Part 3

Selective licensing of other residential accommodation

Enforcement

Offences in relation to licensing of houses under this Part
95
1
A person commits an offence if he is a person having control of or managing a house which is required to be licensed under this Part (see section 85(1)) but is not so licensed.
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)).
4
In proceedings against a person for an offence under subsection (1) or (2) it is a defence that he had a reasonable excuse—
a
for having control of or managing the house in the circumstances mentioned in subsection (1), or
b
for failing to comply with the condition,
as the case may be.
5
A person who commits an offence under subsection (1) is liable on summary conviction to a 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.
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of subsection (3) a notification or application is “effective” at a particular time if at that time it has not been withdrawn, and either—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 the 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).
S. 95 wholly in force at 16.6.2006; s. 95 not in force at Royal Assent see s. 270(4)(5); s. 95(2)(4)(6) in force for E. at 6.4.2006 and s. 95 in force for E. in so far as not already in force at 6.7.2006 by S.I. 2006/1060, art. 2(1)(c)(2)(b) (with Sch.); s. 95 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
Words in s. 95(8)(a) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 157 (with Sch. 3)
Words in s. 95(5) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 37(3) (with reg. 5(1))
S. 95(6A)(6B) inserted (6.4.2017) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 9 para. 4; S.I. 2017/281, reg. 4(f)