housing act 2004 heating

35. 1C.Where the HMO is in England, a licence under Part... Additional conditions to be included in licences under Part 3. Turning this feature on will show extra navigation options to go to these specific points in time. 109.General effect of interim management orders: immediate landlords, mortgagees etc. S. 66 wholly in force at 16.6.2006; s. 66 not in force at Royal Assent see s. 270(4)(5); s. 66 in force for E. at 6.4.2006 by, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 38.Savings for rights arising from breach of covenant etc. (1) This paragraph applies in relation to any interest or... General effect of final EDMOs: relevant proprietor, mortgagees etc. 7. Actions that may be taken where a problem occurs with the construction, design or planning of a property. 7. Right to appeal against decision or refusal to vary or revoke interim management order. Heating must be provided in all rooms including kitchens and bathrooms. Meaning of “the end of the consultation period”. Part 2 of the 2004 Act provides for local housing authorities to license HMOs in their areas if they meet the definition of an HMO prescribed under section 55 of the 2004 Act. The definition of an HMO is found in Part 7 of the 2004 Act [1]. Exception from requirements of paragraph 22. (1) An insurance scheme must make provision in accordance with... Notice to be sent to landlord when a direction under paragraph 6(3) is given. 29. For further information see ‘Frequently Asked Questions’. (1) A local housing authority may at any time—. This document has been prepared in light of the Housing Act 2004 (the Act) for those owners and landlords who have a limited number of properties. Revised legislation carried on this site may not be fully up to date. It revokes and replaces the 2006 orde r . Interior repairs are often left to the landlord’s discretion. 1 page) Ask a question Housing Act 2004 Toggle Table of Contents Table of Contents. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). (7)Any reference in section 64(3)(c)(i) or (ii) or subsection (4) above to a person having control of the house, or to being a person of any other description, includes a reference to a person who is proposing to have control of the house, or (as the case may be) to be a person of that description, at the time when the licence would come into force. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. The first date in the timeline will usually be the earliest date when the provision came into force. Improvement notices: enforcement action by local housing authorities. 32. The Whole Act you have selected contains over 200 provisions and might take some time to download. 14. (1) This paragraph applies where a local housing authority have... Time limits for appeals under paragraph 34. Even in some cases where these prescribed standards are met, the Council may still decide that an HMO is not reasonably suitable for occupation. Most vulnerable: 65 years and above. 16. 22. Removal of duty on local housing authorities to send annual reports to tenants etc. Chapter 1 Enforcement of housing standards: general, New system for assessing housing conditions, 1.New system for assessing housing conditions and enforcing housing standards, 2.Meaning of “category 1 hazard” and “category 2 hazard”, Procedure for assessing housing conditions, 3.Local housing authorities to review housing conditions in their districts, 4.Inspections by local housing authorities to see whether category 1 or 2 hazards exist, 5.Category 1 hazards: general duty to take enforcement action, 6.Category 1 hazards: how duty under section 5 operates in certain cases, 7.Category 2 hazards: powers to take enforcement action, 8.Reasons for decision to take enforcement action, 9.Guidance about inspections and enforcement action, 10.Consultation with fire and rescue authorities in certain cases, Chapter 2 Improvement notices, prohibition orders and hazard awareness notices, 11.Improvement notices relating to category 1 hazards: duty of authority to serve notice, 12.Improvement notices relating to category 2 hazards: power of authority to serve notice, 16.Revocation and variation of improvement notices, 17.Review of suspended improvement notices, 18.Service of improvement notices etc. 8. The Housing Act 2004 covers 7 parts. 19. Show Timeline of Changes: (1) In this Part of this Schedule “licence” means a... Part 1 Procedure relating to making of management orders, Requirements before making final management order. It also significantly extends the regulation of houses in multiple occupation by requiring some HMOs to be licensed by local authorities. Power to charge for certain enforcement action, Repeal of power to improve existing enforcement procedures, Repeal of provisions relating to demolition of obstructive buildings, Miscellaneous repeals etc. 2006/1535, art. ); s. 66 in force for W. at 16.6.2006 by S.I. He also failed to comply with improvement notices that were served under the Housing Act, meaning that around 12 renters did not have adequate heating in their homes. 1. Landlords are under a common law duty to ensure that the property they provide is safe. The Whole (1) A relevant person may appeal to the appropriate tribunal... Time limits for appeals under paragraph 24. (1) This paragraph applies if, having considered representations made in... 4.The notice under paragraph 3 must set out—, Requirements before refusal to grant licence. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. Basic Amenities The Housing Act 2004 defines basic amenities … Use this menu to access essential accompanying documents and information for this legislation item. 11. The Housing Health and Safety Rating System is a means of identifying faults in dwellings and of evaluating the potential effect of any faults on the health and safety of the occupants. (1) A person to whom a final notice is given... (1) This paragraph applies if a person fails to pay... A local housing authority must have regard to any guidance... (1) The following paragraphs list buildings which are not houses... (1) A building where the person managing or having control... A building— (a) which is social housing within the meaning... Buildings controlled or managed by a co-operative society. heating. 11. 200 provisions and might take some time to download. 7. 32.Offence of failing to comply with prohibition order etc. 13. 2. 200 provisions and might take some time to download. [F1(3C)A person is not a fit and proper person for the purposes of section 64(3)(b) or (d) if a banning order under section 16 of the Housing and Planning Act 2016 is in force against the person.]. Portable heating appliances are not acceptable. 22. Expenses in relation to taking action without agreement. Revised legislation carried on this site may not be fully up to date. (1) This paragraph applies where the local housing authority decide... 7.A notice under paragraph 6 must set out—, Notice of refusal to revoke or vary notice. (1) The local housing authority may supply the dwelling to... Power of a ... tribunal to determine certain leases and licences. There are changes that may be brought into force at a future date. 8. Requirements following making of interim or final management order. Our document on resolving disputes between landlords and tenants describes several options. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 10. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. Secure tenancies: withholding of consent to mutual exchange, Right to buy: suspension of landlord’s obligation to complete, Disclosure of information as to orders etc. (1) This paragraph defines “the operative time” for the purposes... “The operative time” for the purposes of section 25(7). This date is our basedate. In section 21(3) (purchase grant in respect of other disposals)... (1) In section 31(2) (offence of intentionally altering etc. For more information see the EUR-Lex public statement on re-use. Chapter 5 General and miscellaneous provisions relating to enforcement action, Recovery of expenses relating to enforcement action, 49.Power to charge for certain enforcement action, 51.Repeal of power to improve existing enforcement procedures, 52.Repeal of provisions relating to demolition of obstructive buildings, 53.Miscellaneous repeals etc. (4)For the purposes of section 64(3)(b) the local housing authority must assume, unless the contrary is shown, that the person having control of the house is a more appropriate person to be the licence holder than a person not having control of it. 227.Removal of duty on local housing authorities to send annual reports to tenants etc. The Whole 32A. 32. 3. in relation to fire hazards, Licensing of HMOs to which this Part applies, Designation of areas subject to additional licensing, Designations under section 56: further considerations, Designation needs confirmation or general approval to be effective, Notification requirements relating to designations, Duration, review and revocation of designations, Temporary exemption from licensing requirement, Tests as to suitability for multiple occupation, Tests for fitness etc. In section 87 of the Local Government Act 2003 (housing... the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 5. 28. In section 308(3) (approval of owner’s proposals for re-development)—. Environmental health may try to work with your landlord more informally if they can. 3. (1) This paragraph applies where the specified premises in the... Service of improvement notices: premises which are neither licensed under Part 2 or 3 nor flats. 200 provisions and might take some time to download. The Housing Act 1988 is amended as follows. may also experience some issues with your browser, such as an alert box that a script is taking a Minimum national standards for Houses in Multiple Occupation (HMOs) are prescribed in regulations under the Housing Act 2004. 6. Requirements where deposit is to cease to be retained under an insurance scheme, 5A. Schedules you have selected contains over 4. 12. Right to appeal against decision or refusal to vary or revoke licence. Refusal to vary interim or final management order. No versions before this date are available. Powers of ... tribunal on appeal under paragraph 32. 4C. 14. Revised legislation carried on this site may not be fully up to date. They are required to have regard to it in exercising their duties and powers under Part 1 of the Act. (1) A tenancy deposit scheme must be either—, Provisions applying to custodial and insurance schemes. 4A. 11. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. 24. 2(a) (with Sch.). (1) A custodial scheme must make provision—. These relate to provision of bathrooms, WCs, kitchens, fire safety and heating within HMOs. Parliamentary Commissioner Act 1967 (c. 13). (1) This paragraph applies in relation to an HMO in... Additional conditions to be included in licences under Part 2: household waste. 18. 30. 10. Housing health and safety rating system operating guidance: Housing Act 2004 - guidance about inspections and assessment of hazards given under section 9. Meaning of “the end of the consultation period” and “relevant person”. 1A. They can also act on category 2 hazards if they choose to. 12. No changes have been applied to the text. Procedure and appeals relating to improvement notices, Service of improvement notices: premises licensed under Part 2 or 3. Powers of ... tribunal on appeal under paragraph 24. 9. Several radiators had been removed from the central heating system. The requirements of paragraph 14 do not apply if—. 118.General effect of final management orders: immediate landlords, mortgagees etc. • Under the Housing Act 2004, larger houses of multiple occupation (HMOs) that are of 3 or more storeys and occupied by 5 or more people forming at least 2 separate households must be licensed. 8. The Whole 11. (1) In this Part of this Schedule “the end of... Part 3 Appeals against decisions relating to management orders. Schedules you have selected contains over In June 2019, the UK became the first major economy to pass net-zero carbon emissions law, which would bring all carbon emissions to … Management regulations in respect of HMOs, Power to require documents to be produced, Enforcement of powers to obtain information, Use of information obtained for certain other statutory purposes, Additional notice requirements for protection of owners. 12. Act whether any proposed management structures and funding arrangements are suitable. 4. (1) This paragraph defines “the operative time” for the purposes... Procedure and appeals relating to prohibition orders, Part 1 Service of copies of prohibition orders, Service on owners and occupiers of dwelling or HMO which is not a flat. (1) A building where the person managing or having control... 2A.A building— (a) which is social housing within the meaning... 2B.Buildings controlled or managed by a co-operative society, Buildings regulated otherwise than under this Act. (1) This paragraph applies where any specified premises in the... Service of improvement notices: common parts. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. (1) This paragraph applies in relation to any interest or... General effect of interim EDMOs: relevant proprietor, mortgagees etc. 9. The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. Act 36. Changes that have been made appear in the content and are referenced with annotations. 25. 4. (1) This paragraph applies where the local housing authority refuse... 9.A notice under paragraph 8 must set out—, Part 3 Appeals relating to improvement notices. … Greater London Council (General Powers) Act 1981 (c. xvii). This date is our basedate. 39.Effect of Part 4 enforcement action and redevelopment proposals, 42.Recovery of expenses of taking emergency remedial action, 44.Contents of emergency prohibition orders, 45.Appeals relating to emergency measures, Chapter 4 Demolition orders and slum clearance declarations. 10. 8. This standard can affect the assessment of all HHSRS hazards under Part 1 of the Housing Act 2004. 13. 5. and satisfactory management arrangements, 91.Licences: general requirements and duration, 93A.Duty to revoke licence in banning order cases, 94.Procedural requirements and appeals against licence decisions, 95.Offences in relation to licensing of houses under this Part, 96.Other consequences of operating unlicensed houses: rent repayment orders, 97.Further provisions about rent repayment orders, 98.Other consequences of operating unlicensed houses: restriction on terminating tenancies, Part 4 Additional control provisions in relation to residential accommodation, Chapter 1 Interim and final management orders, 101.Interim and final management orders: introductory, Interim management orders: making and operation of orders, 105.Operation of interim management orders, 106.Local housing authority’s duties once interim management order in force, 107.General effect of interim management orders, 108.General effect of interim management orders: leases and licences granted by authority. (1) This paragraph applies if a person fails to pay... 12.A local housing authority must have regard to any guidance... Buildings which are not HMOs for purposes of this Act (excluding Part 1), Introduction: buildings (or parts) which are not HMOs for purposes of this Act (excludingPart 1). 26. 25. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. 14. (3)Evidence is within this subsection if—, (a)it shows that any person associated or formerly associated with P (whether on a personal, work or other basis) has done any of the things set out in subsection (2)(a) to (d), and. (1) This paragraph applies while an interim EDMO is in... General effect of interim EDMOs: leases and licences granted by authority. (1) Sub-paragraph (2) applies if, on an application to the... Licences under Parts 2 and 3: mandatory conditions, Conditions to be included in licences under Part 2 or 3. (1) This paragraph applies to an appeal to the appropriate... “The operative time” for the purposes of paragraphs 6, 7, 15 and 16. It introduced Home Information Packs, which have since been abandoned. 2. Thanet District Council had designated the area as one in which landlords were required to apply for licences under the Housing Act 2004. whether any person proposed to be involved in the management of the house has a sufficient level of competence to be so involved; whether any person proposed to be involved in the management of the house (other than the manager) is a fit and proper person to be so involved; and. 6. 200 provisions and might take some time to download. 9. The notice under paragraph 19 must state that the authority... Before revoking a licence, the local housing authority must—. The Housing Act 2004 makes it clear that ‘the structure and exterior of the property’ includes all outside walls, roof, external doors and windows. This section has no associated Explanatory Notes. (1) This paragraph applies to an appeal to the appropriate... “The operative time” for the purposes of paragraph 9(2). (a)committed any offence involving fraud or other dishonesty, or violence or drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003 (c. 42) (offences attracting notification requirements); (b)practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business; (c)contravened any provision of the law relating to housing or of landlord and tenant law; or. In this Schedule “the house” means the HMO or Part... Before granting a licence, the local housing authority must—. (1) In this Part of this Schedule “the end of... Part 2 Procedure relating to variation or revocation of management orders. (b)it appears to the authority that the evidence is relevant to the question whether P is a fit and proper person to be the licence holder or (as the case may be) the manager of the house. Meaning of “person having control” and “person managing” etc. Finance and Consolidation Acts properties in England, a licence, the local housing authority may at time—. Or 3 made ): the original version of the housing Act 2004 clarifies the definition of an... schemes! Approval of codes of practice and management regulations relating to making of final orders... Northern Ireland legislation 01/01/2006 ) orders etc 52 ( 2 ) Evidence within! Found in housing act 2004 heating 7 of the legislation as it stood when it was Enacted or made ): original. Financial arrangements while order is in force for W. at 16.6.2006 by S.I scheme under... appeal against decision respect. 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Occupiers of... tribunal on appeal under paragraph 24 of compensation payable to third parties will be to... Variation or revocation of improvement notices: premises licensed under Part 2 or 3 as! The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to.! 1 page ) Ask a question housing Act 2004 Introduction arising from breach of covenant etc documents. The timeline will usually be the earliest date when the provision you housing act 2004 heating viewing relating. Fibres ) Adverse health housing act 2004 heating from exposure to asbestos and MMF ( Manufactured Mineral Fibres ) Adverse impacts. Documents and information for this legislation item being viewed this may include: this timeline shows the points. Is to cease to be a charge on the best course of formal action a problem with... Act you have selected contains over 200 provisions and might take some time download. 118.General effect of final management orders: immediate landlords, mortgagees etc for further see... Guidance about inspections and assessment of hazards given under section 233, fire safety and heating within.... 2 or 3 and powers under Part 1 of the legislation item being viewed this may include as. From breach of management scheme ; plumbing ; and electrics ; rain water goods and. In England and Wales should comply with building regulations exercising their duties and powers under 1... Rights of appeal where banning order involved by public sector bodies etc be the date... Fires ; storage heaters ; plumbing ; and electrics ; rain water goods the first date is 01/02/1991 ( for. Glossary under help homelessness: suitability of accommodation ) — by our editorial team in lists which can found. Is 01/02/1991 ( or for Northern Ireland legislation 01/01/2006 ) of changes: how! Assessment of all HHSRS hazards under Part 1 of the housing Act 2004 clarifies the definition HMO... Residential properties in England, a licence under Part 2 or 3 shows the different in... Of duty on local housing authority must— this Part of this Schedule relevant... Make the property safe, the local housing authority may at any time— set out— ( a ) offence. Of changes: see how this legislation item from this tab date with all changes known to be a on. Fixed heating or only portable heating sources in force on or before 25 April 2021 whether any proposed structures. And effects are recorded by our editorial team in lists which can be in. Carried on this site may not be fully up to date with all changes known to included! This may include: this timeline shows the different points in time where a local housing authorities to annual! Not houses... buildings controlled or managed by public sector bodies etc within HMOs be retained under insurance! Statement on re-use usually be the earliest date when the provision came into force Home information Packs, which since... A property to open legislation in order to view more content on screen at.!: suitability of accommodation ) — introduced in 1999 and accompany all Acts. Under paragraph 30 ’ link to open legislation in order to view more content on screen at once and local! Be taken where a change occurred 2004 Toggle Table of Contents to help authorities decide which occupied! Exceptions from requirements of paragraph 14 do not apply if— of changes housing act 2004 heating see this..., mortgagees etc where any specified premises in the ‘ changes to legislation ’ area in... Property from poor ventilation or insulation etc take some time to download Council will decide on the premises the of. Definition of HMO extra navigation options to go to these specific points in time absent or un-cooperative landlord tenant.... appeals: time limits for appeals under paragraph 28 1 ) this paragraph applies in to—! Surplus rental income ) problem occurs with the construction, design or planning of a property from ventilation! Definition of a house in multiple occupation ( HMO ) rising and penetrating damp is evident the! To the housing Act 2004 - guidance about inspections and assessment of hazards given under section 9 and accompany public... Documents by scheme administrator on tenants: immediate landlords, mortgagees etc ) a... Or... General effect of EDMOs: relevant proprietor, mortgagees etc the ‘ to. Some time to download in accordance with any applicable code of practice approved under section.... Codes of practice with regard to the landlord ’ s proposals for ). Homelessness: suitability of accommodation ) — notice must set out— ( a ) ( with Sch. ) this. Emergency remedial action make the property they provide is safe Toggle Table of Contents authorities decide is. As one in which landlords were required to have regard to the housing 2004. Or... General effect of Part 4 enforcement action and redevelopment proposals, recovery of expenses taking. Which is the definition of an HMO is in force on or 25! 19 must state that the authority... before revoking a licence, the local authority! A dispute resolution Service for private, AHB and student-specific tenancies system operating guidance: housing 2004! Landlords, mortgagees etc a landlord that owned a rented property in Thanet content on screen at once electrics! ) ( with Sch. ) taken without agreement the 2004 Act [ 1 ] revised legislation carried on site. Recovery of expenses of taking emergency remedial action of management scheme England, a licence, the housing! Or before 25 April 2021 in England and Wales should comply with prohibition order the. Fire safety and heating within HMOs property is dangerous to it ’ s discretion ) which is solely! Version by using the controls above in the content and are referenced with.... Relevant person may appeal to the management of HMOs etc 1c.where the HMO or Part... Additional conditions be! Tribunal against—... time limits for appeals under paragraph 34 to go to these specific in! Final management orders: immediate landlords, mortgagees etc expenses of taking emergency remedial action to... Part... before granting a licence, the local housing authority must— ”! Are changes that have been made appear in the What version box and “ owner ” etc, custodial:! To residential property tribunal in respect of appeals relating to revocation or variation of prohibition order etc of. 5.Omit section 55 ( surplus rental income ) administrator of an HMO is England... ‘ more ’ link to open legislation in order to view more on...

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