Legalize / United Kingdom / Public General Act

Housing Act 2004

Type Public General Act

Publication 2004-11-18

Last updated 2025-12-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

In this Part of this Schedule “relevant person” means any person who has an estate or interest in the dwelling (other than a person who is a tenant under a lease granted under paragraph 2(3)(c) or 10(3)(c)).

SCHEDULE 8

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SCHEDULE 9

SCHEDULE 10

Schemes to be custodial schemes or insurance schemes

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(1) A tenancy deposit scheme must be either—

(a) a custodial scheme, or

(b) an insurance scheme.

(2) A “custodial scheme”is a scheme under which—

(a) tenancy deposits in connection with shorthold tenancies are paid to the landlords under the tenancies,

(b) amounts representing the deposits are then paid by the landlords into a designated account held by the scheme administrator, and

(c) those amounts are kept by the scheme administrator in that account until such time as, in accordance with the scheme, they fall to be paid (wholly or in part) to the landlords or tenants under the tenancies.

(3) An “insurance scheme”is a scheme under which—

(a) tenancy deposits in connection with shorthold tenancies are paid to the landlords under the tenancies,

(b) such deposits are retained by the landlords on the basis that, at the end of the tenancies—

(i) such amounts in respect of the deposits as are agreed between the tenants and the landlords will be repaid to the tenants, and

(ii) such amounts as the tenants request to be repaid to them and which are not so repaid will, in accordance with directions given by the scheme administrator, be paid into a designated account held by the scheme administrator,

(c) amounts paid into that account are kept by the scheme administrator in the account until such time as, in accordance with the scheme, they fall to be paid (wholly or in part) to the landlords or tenants under the tenancies,

(d) landlords undertake to reimburse the scheme administrator, in accordance with directions given by him, in respect of any amounts in respect of the deposits paid to the tenants by the scheme administrator (other than amounts paid to the tenants as mentioned in paragraph (c)), and

(e) insurance is maintained by the scheme administrator in respect of failures by landlords to comply with such directions.

Provisions applying to custodial and insurance schemes

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(1) A custodial scheme must conform with the following provisions—

paragraphs 3 to 4C, and

paragraphs 9 to 10C.

(2) An insurance scheme must conform with the following provisions—

paragraphs 5 to 8, and

paragraphs 9 to 10C.

Custodial schemes: general

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(1) This paragraph applies to a custodial scheme.

(2) The scheme must provide for any landlord who receives a tenancy deposit in connection with a shorthold tenancy to pay an amount equal to the deposit into a designated account held by the scheme administrator.

(3) The designated account must not contain anything other than amounts paid into it as mentioned in sub-paragraph (2) and any interest accruing on such amounts.

(4) Subject to sub-paragraph (5), the scheme administrator may retain any interest accruing on such amounts.

(5) The relevant arrangements under section 212(1) may provide for any amount paid in accordance with paragraph 4 or 4C to be paid with interest -

(a) in respect of the period during which the relevant amount has remained in the designated account, and

(b) at such rate as the Secretary of State may specify by order.

(6) With the exception of any interest retained in accordance with subparagaph (4), nothing contained in the designated account may be used to fund the administration of the scheme.

(7) In this paragraph "the relevant amount", in relation to a tenancy deposit, means the amount paid into the designated account in respect of the deposit.

Custodial schemes: termination of tenancies

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(1) A custodial scheme must make provision—

(a) for enabling the tenant and the landlord under a shorthold tenancy in connection with which a tenancy deposit is held in accordance with the scheme to apply, at any time after the tenancy has ended, for the whole or part of the relevant amount to be paid to him, and

(b) for such an application to be dealt with by the scheme administrator in accordance with the following provisions of this paragraph.

(2) Sub-paragraph (3) applies where the tenant and the landlord notify the scheme administrator that they have agreed that the relevant amount should be paid—

(a) wholly to one of them, or

(b) partly to the one and partly to the other.

(3) If, having received such a notification, the scheme administrator is satisfied that the tenant and the landlord have so agreed, the scheme administrator must arrange for the relevant amount to be paid, in accordance with the agreement, within the period of 10 days beginning with the date on which the notification is received by the scheme administrator.

(4) Sub-paragraph (5) applies where the tenant or the landlord notifies the scheme administrator that—

(a) a court has decided that the relevant amount is payable either wholly to one of them or partly to the one and partly to the other, and

(b) that decision has become final.

(4A) Sub-paragraph (5) also applies where the tenant or the landlord notifies the scheme administrator that a person acting as an adjudicator under the provision made under paragraph 10 has made a binding decision that the relevant amount is payable either wholly to one of them or partly to one and partly to the other.

(5) If, having received a notification as mentioned in sub-paragraph (4) or (4A), the scheme administrator is satisfied as to the matters mentioned in that sub-paragraph, the scheme administrator must arrange for the relevant amount to be paid, in accordance with the decision, within the period of 10 days beginning with the date on which the notification is received by the scheme administrator.

(6) For the purposes of this Schedule a decision becomes final—

(a) if not appealed against, at the end of the period for bringing an appeal, or

(b) if appealed against, at the time when the appeal (or any further appeal) is disposed of.

(7) An appeal is disposed of—

(a) if it is determined and the period for bringing any further appeal has ended, or

(b) if it is abandoned or otherwise ceases to have effect.

(8) In this paragraph “the relevant amount” has the meaning given by paragraph 3(7).

Insurance schemes: general

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(1) This paragraph applies to an insurance scheme.

(1A) The scheme must make provision as to the requirements that fall to be complied with by the landlord or by the scheme administrator where—

(a) a landlord wishes to retain a tenancy deposit under the scheme; or

(b) a landlord retaining a tenancy deposit under the scheme (in relation to a tenancy that has not terminated) gives notice to the scheme administrator that he no longer wishes to retain the deposit under that scheme.

(2) The scheme must provide that any landlord by whom a tenancy deposit is retained under the scheme must give the scheme administrator an undertaking that, if the scheme administrator directs the landlord to pay him any amount in respect of the deposit in accordance with paragraph 6(3) or (7), the landlord will comply with such a direction.

(3) The scheme must require the scheme administrator to effect, and maintain in force, adequate insurance in respect of failures by landlords by whom tenancy deposits are retained under the scheme to comply with such directions as are mentioned in sub-paragraph (2).

(3A) The scheme may make provision enabling the scheme administrator to determine that, by virtue of the landlord's failure to comply with a relevant obligation, a tenancy deposit which has previously been retained by a landlord under the scheme (and which relates to a tenancy which has not ended) is to cease to be retained under the scheme.

(3B) Provision under sub-paragraph (3A) must require the scheme administrator, before making a determination, to give a notice to the landlord stating that the scheme administrator proposes to make such a determination and the reasons for the proposal.

(4) If the scheme provides for landlords participating in the scheme to be members of the scheme, the scheme may provide for a landlord’s membership to be terminated by the scheme administrator in the event of any failure by the landlord to comply with a relevant obligation.

(4A) Provision made under sub-paragraph (4) must require the scheme administrator, before determining that the landlord's membership be terminated, to give a notice to the landlord stating that the scheme administrator proposes to make such a determination and the reasons for the proposal.

(4B) On the termination of a landlord's membership under sub-paragraph (4)—

(a) any tenancy deposits previously retained by the landlord under the scheme (in relation to tenancies which had not ended before the termination) cease to be retained under the scheme; but

(b) the scheme continues to apply to a tenancy deposit retained by the landlord under the scheme in relation to a tenancy which ended before the termination as if the landlord were still a member.

(5) The scheme may provide for landlords participating in the scheme to pay to the scheme administrator—

(a) fees in respect of the administration of the scheme, and

(b) contributions in respect of the cost of the insurance referred to in sub-paragraph (3).

(6) Paragraph 5A makes further provision in relation to the procedure to be followed after a notice of the kind mentioned in sub-paragraph (1A)(b), (3B) or (4A) has been given in accordance with the scheme.

(7) In this paragraph “ relevant obligation ” means—

(a) the duty to comply with a direction mentioned in sub-paragraph (2); or

(b) any obligation under the scheme which is specified in the scheme as a relevant obligation for the purposes of this paragraph.

Insurance schemes: termination of tenancies

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(1) An insurance scheme must make provision in accordance with this paragraph and paragraphs 6A to 8 in relation to the respective obligations of the landlord and the scheme administrator where—

(a) a tenancy deposit has been retained by the landlord under the scheme, and

(b) the tenancy has ended.

(2) Sub-paragraphs (3) to (9) apply where the tenant notifies the scheme administrator that—

(a) the tenant has requested the landlord to repay to him the whole or any part of the deposit, and

(b) the amount in question (“the outstanding amount”) has not been repaid to him within the period of 10 days beginning with the date on which the request was made.

(2A) When a tenant gives notice under sub-paragraph (2) he must also indicate whether he consents to any dispute as to the amount to be repaid to him being resolved through the use of the dispute resolution service.

(3) On receiving a notification in accordance with sub-paragraph (2), the scheme administrator must direct the landlord—

(a) to pay an amount equal to the outstanding amount into a designated account held by the scheme administrator, and

(b) to do so within the period of 10 days beginning with the date on which the direction is received by the landlord.

(4) The following sub-paragraphs apply where the tenant or the landlord notifies the scheme administrator—

(a) that a court has decided that the outstanding amount is payable either wholly to one of them or partly to the one and partly to the other and the decision has become final (see paragraph 4(6) and (7)), . . .

(b) that the tenant and landlord have agreed that such an amount is to be paid either wholly to one of them or partly to the one and partly to the other. or

(c) that a person acting as an adjudicator under the provision made under paragraph 10 has made a binding decision that the outstanding amount is payable either wholly to one of them or partly to one and partly to the other.

(5) If the scheme administrator is satisfied as to the matters mentioned in sub-paragraph (4)(a) , (b) or (c)(as the case may be), he must—

(a) pay to the tenant any amount due to him in accordance with the decision or agreement (and, to the extent possible, pay that amount out of any amount held by him by virtue of sub-paragraph (3)), and

(b) comply with sub-paragraph (6) or (7), as the case may be.

(6) Where any amount held by the scheme administrator by virtue of sub-paragraph (3) is more than any amount due to the tenant in accordance with the decision or agreement, the scheme administrator must pay the balance to the landlord.

(7) Where any amount so held by the scheme administrator is less than any amount so due to the tenant, the scheme administrator must direct the landlord to pay him the difference within the period of 10 days beginning with the date on which the direction is received by the landlord.

(8) The scheme administrator must pay any amounts required to be paid to the tenant or the landlord as mentioned in sub-paragraph (5)(a) or (6) within 10 days beginning with the date on which the notification is received by the scheme administrator.

(9) The landlord must comply with any direction given in accordance with sub-paragraph (3) or (7).

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(1) The designated account held by the scheme administrator must not contain anything other than amounts paid into it as mentioned in paragraph 6(3) and any interest accruing on such amounts.

(2) Subject to sub-paragraph (3), the scheme administrator may retain any interest accruing on such amounts.

(3) The relevant arrangements under section 212(1) may provide for any amount paid in accordance with paragraph 6(5)(a) or (6) to be paid with interest—

(a) in respect of the period during which the relevant amount has remained in the designated account, and

(b) at such rate as the Secretary of State may specify for the purposes of paragraph 3(5)(b).

(4) With the exception of any interest retained in accordance with sub-paragraph (2), nothing contained in the designated account may be used to fund the administration of the scheme.

(5) In this paragraph “ the relevant amount ”, in relation to a tenancy deposit, means the amount, in respect of the deposit, paid into the designated account by virtue of a direction given in accordance with paragraph 6(3).

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(1) The scheme must make provision for preventing double recovery by a tenant in respect of the whole or part of the deposit, and may in that connection make provision—

(a) for excluding or modifying any requirement imposed by the scheme in accordance with paragraph 6 or 7, and

(b) for requiring the repayment of amounts paid to the tenant by the scheme administrator.

(2) In this paragraph “ double recovery ”, in relation to an amount of a tenancy deposit, means recovering that amount both from the scheme administrator and from the landlord.

Notifications to tenants

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(1) Every custodial scheme or insurance scheme must provide for the scheme administrator to respond as soon as is practicable to any request within sub-paragraph (2) made by the tenant under a shorthold tenancy.

(2) A request is within this sub-paragraph if it is a request by the tenant to receive confirmation that a deposit paid in connection with the tenancy is being held in accordance with the scheme.

Dispute resolution procedures

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(1) Every custodial scheme or insurance scheme must provide for facilities to be available for enabling disputes relating to tenancy deposits subject to the scheme to be resolved without recourse to litigation.

(2) The scheme must not, however, make the use of such facilities compulsory in the event of such a dispute.

(3) The provision made under this paragraph may confer power on a person acting as an adjudicator in relation to such a dispute to decline to proceed, or continue to proceed, with the case.

(4) In this Schedule, in relation to a custodial scheme or an insurance scheme, “ the dispute resolution service ” means the facilities provided by the scheme in accordance with this paragraph.

Power to amend

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The Secretary of State may by order make such amendments of this Schedule as it considers appropriate.

Interpretation

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In this Schedule references to tenants under shorthold tenancies include references to persons who, in accordance with arrangements made with such tenants, have paid tenancy deposits on behalf of the tenants.

SCHEDULE 11

Housing Associations Act 1985 (c. 69)

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In section 87 of the Housing Associations Act 1985 (financial assistance with respect to formation, management, etc. of certain housing associations) omit—

(a) in subsection (3), the words from “, acting” onwards, and

(b) subsection (6).

Housing Act 1988 (c. 50)

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The Housing Act 1988 is amended as follows.

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In section 52(2) (recovery etc. of grants) omit the words from “, acting” to “determine,”.

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Omit section 55 (surplus rental income).

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In section 59(1A) (interpretation) for “55” substitute “ 54 ”.

Housing Act 1996 (c. 52)

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The Housing Act 1996 is amended as follows.

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In section 18(2) (social housing grants) omit the words from “, acting” to “determine,”.

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(1) In section 31(2) (offence of intentionally altering etc. document required to be produced under section 30), for paragraph (b) substitute—

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

(2) The amendment made by sub-paragraph (1) does not apply in relation to any offence committed before the day on which that sub-paragraph comes into force.

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(1) Section 36 (issue of guidance by the Relevant Authority) is amended as follows.

(2) In subsection (2) (particular matters with respect to which guidance may be issued under the section) for “this section” substitute “ subsection (1) ”.

(3) After subsection (2) insert—

(2A) The Relevant Authority may also issue guidance with respect to— (a) the governance of bodies that are registered social landlords; (b) the effective management of such bodies; (c) establishing and maintaining the financial viability of such bodies.

(4) In subsection (7) (guidance relevant to whether there has been mismanagement) after “there has been” insert “ misconduct or ”.

14

In paragraph 1(2) of Schedule 1 (payments by way of gift, dividend or bonus) after paragraph (b) insert—

(c) the payment of a sum, in accordance with the constitution or rules of the body, to a registered social landlord which is a subsidiary or associate of the body.

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(1) Paragraph 15 of Schedule 1 (transfer of net assets on dissolution or winding up) is amended as follows.

(2) In sub-paragraph (1)(b), after “1985” insert “ (including such a company which is also a registered charity) ”.

(3) At the end of sub-paragraph (4) insert— “ And in such a case any registered social landlord specified in a direction under sub-paragraph (2) must be one to which paragraphs (a) and (b) above apply. ”

16

After paragraph 15 insert—

(15A) (1) The Secretary of State may by regulations provide for any provisions of paragraph 15(2) to (6) to apply in relation to a registered social landlord within sub-paragraph (2)— (a) in such circumstances, and (b) with such modifications, as may be specified in the regulations. (2) A registered social landlord is within this sub-paragraph if— (a) it is a registered charity, and (b) it does not fall within sub-paragraph (1) of paragraph 15. (3) Regulations under this paragraph may in particular provide that any provision of the regulations requiring the transfer of any property of the charity is to have effect notwithstanding— (a) anything in the terms of its trusts, or (b) any resolution, order or other thing done for the purposes of, or in connection with, the termination of the charity in any manner specified in the regulations. (4) Any regulations under this paragraph shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

17

(1) Paragraph 16 of Schedule 1 (general requirements as to accounts and audit) is amended as follows.

(2) Omit sub-paragraph (4) (auditor’s report to state whether accounts comply with paragraph 16).

(3) For sub-paragraph (5) substitute—

(5) Every registered social landlord shall furnish to the Relevant Authority— (a) a copy of its accounts, and (b) (subject to sub-paragraph (7)) a copy of the auditor’s report in respect of them, within six months of the end of the period to which they relate. (6) The auditor’s report shall state, in addition to any other matters which it is required to state, whether in the auditor’s opinion the accounts comply with the requirements laid down under this paragraph. (7) The provisions of sub-paragraphs (5)(b) and (6) do not apply where, by virtue of any enactment— (a) any accounts of a registered social landlord are not required to be audited, and (b) instead a report is required to be prepared in respect of them by a person appointed for the purpose (“the reporting accountant”), and sub-paragraph (8) shall apply in place of those provisions. (8) In such a case— (a) the registered social landlord shall furnish to the Relevant Authority a copy of the reporting accountant’s report in respect of the accounts within six months of the end of the period to which they relate; and (b) that report shall state, in addition to any other matters which it is required to state, whether in the reporting accountant’s opinion the accounts comply with the requirements laid down under this paragraph.

18

After paragraph 16 of Schedule 1 insert—

(16A) (1) This paragraph applies to registered social landlords which are companies registered under the Companies Act 1985 (“RSL companies”). (2) In section 249A of the Companies Act 1985 (exemptions from audit)— (a) subsection (2) shall apply in relation to an RSL company which meets the total exemption conditions in respect of a financial year (whether it is a charity or not), and (b) that subsection shall apply in relation to such a company in the same way as it applies in relation to an RSL company which is a charity and meets the report conditions in relation to a financial year; and (c) subsection (1) accordingly does not have effect in relation to an RSL company. (3) In section 249C of that Act (report required for the purposes of section 249A(2)), subsection (3) shall apply in relation to an RSL company within sub-paragraph (2)(a) above as if the reference to satisfying the requirements of section 249A(4) were a reference to meeting the total exemption conditions. (4) The Relevant Authority may, in respect of any relevant financial year of an RSL company, give a direction to the company requiring it— (a) to appoint a qualified auditor to audit its accounts and balance sheet for that year, and (b) to furnish to the Relevant Authority a copy of the auditor’s report by such date as is specified in the direction. (5) For the purposes of sub-paragraph (4), a financial year of an RSL company is a “relevant financial year”if— (a) it precedes that in which the direction is given, and (b) the company met either the total exemption conditions or the report conditions in respect of that year, and (c) its accounts and balance sheet for that year were not audited in accordance with Part 7 of the Companies Act 1985. (6) In this paragraph— (a) “financial year” has the meaning given by section 223 of the Companies Act 1985; (b) “qualified auditor” means a person who is eligible for appointment as auditor of the company under Part 2 of the Companies Act 1989; (c) any reference to a company meeting the report conditions is to be read in accordance with section 249A(4) of the Companies Act 1985; and (d) any reference to a company meeting the total exemption conditions is to be read in accordance with section 249A(3) or section 249A(3) and (3A) of that Act, depending on whether it is a charity.

19

For paragraph 17 of Schedule 1 (appointment of auditors by industrial and provident societies), together with the heading preceding it, substitute—

(17) (1) This paragraph applies to registered social landlords which are industrial and provident societies. (2) Section 9A of the Friendly and Industrial and Provident Societies Act 1968 (duty to obtain accountant’s reports where section 4 applied) shall have effect, in its application to such a landlord, with the omission of subsection (1)(b) (accountant’s report required only where turnover exceeds a specified sum). (3) The Relevant Authority may, in respect of any relevant year of account of such a landlord, give a direction to the landlord requiring it— (a) to appoint a qualified auditor to audit its accounts and balance sheet for that year, and (b) to furnish to the Relevant Authority a copy of the auditor’s report by such date as is specified in the direction. (4) For the purposes of sub-paragraph (3), a year of account of a landlord is a “relevant year of account”if— (a) it precedes that in which the direction is given, and (b) at the end of it there is in force in relation to it a disapplication under section 4A(1) of the Friendly and Industrial and Provident Societies Act 1968. (5) In this paragraph— - “qualified auditor” means a person who is a qualified auditor for the purposes of the Friendly and Industrial and Provident Societies Act 1968; - “year of account” has the meaning given by section 21(1) of that Act.

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(1) Paragraph 18 of Schedule 1 (accounting and audit requirements for charities) is amended as follows.

(2) In the cross-heading preceding the paragraph, after “and audit” insert “ or reporting ”.

(3) In sub-paragraph (1) (application of provisions to registered social landlord which is a registered charity) omit the words from “(which impose” onwards.

(4) For sub-paragraph (4) substitute—

(4) The charity must appoint a qualified auditor (“the auditor”) to audit the accounts prepared in accordance with sub-paragraph (3) in respect of each period of account in which— (a) the charity’s gross income (within the meaning of the Charities Act 1993) arising in connection with its housing activities, or (b) its total expenditure arising in connection with those activities, exceeds the sum for the time being specified in section 43(1) of the Charities Act 1993 (audit required for charities where gross income or total income exceeds the specified sum). (4A) Where sub-paragraph (4) does not apply in respect of a period of account, the charity must appoint a qualified auditor (“the reporting accountant”) to make such a report as is mentioned in paragraph 18A(1) in respect of the period of account. (4B) In sub-paragraphs (4) and (4A) “qualified auditor” means a person who is eligible for appointment as auditor of the charity under Part 2 of the Companies Act 1989 or who would be so eligible if the charity were a company registered under the Companies Act 1985.

21

After paragraph 18 of Schedule 1 insert—

(18A) (1) The report referred to in paragraph 18(4A) is a report— (a) relating to the charity’s accounts prepared in accordance with paragraph 18(3) in respect of the period of account in question, and (b) complying with sub-paragraphs (2) and (3) below. (2) The report must state whether, in the opinion of the reporting accountant— (a) the revenue account or accounts and the balance sheet are in agreement with the books of account kept by the charity under paragraph 18(2), (b) on the basis of the information contained in those books of account, the revenue account or accounts and the balance sheet comply with the requirements of the Charities Act 1993, and (c) on the basis of the information contained in those books of account, paragraph 18(4A) applied to the charity in respect of the period of account in question. (3) The report must also state the name of the reporting accountant and be signed by him. (4) Paragraph 18(7) applies to the reporting accountant and his functions under this paragraph as it applies to an auditor and his functions under paragraph 18. (5) The Relevant Authority may, in respect of a relevant period of account of a charity, give a direction to the charity requiring it— (a) to appoint a qualified auditor to audit its accounts for that period, and (b) to furnish to the Relevant Authority a copy of the auditor’s report by such date as is specified in the direction; and paragraph 18(5) to (7) apply to an auditor so appointed as they apply to an auditor appointed under paragraph 18. (6) For the purposes of sub-paragraph (5), a period of account of a charity is a relevant period of account if— (a) it precedes that in which the direction is given; and (b) paragraph 18(4A) applied in relation to it. (7) In this paragraph “period of account” and “qualified auditor” have the same meaning as in paragraph 18(4A).

22

(1) Paragraph 19 of Schedule 1 (responsibility for securing compliance with accounting requirements) is amended as follows.

(2) In sub-paragraph (2)—

(a) in paragraph (c), after “and audit” insert “ or reporting ”;

(b) omit paragraph (d) (but not the “or” at the end); and

(3) The amendment made by sub-paragraph (2)(c) does not apply in relation to any offence committed before the day on which that sub-paragraph comes into force.

(4) After sub-paragraph (4) insert—

(5) Where any of paragraphs (a) to (e) of sub-paragraph (2) applies in respect of any default on the part of a registered social landlord, the High Court may, on the application of the Relevant Authority, make such order as the court thinks fit for requiring the default to be made good. Any such order may provide that all the costs or expenses of and incidental to the application shall be borne by the registered social landlord or by any of its officers who are responsible for the default.

23

After paragraph 19 of Schedule 1 insert—

(19A) (1) A person who is, or has been, an auditor of a registered social landlord does not contravene any duty to which he is subject merely because he gives to the Relevant Authority — (a) information on a matter of which he became aware in his capacity as auditor of the registered social landlord, or (b) his opinion on such a matter, if he is acting in good faith and he reasonably believes that the information or opinion is relevant to any functions of the Relevant Authority. (2) Sub-paragraph (1) applies whether or not the person is responding to a request from the Relevant Authority. (3) This paragraph applies to a person who is, or has been, a reporting accountant as it applies to a person who is, or has been, an auditor. (4) A “reporting accountant” means a person appointed as mentioned in paragraph 16(7)(b).

24

(1) Paragraph 20 of Schedule 1 (inquiry into affairs of registered social landlord) is amended as follows.

(2) After sub-paragraph (4) insert—

(4A) The person or persons conducting the inquiry may determine the procedure to be followed in connection with the inquiry.

(3) At the end of sub-paragraph (7) add “ , and the Relevant Authority may arrange for the whole or part of an interim or final report to be published in such manner as it considers appropriate. ”

(4) After sub-paragraph (7) insert—

(8) A local authority may, if they think fit, contribute to the expenses of the Relevant Authority in connection with any inquiry under this paragraph.

25

After paragraph 20 of Schedule 1 insert—

(20A) (1) For the purposes of an inquiry the person or persons conducting it may serve a notice on an appropriate person directing him to attend at a specified time and place and do either or both of the following, namely— (a) give evidence; (b) produce any specified documents, or documents of a specified description, which are in his custody or under his control and relate to any matter relevant to the inquiry. (2) The person or persons conducting such an inquiry— (a) may take evidence on oath and for that purpose administer oaths, or (b) instead of administering an oath, require the person examined to make and subscribe a declaration of the truth of the matters about which he is examined. (3) In this paragraph— - “appropriate person” means a person listed in section 30(2); - “document” has the same meaning as in section 30; - “inquiry” means an inquiry under paragraph 20. (4) A person may not be required under this paragraph to disclose anything that, by virtue of section 30(4), he could not be required to disclose under section 30. (5) Section 31 (enforcement of notice to provide information, &c) applies in relation to a notice given under this paragraph by the person or persons conducting an inquiry as it applies in relation to a notice given under section 30 by the Relevant Authority, but subject to sub-paragraph (6). (6) A person guilty of an offence under section 31(1) as it applies in accordance with sub-paragraph (5) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both. (7) Any person who, in purported compliance with a notice given under this paragraph by the person or persons conducting an inquiry, knowingly or recklessly provides any information which is false or misleading in a material particular commits an offence and is liable to the penalties mentioned in sub-paragraph (6). (8) Proceedings for an offence under sub-paragraph (7) may be brought only by or with the consent of the Relevant Authority or the Director of Public Prosecutions.

26

(1) Paragraph 21 of Schedule 1 (power of appointed person to obtain information) is amended as follows.

(2) At the end of sub-paragraph (3) (application of section 31 to notice under paragraph 20) add “ , but subject to sub-paragraph (4). ”

(3) After sub-paragraph (3) add—

(4) A person guilty of an offence under section 31(1) as it applies in accordance with sub-paragraph (3) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both. (5) Any person who, in purported compliance with a notice given under this paragraph by an appointed person, knowingly or recklessly provides any information which is false or misleading in a material particular commits an offence and is liable to the penalties mentioned in sub-paragraph (4). (6) Proceedings for an offence under sub-paragraph (5) may be brought only by or with the consent of the Relevant Authority or the Director of Public Prosecutions.

(4) The amendments made by this paragraph do not apply in relation to any offence committed or other thing done before the day on which this paragraph comes into force.

SCHEDULE 12

SCHEDULE 13

Procedure regulations

1

(1) The Welsh Ministers may make regulations about the procedure of residential property tribunals.

(2) Nothing in the following provisions of this Schedule affects the generality of sub-paragraph (1).

(3) In those provisions—

“procedure regulations” means regulations under this paragraph;

“tribunal” means a residential property tribunal.

Appeals

2

(1) Procedure regulations may include provision, in relation to applications to tribunals—

(a) about the form of such applications and the particulars to be contained in them,

(b) requiring the service of notices of such applications, and

(c) in the case of applications under section 102(4) or (7) or 133(1), requiring the service of copies of the draft orders submitted with the applications.

(2) Procedure regulations may include provision, in relation to appeals to tribunals—

(a) about the form of notices of appeal and the particulars to be contained in them, and

(b) requiring the service of copies of such notices.

(3) Procedure regulations may include provision dispensing with the service of the notices or copies mentioned in sub-paragraph (1)(b) or (2)(b) in such cases of urgency as are specified in the regulations.

Transfers

3

(1) This paragraph applies where, in any proceedings before a court, there falls for determination a question which a tribunal would have jurisdiction to determine on an application or appeal to the tribunal.

(2) The court—

(a) may by order transfer to the tribunal so much of the proceedings as relate to the determination of that question, and

(b) may then dispose of all or any remaining proceedings, or adjourn the disposal of all or any remaining proceedings pending the determination of that question by the tribunal, as it thinks fit.

(3) When the tribunal has determined the question, the court may give effect to the determination in an order of the court.

(4) Rules of court may prescribe the procedure to be followed in a court in connection with or in consequence of a transfer under this paragraph.

(5) Procedure regulations may prescribe the procedure to be followed in a tribunal consequent on a transfer under this paragraph.

(6) Nothing in this Act , the Caravan Sites and Control of Development Act 1960 , the Mobile Homes Act 1983 or the Mobile Homes (Wales) Act 2013 affects any power of a court to make an order that could be made by a tribunal (such as an order quashing a licence granted or order made by a local housing authority) in a case where—

(a) the court has not made a transfer under this paragraph, and

(b) the order is made by the court in connection with disposing of any proceedings before it.

Parties etc.

4

(1) Procedure regulations may include provision enabling persons to be joined as parties to the proceedings.

(2) Procedure regulations may include provision enabling persons who are not parties to proceedings before a tribunal to make oral or written representations to the tribunal.

Information

5

(1) Procedure regulations may include—

(a) provision relating to the supply of information and documents by a party to the proceedings, and

(b) in particular any provision authorised by the following provisions of this paragraph.

(2) The regulations may include provision for requiring, or empowering the tribunal to require, a party to proceedings before a tribunal—

(a) to supply to the tribunal information or documents specified, or of a description specified, in the regulations or in an order made by the tribunal;

(b) to supply to any other party copies of any information or documents supplied to the tribunal;

(c) to supply any such information, documents or copies by such time as is specified in or determined in accordance with the regulations or order.

(3) The regulations may also include provision—

(a) for granting a party to the proceedings such disclosure or inspection of documents, or such right to further information, as might be granted by the county court ;

(b) for requiring persons to attend to give evidence and produce documents;

(4) The regulations may include provision empowering a tribunal to dismiss, or allow, the whole or part of an appeal or application in a case where a party to the proceedings has failed to comply with—

(a) a requirement imposed by regulations made by virtue of this paragraph, or

(b) an order of the tribunal made by virtue of any such regulations.

Pre-trial reviews etc.

6

(1) Procedure regulations may include provision for the holding of a pre-trial review (on the application of a party to the proceedings or on the tribunal’s own initiative).

(2) Procedure regulations may provide for functions of a tribunal in relation to, or at, a pre-trial review to be exercised by a single qualified member of the panel.

(3) Procedure regulations may provide for other functions as to preliminary or incidental matters to be exercised by a single qualified member of the panel.

(4) For the purposes of this paragraph—

(a) a person is a qualified member of the panel if he was appointed to it by the Lord Chancellor; and

(b) “the panel” means the panel provided for in Schedule 10 to the Rent Act 1977 (c. 42).

Interim orders

7

Procedure regulations may include provision empowering tribunals to make orders, on an interim basis—

(a) suspending, in whole or in part, the effect of any decision, notice, order or licence which is the subject matter of proceedings before them;

(b) granting any remedy which they would have had power to grant in their final decisions.

Additional relief

8

(1) Procedure regulations may include provision as to—

(a) any additional relief which tribunals may grant in respect of proceedings before them; and

(b) the grounds on which such relief may be granted.

(2) In this paragraph “additional relief” means relief additional to any relief specifically authorised by any provision of Parts 1 to 4 of this Act , any provision of the Mobile Homes Act 1983 or any provision of the Caravan Sites and Control of Development Act 1960 or of the Mobile Homes (Wales) Act 2013 .

Dismissal

9

Procedure regulations may include provision empowering tribunals to dismiss applications, appeals or transferred proceedings, in whole or in part, on the ground that they are—

(a) frivolous or vexatious, or

(b) otherwise an abuse of process.

Determination without hearing

10

(1) Procedure regulations may include provision for the determination of applications, appeals or transferred proceedings without an oral hearing.

(2) Procedure regulations may include provision enabling a single qualified member of the panel to decide whether an oral hearing is appropriate in a particular case.

(3) Procedure regulations may provide for a single qualified member of the panel to make determinations without an oral hearing.

(4) For the purposes of this paragraph—

(a) a person is a qualified member of the panel if he was appointed to it by the Lord Chancellor; and

(b) “the panel” means the panel provided for in Schedule 10 to the Rent Act 1977 (c. 42).

Fees

11

(1) Procedure regulations may include provision requiring the payment of fees in respect of applications, appeals or transfers of proceedings to, or oral hearings by, tribunals.

(2) The fees payable shall be such as are specified in or determined in accordance with procedure regulations.

(3) But the fee (or, where fees are payable in respect of both an application, appeal or transfer and an oral hearing, the aggregate of the fees) payable by a person in respect of any proceedings must not exceed—

(a) £500, or

(b) such other amount as may be specified in procedure regulations.

(4) Procedure regulations may empower a tribunal to require a party to proceedings before it to reimburse another party to the proceedings the whole or any part of any fees paid by him.

(5) Procedure regulations may provide for the reduction or waiver of fees by reference to the financial resources of the party by whom they are to be paid or met.

(6) If they do so they may apply, subject to such modifications as may be specified in the regulations, any other statutory means-testing regime as it has effect from time to time.

Costs

12

(1) A tribunal may determine that a party to proceedings before it is to pay the costs incurred by another party in connection with the proceedings in any circumstances falling within sub-paragraph (2).

(2) The circumstances are where—

(a) he has failed to comply with an order made by the tribunal;

(b) in accordance with regulations made by virtue of paragraph 5(4), the tribunal dismisses, or allows, the whole or part of an application or appeal by reason of his failure to comply with a requirement imposed by regulations made by virtue of paragraph 5;

(c) in accordance with regulations made by virtue of paragraph 9, the tribunal dismisses the whole or part of an application or appeal made by him to the tribunal; or

(d) he has, in the opinion of the tribunal, acted frivolously, vexatiously, abusively, disruptively or otherwise unreasonably in connection with the proceedings.

(3) The amount which a party to proceedings may be ordered to pay in the proceedings by a determination under this paragraph must not exceed—

(a) £500 or, in the case of an application to a tribunal under the Mobile Homes Act 1983, £5,000, or

(b) such other amount as may be specified in procedure regulations.

(4) A person may not be required to pay costs incurred by another person in connection with proceedings before a tribunal, except—

(a) by a determination under this paragraph, or

(b) in accordance with provision made by any enactment other than this paragraph.

Enforcement

13

Procedure regulations may provide for decisions of tribunals to be enforceable, with the permission of the county court , in the same way as orders of that court.

SCHEDULE 14

Introduction: buildings (or parts) which are not HMOs for purposes of this Act (excludingPart 1)

1

(1) The following paragraphs list buildings which are not houses in multiple occupation for any purposes of this Act other than those of Part 1.

(2) In this Schedule “building” includes a part of a building.

Buildings controlled or managed by public sector bodies etc.

2

(1) A building where the person managing or having control of it is—

(a) a local housing authority,

(aa) a non-profit registered provider of social housing,

(b) a body which is registered as a social landlord under Part 1 of the Housing Act 1996 (c. 52),

(d) the Mayor's Office for Policing and Crime,

(e) a fire and rescue authority, or

(f) a health service body within the meaning of section 9 of the National Health Service Act 2006.

(2) In sub-paragraph (1)(e) “ fire and rescue authority ” means a fire and rescue authority under the Fire and Rescue Services Act 2004 (c. 21).

Buildings regulated otherwise than under this Act

3

Any building whose occupation is regulated otherwise than by or under this Act and which is of a description specified for the purposes of this paragraph in regulations made by the appropriate national authority.

Buildings occupied by students

4

(1) Any building—

(a) which is occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at a specified educational establishment or at an educational establishment of a specified description, and

(b) where the person managing or having control of it is the educational establishment in question or a specified person or a person of a specified description.

(2) In sub-paragraph (1) “ specified ” means specified for the purposes of this paragraph in regulations made by the appropriate national authority.

(3) Sub-paragraph (4) applies in connection with any decision by the appropriate national authority as to whether to make, or revoke, any regulations specifying—

(a) a particular educational establishment, or

(b) a particular description of educational establishments.

(4) The appropriate national authority may have regard to the extent to which, in its opinion—

(a) the management by or on behalf of the establishment in question of any building or buildings occupied for connected educational purposes is in conformity with any code of practice for the time being approved under section 233 which appears to the authority to be relevant, or

(b) the management of such buildings by or on behalf of establishments of the description in question is in general in conformity with any such code of practice,

as the case may be.

(5) In sub-paragraph (4) “ occupied for connected educational purposes ”, in relation to a building managed by or on behalf of an educational establishment, means occupied solely or principally by persons who occupy it for the purpose of undertaking a full-time course of further or higher education at the establishment.

Buildings occupied by religious communities

5

(1) Any building which is occupied principally for the purposes of a religious community whose principal occupation is prayer, contemplation, education or the relief of suffering.

(2) This paragraph does not apply in the case of a converted block of flats to which section 257 applies.

Buildings occupied by owners

6

(1) Any building which is occupied only by persons within the following paragraphs—

(a) one or more persons who have, whether in the whole or any part of it, either the freehold estate or a leasehold interest granted for a term of more than 21 years;

(b) any member of the household of such a person or persons;

(c) no more than such number of other persons as is specified for the purposes of this paragraph in regulations made by the appropriate national authority.

(2) This paragraph does not apply in the case of a converted block of flats to which section 257 applies, except for the purpose of determining the status of any flat in the block.

Buildings occupied by two persons

7

Any building which is occupied only by two persons who form two households.

SCHEDULE 15

Parliamentary Commissioner Act 1967 (c. 13)

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land Compensation Act 1973 (c. 26)

2

The Land Compensation Act 1973 has effect subject to the following amendments.

3

(1) Section 29 (right to home loss payment where person displaced from dwelling) is amended as follows.

(2) In subsection (1)—

(a) for paragraph (b) substitute—

(b) the making of a housing order in respect of the dwelling;

; and

(b) in paragraph (ii) for the words from “the order” onwards substitute “ the housing order; ”.

(3) In subsection (3A) for the words from “the acceptance” onwards substitute “ the carrying out of any improvement to the dwelling unless he is permanently displaced from it in consequence of the carrying out of that improvement. ”

(4) For subsection (7) substitute—

(7) In this section “a housing order” means— (a) a prohibition order under section 20 or 21 of the Housing Act 2004, or (b) a demolition order under section 265 of the Housing Act 1985.

4

(1) Section 33D (loss payments: exclusions) is amended as follows.

(2) In subsection (4) for paragraphs (b) and (c) substitute—

(b) notice under section 11 of the Housing Act 2004 (improvement notice relating to category 1 hazard); (c) notice under section 12 of that Act (improvement notice relating to category 2 hazard);

(3) For subsection (5) substitute—

(5) These are the orders— (a) an order under section 20 of the Housing Act 2004 (prohibition order relating to category 1 hazard); (b) an order under section 21 of that Act (prohibition order relating to category 2 hazard); (c) an order under section 43 of that Act (emergency prohibition orders); (d) an order under section 265 of the Housing Act 1985 (demolition order relating to category 1 or 2 hazard).

5

(1) Section 37 (disturbance payments for persons with compensatable interests) is amended as follows.

(2) In subsection (1)—

(a) for paragraph (b) substitute—

(b) the making of a housing order in respect of a house or building on the land;

; and

(b) in paragraph (ii) for the words from “the order” onwards substitute “ the housing order; ”.

(3) In subsection (2)(c) for “closing” substitute “ prohibition ”.

(4) In subsection (3) for the words from “any such order” onwards substitute “ a housing order within paragraph (b) of that subsection unless he was in lawful possession as aforesaid at the time when the order was made. ”

(5) In subsection (3A) for the words from “the acceptance” onwards substitute “ the carrying out of any improvement to a house or building unless he is permanently displaced in consequence of the carrying out of that improvement. ”

(6) In subsection (9) omit “or undertaking”.

6

(1) Section 39 (duty to rehouse residential occupiers) is amended as follows.

(2) In subsection (1) for paragraph (b) substitute—

(b) the making of a housing order in respect of a house or building on the land;

(3) In subsection (6) for the words from “any such order” onwards substitute “ a housing order within paragraph (b) of that subsection unless he was residing in the accommodation in question at the time when the order was made. ”

(4) In subsection (6A) for the words from “the acceptance” onwards substitute “ the carrying out of any improvement to a house or building unless he is permanently displaced from the residential accommodation in question in consequence of the carrying out of that improvement. ”

(5) In subsection (9) omit “or undertaking”.

Local Government Act 1974 (c. 7)

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Greater London Council (General Powers) Act 1981 (c. xvii)

8

In section 9(1) of the Greater London Council (General Powers) Act 1981—

(a) for the words from “a registration scheme” to “section 354 of that Act,” substitute “ a licence under Part 2 of the Housing Act 2004 ”; and

(b) for “358” substitute “ 134 ”.

Mobile Homes Act 1983 (c. 34)

9

In section 2 of the Mobile Homes Act 1983 (terms of agreements) after subsection (4) insert—

(5) The supplementary provisions in Part 3 of Schedule 1 to this Act have effect for the purposes of paragraphs 8 and 9 of Part 1 of that Schedule.

Housing Act 1985 (c. 68)

10

The Housing Act 1985 has effect subject to the following amendments.

11

In section 8(2) (periodical review of housing needs) for “section 605” substitute “ section 3 of the Housing Act 2004 ”.

12

For section 252(c) (definition of “house in multiple occupation” for purposes of Part 8) substitute—

(c) “house in multiple occupation” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act), but does not include any part of such a house which is occupied as a separate dwelling by persons who form a single household.

13

For section 268 (service of notice of demolition and closing orders) substitute—

(268) (1) A local housing authority who have made a demolition order must serve a copy of the order on every person who, to their knowledge, is— (a) an owner or occupier of the whole or part of the premises to which the order relates, (b) authorised to permit persons to occupy the whole or part of those premises, or (c) a mortgagee of the whole or part of the premises. (2) The copies required to be served under subsection (1) shall be served within the period of seven days beginning with the day on which the order is made. (3) A copy of the order is to be regarded as having been served on every occupier in accordance with subsections (1) and (2) if a copy of the order is fixed to some conspicuous part of the premises within the period of seven days mentioned in subsection (2). (4) A demolition order against which no appeal is brought under section 269 becomes operative at the end of the period of 28 days beginning with the day on which the order is made and is final and conclusive as to matters which could be raised on an appeal. (5) Section 246 of the Housing Act 2004 (service of notices)— (a) applies in relation to copies required to be served under this section (instead of section 617 below), and (b) so applies as it applies in relation to documents required to be served under any provision of Parts 1 to 4 of that Act.

14

In section 269(1) (right of appeal against demolition or closing order) for the words from “demolition or closing order” to “the order,” substitute “ demolition order may, within the period of 28 days beginning with the day on which the order is made, ”.

15

After section 269 insert—

(269A) (1) One ground of appeal under section 269 in relation to a demolition order made under section 265 is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned. (2) The courses of action are— (a) serving an improvement notice under section 11 or 12 of the Housing Act 2004; (b) making a prohibition order under section 20 or 21 of that Act; (c) serving a hazard awareness notice under section 28 or 29 of that Act; or (d) declaring the area in which the premises concerned are situated to be a clearance area in accordance with section 289 of this Act. (3) Subsection (4) applies where— (a) a residential property tribunal is hearing an appeal under section 269 in relation to a demolition order made under section 265; and (b) the grounds on which the appeal is brought are or include the ground that a course of action mentioned in subsection (2) is the best course of action in relation to each hazard concerned. (4) The tribunal shall have regard to any guidance given to the local housing authority under section 9 of the Housing Act 2004. (5) Subsection (6) applies where— (a) an appeal under section 269 is allowed against a demolition order made under section 265; and (b) the reason or one of the reasons for allowing the appeal is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned. (6) The tribunal shall, if requested to do so by the appellant or the local housing authority, include in its decision a finding to that effect and identifying the course of action concerned. (7) Subsection (1) of this section is without prejudice to the generality of section 269.

16

In section 274 (demolition orders: power to permit reconstruction of condemned house) for subsections (2) to (5) substitute—

(2) If the authority are satisfied that the result of the works will be— (a) in the case of a demolition order made under section 265(1) or (2), that the hazard concerned ceases to be a category 1 hazard, or (b) in the case of a demolition order made under section 265(3) or (4), that a prescribed state of affairs exists, they may, in order that the person submitting the proposals may have an opportunity of carrying out the works, extend for such period as they may specify the time within which the owner of the premises is required under section 271 to demolish them. (3) In subsection (2) “prescribed state of affairs” means such state of affairs as may be specified or described in an order made by the Secretary of State. (4) An order under subsection (3)— (a) may make different provision for different cases or descriptions of case (including different provision for different areas); (b) may contain such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate; and (c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) That time may be further extended by the authority, once or more often as the case may require, if— (a) the works have begun and appear to the authority to be making satisfactory progress, or (b) though they have not begun, the authority think there has been no unreasonable delay. (6) Where the authority determine to extend, or further extend, the time within which the owner of any premises is required under section 271 to demolish them, notice of the determination shall be served by the authority on every person having an interest in the premises or part of the premises, whether as freeholder, mortgagee or otherwise. (7) If the works are completed to the satisfaction of the authority they shall revoke the demolition order (but without prejudice to any subsequent proceedings under this Part or Part 1 of the Housing Act 2004).

17

After section 274 insert—

(274A) A demolition order which has been made in respect of any premises shall cease to have effect if a management order under Chapter 1 or 2 of Part 4 of the Housing Act 2004 comes into force in relation to the premises.

18

For section 275 (demolition orders: substitution of closing orders) substitute—

(275) (1) If— (a) an owner of any premises in respect of which a demolition order has become operative, or (b) any other person who has an interest in the premises, submits proposals to the local housing authority for the use of the premises for a purpose other than human habitation, the authority may, if they think fit, determine the demolition order and make a prohibition order under section 20 or 21 of the Housing Act 2004 in respect of the hazard concerned. (2) The authority shall serve notice that the demolition order has been determined, and a copy of the prohibition order, on every person on whom they are required by Part 1 of Schedule 2 to the Housing Act 2004 to serve a copy of the prohibition order.

19

(1) Section 289 (declaration of clearance area) is amended as follows.

(2) In subsection (2F)(b) for “are unfit for human habitation” substitute “ contain category 1 or category 2 hazards ”.

(3) In subsection (3)—

(a) in sub-paragraph (i), for the words from “unfit” to “health” substitute “ dangerous or harmful to health or safety ”; and

(b) in sub-paragraph (ii), for “injurious to health” substitute “ harmful to health or safety ”.

20

For section 300 (purchase of houses liable to be demolished or closed) substitute—

(300) (1) Where— (a) the local housing authority would be required under section 5 of the Housing Act 2004 to make a demolition order under section 265(1) or (2) of this Act in respect of a dwelling, a house in multiple occupation or a building containing one or more flats, and (b) it appears to them that the dwelling, house in multiple occupation or, as the case may be, building is or can be rendered capable of providing accommodation of a standard which is adequate for the time being, they may purchase it instead. (2) Where— (a) the local housing authority would be required under section 5 of the Housing Act 2004 to make a relevant prohibition order in respect of a dwelling, a house in multiple occupation or a building containing one or more flats, and (b) it appears to them that the dwelling, house in multiple occupation or, as the case may be, building is or can be rendered capable of providing accommodation of a standard which is adequate for the time being, they may purchase it instead. (3) In subsection (2) “relevant prohibition order” means a prohibition order under section 20 of the Housing Act 2004 which imposes in relation to the whole of the dwelling, house in multiple occupation or building a prohibition on its use for all purposes other than any purpose approved by the authority. (4) Where an authority have determined to purchase any premises under subsection (1)— (a) they shall serve a notice of their determination on the persons on whom they would have been required by section 268(1) to serve a copy of a demolition order, and (b) sections 268(4) and 269(1), (2), (3) and (6) (operative date and right of appeal) apply to such a notice as they apply to a demolition order. (5) Where an authority have determined to purchase any premises under subsection (2)— (a) they shall serve a notice of their determination on the persons on whom they would have been required by Part 1 of Schedule 2 to the Housing Act 2004 (service of prohibition orders) to serve a copy of the relevant prohibition order; and (b) section 24 of that Act and Parts 1 and 3 of that Schedule (operative date, right of appeal etc.) apply to such a notice as they apply to a prohibition order which is not suspended or to appeals against such an order (as the case may be). (6) At any time after the notice has become operative the authority may purchase the dwelling, house in multiple occupation or building by agreement or be authorised by the Secretary of State to purchase it compulsorily. (7) This section does not apply where section 304(1) applies (listed building or building protected pending listing).

21

For section 304 (closing orders in relation to listed buildings) substitute—

(304) (1) A local housing authority shall not make a demolition order under section 265 (power to make a demolition order) in respect of a listed building. (2) Where a dwelling, house in multiple occupation or building in respect of which a demolition order has been made becomes a listed building, the local housing authority shall determine the order (whether or not it has become operative). (3) The local housing authority shall serve notice that the demolition order has been determined on every person on whom they would be required by section 268 to serve a copy of a new demolition order in relation to the premises. (4) The Secretary of State may give notice in respect of a dwelling, house in multiple occupation or building to the local housing authority stating that its architectural or historic interest is sufficient to render it inexpedient that it should be demolished pending determination of the question whether it should be a listed building; and the provisions of this section apply to a dwelling, house in multiple occupation or building in respect of which such a notice is in force as they apply to a listed building.

22

In section 307(1) (saving for rights arising from breach of covenant etc.) for the words from “relating to” to “prejudices” substitute “ relating to the demolition or purchase of unfit premises prejudices ”.

23

In section 308(3) (approval of owner’s proposals for re-development)—

(a) after “Part” insert “ or Chapter 2 of Part 1 of the Housing Act 2004 ”; and

(b) for “, closing or purchase of unfit premises” substitute “ or purchase of premises or the prohibition of uses of premises ”.

24

Omit section 310 (certificate of fitness for human habitation resulting from owner’s improvements or alterations).

25

In section 318(1)(a) (power of court to authorise execution of works on unfit premises or for improvement)—

(a) for “dwelling-houses” substitute “ dwellings ”; and

(b) for “injurious to health or unfit for human habitation” substitute “ harmful to health or safety ”.

26

For section 322 substitute—

(322) (1) In this Part the following expressions have the same meaning as in Part 1 of the Housing Act 2004 (see sections 1(5) to (7) and 2(1) of that Act)— - “building containing one or more flats”, - “category 1 hazard”, - “category 2 hazard”, - “common parts”, in relation to a building containing one or more flats, - “dwelling”, - “flat”, - “hazard”. (2) In this Part— - “health” includes mental health; - “house in multiple occupation” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act); - “owner”, in relation to premises— 1. means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in premises, whether in possession or reversion, and 2. includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years; - “premises” in relation to a demolition order, means the dwelling, house in multiple occupation or building in respect of which the order is made. (3) This Part applies to unoccupied HMO accommodation (as defined by section 1(5) of the Housing Act 2004) as it applies to a house in multiple occupation, and references to a house in multiple occupation in this Part are to be read accordingly.

27

In section 323 (index of defined expressions: Part 9) insert at the appropriate places—

building containing one or more flats	section 322
category 1 hazard	section 322
---	---
category 2 hazard	section 322
---	---
common parts	section 322
---	---
dwelling	section 322
---	---
hazard	section 322
---	---
health	section 322
---	---
residential property tribunal	section 229 of the Housing Act 2004
---	---

28

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