Paragraph 4 HMOs registered under certain relevant schemes: transitional arrangements relating to introduction of licensing

(1)

Subject to sub-paragraph (2), this paragraph applies to an HMO which immediately before the first commencement date is registered under a relevant scheme and is either—

(a)

a prescribed HMO; or

(b)

situated within an area in respect of which a designation is deemed to have been made under paragraph 3(2).

(2)

This paragraph does not apply to an HMO which is a converted block of flats to which section 257 of the 2004 Act applies.

(3)

A local housing authority shall be deemed to have granted a licence in respect of a HMO to which this paragraph applies to any person who, before the first commencement date, was recorded on the register authorised by the relevant scheme as the person managing the HMO.

(4)

Subject to the following sub-paragraphs, a licence deemed to have been granted under sub-paragraph (3) shall—

(a)

be treated for all purposes of the 2004 Act as a licence under Part 2 of that Act;

(b)

be deemed to specify in it the first commencement date as the date the licence comes into force;

(c)

unless previously terminated by section 68(7) or revoked under section 70 of the 2004 Act, continue in force until the date that the HMO’s registration under the relevant scheme would have expired^f1; and

(d)

be deemed to have been granted on the same conditions as those attached to the registration under the relevant scheme.

(5)

The conditions on which such a licence are deemed to have been granted do not include any conditions attaching to a HMO’s registration under a relevant scheme which relates to—

(a)

a repair notice served under sections 189 or 190 of the 1985 Act;

(b)

a notice served under section 352 of that Act (power to require execution of works to render premises fit for number of occupants); or

(c)

an occupancy direction made under section 348D of that Act which could not be imposed as a condition under section 67(2) of the 2004 Act.

(6)

Within the period of three months beginning on the first commencement date the local housing authority shall—

(a)

send to the person to whom the licence is deemed to have been granted under sub-paragraph (3) (“the licence holder”) particulars of the licence including—

(i)

the conditions of the licence; and

(ii)

the date of expiry of the licence; and

(b)

if the licence expires less than 6 months after the first commencement date, send to the licence holder a notice informing him of the need to apply for a new licence on the expiry of the licence.

(7)

Schedule 4 (licences under Parts 2 and 3: mandatory conditions) and Part 1 of Schedule 5 (licences under Parts 2 and 3: procedure and appeals) to the 2004 Act shall not apply in relation to a licence deemed to have been granted under sub-paragraph (3).

(8)

Registration of an HMO under a relevant scheme in respect of which a licence is deemed to have been granted under sub-paragraph (3) shall cease to have effect on the first commencement date.

(9)

The licence holder shall not be charged for any costs incurred by the local housing authority taking any action under this paragraph.

Annotations

Footnotes

f1: By section 346A(2)(a) of the 1985 Act registration under a scheme made under section 346 is for a period of five year from the date or registration.