- Reaction score
- 3,918
PART 4Urgent remedial action
Urgent remedial action
10.—(1) Where—(a)the report under regulation 3(3)(a) indicates that urgent remedial action is required in relation to the residential premises, and
(b)the local housing authority in whose area the residential premises are situated is satisfied on the balance of probabilities that a private landlord is in breach of the duty under regulation 3(4) to undertake the required remedial or investigative work in relation to those residential premises within the period specified in the report,
the authority may, with the consent of the tenant or tenants of those residential premises, arrange for an authorised person to take the urgent remedial action.
(2) Subject to paragraph (5), the power of the local housing authority to arrange remedial action conferred by paragraph (1) may be exercised at any time.
(3) The local housing authority must serve a notice on the private landlord and—
(a)every person who to the authority’s knowledge is an occupier of the premises in relation to which the authorised person is taking urgent remedial action; or
(b)fix the notice to some conspicuous part of the premises;
within the period of seven days beginning with the day on which the authorised person commences the urgent remedial work.
(4) The notice required by regulation 10(3) must specify and explain—
(a)the nature of the urgent remedial action required;
(b)the premises in relation to which that urgent remedial action was (or is being or is to be) taken by the authority;
(c)the power under which that urgent remedial action was (or is being or is to be) taken by the authority;
(d)the date when that urgent remedial action was (or is to be) started;
(e)the right to appeal under regulation 7 against the decision of the authority to take the urgent remedial action;
(f)the period within which an appeal may be made; and
(g)the effect of regulations 11 and 12, including the maximum financial penalty which an authority may impose.
(5) An authorised person must—
(a)give not less than 48 hours’ notice of the urgent remedial action to the tenant or tenants of the residential premises on which it is to be taken; and
(b)if required to do so by the private landlord or a tenant, produce evidence of identity and authority.
(6) Regulation 7 applies to the taking of urgent remedial action as it applies to the taking of remedial action, save that—
(a)an appeal under regulation 7(2) must (instead of being made in accordance with regulation 7(3)) be made within the period of 28 days beginning with the date specified in the notice, under sub-paragraph (4)(d), as the date when the urgent remedial action was (or was to be) started; and
(b)regulation 7(5) does not apply to urgent remedial action.
PART 5Financial penalties
Financial penalties for breach of duties
11.—(1) Where a local housing authority is satisfied, beyond reasonable doubt, that a private landlord has breached a duty under regulation 3, the authority may impose a financial penalty (or more than one penalty in the event of a continuing failure) in respect of the breach.(2) A financial penalty—
(a)may be of such amount as the authority imposing it determines; but
(b)must not exceed £30,000.
Procedure for and appeals against financial penalties
12. Schedule 2 to these Regulations (procedure for and appeals against financial penalties) has effect.PART 6Licences under Parts 2 and 3 of the Housing Act 2004
Amendments to Schedule 4 to the Housing Act 2004
13. In paragraph 1(3) of Schedule 4 to the Housing Act 2004 (licensing under parts 2 and 3: mandatory conditions) at the end of paragraph (b), insert—“;
(c)where the house is in England, additionally—
(i)to ensure that every electrical installation in the house is in proper working order and safe for continued use; and
(ii)to supply the authority, on demand, with a declaration by him as to the safety of such installations;
(d)for the purposes of paragraph (c) “electrical installation” has the meaning given in regulation 2(1) of the Building Regulations 2010.”.
PART 7Duty of manager to supply and maintain gas and electricity
Amendments to the Management of Houses in Multiple Occupation (England) Regulations 2006
14. In the Management of Houses in Multiple Occupation (England) Regulations 2006(9), omit regulation 6(3).Signed by authority of the Secretary of State for Housing, Communities and Local Government
Name
Minister of State
Ministry of Housing, Communities and Local Government
Date
Regulation 2
SCHEDULE 1Excluded tenancies
Private registered provider of social housing
1. A tenancy where the landlord is a private registered provider of social housing(10).Shared accommodation with landlord or landlord’s family
2.—(1) A tenancy under the terms of which the occupier shares any accommodation with the landlord or a member of the landlord’s family.(2) For the purposes of this paragraph—
(a)an occupier shares accommodation with another person if the occupier has the use of an amenity in common with that person (whether or not also in common with others);
(b)“amenity” includes a toilet, personal washing facilities, a kitchen or a living room but excludes any area used for storage, a staircase, corridor or other means of access;
(c)a person is a member of the same family as another person if—
(i)those persons live as a couple;
(ii)one of them is the relative of the other; or
(iii)one of them is, or is a relative of, one member of a couple and the other is a relative of the other member of the couple;
(d)“couple” means two people who are married to, or civil partners of, each other or who live together as if they are a married couple or civil partners;
(e)“relative” means parent, grandparent, child, grandchild, brother, sister, aunt, uncle, nephew, niece or cousin;
(f)a relationship of the half-blood is to be treated as a relationship of the whole blood; and
(g)a stepchild of a person is to be treated as that person’s child.
Long leases
3.—(1) A tenancy that—(a)is a long lease; or
(b)grants a right of occupation for a term of 7 years or more.
(2) In this paragraph “long lease” means a lease which is a long lease for the purposes of section 7 of the Leasehold Reform, Housing and Urban Development Act 1993(11) or which, in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be such a lease if the tenant’s total share (within the meaning given by that section) were 100 per cent.
(3) A tenancy does not grant a right of occupation for a term of 7 years or more if the agreement can be terminated at the option of a party before the end of 7 years from the commencement of the term.
Student halls of residence
4.—(1) A tenancy that grants a right of occupation in a building which—(a)is used wholly or mainly for the accommodation of students, and
(b)is a hall of residence.
(2) In this paragraph “student” has the same meaning as in an order made under paragraph 4 of Schedule 1 to the Local Government Finance Act 1992(12).
Hostels and refuges
5.—(1) A tenancy that grants a right of occupation in a hostel or refuge.(2) In this paragraph “hostel” means a building which satisfies the following two conditions.
(3) The first condition is that the building is used for providing to persons generally, or to a class of persons—
(a)residential accommodation otherwise than in separate and self-contained premises; and
(b)board or facilities for the preparation of food adequate to the needs of those persons (or both).
(4) The second condition is that either of the following applies in relation to the building—
(a)it is managed by a private registered provider of social housing;
(b)it is not operated on a commercial basis and its costs of operation are provided whole or in part by a government department or agency, or by a local authority; or
(c)it is managed by a voluntary organisation or charity.
(5) In this paragraph “refuge” means a building which satisfies the second condition in sub-paragraph (4) and is used wholly or mainly for providing accommodation to persons who have been subject to any incident, or pattern of incidents, of —
(a)controlling, coercive or threatening behaviour;
(b)physical violence;
(c)abuse of any other description (whether physical or mental in nature); or
(d)threats of any such violence or abuse.
(6) In this paragraph “government department” includes any body or authority exercising statutory functions on behalf of the Crown.
(7) In this paragraph “voluntary organisation” means a body, other than a public or local authority, whose activities are not carried on for profit.
Care homes
6.—(1) A tenancy that grants a right of occupation in a care home.(2) In this paragraph “care home” has the meaning given in section 3 of the Care Standards Act 2000(13).
Hospitals and hospices
7.—(1) A tenancy that grants a right of occupation in a hospital or hospice.(2) In this paragraph “hospital” has the meaning given in section 275 of the National Health Service Act 2006(14).
(3) In this paragraph “hospice” means an establishment other than a hospital whose primary function is the provision of palliative care to persons who are suffering from a progressive disease in its final stages.
Other accommodation relating to healthcare provision
8.—(1) A tenancy—(a)under which accommodation is provided to a person as a result of a duty imposed on a relevant NHS body by an enactment; and
(b)which is not excluded by another provision of this Schedule.
(2) In this paragraph “relevant NHS body” means—
(a)a clinical commissioning group; or
(b)the National Health Service Commissioning Board.
(3) In this paragraph “enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978(15).
Regulation 12
SCHEDULE 2Procedure for and appeals against financial penalties
Notice of intent
1.—(1) Before imposing a financial penalty on a private landlord for a breach of a duty under regulation 3, a local housing authority must serve a notice on the private landlord of its intention to do so (a “notice of intent”).(2) The notice of intent must be served before the end of the period of 6 months beginning with the first day on which the authority is satisfied, in accordance with regulation 11, that the private landlord is in breach (“the relevant day”), subject to sub-paragraph (3).
(3) If the breach continues beyond the end of the relevant day, the notice of intent may be served—
(a)at any time when the breach is continuing; or
(b)within the period of 6 months beginning with the last day on which the breach occurs.
(4) The notice of intent must set out—
(a)the amount of the proposed financial penalty;
(b)the reasons for proposing to impose the penalty; and
(c)information about the right to make representations under paragraph 2.
