Section 259 — Housing Act 2004: HMOs: persons treated as occupying premises as only or main residence

HMOs: persons treated as occupying premises as only or main residence 259 1 This section sets out when persons are to be treated for the purposes of section 254 as occupying a building or part of a building as their only or main residence.

2 A person is to be treated as so occupying a building or part of a building if it is occupied by the person—

a as the person’s residence for the purpose of undertaking a full-time course of further or higher education;

b as a refuge, or c in any other circumstances which are circumstances of a description specified for the purposes of this section in regulations made by the appropriate national authority.

3 In subsection (2)(b) “ refuge ” means a building or part of a building managed by a voluntary organisation and used wholly or mainly for the temporary accommodation of persons who have left their homes as a result of—

a physical violence or mental abuse, or b threats of such violence or abuse, from persons who are or were their spouses or civil partners or with whom they are or were co-habiting.