1) An appeal may be made by a person under...

        4. 13.Appeal against decision relating to variation or revocation of improvement notice

        5. 14.Time limit for appeal

        6. 15.Powers of residential property tribunal on appeal under paragraph 10

        7. 16.(1) This paragraph applies where the grounds of appeal consist...

        8. 17.(1) This paragraph applies where the grounds of appeal consist...

        9. 18.Powers of residential property tribunal on appeal under paragraph 13

        10. 19.“The operative time” for the purposes of section 15(5)

        11. 20.“The operative time” for the purposes of section 16(7)

    2. SCHEDULE 2

      Procedure and appeals relating to prohibition orders

      1. Part 1 Service of copies of prohibition orders

        1. 1.Service on owners and occupiers of dwelling or HMO which is not a flat

        2. 2.Service on owners and occupiers of building containing flats etc.

      2. Part 2 Service of notices relating to revocation or variation of prohibition orders

        1. 3.Notice of revocation or variation

        2. 4.A notice under paragraph 3 must set out—

        3. 5.Notice of refusal to revoke or vary order

        4. 6.A notice under paragraph 5 must set out—

      3. Part 3 Appeals relating to prohibition orders

        1. 7.Appeal against prohibition order

        2. 8.(1) An appeal may be made by a person under...

        3. 9.Appeal against decision relating to revocation or variation of prohibition order

        4. 10.Time limit for appeal

        5. 11.Powers of residential property tribunal on appeal under paragraph 7

        6. 12.(1) This paragraph applies where the grounds of appeal consist...

        7. 13.Powers of residential property tribunal on appeal under paragraph 9

        8. 14.“The operative time” for the purposes of section 24(5)

        9. 15.“The operative time” for the purposes of section 25(7)

        10. 16.Meaning of “relevant person”

    3. SCHEDULE 3

      Improvement notices: enforcement action by local housing authorities

      1. Part 1 Action taken by agreement

        1. 1.Power to take action by agreement

        2. 2.Expenses of taking action by agreement

      2. Part 2 Power to take action without agreement

        1. 3.Power to take action without agreement

        2. 4.Notice requirements in relation to taking action without agreement

        3. 5.Obstruction of action taken without agreement

        4. 6.Expenses in relation to taking action without agreement

      3. Part 3 Recovery of certain expenses

        1. 7.Introductory

        2. 8.Recovery of expenses

        3. 9.Service of demand

        4. 10.Interest

        5. 11.Appeals

        6. 12.Expenses and interest recoverable from occupiers

        7. 13.Expenses and interest to be a charge on the premises

        8. 14.Recovery of expenses and interest from other persons profiting from taking of action

    4. SCHEDULE 4

      Licences under Parts 2 and 3: mandatory conditions

      1. 1.Conditions to be included in licences under Part 2 or 3

      2. 2.Additional conditions to be included in licences under Part 3

      3. 3.Power to prescribe conditions

      4. 4.Interpretation

    5. SCHEDULE 5

      Licences under Parts 2 and 3: procedure and appeals

      1. Part 1 Procedure relating to grant or refusal of licences

        1. 1.Requirements before grant of licence

        2. 2.The notice under paragraph 1 must state that the authority...

        3. 3.(1) This paragraph applies if, having considered representations made in...

        4. 4.The notice under paragraph 3 must set out—

        5. 5.Requirements before refusal to grant licence

        6. 6.The notice under paragraph 5 must state that the local...

        7. 7.Requirements following grant or refusal of licence

        8. 8.(1) This paragraph applies where the local housing authority refuse...

        9. 9.Exceptions from requirements in relation to grant or refusal of licences

        10. 10.The requirements of paragraph 3 (and those of paragraph 1)...

        11. 11.Paragraphs 5, 6 and 8 do not apply to a...

        12. 12.Meaning of “the end of the consultation period”

        13. 13.Meaning of “licence” and “relevant person”

      2. Part 2 Procedure relating to variation or revocation of licences

        1. 14.Variation of licences

        2. 15.The notice under paragraph 14 must state that the local...

        3. 16.(1) This paragraph applies where the local housing authority decide...

        4. 17.Exceptions from requirements of paragraph 14

        5. 18.The requirements of paragraph 14 do not apply if the...

        6. 19.Refusal to vary a licence

        7. 20.The notice under paragraph 19 must state that the authority...

        8. 21.(1) This paragraph applies where the local housing authority refuse...

        9. 22.Revocation of licences

        10. 23.The notice under paragraph 22 must state that the authority...

        11. 24.(1) This paragraph applies where the local housing authority decide...

        12. 25.Exception from requirements of paragraph 22

        13. 26.Refusal to revoke a licence

        14. 27.The notice under paragraph 26 must state that the authority...

        15. 28.(1) This paragraph applies where the local housing authority refuse...

        16. 29.Meaning of “the end of the consultation period”

        17. 30.Meaning of “licence” and “relevant person”

      3. Part 3 Appeals against licence decisions

        1. 31.Right to appeal against refusal or grant of licence

        2. 32.Right to appeal against decision or refusal to vary or revoke licence

        3. 33.Time limits for appeals

        4. 34.Powers of residential property tribunal hearing appeal

        5. 35.“The operative time” for the purposes of section 69(6), 70(8), 92(3) or 93(5)

        6. 36.Meaning of “licence” and “relevant person”

    6. SCHEDULE 6

      Management orders: procedure and appeals

      1. Part 1 Procedure relating to making of management orders

        1. 1.Requirements before making final management order

        2. 2.The notice under paragraph 1 must state that the authority...

        3. 3.(1) This paragraph applies if, having considered representations made in...

        4. 4.The notice under paragraph 3 must set out—

        5. 5.Exceptions from requirements relating to making of final management order

        6. 6.The requirements of paragraph 3 (and those of paragraph 1)...

        7. 7.Requirements following making of interim or final management order

        8. 8.Meaning of “the end of the consultation period” and “relevant person”

      2. Part 2 Procedure relating to variation or revocation of management orders

        1. 9.Variation of management orders

        2. 10.The notice under paragraph 9 must state that the authority...

        3. 11.(1) This paragraph applies where the local housing authority decide...

        4. 12.Exceptions from requirements of paragraph 9

        5. 13.The requirements of paragraph9 do not apply if the local...

        6. 14.Refusal to vary interim or final management order

        7. 15.The notice under paragraph 14 must state that the authority...

        8. 16.(1) This paragraph applies where the local housing authority refuse...

        9. 17.Revocation of management orders

        10. 18.The notice under paragraph 17 must state that the authority...

        11. 19.(1) This paragraph applies where the local housing authority decide...

        12. 20.Refusal to revoke management order

        13. 21.The notice under paragraph 20 must state that the authority...

        14. 22.(1) This paragraph applies where the local housing authority refuse...

        15. 23.Meaning of “the end of the consultation period” and “relevant person”

      3. Part 3 Appeals against decisions relating to management orders

        1. 24.Right to appeal against making of order etc.

        2. 25.Time limits for appeals under paragraph 24

        3. 26.Powers of residential property tribunal on appeal under paragraph 24

        4. 27.“The operative time” for the purposes of section 114(2)

        5. 28.Right to appeal against decision or refusal to vary or revoke interim management order

        6. 29.Time limits for appeals under paragraph 28

        7. 30.Powers of residential property tribunal on appeal under paragraph 28

        8. 31.“The operative time” for the purposes of section 111(2), 112(2), 121(2) or 122(2)

        9. 32.Right to appeal against decision in respect of compensation payable to third parties

        10. 33.Time limits for appeals under paragraph 32

        11. 34.Powers of residential property tribunal on appeal under paragraph 32

        12. 35.Meaning of “relevant person”

    7. SCHEDULE 7

      Further provisions regarding empty dwelling management orders

      1. Part 1 Interim EDMOs

        1. 1.Operation of interim EDMOs

        2. 2.General effect of interim EDMOs

        3. 3.General effect of interim EDMOs: leases and licences granted by authority

        4. 4.General effect of interim EDMOs: relevant proprietor, mortgagees etc.

        5. 5.Financial arrangements while order is in force

        6. 6.Variation or revocation of interim EDMOs

        7. 7.(1) The local housing authority may revoke an interim EDMO...

        8. 8.(1) Part 2 of Schedule 6 applies in relation to...

      2. Part 2 Final EDMOs

        1. 9.Operation of final EDMOs

        2. 10.General effect of final EDMOs

        3. 11.General effect of final EDMOs: leases and licences granted by authority

        4. 12.General effect of final EDMOs: relevant proprietor, mortgagees etc.

        5. 13.Management scheme and accounts

        6. 14.Application to residential property tribunal in respect of breach of management scheme

        7. 15.Variation or revocation of final EDMOs

        8. 16.(1) The local housing authority may revoke a final EDMO...

        9. 17.(1) Part 2 of Schedule 6 applies in relation to...

      3. Part 3 Interim and final EDMOs: general provisions (other than provisions relating to appeals)

        1. 18.Effect of EDMOs: persons occupying or having a right to occupy the dwelling

        2. 19.Effect of EDMOs: agreements and legal proceedings

        3. 20.Effect of EDMOs: furniture

        4. 21.EDMOs: power to supply furniture

        5. 22.Power of a residential property tribunal to determine certain leases and licences

        6. 23.Termination of EDMOs: financial arrangements

        7. 24.Termination of EDMOs: leases, agreements and proceedings

        8. 25.EDMOs: power of entry to carry out work

      4. Part 4 Appeals

        1. 26.Appeals: decisions relating to EDMOs

        2. 27.Appeals: time limits for appeals under paragraph 26

        3. 28.Appeals: powers of residential property tribunal on appeal under paragraph 26

        4. 29.“The operative time” for the purposes of paragraph 9(2)

        5. 30.Right to appeal against decision or refusal to vary or revoke EDMO

        6. 31.Time limits for appeals under paragraph 30

        7. 32.Powers of residential property tribunal on appeal under paragraph 30

        8. 33.“The operative time” for the purposes of paragraphs 6, 7, 15 and 16

        9. 34.Right to appeal against decision in respect of compensation payable to third parties

        10. 35.Time limits for appeals under paragraph 34

        11. 36.Powers of residential property tribunal on appeal under paragraph 34

        12. 37.Meaning of “relevant person” for the purposes of this Part

    8. SCHEDULE 8

      Penalty charge notices under section 168

      1. 1.A penalty charge notice given to a person under section...

      2. 2.The penalty charge specified in the notice shall be of...

      3. 3.(1) The period specified under paragraph 1(c) must not be...

      4. 4.The enforcement authority may, if they consider that the penalty...

      5. 5.(1) If, within the period specified under paragraph 1(c) (or...

      6. 6.(1) If after a review the penalty charge notice is...

      7. 7.If the penalty charge notice is withdrawn or quashed, the...

      8. 8.(1) The amount of the penalty charge is recoverable from...

      9. 9.In proceedings for the recovery of the penalty charge, a...

      10. 10.(1) A penalty charge notice and any other notice mentioned...

      11. 11.The Secretary of State may by regulations make provision supplementary...

    9. SCHEDULE 9

      New Schedule 5A to the Housing Act 1985: initial demolition notices

    10. SCHEDULE 10

      Provisions relating to tenancy deposit schemes

      1. 1.Schemes to be custodial schemes or insurance schemes

      2. 2.Provisions applying to custodial and insurance schemes

      3. 3.Custodial schemes: general

      4. 4.Custodial schemes: termination of tenancies

      5. 5.Insurance schemes: general

      6. 6.Insurance schemes: termination of tenancies

      7. 7.(1) The designated account held by the scheme administrator must...

      8. 8.(1) The scheme must make provision for preventing double recovery...

      9. 9.Notifications to tenants

      10. 10.Dispute resolution procedures

      11. 11.Power to amend

      12. 12.Interpretation

    11. SCHEDULE 11

      Registered social landlords

      1. 1.Housing Associations Act 1985 (c. 69)

      2. 2.Housing Act 1988 (c. 50)

      3. 3.In section 50(2) (housing association grants) omit the words from...

      4. 4.In section 52(2) (recovery etc. of grants) omit the words...

      5. 5.Omit section 55 (surplus rental income).

      6. 6.In section 59(1A) (interpretation) for “55” substitute “54”.

      7. 7.Housing Act 1996 (c. 52)

      8. 8.In section 18(2) (social housing grants) omit the words from...

      9. 9.In section 20(3) (purchase grant where right to acquire exercised)...

      10. 10.In section 21(3) (purchase grant in respect of other disposals)...

      11. 11.In section 28 (grants under sections 50 to 55 of...

      12. 12.(1) In section 31(2) (offence of intentionally altering etc. document...

      13. 13.(1) Section 36 (issue of guidance by the Relevant Authority)...

      14. 14.In paragraph 1(2) of Schedule 1 (payments by way of...

      15. 15.(1) Paragraph 15 of Schedule 1 (transfer of net assets...

      16. 16.After paragraph 15 insert— Transfer of net assets on termination...

      17. 17.(1) Paragraph 16 of Schedule 1 (general requirements as to...

      18. 18.After paragraph 16 of Schedule 1 insert— Companies exempt from...

      19. 19.For paragraph 17 of Schedule 1 (appointment of auditors by...

      20. 20.(1) Paragraph 18 of Schedule 1 (accounting and audit requirements...

      21. 21.After paragraph 18 of Schedule 1 insert— Charities exempt from...

      22. 22.(1) Paragraph 19 of Schedule 1 (responsibility for securing compliance...

      23. 23.After paragraph 19 of Schedule 1 insert— Disclosure of information...

      24. 24.(1) Paragraph 20 of Schedule 1 (inquiry into affairs of...

      25. 25.After paragraph 20 of Schedule 1 insert— Evidence (1) For the purposes of an inquiry the person or...

      26. 26.(1) Paragraph 21 of Schedule 1 (power of appointed person...

    12. SCHEDULE 12

      New Schedule 2A to the Housing Act 1996

    13. SCHEDULE 13

      Residential property tribunals: procedure

      1. 1.Procedure regulations

      2. 2.Appeals

      3. 3.Transfers

      4. 4.Parties etc.

      5. 5.Information

      6. 6.Pre-trial reviews etc.

      7. 7.Interim orders

      8. 8.Additional relief

      9. 9.Dismissal

      10. 10.Determination without hearing

      11. 11.Fees

      12. 12.Costs

      13. 13.Enforcement

    14. SCHEDULE 14

      Buildings which are not HMOs for purposes of this Act (excluding Part 1)

      1. 1.Introduction: buildings (or parts) which are not HMOs for purposes of this Act (excludingPart 1)

      2. 2.Buildings controlled or managed by public sector bodies etc.

      3. 3.Buildings regulated otherwise than under this Act

      4. 4.Buildings occupied by students

      5. 5.Buildings occupied by religious communities

      6. 6.Buildings occupied by owners

      7. 7.Buildings occupied by two persons

    15. SCHEDULE 15

      Minor and consequential amendments

      1. 1.Parliamentary Commissioner Act 1967 (c. 13)

      2. 2.Land Compensation Act 1973 (c. 26)

      3. 3.(1) Section 29 (right to home loss payment where person...

      4. 4.(1) Section 33D (loss payments: exclusions) is amended as follows....

      5. 5.(1) Section 37 (disturbance payments for persons with compensatable interests)...

      6. 6.(1) Section 39 (duty to rehouse residential occupiers) is amended...

      7. 7.Local Government Act 1974 (c. 7)

      8. 8.Greater London Council (General Powers) Act 1981 (c. xvii)

      9. 9.Mobile Homes Act 1983 (c. 34)

      10. 10.Housing Act 1985 (c. 68)

      11. 11.In section 8(2) (periodical review of housing needs) for “section...

      12. 12.For section 252(c) (definition of “house in multiple occupation” for...

      13. 13.For section 268 (service of notice of demolition and closing...

      14. 14.In section 269(1) (right of appeal against demolition or closing...

      15. 15.After section 269 insert— Appeals suggesting certain other courses of...

      16. 16.In section 274 (demolition orders: power to permit reconstruction of...

      17. 17.After section 274 insert— Effect of certain enforcement action under...

      18. 18.For section 275 (demolition orders: substitution of closing orders) substitute—...

      19. 19.(1) Section 289 (declaration of clearance area) is amended as...

      20. 20.For section 300 (purchase of houses liable to be demolished...

      21. 21.For section 304 (closing orders in relation to listed buildings)...

      22. 22.In section 307(1) (saving for rights arising from breach of...

      23. 23.In section 308(3) (approval of owner’s proposals for re-development)—

      24. 24.Omit section 310 (certificate of fitness for human habitation resulting...

      25. 25.In section 318(1)(a) (power of court to authorise execution of...

      26. 26.For section 322 substitute— Minor definitions (1) In this Part the following expressions have the same...

      27. 27.In section 323 (index of defined expressions: Part 9) insert...

      28. 28.In section 439 (requirements as to fitness of premises before...

      29. 29.In section 582 (compulsory purchase orders: restriction on recovery of...

      30. 30.For section 584A (compensation payable in case of closing and...

      31. 31.For section 584B (repayment on revocation of demolition or closing...

      32. 32.Landlord and Tenant Act 1985 (c. 70)

      33. 33.Housing Act 1988 (c. 50)

      34. 34.Local Government and Housing Act 1989 (c. 42)

      35. 35.In section 195(2) of that Act (short title, commencement and...

      36. 36.Water Industry Act 1991 (c. 56)

      37. 37.Health Service Commissioners Act 1993 (c. 46)

      38. 38.Home Energy Conservation Act 1995 (c. 10)

      39. 39.Gas Act 1995 (c. 45)

      40. 40.Housing Act 1996 (c. 52)

      41. 41.In section 52(1) (general provisions as to orders) after “17,”...

      42. 42.In section 54 (determinations requiring approval), at the end of...

      43. 43.In section 210 (homelessness: suitability of accommodation)—

      44. 44.Housing Grants, Construction and Regeneration Act 1996 (c. 53)

      45. 45.Government of Wales Act 1998 (c. 38)

      46. 46.Freedom of Information Act 2000 (c. 36)

      47. 47.Local Government Act 2003 (c. 26)

    16. SCHEDULE 16

      Repeals

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