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 ”.