SCHEDULES

SCHEDULE 4Licences under Parts 2 and 3: mandatory conditions

Sections 67 and 90

Conditions to be included in licences under Part 2 or 3

I11

1

A licence under Part 2 or 3 must include the following conditions.

2

Conditions requiring the licence holder, if gas is supplied to the house, to produce to the local housing authority annually for their inspection a gas safety certificate obtained in respect of the house within the last 12 months.

3

Conditions requiring the licence holder—

a

to keep electrical appliances and furniture made available by him in the house in a safe condition;

b

to supply the authority, on demand, with a declaration by him as to the safety of such appliances and furniture.

4

Conditions requiring the licence holder—

F3za

where the house is in England—

i

to ensure that a smoke alarm is installed on each storey of the house on which there is a room used wholly or partly as living accommodation, and

ii

to keep each such alarm in proper working order;

a

F4where the house is in Wales, to ensure that smoke alarms are installed in the house and to keep them in proper working order;

b

F5in either case, to supply the authority, on demand, with a declaration by him as to the condition and positioning of such alarms.

F14A

Where the house is in England, conditions requiring the licence holder—

a

to ensure that a carbon monoxide alarm is installed in any room in the house which is used wholly or partly as living accommodation and contains a solid fuel burning combustion appliance;

b

to keep any such alarm in proper working order; and

c

to supply the authority, on demand, with a declaration by him as to the condition and positioning of any such alarm.

5

Conditions requiring the licence holder to supply to the occupiers of the house a written statement of the terms on which they occupy it.

F26

In sub-paragraph (4A) “room” includes a hall or landing.

7

For the purposes of sub-paragraphs (4) and (4A), a bathroom or lavatory is to be treated as a room used as living accommodation.

Additional conditions to be included in licences under Part 3

I22

A licence under Part 3 must include conditions requiring the licence holder to demand references from persons who wish to occupy the house.

Annotations:
Commencement Information
I2

Sch. 4 para. 2 wholly in force at 16.6.2006; Sch. 4 para. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 4 para. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 4 para. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

Power to prescribe conditions

I33

The appropriate national authority may by regulations amend this Schedule so as to alter (by the addition or removal of conditions) the conditions which must be included—

a

in a licence under Part 2 or 3, or

b

only in a licence under one of those Parts.

Annotations:
Commencement Information
I3

Sch. 4 para. 3 wholly in force at 16.6.2006; Sch. 4 para. 3 in force for certain purposes at Royal Assent see s. 270(2)(b); Sch. 4 para. 3 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 4 para. 3 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)

Interpretation

I44

In this Schedule “the house” means the HMO or Part 3 house in respect of which the licence is granted.