Housing Act 2004 - Legislation.gov.uk

1 Housing Act 2004 CHAPTER 34 CONTENTSPART 1 Housing CONDITIONSCHAPTER 1 enforcement OF Housing STANDARDS: GENERALNew system for assessing Housing conditions1 New system for assessing Housing conditions and enforcing housingstandards2 Meaning of category 1 hazard and category 2 hazard Procedure for assessing Housing conditions3 Local Housing authorities to review Housing conditions in their districts4 Inspections by local Housing authorities to see whether category 1 or 2hazards existEnforcement of Housing standards5 Category 1 hazards: general duty to take enforcement action6 Category 1 hazards: how duty under section 5 operates in certain cases7 Category 2 hazards: powers to take enforcement action8 Reasons for decision to take enforcement action9 Guidance about inspections and enforcement action10 Consultation with fire and rescue authorities in certain casesHousing Act 2004 (c.)

2 34)iiCHAPTER 2 IMPROVEMENT NOTICES, PROHIBITION ORDERS AND HAZARD AWARENESS NOTICESI mprovement notices11 Improvement notices relating to category 1 hazards: duty of authority toserve notice12 Improvement notices relating to category 2 hazards: power of authority toserve notice13 Contents of improvement notices14 Suspension of improvement notices15 Operation of improvement notices16 Revocation and variation of improvement notices17 Review of suspended improvement notices18 Service of improvement notices etc. and related appeals19 Change in person liable to comply with improvement noticeProhibition orders20 Prohibition orders relating to category 1 hazards: duty of authority to makeorder21 Prohibition orders relating to category 2 hazards: power of authority to makeorder22 Contents of prohibition orders23 Suspension of prohibition orders24 Operation of prohibition orders25 Revocation and variation of prohibition orders26 Review of suspended prohibition orders27 Service of copies of prohibition orders etc.

3 And related appealsHazard awareness notices28 Hazard awareness notices relating to category 1 hazards: duty of authority toserve notice29 Hazard awareness notices relating to category 2 hazards: power of authorityto serve noticeEnforcement: improvement notices30 Offence of failing to comply with improvement notice31 enforcement action by local Housing authoritiesEnforcement: prohibition orders32 Offence of failing to comply with prohibition order of possession of premises in order to comply with order34 Power of tribunal to determine or vary leaseEnforcement: improvement notices and prohibition orders35 Power of court to order occupier or owner to allow action to be taken onpremises36 Power of court to authorise action by one owner on behalf of anotherHousing Act 2004 (c.)

4 34)iiiSupplementary provisions37 Effect of improvement notices and prohibition orders as local land charges38 Savings for rights arising from breach of covenant of Part 4 enforcement action and redevelopment proposalsCHAPTER 3 EMERGENCY MEASURESE mergency remedial action40 Emergency remedial action41 Notice of emergency remedial action42 Recovery of expenses of taking emergency remedial actionEmergency prohibition orders43 Emergency prohibition orders44 Contents of emergency prohibition ordersAppeals45 Appeals relating to emergency measuresCHAPTER 4 DEMOLITION ORDERS AND SLUM CLEARANCE DECLARATIONSD emolition orders46 Demolition ordersSlum clearance declarations47 Clearance areasAppeals48 Transfer of jurisdiction in respect of appeals relating to demolition orders 5 GENERAL AND MISCELLANEOUS PROVISIONS RELATING TO enforcement ACTIONR ecovery of expenses relating to enforcement action49 Power to charge for certain enforcement action50 Recovery of charge under section 49 Repeals51 Repeal of power to improve existing enforcement procedures52 Repeal of provisions relating to demolition of obstructive buildings53 Miscellaneous repeals etc.

5 In relation to fire hazardsHousing Act 2004 (c. 34)ivIndex54 Index of defined expressions: Part 1 PART 2 LICENSING OF HOUSES IN MULTIPLE OCCUPATIONI ntroductory55 Licensing of HMOs to which this Part appliesDesignation of additional licensing areas56 Designation of areas subject to additional licensing57 Designations under section 56: further considerations58 Designation needs confirmation or general approval to be effective59 Notification requirements relating to designations60 Duration, review and revocation of designationsHMOs required to be licensed61 Requirement for HMOs to be licensed62 Temporary exemption from licensing requirementGrant or refusal of licences63 Applications for licences64 Grant or refusal of licence65 Tests as to suitability for multiple occupation66 Tests for fitness etc.

6 And satisfactory management arrangements67 Licence conditions68 Licences: general requirements and durationVariation and revocation of licences69 Variation of licences70 Revocation of licencesProcedure and appeals71 Procedural requirements and appeals against licence decisionsEnforcement72 Offences in relation to licensing of HMOs73 Other consequences of operating unlicensed HMOs: rent repayment orders74 Further provisions about rent repayment orders75 Other consequences of operating unlicensed HMOs: restriction onterminating tenanciesSupplementary provisions76 Transitional arrangements relating to introduction and termination oflicensingHousing Act 2004 (c. 34)v77 Meaning of HMO 78 Index of defined expressions: Part 2 PART 3 SELECTIVE LICENSING OF OTHER RESIDENTIAL ACCOMMODATIONI ntroductory79 Licensing of houses to which this Part appliesDesignation of selective licensing areas80 Designation of selective licensing areas81 Designations under section 80.

7 Further considerations82 Designation needs confirmation or general approval to be effective83 Notification requirements relating to designations84 Duration, review and revocation of designationsHouses required to be licensed85 Requirement for Part 3 houses to be licensed86 Temporary exemption from licensing requirementGrant or refusal of licences87 Applications for licences88 Grant or refusal of licence89 Tests for fitness etc. and satisfactory management arrangements90 Licence conditions91 Licences: general requirements and durationVariation and revocation of licences92 Variation of licences93 Revocation of licencesProcedure and appeals94 Procedural requirements and appeals against licence decisionsEnforcement95 Offences in relation to licensing of houses under this Part96 Other consequences of operating unlicensed houses: rent repayment orders97 Further provisions about rent repayment orders98 Other consequences of operating unlicensed houses: restriction onterminating tenanciesSupplementary provisions99 Meaning of house of defined expressions: Part 3 Housing Act 2004 (c.)

8 34)viPART 4 ADDITIONAL CONTROL PROVISIONS IN RELATION TO RESIDENTIAL ACCOMMODATIONCHAPTER 1 INTERIM AND FINAL MANAGEMENT ORDERSI ntroductory101 Interim and final management orders: introductoryInterim management orders: making and operation of orders102 Making of interim management orders103 Special interim management orders104 The health and safety condition105 Operation of interim management orders106 Local Housing authority s duties once interim management order in force107 General effect of interim management orders108 General effect of interim management orders: leases and licences granted byauthority109 General effect of interim management orders: immediate landlords,mortgagees arrangements while order is in forceInterim management orders: variation and revocation111 Variation of interim management orders112 Revocation of interim management ordersFinal management orders: making and operation of orders113 Making of final management orders114 Operation of final management orders115 Local Housing authority s duties once final management order in force116 General effect of final management orders117 General effect of final management orders: leases and licences granted byauthority118 General effect of final management orders.

9 Immediate landlords, schemes and accounts120 enforcement of management scheme by relevant landlordFinal management orders: variation and revocation121 Variation of final management orders122 Revocation of final management ordersInterim and final management orders: procedure and appeals123 Procedural requirements and appealsHousing Act 2004 (c. 34)viiInterim and final management orders: other general provisions124 Effect of management orders: occupiers125 Effect of management orders: agreements and legal proceedings126 Effect of management orders: furniture127 Management orders: power to supply furniture128 Compensation payable to third parties129 Termination of management orders: financial arrangements130 Termination of management orders: leases, agreements and proceedings131 Management orders: power of entry to carry out workCHAPTER 2 INTERIM AND FINAL EMPTY DWELLING MANAGEMENT ORDERSI ntroductory132 Empty dwelling management orders.

10 IntroductoryInterim empty dwelling management orders133 Making of interim EDMOs134 Authorisation to make interim EDMOs135 Local Housing authority s duties once interim EDMO in forceFinal empty dwelling management orders136 Making of final EDMOs137 Local Housing authority s duties once final EDMO in forceCompensation138 Compensation payable to third partiesCHAPTER 3 OVERCROWDING NOTICES139 Service of overcrowding notices140 Contents of overcrowding notices141 Requirement as to overcrowding generally142 Requirement as to new residents143 Appeals against overcrowding notices144 Revocation and variation of overcrowding noticesCHAPTER 4 SUPPLEMENTARY PROVISIONS145 Supplementary provisions146 Interpretation and modification of this Part147 Index of defined expressions: Part 4 Housing Act 2004 (c.)