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The Houses in Multiple Occupation (Asylum-Seeker Accommodation) (England) Regulations 2023

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2023, ISBN 9780348246889

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 250(6)(e) of the Housing Act 2004, for approval by resolution of each House of Parliament.

Housing, England

Made 2023

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 250(2)(a) and 254(6) of the Housing Act 2004f1.

In accordance with section 250(6)(e) of that Act, a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2004 c.34; see section 261(1) for the definition of “appropriate national authority”.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of section 254 of the Housing Act 2004
  3. 3Repeal of subsections (5A) and (5B) of section 254 when spent
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Houses in Multiple Occupation (Asylum-Seeker Accommodation) (England) Regulations 2023.

(2)

These Regulations come into force on the day after the day on which they are made.

(3)

These Regulations extend to England and Wales.

2Amendment of section 254 of the Housing Act 2004

(1)

Section 254 of the Housing Act 2004 (meaning of “house in multiple occupation”) is amended as follows.

(2)

After subsection (5) insert—

“(5A)

A building, or part of a building, in England which is within subsection (1) is not a house in multiple occupation for the purposes of Part 2 during the relevant period if—

(a)

it is occupied solely or principally by asylum-seekers or members of their household; and

(b)

the person managing or having control of it is—

(i)

a relevant landlord, or

(ii)

an AASC provider; and

(c)

in the case of an AASC provider, the occupation as mentioned in paragraph (a) began in the period beginning with the date the Houses in Multiple Occupation (Asylum-Seeker Accommodation) (England) Regulations 2023 came into force and ending with 30th June 2024.

(5B)

For the purposes of subsection (5A) and this subsection—

(a)

“AASC provider” means a person who has entered into a contract with the Secretary of State to procure accommodation for asylum-seekers to discharge the functions of the Secretary of State under section 4, 95 or 98 of the Immigration and Asylum Act 1999f1;

(b)

“asylum-seeker” means a person to whom support may be provided under section 4, 95 or 98 of the Immigration and Asylum Act 1999;

(c)

“asylum-seeker accommodation contract” means a contract between an AASC provider and another person under which that other person contracts to provide accommodation to asylum-seekers, but does not include a renewal of a contract entered into before the relevant period;

(d)

“relevant landlord” means a person who has entered into an asylum-seeker accommodation contract with an AASC provider during the period beginning with the day the Houses in Multiple Occupation (Asylum-Seeker Accommodation) (England) Regulations 2023 came into force and ending with 30 June 2024;

(e)

“relevant period” in relation to a building, or part of a building, means the period of 2 years beginning with—

(i)

where the person managing or having control of it is a relevant landlord, the date the asylum-seeker accommodation contract, pursuant to which the building or part of the building is occupied as mentioned in subsection (5A)(a), was entered into;

(ii)

where the person managing or having control of it is an AASC provider, the date that the building or part of the building started to be occupied as mentioned in subsection (5A)(a).”.

3Repeal of subsections (5A) and (5B) of section 254 when spent

The amendments made by regulation 2 are repealed on 1st July 2026.

Signature

Signed by authority of the Secretary of State

Name

Parliamentary Under Secretary of State

Department for Levelling Up, Housing and Communities

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the definition of “house in multiple occupation” (“HMO”) in England for the purposes of Part 2 of the Housing Act 2004. The effect is that accommodation provided on behalf of the Home Office for asylum-seekers does not require an HMO licence from a local authority during a specified period.

The exemption from the requirement to obtain a licence applies where arrangements for accommodation to be provided for asylum-seekers begin during the period beginning with the coming into force of these Regulations and ending on 30th June 2024 and lasts for a period of 2 years from the date those arrangements begin.

An impact assessment has not been produced as no significant impact on the private or voluntary sectors is envisaged.