http://www.legislation.gov.uk/ukpga/2004/34/contentsHousing Act 2004An Act to make provision about housing conditions; to regulate houses in multiple occupation and certain other residential accommodation; to make provision for home information packs in connection with the sale of residential properties; to make provision about secure tenants and the right to buy; to make provision about mobile homes and the accommodation needs of gypsies and travellers; to make other provision about housing; and for connected purposes.texttext/xmlenStatute Law Database2011-05-272009-06-01 s. 79(3)Sch. 2 para. 131Housing Act 2004The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010s. 80(6)Sch. 2 para. 132Housing Act 2004The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010Sch. 11 para. 3Sch. 4Housing Act 2004The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010Sch. 11 para. 11Sch. 4Housing Act 2004The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010Sch. 14 para. 2(1)(aa)Sch. 2 para. 133(2)Housing Act 2004The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010Sch. 14 para. 2ASch. 2 para. 133(3)Housing Act 2004The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010Sch. 15 para. 42Sch. 4Housing Act 2004The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010s. 230(5A)(5B)art. 4(2)Housing Act 2004The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011Sch. 13 para. 2 headingart. 4(3)(a)Housing Act 2004The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011Sch. 13 para. 3(6)art. 4(3)(b)Housing Act 2004The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011Sch. 13 para. 8(2)art. 4(3)(c)Housing Act 2004The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011Sch. 13 para. 12(3)(a)art. 4(3)(d)Housing Act 2004The Mobile Homes Act 1983 (Jurisdiction of Residential Property Tribunals) (England) Order 2011 Housing Act 2004Part 1Housing conditionsChapter 1Enforcement of housing standards: generalNew system for assessing housing conditions1New system for assessing housing conditions and enforcing housing standards2Meaning of “category 1 hazard” and “category 2 hazard”Procedure for assessing housing conditions3Local housing authorities to review housing conditions in their districts4Inspections by local housing authorities to see whether category 1 or 2 hazards existEnforcement of housing standards5Category 1 hazards: general duty to take enforcement action6Category 1 hazards: how duty under section 5 operates in certain cases7Category 2 hazards: powers to take enforcement action8Reasons for decision to take enforcement action9Guidance about inspections and enforcement action10Consultation with fire and rescue authorities in certain casesChapter 2Improvement notices, prohibition orders and hazard awareness noticesImprovement notices11Improvement notices relating to category 1 hazards: duty of authority to serve notice12Improvement notices relating to category 2 hazards: power of authority to serve notice13Contents of improvement notices14Suspension of improvement notices15Operation of improvement notices16Revocation and variation of improvement notices17Review of suspended improvement notices18Service of improvement notices etc. and related appeals19Change in person liable to comply with improvement noticeProhibition orders20Prohibition orders relating to category 1 hazards: duty of authority to make order21Prohibition orders relating to category 2 hazards: power of authority to make order22Contents of prohibition orders23Suspension of prohibition orders24Operation of prohibition orders25Revocation and variation of prohibition orders26Review of suspended prohibition orders27Service of copies of prohibition orders etc. and related appealsHazard awareness notices28Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice29Hazard awareness notices relating to category 2 hazards: power of authority to serve noticeEnforcement: improvement notices30Offence of failing to comply with improvement notice31Enforcement action by local housing authoritiesEnforcement: prohibition orders32Offence of failing to comply with prohibition order etc.33Recovery of possession of premises in order to comply with order34Power of tribunal to determine or vary leaseEnforcement: improvement notices and prohibition orders35Power of court to order occupier or owner to allow action to be taken on premises36Power of court to authorise action by one owner on behalf of anotherSupplementary provisions37Effect of improvement notices and prohibition orders as local land charges38Savings for rights arising from breach of covenant etc.39Effect of Part 4 enforcement action and redevelopment proposalsChapter 3Emergency measuresEmergency remedial action40Emergency remedial action41Notice of emergency remedial action42Recovery of expenses of taking emergency remedial actionEmergency prohibition orders43Emergency prohibition orders44Contents of emergency prohibition ordersAppeals45Appeals relating to emergency measuresChapter 4Demolition orders and slum clearance declarationsDemolition orders46Demolition ordersSlum clearance declarations47Clearance areasAppeals48Transfer of jurisdiction in respect of appeals relating to demolition orders etc.Chapter 5General and miscellaneous provisions relating to enforcement actionRecovery of expenses relating to enforcement action49Power to charge for certain enforcement action50Recovery of charge under section 49Repeals51Repeal of power to improve existing enforcement procedures52Repeal of provisions relating to demolition of obstructive buildings53Miscellaneous repeals etc. in relation to fire hazardsIndex54Index of defined expressions: Part 1Part 2Licensing of houses in multiple occupationIntroductory55Licensing of HMOs to which this Part appliesDesignation of additional licensing areas56Designation of areas subject to additional licensing57Designations under section 56: further considerations58Designation needs confirmation or general approval to be effective59Notification requirements relating to designations60Duration, review and revocation of designationsHMOs required to be licensed61Requirement for HMOs to be licensed62Temporary exemption from licensing requirementGrant or refusal of licences63Applications for licences64Grant or refusal of licence65Tests as to suitability for multiple occupation66Tests for fitness etc. and satisfactory management arrangements67Licence conditions68Licences: general requirements and durationVariation and revocation of licences69Variation of licences70Revocation of licencesProcedure and appeals71Procedural requirements and appeals against licence decisionsEnforcement72Offences in relation to licensing of HMOs73Other consequences of operating unlicensed HMOs: rent repayment orders74Further provisions about rent repayment orders75Other consequences of operating unlicensed HMOs: restriction on terminating tenanciesSupplementary provisions76Transitional arrangements relating to introduction and termination of licensing77Meaning of “HMO”78Index of defined expressions: Part 2Part 3Selective licensing of other residential accommodationIntroductory79Licensing of houses to which this Part appliesDesignation of selective licensing areas80Designation of selective licensing areas81Designations under section 80: further considerations82Designation needs confirmation or general approval to be effective83Notification requirements relating to designations84Duration, review and revocation of designationsHouses required to be licensed85Requirement for Part 3 houses to be licensed86Temporary exemption from licensing requirementGrant or refusal of licences87Applications for licences88Grant or refusal of licence89Tests for fitness etc. and satisfactory management arrangements90Licence conditions91Licences: general requirements and durationVariation and revocation of licences92Variation of licences93Revocation of licencesProcedure and appeals94Procedural requirements and appeals against licence decisionsEnforcement95Offences in relation to licensing of houses under this Part96Other consequences of operating unlicensed houses: rent repayment orders97Further provisions about rent repayment orders98Other consequences of operating unlicensed houses: restriction on terminating tenanciesSupplementary provisions99Meaning of “house” etc.100Index of defined expressions: Part 3Part 4Additional control provisions in relation to residential accommodationChapter 1Interim and final management ordersIntroductory101Interim and final management orders: introductoryInterim management orders: making and operation of orders102Making of interim management orders103Special interim management orders104The health and safety condition105Operation of interim management orders106Local housing authority’s duties once interim management order in force107General effect of interim management orders108General effect of interim management orders: leases and licences granted by authority109General effect of interim management orders: immediate landlords, mortgagees etc.110Financial arrangements while order is in forceInterim management orders: variation and revocation111Variation of interim management orders112Revocation of interim management ordersFinal management orders: making and operation of orders113Making of final management orders114Operation of final management orders115Local housing authority’s duties once final management order in force116General effect of final management orders117General effect of final management orders: leases and licences granted by authority118General effect of final management orders: immediate landlords, mortgagees etc.119Management schemes and accounts120Enforcement of management scheme by relevant landlordFinal management orders: variation and revocation121Variation of final management orders122Revocation of final management ordersInterim and final management orders: procedure and appeals123Procedural requirements and appealsInterim and final management orders: other general provisions124Effect of management orders: occupiers125Effect of management orders: agreements and legal proceedings126Effect of management orders: furniture127Management orders: power to supply furniture128Compensation payable to third parties129Termination of management orders: financial arrangements130Termination of management orders: leases, agreements and proceedings131Management orders: power of entry to carry out workChapter 2Interim and final empty dwelling management ordersIntroductory132Empty dwelling management orders: introductoryInterim empty dwelling management orders133Making of interim EDMOs134Authorisation to make interim EDMOs135Local housing authority’s duties once interim EDMO in forceFinal empty dwelling management orders136Making of final EDMOs137Local housing authority’s duties once final EDMO in forceCompensation138Compensation payable to third partiesChapter 3Overcrowding notices139Service of overcrowding notices140Contents of overcrowding notices141Requirement as to overcrowding generally142Requirement as to new residents143Appeals against overcrowding notices144Revocation and variation of overcrowding noticesChapter 4Supplementary provisions145Supplementary provisions146Interpretation and modification of this Part147Index of defined expressions: Part 4Part 5Home information packsPreliminary148Meaning of “residential property” and “home information pack”149Meaning of “on the market” and related expressions150Acting as estate agentResponsibility for marketing residential properties151Responsibility for marketing: general152Responsibility of person acting as estate agent153Responsibility of the sellerDuties of a responsible person where a property is on the market154Application of sections 155 to 158155Duty to have a home information pack156Duty to provide copy of home information pack on request157Section 156 (1) duty: imposition of conditions158Duty to ensure authenticity of documents in other situationsOther duties of person acting as estate agent159Other duties of person acting as estate agentExceptions from the duties160Residential properties not available with vacant possession161Power to provide for further exceptions162Suspension of duties under sections 155 to 159Contents of home information packs163Contents of home information packs164Home condition reportsRegister of home condition reports165Register of home condition reportsEnforcement166Enforcement authorities167Power to require production of home information packs168Penalty charge notices169Offences relating to enforcement officers170Right of private actionSupplementary171Application of Part to sub-divided buildings172Power to require estate agents to belong to a redress scheme173Approval of redress schemes174Withdrawal of approval of redress schemes175Office of Fair Trading176Grants177Interpretation of Part 5178Index of defined expressions: Part 5Part 6Other provisions about housingChapter 1Secure tenanciesIntroductory tenancies179Extension of introductory tenanciesRight to buy: when exercisable180Extension of qualifying period for right to buy181Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies182Exceptions to the right to buy: houses due to be demolished183Right to buy: claim suspended or terminated by demolition notice184Landlord’s notice to completeRight to buy: discounts185Repayment of discount: periods and amounts applicable186Repayment of discount: increase attributable to home improvements to be disregarded187Deferred resale agreementsRight to buy: landlord’s right of first refusal188Right of first refusal for landlord etc.Right to buy: information189sInformation to help tenants decide whether to exercise right to buy etc.Right to buy: termination of rent to mortgage scheme190Termination of rent to mortgage schemeSuspension of certain rights in connection with anti-social behaviour191Secure tenancies: withholding of consent to mutual exchange192Right to buy: suspension by court order193Right to buy: suspension of landlord’s obligation to complete194Disclosure of information as to orders etc. in respect of anti-social behaviourChapter 2Disposals attracting discounts other than under right to buyDisposals by local authorities195Repayment of discount: periods and amounts applicable196Repayment of discount: increase attributable to home improvements to be disregarded197Local authority’s right of first refusal198Deferred resale agreementsDisposals by registered social landlords199Repayment of discount: periods and amounts payable200Registered social landlord’s right of first refusal201Deferred resale agreements202Right of assured tenant to acquire dwelling not affected by collective enfranchisementDisposals by housing action trusts203Repayment of discount: periods and amounts payable204Housing action trust’s right of first refusal205Deferred resale agreementsChapter 3Mobile HomesSite agreements206Particulars of site agreements to be given in advance207Implied terms relating to termination of agreements or disposal of mobile homes208Power to amend terms implied in site agreementsProtection from eviction etc.209Protected sites to include sites for gypsies210Extension of protection from harassment for occupiers of mobile homes211Suspension of eviction ordersChapter 4Tenancy deposit schemes212Tenancy deposit schemes213Requirements relating to tenancy deposits214Proceedings relating to tenancy deposits215Sanctions for non-complianceChapter 5MiscellaneousOvercrowding216OvercrowdingEnergy efficiency217Energy efficiency of residential accommodation: EnglandRegistered social landlords218Amendments relating to registered social landlords219Disclosure of information to registered social landlords for the purposes of section 1 of the Crime and Disorder Act 1998Other provisions relating to social housing220Additional power to give grants for social housing221Extension of right to acquire222Rights of pre-emption in connection with assured tenancies223Allocation of housing accommodation by local authoritiesDisabled facilities grant224Disabled facilities grant: caravansAccommodation needs of gypsies and travellers225Duties of local housing authorities: accommodation needs of gypsies and travellers226Guidance in relation to section 225Annual reports by local housing authorities227Removal of duty on local housing authorities to send annual reports to tenants etc.Social Housing Ombudsman for Wales228Social Housing Ombudsman for WalesPart 7Supplementary and final provisionsResidential property tribunals229Residential property tribunals230Powers and procedure of residential property tribunals231Appeals from residential property tribunalsRegister of licences and management orders232Register of licences and management ordersCodes of practice and management regulations relating to HMOs etc.233Approval of codes of practice with regard to the management of HMOs etc.234Management regulations in respect of HMOsInformation provisions235Power to require documents to be produced236Enforcement of powers to obtain information237Use of information obtained for certain other statutory purposes238False or misleading informationEnforcement239Powers of entry240Warrant to authorise entry241Penalty for obstruction242Additional notice requirements for protection of ownersAuthorisations243Authorisations for enforcement purposes etc.Documents244Power to prescribe forms245Power to dispense with notices246Service of documents247Licences and other documents in electronic form248Timing and location of things done electronically249Proof of designationsOther supplementary provisions250Orders and regulations251Offences by bodies corporate252Power to up-rate level of fines for certain offences253Local inquiriesMeaning of “house in multiple occupation”254Meaning of “house in multiple occupation”255HMO declarations256Revocation of HMO declarations257HMOs: certain converted blocks of flats258HMOs: persons not forming a single household259HMOs: persons treated as occupying premises as only or main residence260HMOs: presumption that sole use condition or significant use condition is metOther general interpretation provisions261Meaning of “appropriate national authority”, “local housing authority” etc.262Meaning of “lease”, “tenancy”, “occupier” and “owner” etc.263Meaning of “person having control” and “person managing” etc.264Calculation of numbers of personsFinal provisions265Minor and consequential amendments266Repeals267Devolution: Wales268The Isles of Scilly269Expenses270Short title, commencement and extentSCHEDULESSCHEDULE 1Procedure and appeals relating to improvement noticesPart 1Service of improvement noticesService of improvement notices: premises licensed under Part 2 or 31(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 flats2(1) This paragraph applies where the specified premises in the...Service of improvement notices: flats which are not licensed under Part 2 or 33(1) This paragraph applies where any specified premises in the...Service of improvement notices: common parts4(1) This paragraph applies where any specified premises in the...Service of copies of improvement notices5(1) In addition to serving an improvement notice in accordance...Part 2Service of notices relating to revocation or variation of improvement noticesNotice of revocation or variation6(1) This paragraph applies where the local housing authority decide...7A notice under paragraph 6 must set out— Notice of refusal to revoke or vary notice8(1) This paragraph applies where the local housing authority refuse...9A notice under paragraph 8 must set out— Part 3Appeals relating to improvement noticesAppeal against improvement notice10(1) The person on whom an improvement notice is served...11(1) An appeal may be made by a person under...12(1) An appeal may be made by a person under...Appeal against decision relating to variation or revocation of improvement notice13(1) The relevant person may appeal to a residential property...Time limit for appeal14(1) Any appeal under paragraph 10 must be made within...Powers of residential property tribunal on appeal under paragraph 1015(1) This paragraph applies to an appeal to a residential...16(1) This paragraph applies where the grounds of appeal consist...17(1) This paragraph applies where the grounds of appeal consist...Powers of residential property tribunal on appeal under paragraph 1318(1) This paragraph applies to an appeal to a residential... “The operative time” for the purposes of section 15(5)19(1) This paragraph defines “the operative time” for the purposes... “The operative time” for the purposes of section 16(7)20(1) This paragraph defines “the operative time” for the purposes...SCHEDULE 2Procedure and appeals relating to prohibition ordersPart 1Service of copies of prohibition ordersService on owners and occupiers of dwelling or HMO which is not a flat1(1) This paragraph applies to a prohibition order where the...Service on owners and occupiers of building containing flats etc.2(1) This paragraph applies to a prohibition order where the...Part 2Service of notices relating to revocation or variation of prohibition ordersNotice of revocation or variation3(1) This paragraph applies where the local housing authority decide...4A notice under paragraph 3 must set out— Notice of refusal to revoke or vary order5(1) This paragraph applies where the local housing authority refuse...6A notice under paragraph 5 must set out— Part 3Appeals relating to prohibition ordersAppeal against prohibition order7(1) A relevant person may appeal to a residential property...8(1) An appeal may be made by a person under...Appeal against decision relating to revocation or variation of prohibition order9A relevant person may appeal to a residential property tribunal...Time limit for appeal10(1) Any appeal under paragraph 7 must be made within...Powers of residential property tribunal on appeal under paragraph 711(1) This paragraph applies to an appeal to a residential...12(1) This paragraph applies where the grounds of appeal consist...Powers of residential property tribunal on appeal under paragraph 913(1) This paragraph applies to an appeal to a residential... “The operative time” for the purposes of section 24(5)14(1) This paragraph defines “the operative time” for the purposes... “The operative time” for the purposes of section 25(7)15(1) This paragraph defines “the operative time” for the purposes...Meaning of “relevant person”16(1) In this Part of this Schedule “relevant person”, in...SCHEDULE 3Improvement notices: enforcement action by local housing authoritiesPart 1Action taken by agreementPower to take action by agreement1(1) The local housing authority may, by agreement with the...Expenses of taking action by agreement2Any action taken by the local housing authority under paragraph...Part 2Power to take action without agreementPower to take action without agreement3(1) The local housing authority may themselves take the action...Notice requirements in relation to taking action without agreement4(1) The local housing authority must serve a notice under...Obstruction of action taken without agreement5(1) If, at any relevant time— (a) the person on...Expenses in relation to taking action without agreement6(1) Part 3 of this Schedule applies with respect to...Part 3Recovery of certain expensesIntroductory7This Part of this Schedule applies for the purpose of...Recovery of expenses8(1) The expenses are recoverable by the local housing authority...Service of demand9(1) A demand for expenses recoverable under paragraph 8, together...Interest10Expenses in respect of which a demand is served carry...Appeals11(1) A person on whom a demand for the recovery...Expenses and interest recoverable from occupiers12(1) Where a demand becomes operative by virtue of paragraph...Expenses and interest to be a charge on the premises13(1) Until recovered, the expenses recoverable by the local housing...Recovery of expenses and interest from other persons profiting from taking of action14(1) Sub-paragraph (2) applies if, on an application to a...SCHEDULE 4Licences under Parts 2 and 3: mandatory conditionsConditions to be included in licences under Part 2 or 31(1) A licence under Part 2 or 3 must include...Additional conditions to be included in licences under Part 32A licence under Part 3 must include conditions requiring the...Power to prescribe conditions3The appropriate national authority may by regulations amend this Schedule...Interpretation4In this Schedule “the house” means the HMO or Part...SCHEDULE 5Licences under Parts 2 and 3: procedure and appealsPart 1Procedure relating to grant or refusal of licencesRequirements before grant of licence1Before granting a licence, the local housing authority must— 2The notice under paragraph 1 must state that the authority...3(1) This paragraph applies if, having considered representations made in...4The notice under paragraph 3 must set out— Requirements before refusal to grant licence5Before refusing to grant a licence, the local housing authority...6The notice under paragraph 5 must state that the local...Requirements following grant or refusal of licence7(1) This paragraph applies where the local housing authority decide...8(1) This paragraph applies where the local housing authority refuse...Exceptions from requirements in relation to grant or refusal of licences9The requirements of paragraph 3 (and those of paragraph 1)...10The requirements of paragraph 3 (and those of paragraph 1)...11Paragraphs 5, 6 and 8 do not apply to a...Meaning of “the end of the consultation period”12(1) In this Part of this Schedule “the end of...Meaning of “licence” and “relevant person”13(1) In this Part of this Schedule “licence” means a...Part 2Procedure relating to variation or revocation of licencesVariation of licences14Before varying a licence, the local housing authority must— 15The notice under paragraph 14 must state that the local...16(1) This paragraph applies where the local housing authority decide...Exceptions from requirements of paragraph 1417The requirements of paragraph 14 do not apply if— 18The requirements of paragraph 14 do not apply if the...Refusal to vary a licence19Before refusing to vary a licence, the local housing authority...20The notice under paragraph 19 must state that the authority...21(1) This paragraph applies where the local housing authority refuse...Revocation of licences22Before revoking a licence, the local housing authority must— 23The notice under paragraph 22 must state that the authority...24(1) This paragraph applies where the local housing authority decide...Exception from requirements of paragraph 2225The requirements of paragraph 22 do not apply if the...Refusal to revoke a licence26Before refusing to revoke a licence, the local housing authority...27The notice under paragraph 26 must state that the authority...28(1) This paragraph applies where the local housing authority refuse...Meaning of “the end of the consultation period”29(1) In this Part of this Schedule “the end of...Meaning of “licence” and “relevant person”30(1) In this Part of this Schedule “licence” means a...Part 3Appeals against licence decisionsRight to appeal against refusal or grant of licence31(1) The applicant or any relevant person may appeal to...Right to appeal against decision or refusal to vary or revoke licence32(1) The licence holder or any relevant person may appeal...Time limits for appeals33(1) Any appeal under paragraph 31 against a decision to...Powers of residential property tribunal hearing appeal34(1) This paragraph applies to appeals to a residential property... “The operative time” for the purposes of section 69(6), 70(8), 92(3) or 93(5)35(1) This paragraph defines “the operative time” for the purposes...Meaning of “licence” and “relevant person”36(1) In this Part of this Schedule “licence” means a...SCHEDULE 6Management orders: procedure and appealsPart 1Procedure relating to making of management ordersRequirements before making final management order1Before making a final management order, the local housing authority...2The notice under paragraph 1 must state that the authority...3(1) This paragraph applies if, having considered representations made in...4The notice under paragraph 3 must set out— Exceptions from requirements relating to making of final management order5The requirements of paragraph 3 (and those of paragraph 1)...6The requirements of paragraph 3 (and those of paragraph 1)...Requirements following making of interim or final management order7(1) This paragraph applies where the local housing authority make...Meaning of “the end of the consultation period” and “relevant person”8(1) In this Part of this Schedule “the end of...Part 2Procedure relating to variation or revocation of management ordersVariation of management orders9Before varying an interim or final management order, the local...10The notice under paragraph 9 must state that the authority...11(1) This paragraph applies where the local housing authority decide...Exceptions from requirements of paragraph 912The requirements of paragraph 9 do not apply if the...13The requirements of paragraph 9 do not apply if the...Refusal to vary interim or final management order14Before refusing to vary an interim or final management order,...15The notice under paragraph 14 must state that the authority...16(1) This paragraph applies where the local housing authority refuse...Revocation of management orders17Before revoking an interim or final management order, the local...18The notice under paragraph 17 must state that the authority...19(1) This paragraph applies where the local housing authority decide...Refusal to revoke management order20Before refusing to revoke an interim or final management order,...21The notice under paragraph 20 must state that the authority...22(1) This paragraph applies where the local housing authority refuse...Meaning of “the end of the consultation period” and “relevant person”23(1) In this Part of this Schedule “the end of...Part 3Appeals against decisions relating to management ordersRight to appeal against making of order etc.24(1) A relevant person may appeal to a residential property...Time limits for appeals under paragraph 2425(1) This paragraph applies in relation to an appeal under...Powers of residential property tribunal on appeal under paragraph 2426(1) This paragraph applies to an appeal to a residential... “The operative time” for the purposes of section 114(2)27(1) This paragraph defines “the operative time” for the purposes...Right to appeal against decision or refusal to vary or revoke interim management order28A relevant person may appeal to a residential property tribunal...Time limits for appeals under paragraph 2829(1) This paragraph applies in relation to an appeal under...Powers of residential property tribunal on appeal under paragraph 2830(1) This paragraph applies to an appeal to a residential... “The operative time” for the purposes of section 111(2), 112(2), 121(2) or 122(2)31(1) This paragraph defines “the operative time” for the purposes...Right to appeal against decision in respect of compensation payable to third parties32(1) This paragraph applies where a local housing authority have...Time limits for appeals under paragraph 3233(1) This paragraph applies in relation to an appeal under...Powers of residential property tribunal on appeal under paragraph 3234(1) This paragraph applies in relation to an appeal under...Meaning of “relevant person”35In this Part of this Schedule “relevant person” means— SCHEDULE 7Further provisions regarding empty dwelling management ordersPart 1Interim EDMOsOperation of interim EDMOs1(1) This paragraph deals with the time when an interim...General effect of interim EDMOs2(1) This paragraph applies while an interim EDMO is in...General effect of interim EDMOs: leases and licences granted by authority3(1) This paragraph applies in relation to any interest or...General effect of interim EDMOs: relevant proprietor, mortgagees etc.4(1) This paragraph applies in relation to— Financial arrangements while order is in force5(1) This paragraph applies to relevant expenditure of a local...Variation or revocation of interim EDMOs6(1) The local housing authority may vary an interim EDMO...7(1) The local housing authority may revoke an interim EDMO...8(1) Part 2 of Schedule 6 applies in relation to...Part 2Final EDMOsOperation of final EDMOs9(1) This paragraph deals with the time when a final...General effect of final EDMOs10(1) This paragraph applies while a final EDMO is in...General effect of final EDMOs: leases and licences granted by authority11(1) This paragraph applies in relation to any interest or...General effect of final EDMOs: relevant proprietor, mortgagees etc.12(1) This paragraph applies in relation to— Management scheme and accounts13(1) A final EDMO must contain a management scheme. Application to residential property tribunal in respect of breach of management scheme14(1) An affected person may apply to a residential property...Variation or revocation of final EDMOs15(1) The local housing authority may vary a final EDMO...16(1) The local housing authority may revoke a final EDMO...17(1) Part 2 of Schedule 6 applies in relation to...Part 3Interim and final EDMOs: general provisions (other than provisions relating to appeals)Effect of EDMOs: persons occupying or having a right to occupy the dwelling18(1) This paragraph applies to existing and new occupiers of...Effect of EDMOs: agreements and legal proceedings19(1) An agreement or instrument within sub-paragraph (2) has effect,...Effect of EDMOs: furniture20(1) Sub-paragraph (2) applies where, on the date on which...EDMOs: power to supply furniture21(1) The local housing authority may supply the dwelling to...Power of a residential property tribunal to determine certain leases and licences22(1) A residential property tribunal may make an order determining...Termination of EDMOs: financial arrangements23(1) This paragraph applies where an interim EDMO or final...Termination of EDMOs: leases, agreements and proceedings24(1) This paragraph applies where— (a) an interim EDMO or...EDMOs: power of entry to carry out work25(1) The right mentioned in sub-paragraph (2) is exercisable by...Part 4AppealsAppeals: decisions relating to EDMOs26(1) A relevant person may appeal to a residential property...Appeals: time limits for appeals under paragraph 2627(1) This paragraph applies in relation to an appeal under...Appeals: powers of residential property tribunal on appeal under paragraph 2628(1) This paragraph applies to an appeal to a residential... “The operative time” for the purposes of paragraph 9(2)29(1) This paragraph defines “the operative time” for the purposes...Right to appeal against decision or refusal to vary or revoke EDMO30A relevant person may appeal to a residential property tribunal...Time limits for appeals under paragraph 3031(1) This paragraph applies in relation to an appeal under...Powers of residential property tribunal on appeal under paragraph 3032(1) This paragraph applies to an appeal to a residential... “The operative time” for the purposes of paragraphs 6, 7, 15 and 1633(1) This paragraph defines “the operative time” for the purposes...Right to appeal against decision in respect of compensation payable to third parties34(1) This paragraph applies where a local housing authority have...Time limits for appeals under paragraph 3435(1) This paragraph applies in relation to an appeal under...Powers of residential property tribunal on appeal under paragraph 3436(1) This paragraph applies in relation to an appeal under...Meaning of “relevant person” for the purposes of this Part37In this Part of this Schedule “relevant person” means any...SCHEDULE 8Penalty charge notices under section 1681A penalty charge notice given to a person under section...2The penalty charge specified in the notice shall be of...3(1) The period specified under paragraph 1(c) must not be...4The enforcement authority may, if they consider that the penalty...5(1) If, within the period specified under paragraph 1(c) (or...6(1) If after a review the penalty charge notice is...7If the penalty charge notice is withdrawn or quashed, the...8(1) The amount of the penalty charge is recoverable from...9In proceedings for the recovery of the penalty charge, a...10(1) A penalty charge notice and any other notice mentioned...11The Secretary of State may by regulations make provision supplementary...SCHEDULE 9New Schedule 5A to the Housing Act 1985: initial demolition noticesSCHEDULE 10Provisions relating to tenancy deposit schemesSchemes to be custodial schemes or insurance schemes1(1) A tenancy deposit scheme must be either— Provisions applying to custodial and insurance schemes2(1) A custodial scheme must conform with the following provisions—...Custodial Schemes:general3(1) This paragraph applies to a custodial scheme. Custodial schemes: termination of tenancies4(1) A custodial scheme must make provision— Custodial schemes: termination of tenancies - absent or un-cooperative landlord or tenant4A(1) The provision made by a custodial scheme for the...4B(1) The provision made by a custodial scheme for the...4C(1) Immediately upon receipt of— (a) a duly completed application...Insurance schemes: general5(1) This paragraph applies to an insurance scheme. Requirements where deposit is to cease to be retained under an insurance scheme5A(1) This paragraph applies in relation to— Insurance schemes: termination of tenancies6(1) An insurance scheme must make provision in accordance with...Notice to be sent to landlord when a direction under paragraph 6(3) is given6A(1) This paragraph applies where the scheme administrator of an...Insurance schemes – supplementary provisions7(1) The designated account held by the scheme administrator must...8(1) The scheme must make provision for preventing double recovery...Notifications to tenants9(1) Every custodial scheme or insurance scheme must provide for...Dispute resolution procedures10(1) Every custodial scheme or insurance scheme must provide for...Service of documents: general10AA tenancy deposit scheme may make provision as to the...Service of documents by scheme administrator on landlords10B(1) The provision made by a tenancy deposit scheme under...Service of documents by scheme administrator on tenants 10C(1) The provision made by a tenancy deposit scheme under...Power to amend11The appropriate national authority may by order make such amendments...Interpretation12In this Schedule references to tenants under shorthold tenancies include...SCHEDULE 11Registered social landlordsHousing Associations Act 1985 (c. 69)1In section 87 of the Housing Associations Act 1985 (financial...Housing Act 1988 (c. 50)2The Housing Act 1988 is amended as follows. 3In section 50(2) (housing association grants) omit the words from...4In section 52(2) (recovery etc. of grants) omit the words...5Omit section 55 (surplus rental income). 6In section 59(1A) (interpretation) for “55” substitute “ 54 ”....Housing Act 1996 (c. 52)7The Housing Act 1996 is amended as follows. 8In section 18(2) (social housing grants) omit the words from...9In section 20(3) (purchase grant where right to acquire exercised)...10In section 21(3) (purchase grant in respect of other disposals)...11In section 28 (grants under sections 50 to 55 of...12(1) In section 31(2) (offence of intentionally altering etc. document...13(1) Section 36 (issue of guidance by the Relevant Authority)...14In paragraph 1(2) of Schedule 1 (payments by way of...15(1) Paragraph 15 of Schedule 1 (transfer of net assets...16After paragraph 15 insert— Transfer of net assets on termination...17(1) Paragraph 16 of Schedule 1 (general requirements as to...18After paragraph 16 of Schedule 1 insert— Companies exempt from...19For paragraph 17 of Schedule 1 (appointment of auditors by...20(1) Paragraph 18 of Schedule 1 (accounting and audit requirements...21After paragraph 18 of Schedule 1 insert— Charities exempt from...22(1) Paragraph 19 of Schedule 1 (responsibility for securing compliance...23After paragraph 19 of Schedule 1 insert— Disclosure of information...24(1) Paragraph 20 of Schedule 1 (inquiry into affairs of...25After paragraph 20 of Schedule 1 insert— Evidence (1) For the purposes of an inquiry the person or...26(1) Paragraph 21 of Schedule 1 (power of appointed person...SCHEDULE 12New Schedule 2A to the Housing Act 1996. . . . . . . . . ....SCHEDULE 13Residential property tribunals: procedureProcedure regulations1(1) The appropriate national authority may make regulations about the...Appeals2(1) Procedure regulations may include provision, in relation to applications...Transfers3(1) This paragraph applies where, in any proceedings before a...Parties etc.4(1) Procedure regulations may include provision enabling persons to be...Information5(1) Procedure regulations may include— (a) provision relating to the...Pre-trial reviews etc.6(1) Procedure regulations may include provision for the holding of...Interim orders7Procedure regulations may include provision empowering tribunals to make orders,...Additional relief8(1) Procedure regulations may include provision as to— Dismissal9Procedure regulations may include provision empowering tribunals to dismiss applications,...Determination without hearing10(1) Procedure regulations may include provision for the determination of...Fees11(1) Procedure regulations may include provision requiring the payment of...Costs12(1) A tribunal may determine that a party to proceedings...Enforcement13Procedure regulations may provide for decisions of tribunals to be...SCHEDULE 14Buildings 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)1(1) The following paragraphs list buildings which are not houses...Buildings controlled or managed by public sector bodies etc.2(1) A building where the person managing or having control...Buildings regulated otherwise than under this Act3Any building whose occupation is regulated otherwise than by or...Buildings occupied by students4(1) Any building— (a) which is occupied solely or principally...Buildings occupied by religious communities5(1) Any building which is occupied principally for the purposes...Buildings occupied by owners6(1) Any building which is occupied only by persons within...Buildings occupied by two persons7Any building which is occupied only by two persons who...SCHEDULE 15Minor and consequential amendmentsParliamentary Commissioner Act 1967 (c. 13)1(1) Section 11A of the Parliamentary Commissioner Act 1967 (consultation...Land Compensation Act 1973 (c. 26)2The Land Compensation Act 1973 has effect subject to the...3(1) Section 29 (right to home loss payment where person...4(1) Section 33D (loss payments: exclusions) is amended as follows....5(1) Section 37 (disturbance payments for persons with compensatable interests)...6(1) Section 39 (duty to rehouse residential occupiers) is amended...Local Government Act 1974 (c. 7)7(1) Section 33 of the Local Government Act 1974 (consultation...Greater London Council (General Powers) Act 1981 (c. xvii)8In section 9(1) of the Greater London Council (General Powers)...Mobile Homes Act 1983 (c. 34)9In section 2 of the Mobile Homes Act 1983 (terms...Housing Act 1985 (c. 68)10The Housing Act 1985 has effect subject to the following...11In section 8(2) (periodical review of housing needs) for “section...12For section 252(c) (definition of “house in multiple occupation” for...13For section 268 (service of notice of demolition and closing...14In section 269(1) (right of appeal against demolition or closing...15After section 269 insert— Appeals suggesting certain other courses of...16In section 274 (demolition orders: power to permit reconstruction of...17After section 274 insert— Effect of certain enforcement action under...18For section 275 (demolition orders: substitution of closing orders) substitute—...19(1) Section 289 (declaration of clearance area) is amended as...20For section 300 (purchase of houses liable to be demolished...21For section 304 (closing orders in relation to listed buildings)...22In section 307(1) (saving for rights arising from breach of...23In section 308(3) (approval of owner’s proposals for re-development)— 24Omit section 310 (certificate of fitness for human habitation resulting...25In section 318(1)(a) (power of court to authorise execution of...26For section 322 substitute— Minor definitions (1) In this Part the following expressions have the same...27In section 323 (index of defined expressions: Part 9) insert...28In section 439 (requirements as to fitness of premises before...29In section 582 (compulsory purchase orders: restriction on recovery of...30For section 584A (compensation payable in case of closing and...31For section 584B (repayment on revocation of demolition or closing...Landlord and Tenant Act 1985 (c. 70)32(1) Section 20C of the Landlord and Tenant Act 1985...Housing Act 1988 (c. 50)33In paragraph 47 of Schedule 17 to the Housing Act...Local Government and Housing Act 1989 (c. 42)34In section 100 of the Local Government and Housing Act...35In section 195(2) of that Act (short title, commencement and...Water Industry Act 1991 (c. 56)36For paragraph 2(2) of Schedule 4A to the Water Industry...Health Service Commissioners Act 1993 (c. 46)37(1) Section 18 of the Health Service Commissioners Act 1993...Home Energy Conservation Act 1995 (c. 10)38For paragraph (aa)(i) of the definition of “residential accommodation” in...Gas Act 1995 (c. 45)39In paragraph 2 of Schedule 4 to the Gas Act...Housing Act 1996 (c. 52)40The Housing Act 1996 has effect subject to the following...41In section 52(1) (general provisions as to orders) after “17,”...42In section 54 (determinations requiring approval), at the end of...43In section 210 (homelessness: suitability of accommodation)— Housing Grants, Construction and Regeneration Act 1996 (c. 53)44In section 24 of the Housing Grants, Construction and Regeneration...Government of Wales Act 1998 (c. 38)45(1) Paragraph 27 of Schedule 9 to the Government of...Freedom of Information Act 2000 (c. 36)46In the table in section 76(1) of the Freedom of...Local Government Act 2003 (c. 26)47In section 87 of the Local Government Act 2003 (housing...SCHEDULE 16Repeals2004 c. 34An Act to make provision about housing conditions; to regulate houses in multiple occupation and certain other residential accommodation; to make provision for home information packs in connection with the sale of residential properties; to make provision about secure tenants and the right to buy; to make provision about mobile homes and the accommodation needs of gypsies and travellers; to make other provision about housing; and for connected purposes.[18th November 2004]Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—