Section 91 — Housing Act 2004: Licences: general requirements and duration

Licences: general requirements and duration 91 1 A licence may not relate to more than one Part 3 house.

2 A licence may be granted before the time when it is required by virtue of this Part but, if so, the licence cannot come into force until that time.

3 A licence—

a comes into force at the time that is specified in or determined under the licence for this purpose, and b unless previously terminated by subsection (7) or revoked under section 93 or 93A , continues in force for the period that is so specified or determined.

4 That period must not end more than 5 years after—

a the date on which the licence was granted, or b if the licence was granted as mentioned in subsection (2), the date when the licence comes into force.

5 Subsection (3)(b) applies even if, at any time during that period, the house concerned subsequently ceases to be a Part 3 house or becomes an HMO to which Part 2 applies (see section 55(2)).

6 A licence may not be transferred to another person.

7 If the holder of the licence dies while the licence is in force, the licence ceases to be in force on his death.

8 However, during the period of 3 months beginning with the date of the licence holder’s death, the house is to be treated for the purposes of this Part as if on that date a temporary exemption notice had been served in respect of the house under section 86.

9 If, at any time during that period (“the initial period”), the personal representatives of the licence holder request the local housing authority to do so, the authority may serve on them a notice which, during the period of 3 months after the date on which the initial period ends, has the same effect as a temporary exemption notice under section 86.

10 Subsections (6) to (8) of section 86 apply (with any necessary modifications) in relation to a decision by the authority not to serve such a notice as they apply in relation to a decision not to serve a temporary exemption notice.