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Housing Bill


 

Housing Bill

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Office of the Deputy Prime Minister, are published separately

as HL Bill 71—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

The Lord Rooker has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Housing Bill are compatible with the Convention

rights.

 
HL Bill 71 53/3
 
 

 

Housing Bill

 

 
 

Contents

Part 1

Housing conditions

Chapter 1

Enforcement of housing standards: general

New system for assessing housing conditions

1   

New system for assessing housing conditions and enforcing housing

standards

2   

Meaning of “category 1 hazard” and “category 2 hazard”

Procedure for assessing housing conditions

3   

Local housing authorities to review housing conditions in their districts

4   

Inspections by local housing authorities to see whether category 1 or 2

hazards exist

Enforcement of housing standards

5   

Category 1 hazards: general duty to take enforcement action

6   

Category 1 hazards: how duty under section 5 operates in certain cases

7   

Category 2 hazards: powers to take enforcement action

8   

Guidance about inspections and enforcement action

9   

Consultation with fire authorities in certain cases

Chapter 2

Improvement notices, prohibition orders and hazard awareness notices

Improvement notices

10   

Improvement notices relating to category 1 hazards: duty of authority to

serve notice

11   

Improvement notices relating to category 2 hazards: power of authority to

serve notice

 
HL Bill 71 53/3
 
 

Housing Bill

iv

 

12   

Contents of improvement notices

13   

Suspension of improvement notices

14   

Revocation and variation of improvement notices

15   

Operation of improvement notices

16   

Review of suspended improvement notices

17   

Service of improvement notices etc. and related appeals

18   

Change in person liable to comply with improvement notice

Prohibition orders

19   

Prohibition orders relating to category 1 hazards: duty of authority to make

order

20   

Prohibition orders relating to category 2 hazards: power of authority to make

order

21   

Contents of prohibition orders

22   

Suspension of prohibition orders

23   

Operation of prohibition orders

24   

Revocation and variation of prohibition orders

25   

Review of suspended prohibition orders

26   

Service of copies of prohibition orders etc. and related appeals

Hazard awareness notices

27   

Hazard awareness notices relating to category 1 hazards: duty of authority to

serve notice

28   

Hazard awareness notices relating to category 2 hazards: power of authority

to serve notice

Enforcement: improvement notices

29   

Offence of failing to comply with improvement notice

30   

Enforcement action by local housing authorities

Enforcement: prohibition orders

31   

Offence of failing to comply with prohibition order etc.

32   

Recovery of possession of premises in order to comply with order

33   

Power of tribunal to determine or vary lease

Enforcement: improvement notices and prohibition orders

34   

Power of court to order occupier or owner to allow action to be taken on

premises

35   

Power of court to authorise action by one owner on behalf of another

Supplementary provisions

36   

Effect of improvement notices and prohibition orders as local land charges

37   

Savings for rights arising from breach of covenant etc.

38   

Effect of Part 4 enforcement action and redevelopment proposals

 
 

Housing Bill

v

 

Chapter 3

Emergency measures

Emergency remedial action

39   

Emergency remedial action

40   

Notice of emergency remedial action

41   

Recovery of expenses of taking emergency remedial action

Emergency prohibition orders

42   

Emergency prohibition orders

43   

Contents of emergency prohibition orders

Appeals

44   

Appeals relating to emergency measures

Chapter 4

Demolition orders and slum clearance declarations

Demolition orders

45   

Demolition orders

Slum clearance declarations

46   

Clearance areas

Appeals

47   

Transfer of jurisdiction in respect of appeals relating to demolition orders etc.

Chapter 5

General and miscellaneous provisions relating to enforcement action

Recovery of expenses relating to enforcement action

48   

Power to charge for certain enforcement action

49   

Recovery of charge under section 48

Repeals

50   

Repeal of power to improve existing enforcement procedures

51   

Repeal of provisions relating to demolition of obstructive buildings

52   

Miscellaneous repeals etc. in relation to fire hazards

Index

53   

Index of defined expressions: Part 1

 
 

Housing Bill

vi

 

Part 2

Licensing of houses in multiple occupation

Introductory

54   

Licensing of HMOs to which this Part applies

Designation of additional licensing areas

55   

Designation of areas subject to additional licensing

56   

Designations under section 55: further considerations

57   

Designation needs confirmation or general approval to be effective

58   

Notification requirements relating to designations

59   

Duration, review and revocation of designations

HMOs required to be licensed

60   

Requirement for HMOs to be licensed

61   

Temporary exemption from licensing requirement

Grant or refusal of licences

62   

Applications for licences

63   

Grant or refusal of licence

64   

Tests as to suitability for multiple occupation

65   

Tests for fitness etc. and satisfactory management arrangements

66   

Licence conditions

67   

Licences: general requirements and duration

Variation and revocation of licences

68   

Variation of licences

69   

Revocation of licences

Procedure and appeals

70   

Procedural requirements and appeals against licence decisions

Enforcement

71   

Offences in relation to licensing of HMOs

72   

Further sanctions relating to unlicensed HMOs

Supplementary provisions

73   

Transitional arrangements relating to introduction and termination of

licensing

74   

Meaning of “HMO”

75   

Index of defined expressions: Part 2

 
 

Housing Bill

vii

 

Part 3

Selective licensing of other residential accommodation

Introductory

76   

Licensing of houses to which this Part applies

Designation of selective licensing areas

77   

Designation of selective licensing areas

78   

Designations under section 77: further considerations

79   

Designation needs confirmation or general approval to be effective

80   

Notification requirements relating to designations

81   

Duration, review and revocation of designations

Houses required to be licensed

82   

Requirement for Part 3 houses to be licensed

83   

Temporary exemption from licensing requirement

Grant or refusal of licences

84   

Applications for licences

85   

Grant or refusal of licence

86   

Tests for fitness etc. and satisfactory management arrangements

87   

Licence conditions

88   

Licences: general requirements and duration

Variation and revocation of licences

89   

Variation of licences

90   

Revocation of licences

Procedure and appeals

91   

Procedural requirements and appeals against licence decisions

Enforcement

92   

Offences in relation to licensing of houses under this Part

93   

Further sanctions relating to unlicensed Part 3 houses

Supplementary provisions

94   

Meaning of “house” etc.

95   

Index of defined expressions: Part 3

 
 

Housing Bill

viii

 

Part 4

Additional control provisions in relation to residential accommodation

Introductory

96   

Interim and final management orders: introductory

Interim management orders: making and operation of orders

97   

Making of interim management orders

98   

Special interim management orders

99   

The health and safety condition

100   

Operation of interim management orders

101   

Local housing authority’s duties once interim management order in force

102   

General effect of interim management orders

103   

General effect of interim management orders: immediate landlords,

mortgagees etc.

104   

Financial arrangements while order is in force

Interim management orders: variation and revocation

105   

Variation of interim management orders

106   

Revocation of interim management orders

Final management orders: making and operation of orders

107   

Making of final management orders

108   

Operation of final management orders

109   

Local housing authority’s duties once final management order in force

110   

General effect of final management orders

111   

General effect of final management orders: immediate landlords, mortgagees

etc.

112   

Management scheme and accounts

Final management orders: variation and revocation

113   

Variation of final management orders

114   

Revocation of final management orders

Interim and final management orders: procedure and appeals

115   

Procedural requirements and appeals

Interim and final management orders: other general provisions

116   

Effect of management orders: occupiers

117   

Effect of management orders: agreements and legal proceedings

118   

Effect of management orders: furniture

119   

Management orders: power to supply furniture

120   

Termination of management orders: financial arrangements

121   

Termination of management orders: leases, agreements and proceedings

122   

Management orders: power of entry to carry out work

 
 

 
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Revised 24 August 2004