PART 5Housing, estate agents and rentcharges: other changes
Housing regulation in England
125Licences for HMO and other rented accommodation: additional tests
1
The Housing Act 2004 is amended as follows.
2
In section 63 (application for licences: houses in multiple occupation), in subsection (6)(c), after “information” insert “
or evidence
”
.
3
In section 66 (tests for fitness and satisfactory management arrangements: houses in multiple occupation)—
a
after subsection (1) insert—
1A
A local housing authority in England must also have regard to any evidence within subsection (3A) or (3B).
b
in subsection (2), in paragraph (c), after “tenant law” insert “
(including Part 3 of the Immigration Act 2014)
”
;
c
after subsection (3) insert—
3A
Evidence is within this subsection if it shows that P—
a
requires leave to enter or remain in the United Kingdom but does not have it; or
b
is insolvent or an undischarged bankrupt.
3B
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) is a person to whom subsection (3A)(a) or (b) applies; and
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.
4
In section 70 (revocation of licences), in subsection (2), in the words after paragraph (c)—
a
for “Section 66(1) applies” substitute “
Section 66(1) and (1A) apply
”
;
b
for “it applies” substitute “
they apply
”
.
5
In section 87 (application for licences: certain other houses), in subsection (6)(c) after “information” insert “
or evidence
”
.
6
In section 89 (tests for fitness and satisfactory management arrangements: certain other houses)—
a
after subsection (1) insert—
1A
A local housing authority in England must also have regard to any evidence within subsection (3A) or (3B).
b
in subsection (2), in paragraph (c), after “tenant law” insert “
(including Part 3 of the Immigration Act 2014)
”
;
c
after subsection (3) insert—
3A
Evidence is within this subsection if it shows that P—
a
requires leave to enter or remain in the United Kingdom but does not have it; or
b
is insolvent or an undischarged bankrupt.
3B
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) is a person to whom subsection (3A)(a) or (b) applies; and
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.
7
In section 93, in subsection (2), in the words after paragraph (c)—
a
for “Section 89(1) applies” substitute “
Section 89(1) and (1A) apply
”
;
b
for “it applies” substitute “
they apply
”
.