Housing Act 2004

In section 439 (requirements as to fitness of premises before advancing money for certain purposes), omit subsections (1) and (2).

29

In section 582 (compulsory purchase orders: restriction on recovery of possession of houses in multiple occupation) for subsection (8) substitute—

(8) In this section “house in multiple occupation” has the meaning given by sections 254 to 259 of the Housing Act 2004 for the purposes of that Act (other than Part 1).

30

For section 584A (compensation payable in case of closing and demolition orders) substitute—

(584A) (1) Subject to subsection (3), where a relevant prohibition order becomes operative in respect of any premises or a demolition order under section 265 is made in respect of any premises, the local housing authority shall pay to every owner of the premises an amount determined in accordance with subsection (2). (2) The amount referred to in subsection (1) is the diminution in the compulsory purchase value of the owner’s interest in the premises as a result of the coming into operation of the relevant prohibition order or, as the case may be, the making of the demolition order; and that amount— (a) shall be determined as at the date of the coming into operation or making of the order in question; and (b) shall be determined (in default of agreement) as if it were compensation payable in respect of the compulsory purchase of the interest in question and shall be dealt with accordingly. (3) In any case where— (a) a relevant prohibition order has been made in respect of any premises, and (b) that order is revoked and a demolition order is made in its place, the amount payable to the owner under subsection (1) in connection with the demolition order shall be reduced by the amount (if any) paid to the owner or a previous owner under that subsection in connection with the relevant prohibition order. (4) For the purposes of this section— - “compulsory purchase value”, in relation to an owner’s interest in premises, means the compensation which would be payable in respect of the compulsory purchase of that interest if it fell to be assessed in accordance with the Land Compensation Act 1961; - “premises”, in relation to a demolition order, has the meaning given by section 322; - “premises”, in relation to a prohibition order, means premises which are specified premises in relation to the order within the meaning of Part 1 of the Housing Act 2004; - “relevant prohibition order” means a prohibition order under section 20 or 21 of the Housing Act 2004 which imposes in relation to the whole of any premises a prohibition on their use for all purposes other than any purpose approved by the authority.

31

For section 584B (repayment on revocation of demolition or closing order) substitute—

(584B) (1) Where a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a demolition order or relevant prohibition order and— (a) the demolition order is revoked under section 274 (revocation of demolition order to permit reconstruction of premises), or (b) the relevant prohibition order is revoked under section 25(1) or (2) of the Housing Act 2004, then, if at that time the person to whom the payment was made has the same interest in the premises as he had at the time the payment was made, he shall on demand repay to the authority the amount of the payment. (2) In any case where— (a) a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a relevant prohibition order, and (b) by virtue of section 25(3) of the Housing Act 2004, the order is revoked as respects part of the premises and not varied, and (c) the person to whom the payment was made (in this section referred to as “the recipient”) had at the time the payment was made, an owner’s interest in the part of the premises concerned (whether or not he had such an interest in the rest of the premises), then, if at the time of the revocation of the relevant prohibition order the recipient has the same interest in the premises as he had at the time the payment was made, he shall on demand pay to the authority an amount determined in accordance with subsections (4), (5) and (6). (3) In any case where— (a) a payment in respect of any premises has been made by a local housing authority under section 584A(1) in connection with a relevant prohibition order, and (b) by virtue of section 25(4) of the Housing Act 2004, the order is varied, then, if at the time of the variation of the order the recipient has the same interest in the premises as he had at the time the payment was made, he shall on demand pay to the authority an amount determined in accordance with subsections (4), (5) and (6). (4) The amount referred to in subsection (2) or (3) is whichever is the less of— (a) the amount by which the value of the interest of the recipient in the premises increases as a result of the revocation or variation of the relevant prohibition order; and (b) the amount paid to the recipient under section 584A(1) in respect of his interest in the premises; and the amount referred to in paragraph (a) shall be determined as at the date of the revocation or variation of the relevant prohibition order. (5) For the purpose of assessing the amount referred to in subsection (4)(a), the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land. (6) Any dispute as to the amount referred to in subsection (4)(a) shall be referred to and determined by the Lands Tribunal; and section 2 and subsections (1)(a) and (4) to (6) of section 4 of the Land Compensation Act 1961 shall, subject to any necessary modifications, apply for the purposes of this section as they apply for the purposes of that Act. (7) In this section “premises” and “relevant prohibition order” have the same meaning as in section 584A.

Landlord and Tenant Act 1985 (c. 70)

32

• (1) Section 20C of the Landlord and Tenant Act 1985 (limitation of service charges: costs of proceedings) is amended as follows.

• (2) In subsection (1) after “a court” insert “ , residential property tribunal ”.

• (3) In subsection (2) after paragraph (a) insert—

(aa) in the case of proceedings before a residential property tribunal, to a leasehold valuation tribunal;

.

Housing Act 1988 (c. 50)

33

In paragraph 47 of Schedule 17 to the Housing Act 1988 (amendments of Part 9 of Housing Act 1985) for “sections 264(5), 270(3), 276 and 286(3)” substitute “ section 270(3) ”.

Local Government and Housing Act 1989 (c. 42)

34

In section 100 of the Local Government and Housing Act 1989 (interpretation of Part 7) for the definition of “house in multiple occupation” substitute—

“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;

.

35

In section 195(2) of that Act (short title, commencement and extent) for “167” substitute “ 168 ”.

Water Industry Act 1991 (c. 56)

36

For paragraph 2(2) of Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges) substitute—

(2) In this paragraph “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).

Health Service Commissioners Act 1993 (c. 46)

37

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

Home Energy Conservation Act 1995 (c. 10)

38

For paragraph (aa)(i) of the definition of “residential accommodation” in section 1(1) of the Home Energy Conservation Act 1995 (interpretation) substitute—

(i) in England and Wales, 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),

.

Gas Act 1995 (c. 45)

39

In paragraph 2 of Schedule 4 to the Gas Act 1995 (statutory undertakers), in sub-paragraph (1)(xxxvi) for “sections 283(2) and” substitute “ section ”.

Housing Act 1996 (c. 52)

40

The Housing Act 1996 has effect subject to the following amendments.

41

In section 52(1) (general provisions as to orders) after “17,” insert “ 27A, ”.

42

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

43

In section 210 (homelessness: suitability of accommodation)—

• (a) for “Parts IX, X and XI” substitute “ Parts 9 and 10 ”; and

• (b) for “; overcrowding; houses in multiple occupation)” substitute “ and overcrowding) and Parts 1 to 4 of the Housing Act 2004 ”.

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

44

In section 24 of the Housing Grants, Construction and Regeneration Act 1996 (considerations of fitness before approving applications for certain grants), omit subsection (4).

Government of Wales Act 1998 (c. 38)

45

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

Freedom of Information Act 2000 (c. 36)

46

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

Local Government Act 2003 (c. 26)

47

In section 87 of the Local Government Act 2003 (housing strategies and statements) for subsection (4) substitute—

(4) In this section— “housing” includes accommodation needs for gypsies and travellers within the meaning of section 225 of the Housing Act 2004; “local housing authority” has the same meaning as in the Housing Act 1985 (c. 68).

SCHEDULE 16

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

Category 1 hazards: general duty to take enforcement action

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

Reasons for decision to take enforcement action

Consultation with fire and rescue authorities in certain cases

Review of suspended improvement notices

Review of suspended prohibition orders

Notice of emergency remedial action

Appeals relating to emergency measures

Clearance areas

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

Recovery of charge under section 49

Repeal of provisions relating to demolition of obstructive buildings

Miscellaneous repeals etc. in relation to fire hazards

Index of defined expressions: Part 1

Licensing of HMOs to which this Part applies

Duty to revoke licence in banning order cases

Other consequences of operating unlicensed HMOs: rent repayment orders

Procedural requirements and appeals against licence decisions

Other consequences of operating unlicensed HMOs: rent repayment orders

Other consequences of operating unlicensed HMOs: restriction on terminating tenancies

Transitional arrangements relating to introduction and termination of licensing

Index of defined expressions: Part 2

Designation of selective licensing areas

Licences: general requirements and duration

Revocation of licences

Offences in relation to licensing of houses under this Part

Further provisions about rent repayment orders

Other consequences of operating unlicensed houses: restriction on terminating tenancies

Index of defined expressions: Part 3

Interim and final management orders: introductory

Making of interim management orders

The health and safety condition

Effect of management orders: furniture

Revocation and variation of overcrowding notices

Extension of introductory tenancies

Section 156 (1) duty: imposition of conditions

Other duties of person acting as estate agent

Extension of qualifying period for right to buy

Application of Part to sub-divided buildings

Power to require estate agents to belong to a redress scheme

Extension of introductory tenancies

Extension of qualifying period for right to buy

Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies

Exceptions to the right to buy: houses due to be demolished

Right to buy: claim suspended or terminated by demolition notice

Landlord’s notice to complete

Deferred resale agreements

Repayment of discount: increase attributable to home improvements to be disregarded

Meaning of “HMO”

Right of first refusal for landlord etc.

sInformation to help tenants decide whether to exercise right to buy etc.

Disclosure of information as to orders etc. in respect of anti-social behaviour

Secure tenancies: withholding of consent to mutual exchange

Right to buy: suspension by court order

Right to buy: suspension of landlord’s obligation to complete

Repayment of discount: increase attributable to home improvements to be disregarded

Repayment of discount: periods and amounts applicable

Repayment of discount: increase attributable to home improvements to be disregarded

Interim and final management orders: introductory

Special interim management orders

Registered social landlord’s right of first refusal

Interim and final management orders: introductory

Special interim management orders

Implied terms relating to termination of agreements or disposal of mobile homes

Extension of qualifying period for right to buy

Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies

Exceptions to the right to buy: houses due to be demolished

Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies

Landlord’s notice to complete

Right of first refusal for landlord etc.

Proceedings relating to tenancy deposits

Repayment of discount: periods and amounts applicable

Disabled facilities grant: caravans

Rights of pre-emption in connection with assured tenancies

Allocation of housing accommodation by local authorities

Disabled facilities grant: caravans

Repayment of discount: periods and amounts payable

Licences and other documents in electronic form

False or misleading information

HMOs: persons not forming a single household

Deferred resale agreements

HMO declarations

Revocation of HMO declarations

HMOs: presumption that sole use condition or significant use condition is met

Housing action trust’s right of first refusal

Calculation of numbers of persons

Deferred resale agreements

Right of assured tenant to acquire dwelling not affected by collective enfranchisement

Calculation of numbers of persons

Service of improvement notices: premises licensed under Part 2 or 3

Service of improvement notices: premises which are neither licensed under Part 2 or 3 nor flats

Service of improvement notices: flats which are not licensed under Part 2 or 3

Service of improvement notices: common parts

Service of copies of improvement notices

Notice of revocation or variation

Notice of refusal to revoke or vary notice

Appeal against improvement notice

Appeal against decision relating to variation or revocation of improvement notice

Time limit for appeal

Powers of ... tribunal on appeal under paragraph 10

Powers of ... tribunal on appeal under paragraph 13

“The operative time” for the purposes of section 15(5)

“The operative time” for the purposes of section 16(7)

Service on owners and occupiers of dwelling or HMO which is not a flat

Service on owners and occupiers of building containing flats etc.

Notice of revocation or variation

Notice of refusal to revoke or vary order

Appeal against prohibition order

Appeal against decision relating to revocation or variation of prohibition order

Time limit for appeal

Powers of ... tribunal on appeal under paragraph 7

Powers of ... tribunal on appeal under paragraph 9

“The operative time” for the purposes of section 24(5)

“The operative time” for the purposes of section 25(7)

Meaning of “relevant person”

Power to take action by agreement

Expenses of taking action by agreement

Power to take action without agreement

Notice requirements in relation to taking action without agreement

Obstruction of action taken without agreement

Expenses in relation to taking action without agreement

Introductory

Recovery of expenses

Service of demand

Interest

Appeals

Expenses and interest recoverable from occupiers

Expenses and interest to be a charge on the premises

Recovery of expenses and interest from other persons profiting from taking of action

Conditions to be included in licences under Part 2 or 3

Additional conditions to be included in licences under Part 3

Power to prescribe conditions

Interpretation

Requirements before grant of licence

Requirements before refusal to grant licence

Requirements following grant or refusal of licence

Exceptions from requirements in relation to grant or refusal of licences

Meaning of “the end of the consultation period”

Meaning of “licence” and “relevant person”

Variation of licences

Exceptions from requirements of paragraph 14

Refusal to vary a licence

Revocation of licences

Exception from requirements of paragraph 22

Refusal to revoke a licence

Meaning of “the end of the consultation period”

Meaning of “licence” and “relevant person”

Right to appeal against refusal or grant of licence

Right to appeal against decision or refusal to vary or revoke licence

Time limits for appeals

Powers of ... tribunal hearing appeal

“The operative time” for the purposes of section 69(6), 70(8), 92(3) or 93(5)

Meaning of “licence” and “relevant person”

Requirements before making final management order

Exceptions from requirements relating to making of final management order

Requirements following making of interim or final management order

Meaning of “the end of the consultation period” and “relevant person”

Variation of management orders

Exceptions from requirements of paragraph 9

Refusal to vary interim or final management order

Revocation of management orders

Refusal to revoke management order

Meaning of “the end of the consultation period” and “relevant person”

Right to appeal against making of order etc.

Time limits for appeals under paragraph 24

Powers of ... tribunal on appeal under paragraph 24

“The operative time” for the purposes of section 114(2)

Right to appeal against decision or refusal to vary or revoke interim management order

Time limits for appeals under paragraph 28

Powers of ... tribunal on appeal under paragraph 28

“The operative time” for the purposes of section 111(2), 112(2), 121(2) or 122(2)

Right to appeal against decision in respect of compensation payable to third parties

Time limits for appeals under paragraph 32

Powers of ... tribunal on appeal under paragraph 32

Meaning of “relevant person”

Operation of interim EDMOs

General effect of interim EDMOs

General effect of interim EDMOs: leases and licences granted by authority

General effect of interim EDMOs: relevant proprietor, mortgagees etc.

Financial arrangements while order is in force

Variation or revocation of interim EDMOs

Operation of final EDMOs

General effect of final EDMOs

General effect of final EDMOs: leases and licences granted by authority

General effect of final EDMOs: relevant proprietor, mortgagees etc.

Management scheme and accounts

Application to residential property tribunal in respect of breach of management scheme

Variation or revocation of final EDMOs

Effect of EDMOs: persons occupying or having a right to occupy the dwelling

Effect of EDMOs: agreements and legal proceedings

Effect of EDMOs: furniture

EDMOs: power to supply furniture

Power of a ... tribunal to determine certain leases and licences

Termination of EDMOs: financial arrangements

Termination of EDMOs: leases, agreements and proceedings

EDMOs: power of entry to carry out work

Appeals: decisions relating to EDMOs

Appeals: time limits for appeals under paragraph 26

Appeals: powers of ... tribunal on appeal under paragraph 26

“The operative time” for the purposes of paragraph 9(2)

Right to appeal against decision or refusal to vary or revoke EDMO

Time limits for appeals under paragraph 30

Powers of ... tribunal on appeal under paragraph 30

“The operative time” for the purposes of paragraphs 6, 7, 15 and 16

Right to appeal against decision in respect of compensation payable to third parties

Time limits for appeals under paragraph 34

Powers of ... tribunal on appeal under paragraph 34

Meaning of “relevant person” for the purposes of this Part

Schemes to be custodial schemes or insurance schemes

Provisions applying to custodial and insurance schemes

Custodial Schemes:general

Custodial schemes: termination of tenancies

Custodial schemes: termination of tenancies - absent or un-cooperative landlord or tenant

4A

• (1) The provision made by a custodial scheme for the purposes of paragraph 4(1) in relation to the treatment of the relevant amount at the end of a tenancy must include provision—

• (a) for enabling the landlord, if he considers that the conditions set out in sub-paragraph (2) are met, to apply to the scheme administrator for the whole or a specified part of the relevant amount (“ the amount claimed ”) to be paid to him; and

• (b) for such an application to be dealt with by the scheme administrator in accordance with the provisions of paragraph 4C.

• (2) Such an application may be made if—

• (a) at least 14 days have elapsed since the day on which the tenancy ended;

• (b) the landlord and tenant have not reached an agreement under paragraph 4(2) with respect to the amount claimed;

• (c) either sub-paragraph (3) or sub-paragraph (4) applies; and

• (d) the landlord believes that he is entitled to be paid the amount claimed and that the amount claimed is referable to sums falling within sub-paragraph (5).

• (3) This sub-paragraph applies if the landlord has no current address for, or other means of contacting, the tenant.

• (4) This sub-paragraph applies if—

• (a) the tenant has, since the tenancy ended, received from the landlord a written notice asking whether the tenant accepts that the landlord should be paid the whole or a specified part of the relevant amount; and

• (b) the tenant has failed to respond to that notice within the period of 14 days beginning with the day on which he received the notice by indicating to the landlord whether he accepts that the landlord should be paid the relevant amount or the specified part of it (as the case may be).

• (5) The amount claimed must be referable to—

• (a) an amount of unpaid rent or any other sum due under the terms of the tenancy; or

• (b) a liability of the tenant to the landlord arising under or in connection with the tenancy in respect of—

• (i) damage to the premises subject to the tenancy, or

• (ii) loss of or damage to property on those premises,

4B

• (1) The provision made by a custodial scheme for the purposes of paragraph 4(1) in relation to the treatment of the relevant amount at the end of a tenancy must include provision—

• (a) for enabling the tenant, if he considers that the conditions set out in sub-paragraph (2) are met, to apply to the scheme administrator for the whole or a specified part of the relevant amount (“ the amount claimed ”) to be paid to him; and

• (b) for such an application to be dealt with by the scheme administrator in accordance with the provisions of paragraph 4C.

• (2) Such an application may be made if—

• (a) at least 14 days have elapsed since the day on which the tenancy ended;

• (b) the landlord and tenant have not reached an agreement under paragraph 4(2) with respect to the amount claimed;

• (c) either sub-paragraph (3) or sub-paragraph (4) applies; and

• (d) the tenant believes that he is entitled to be paid the amount claimed.

• (3) This sub-paragraph applies if the tenant has no current address for, or other means of contacting, the landlord.

• (4) This sub-paragraph applies if—

• (a) the landlord has, since the tenancy ended, received from the tenant a written notice asking whether the landlord accepts that the tenant should be paid the whole or a specified part of the relevant amount; and

• (b) the landlord has failed to respond to that notice within the period of 14 days beginning with the day on which he received the notice by indicating to the tenant whether he accepts that the tenant should be paid the relevant amount or the specified part of it (as the case may be).

• (5) If sub-paragraph (4) applies and the notice specifies part of the relevant amount, the amount claimed in the application must not exceed the specified part.

• (6) The application must be accompanied by a statutory declaration made by the tenant stating—

• (a) the date on which the tenancy ended;

• (b) that the landlord and the tenant have not reached any agreement under paragraph 4(2) with respect to the amount claimed, with details of any communications between them since that date (whether relating to the relevant amount or otherwise);

• (c) if the tenant relies on the condition in sub-paragraph (3), that he has no current address for, or other means of contacting, the landlord, giving particulars of any address and other contact details (including telephone numbers or e mail addresses) which the tenant has had for the landlord;

• (d) if the tenant relies on the condition in sub-paragraph (4), that the condition is met, with particulars of the facts relied on to demonstrate that it is met and attaching a copy of the notice given to the landlord;

• (e) any information he has as to the whereabouts of the landlord;

• (f) that he gives his consent, in the event of the landlord disputing that the tenant should be paid the amount claimed, for the dispute to be resolved through the use of the dispute resolution service;

• (g) that he considers that he is entitled to be paid the amount claimed; and

• (h) that he makes the statutory declaration knowing that if he knowingly and wilfully makes a false declaration he may be liable to prosecution under the Perjury Act 1911.

4C

• (1) Immediately upon receipt of—

• (a) a duly completed application from the landlord, accompanied by a statutory declaration which appears to meet the requirements of paragraph 4A(7), or

• (b) a duly completed application from the tenant, accompanied by a statutory declaration which appears to meet the requirements of paragraph 4B(6),

the scheme administrator must give to the tenant or, as the case may be, the landlord (“the other party”) a copy of the application and accompanying statutory declaration and a notice under sub-paragraph (2).

• (2) A notice under this sub-paragraph is a notice—

• (a) asking the other party to indicate—

• (i) whether he accepts that the applicant should be paid the whole or part of the amount claimed;

• (ii) if he accepts that part of the amount claimed should be paid, the amount he accepts should be paid; and

• (iii) if he does not accept that the applicant should be paid the whole of the amount claimed, whether he consents to the dispute being resolved through the use of the dispute resolution service; and

• (b) warning the other party that—

• (i) the amount claimed will be paid to the applicant unless, within the relevant period, the other party informs the scheme administrator that he does not accept that the whole of the amount claimed should be paid to the applicant; and

• (ii) if the other party responds to the scheme administrator informing him that he does not accept that the whole of the amount claimed should be paid to the applicant, but fails to respond within the relevant period to the question mentioned in paragraph (a)(iii), he will be treated as having given his consent for the dispute to be resolved through the use of the dispute resolution service.

• (3) If within the relevant period the scheme administrator receives a response from the other party to the effect that he accepts that the amount claimed should be paid to the applicant—

• (a) the application must be granted; and

• (b) the scheme administrator must arrange for the amount claimed to be paid to the applicant within the period of 10 days beginning with the day on which the scheme administrator receives that response.

• (4) If within the relevant period the scheme administrator receives a response from the other party to the effect that he does not accept that the applicant should be paid any of the amount claimed—

• (a) the application must be refused;

• (b) the scheme administrator must not pay the amount claimed to either party except in accordance with the relevant provisions of paragraph 4; and

• (c) the scheme administrator must inform the applicant of the other party's response to the questions asked in the notice under sub-paragraph (2).

• (5) If within the relevant period the scheme administrator receives a response from the other party to the effect that he accepts that part of the amount claimed should be paid to the applicant—

• (a) sub-paragraph (3) applies in relation to that part of the amount claimed; and

• (b) sub-paragraph (4) applies to so much of the application as relates to the rest of the amount claimed.

• (6) If the scheme administrator does not, within the relevant period, receive a response from the other party indicating whether he accepts that the whole or part of the amount claimed should be paid to the applicant, the scheme administrator must arrange for the amount claimed to be paid to the applicant within the period of 10 days beginning with the day after the last day of the relevant period.

• (7) If within the relevant period the scheme administrator receives a response from the other party to the effect that he does not accept that the applicant should be paid the whole of the amount claimed but the other party fails within that period to indicate whether he consents to the dispute being resolved through the use of the dispute resolution service—

• (a) the other party is to be treated as having given his consent to the use of that service; and

• (b) the scheme administrator must inform the applicant that such consent is treated as having been given.

• (8) In this paragraph “ the relevant period ”, in relation to the application, means the period of 14 days beginning with the day on which the notice mentioned in sub-paragraph (2) is received by the other party.

Insurance schemes: general

Requirements where deposit is to cease to be retained under an insurance scheme

5A

• (1) This paragraph applies in relation to—

• (a) a notice of the kind mentioned in paragraph 5(1A)(b) or (3B), or

• (b) a notice from the scheme administrator stating that he proposes to terminate a landlord's membership of the scheme under paragraph 5(4),

given in accordance with an insurance scheme.

• (2) The scheme must make provision for the scheme administrator, in the case of a notice of the kind mentioned in paragraph 5(1A)(b) which has not been not withdrawn—

• (a) to determine the date on which the tenancy deposit is to cease to be retained under the scheme; and

• (b) to give a notice under sub-paragraph (4) to the landlord and to the tenant.

• (3) The scheme must make provision for the scheme administrator, in the case of a notice of the kind mentioned in paragraph 5(3B), to take the following steps after the end of the period of 14 days beginning with the day on which that notice is received—

• (a) to determine whether the deposit should cease to be retained under the scheme and, if so, the date on which it is to cease to be so retained;

• (b) if the determination is that the deposit should continue to be retained under the scheme, to give a notice of the determination to the landlord;

• (c) if the determination is that the deposit should cease to be so retained, to give a notice under sub-paragraph (4) to the landlord and to the tenant.

• (4) A notice under this sub-paragraph is a notice—

• (a) identifying the tenancy deposit in question;

• (b) informing the recipients of the notice of the determination made by the scheme administrator and stating the date when the deposit ceases to be retained under the scheme; and

• (c) giving a general explanation of the continuing effect of sections 213 to 215 of this Act in relation to the deposit (including in particular the effect of section 213 as modified by sub-paragraph (9)).

• (5) The scheme must make provision for the scheme administrator, in the case of a notice of the kind mentioned in sub-paragraph (1)(b), to take the following steps after the end of the period of 14 days beginning with the day on which that notice is received—

• (a) to determine whether to terminate the landlord's membership and, if so, the date on which his membership is to terminate;

• (b) if the determination is that the landlord should continue as a member, to give a notice of the determination to the landlord; and

• (c) if the determination is that the membership should be terminated, to give a notice under sub-paragraph (6) to the landlord and to the tenant under any tenancy in relation to which a deposit affected by the determination is retained under the scheme.

• (6) A notice under this sub-paragraph is a notice—

• (a) informing the recipients of the notice of the determination by the scheme administrator that the landlord's membership of the scheme is to be terminated and stating the date on which his membership terminates;

• (b) giving a general explanation of the effect of the termination on any tenancy deposits retained by the landlord under the scheme; and

• (c) giving a general explanation of the continuing effect of sections 213 to 215 of this Act in relation to any tenancy deposits that cease to be retained under the scheme as a result of the termination of membership (including in particular the effect of section 213 as modified by sub-paragraph (9)).

• (7) The date determined under sub-paragraph (2)(a), (3)(a) or (5)(a) must not be within the period of three months beginning with the day on which the original notice mentioned in sub-paragraph (1) was received.

• (8) A notice under sub-paragraph (4) or (6) must be given at least two months before the date on which the deposit ceases to be retained under the scheme or the landlord's membership terminates (as the case may be).

• (9) In the application of section 213 to a tenancy deposit which ceases to be retained under an insurance scheme (“the old scheme”) by virtue of a determination mentioned in this paragraph—

• (a) references to receiving the deposit include a reference to ceasing to retain it under the terms of the old scheme;

• (b) subsection (3) has effect as if for the words “within the period of 30 days beginning with the date on which it is received” there were substituted before the deposit ceases to be retained under the old scheme; and

• (c) subsection (6)(b) has effect as if the reference to the date on which the landlord receives the deposit were a reference to the date on which the deposit ceases to be retained under the old scheme.

Insurance schemes: termination of tenancies

Notice to be sent to landlord when a direction under paragraph 6(3) is given

6A

• (1) This paragraph applies where the scheme administrator of an insurance scheme gives a direction under paragraph 6(3) to a landlord.

• (2) The scheme administrator must also send to the landlord a notice—

• (a) asking the landlord to indicate—

• (i) whether he accepts that the tenant should be repaid the whole or part of the outstanding amount;

• (ii) if he accepts that part of it should be repaid, the amount he accepts should be repaid; and

• (iii) if he does not accept that the tenant should be repaid the whole of the outstanding amount, whether he consents to the dispute being resolved through the use of the dispute resolution service; and

• (b) warning the landlord that if he does not accept that the tenant should be repaid the whole of the outstanding amount but fails to respond within the relevant period to the question mentioned in paragraph (a)(iii), he will be treated as having given his consent for the dispute to be resolved through the use of that service.

• (3) If the scheme administrator does not, within the relevant period, receive a response from the landlord indicating whether he accepts that the whole or part of the outstanding amount should be paid to the tenant—

• (a) the scheme administrator must treat the lack of a response as an indication that the landlord does not accept that the tenant should be repaid any of the outstanding amount;

• (b) the scheme administrator must determine forthwith whether he is satisfied that the notice was received by the landlord;

• (c) if the scheme administrator determines that he is satisfied that it was so received, the landlord is to be treated as having given his consent for the dispute to be resolved through the use of the dispute resolution service; and

• (d) the scheme administrator must inform the tenant and the landlord whether or not such consent is to be treated as having been given.

• (4) If within the relevant period the scheme administrator receives a response to the notice under sub-paragraph (2) to the effect that the landlord does not accept that the tenant should be repaid the whole of the outstanding amount but the landlord fails within that period to indicate whether he consents to the dispute being resolved through the dispute resolution service—

• (a) the landlord is to be treated as having given his consent for the dispute to be resolved through the use of that service; and

• (b) the scheme administrator must inform the tenant and the landlord that such consent is to be treated as given.

• (5) In this paragraph—

• “ the outstanding amount ” has the same meaning as in paragraph 6;

• “ the relevant period ” means the period of 10 working days beginning with the day after that on which the notice referred to in sub-paragraph (2) is sent; and

• “working days” shall be taken to exclude Saturdays, Sundays, Christmas Day, Good Friday and any day which, under the Banking and Financial Dealings Act 1971 , is a bank holiday in England and Wales.

Insurance schemes – supplementary provisions

Notifications to tenants

Dispute resolution procedures

Service of documents: general

10A

A tenancy deposit scheme may make provision as to the methods which may be used for giving or sending any direction, notice or other document which falls to be given or sent under the scheme.

Service of documents by scheme administrator on landlords

10B

• (1) The provision made by a tenancy deposit scheme under paragraph 10A may include provision for any direction, notice or other document mentioned in this Schedule which is to be given or sent to a landlord by the scheme administrator to be treated as having been received on the second day after the day on which it is sent by first class post to the landlord at the address last provided by him to the scheme administrator as the postal address to which correspondence may be sent.

• (2) Sub-paragraph (1) does not apply to the notice mentioned in paragraph 6A(2).

• (3) Provision made under sub-paragraph (1) may require the scheme administrator—

• (a) to send a document to an address other than that mentioned in that sub-paragraph; or

• (b) to use or attempt to use any other available means of communication,

before sending a document which is to be treated as having been received as mentioned in that sub-paragraph.

Service of documents by scheme administrator on tenants

10C

• (1) The provision made by a tenancy deposit scheme under paragraph 10A may include provision for any notice or other document mentioned in this Schedule which is to be given or sent to a tenant by the scheme administrator to be treated as having been received on the second day after the day on which it is sent by first class post to the tenant at the proper address.

• (2) In the case of a notice mentioned in paragraph 4C(2), the proper address is—

• (a) the address (if any) last provided to the scheme administrator as the address to which correspondence may be sent; or

• (b) if no such address has been provided, the address given in the landlord's statutory declaration as the tenant's last known address or, if the scheme administrator has a more recent address for the tenant, that address.

• (3) In the case of a notice of the kind mentioned in paragraph 5A(4) or (6), the proper address is the address of the premises subject to the tenancy in question.

• (4) Provision made under sub-paragraph (1) may require the scheme administrator—

• (a) to send a document to an address other than the proper address, or

• (b) to use or attempt to use any other available means of communication,

before sending a document which is to be treated as having been received as mentioned in that sub-paragraph

Power to amend

Interpretation

Housing Associations Act 1985 (c. 69)

Housing Act 1988 (c. 50)

Housing Act 1996 (c. 52)

Procedure regulations

Applications and appeals

Transfers

Parties etc.

Information

Pre-trial reviews etc.

Interim orders

Additional relief

Dismissal

Determination without hearing

Fees

Costs

Enforcement

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

Buildings controlled or managed by public sector bodies etc.

Buildings regulated otherwise than under this Act

Buildings occupied by students

Buildings occupied by religious communities

Buildings occupied by owners

Buildings occupied by two persons

Parliamentary Commissioner Act 1967 (c. 13)

Land Compensation Act 1973 (c. 26)

Local Government Act 1974 (c. 7)

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

Mobile Homes Act 1983 (c. 34)

Housing Act 1985 (c. 68)

Landlord and Tenant Act 1985 (c. 70)

Housing Act 1988 (c. 50)

Local Government and Housing Act 1989 (c. 42)

Water Industry Act 1991 (c. 56)

Health Service Commissioners Act 1993 (c. 46)

Home Energy Conservation Act 1995 (c. 10)

Gas Act 1995 (c. 45)

Housing Act 1996 (c. 52)

Housing Grants, Construction and Regeneration Act 1996 (c. 53)

Government of Wales Act 1998 (c. 38)

Freedom of Information Act 2000 (c. 36)

Local Government Act 2003 (c. 26)

Editorial notes