Section 142 — Housing Act 2004: Requirement as to new residents

Requirement as to new residents 142 1 The requirement prescribed by this section is that the person on whom the notice is served must refrain from—

a permitting a room to be occupied by a new resident as sleeping accommodation otherwise than in accordance with the notice; or b permitting a new resident to occupy any part of the HMO as sleeping accommodation if that is not possible without persons of opposite sexes who are not living together as a married couple or civil partners sleeping in the same room.

2 In subsection (1) “ new resident ” means a person who was not an occupier of the HMO immediately before the notice was served.

3 For the purposes of subsection (1)(b)—

a children under the age of 10 are to be disregarded;

and b it must be assumed that the persons occupying any part of the HMO as sleeping accommodation sleep only in rooms for which a maximum is set by the notice and that the maximum set for each room is not exceeded.