Part 3Selective licensing of other residential accommodation
Enforcement
95Offences in relation to licensing of houses under this Part
F1(1)
If a house is required to be licensed under this Part (see section 85(1)) but is not so licensed, an offence is committed by—
(a)
any person within subsection (1A), and
(b)
any person who as landlord under a tenancy or licensor under a licence to occupy has an estate or interest in, or a right in relation to, the house that is superior (whether directly or indirectly) to the estate, interest or right of any person within subsection (1A).
(1A)
The following are within this subsection—
(a)
any person having control of or managing the house;
(b)
any person who is the landlord or licensor in relation to a person occupying the house under a tenancy or licence.
(2)
A person commits an offence if—
(a)
he is a licence holder or a person on whom restrictions or obligations under a licence are imposed in accordance with section 90(6), and
(b)
he fails to comply with any condition of the licence.
(3)
In proceedings against a person for an offence under subsection (1) it is a defence that, at the material time—
(a)
a notification had been duly given in respect of the house under section 62(1) or 86(1), or
(b)
an application for a licence had been duly made in respect of the house under section 87,
and that notification or application was still effective (see subsection (7)).
F2(3A)
In proceedings against a person for an offence under subsection (1)(a) it is a defence for them to prove that they had a reasonable excuse—
(a)
for having control of or managing the house, or
(b)
for being the landlord or licensor in relation to a person occupying the house under a tenancy or licence,
in circumstances in which the house was required to be licensed under this Part but was not so licensed.
(3B)
In proceedings against a person for an offence under subsection (1)(b) it is a defence for them to prove that they—
(a)
did not know, and had a reasonable excuse for not knowing, that the house was one to which this Part applies,
(b)
took all reasonably practicable steps to ensure that the house was licensed under this Part, or
(c)
had some other reasonable excuse for failing to ensure that the house was so licensed.
(3C)
For the purposes of subsection (3B), a term in the tenancy agreement or licence to occupy relating to the occupation of the house does not on its own constitute a defence under any of paragraphs (a) to (c) of that subsection.
(4)
(5)
A person who commits an offence under subsection (1) is liable on summary conviction to F5a fine.
(6)
A person who commits an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
F6(6A)
See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).
(6B)
If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.
(7)
For the purposes of subsection (3) a notification or application is “effective” at a particular time if at that time it has not been withdrawn, and either—
(a)
the authority have not decided whether to serve a temporary exemption notice, or (as the case may be) grant a licence, in pursuance of the notification or application, or
(b)
if they have decided not to do so, one of the conditions set out in subsection (8) is met.
(8)
The conditions are—
(a)
that the period for appealing against the decision of the authority not to serve or grant such a notice or licence (or against any relevant decision of F7the appropriate tribunal) has not expired, or
(b)
that an appeal has been brought against the authority’s decision (or against any relevant decision of such a tribunal) and the appeal has not been determined or withdrawn.
(9)
In subsection (8) “relevant decision” means a decision which is given on an appeal to the tribunal and confirms the authority’s decision (with or without variation).