Part 2

Licensing of houses in multiple occupation

Designation of additional licensing areas

Designation of areas subject to additional licensing
56
1
A local housing authority may designate either—
a
the area of their district, or
b
an area in their district,
as subject to additional licensing in relation to a description of HMOs specified in the designation, if the requirements of this section are met.
2
The authority must consider that a significant proportion of the HMOs of that description in the area are being managed sufficiently ineffectively as to give rise, or to be likely to give rise, to one or more particular problems either for those occupying the HMOs or for members of the public.
3
Before making a designation the authority must—
a
take reasonable steps to consult persons who are likely to be affected by the designation; and
b
consider any representations made in accordance with the consultation and not withdrawn.
4
The power to make a designation under this section may be exercised in such a way that this Part applies to all HMOs in the area in question.
5
In forming an opinion as to the matter mentioned in subsection (2), the authority must have regard to any information regarding the extent to which any codes of practice approved under section 233 have been complied with by persons managing HMOs in the area in question.
6
Section 57 applies for the purposes of this section.
S. 56 wholly in force at 25.11.2005; s. 56 not in force at Royal Assent see s. 270(4)(5); s. 56 in force for E. at 15.6.2005 by S.I. 2005/1451, art. 3(b); s. 56 in force for W. at 25.11.2005 by S.I. 2005/3237, art. 2(c)
Pt. 2 modified (E.) (1.10.2007) by The Houses in Multiple Occupation (Certain Blocks of Flats) (Modifications to the Housing Act 2004 and Transitional Provisions for section 257 HMOs) (England) Regulations 2007 (S.I. 2007/1904), regs. 2-10
Pt. 2 modified (W.) (5.12.2007) by The Houses in Multiple Occupation (Certain Blocks of Flats) (Modifications to the Housing Act 2004 and Transitional Provisions for section 257 HMOs) (Wales) Regulations 2007 (S.I. 2007/3231), regs. 2-10