Section 260 — Housing Act 2004: HMOs: presumption that sole use condition or significant use condition is met

HMOs: presumption that sole use condition or significant use condition is met 260 1 Where a question arises in any proceedings as to whether either of the following is met in respect of a building or part of a building—

a the sole use condition, or b the significant use condition, it shall be presumed, for the purposes of the proceedings, that the condition is met unless the contrary is shown.

2 In this section—

a “ the sole use condition ” means the condition contained in—

i section 254(2)(d) (as it applies for the purposes of the standard test or the self-contained flat test), or ii section 254(4)(e), as the case may be;

and b “ the significant use condition ” means the condition contained in section 255(2) that the occupation of the living accommodation or flat referred to in that provision by persons who do not form a single household constitutes a significant use of that accommodation or flat.