Section 125 — Housing and Planning Act 2016: Licences for HMO and other rented accommodation: additional tests

Licences for HMO and other rented accommodation: additional tests 125 1 The Housing Act 2004 is amended as follows.

2 In section 63 (application for licences: houses in multiple occupation), in subsection (6)(c), after “information” insert “ or evidence ” .

3 In section 66 (tests for fitness and satisfactory management arrangements: houses in multiple occupation)—

a after subsection (1) insert— 1A A local housing authority in England must also have regard to any evidence within subsection (3A) or (3B). ;

b in subsection (2), in paragraph (c), after “tenant law” insert “ (including Part 3 of the Immigration Act 2014) ” ;

c after subsection (3) insert— 3A Evidence is within this subsection if it shows that P—

a requires leave to enter or remain in the United Kingdom but does not have it; or b is insolvent or an undischarged bankrupt. 3B Evidence is within this subsection if—

a it shows that any person associated or formerly associated with P (whether on a personal, work or other basis) is a person to whom subsection (3A)(a) or (b) applies;

and b it appears to the authority that the evidence is relevant to the question whether P is a fit and proper person to be the licence holder or (as the case may be) the manager of the house.

4 In section 70 (revocation of licences), in subsection (2), in the words after paragraph (c)—

a for “Section 66(1) applies” substitute “ Section 66(1) and (1A) apply ” ;

b for “it applies” substitute “ they apply ” .

5 In section 87 (application for licences: certain other houses), in subsection (6)(c) after “information” insert “ or evidence ” .

6 In section 89 (tests for fitness and satisfactory management arrangements: certain other houses)—

a after subsection (1) insert— 1A A local housing authority in England must also have regard to any evidence within subsection (3A) or (3B). ;

b in subsection (2), in paragraph (c), after “tenant law” insert “ (including Part 3 of the Immigration Act 2014) ” ;

c after subsection (3) insert— 3A Evidence is within this subsection if it shows that P—

a requires leave to enter or remain in the United Kingdom but does not have it; or b is insolvent or an undischarged bankrupt. 3B Evidence is within this subsection if—

a it shows that any person associated or formerly associated with P (whether on a personal, work or other basis) is a person to whom subsection (3A)(a) or (b) applies;

and b it appears to the authority that the evidence is relevant to the question whether P is a fit and proper person to be the licence holder or (as the case may be) the manager of the house.

7 In section 93, in subsection (2), in the words after paragraph (c)—

a for “Section 89(1) applies” substitute “ Section 89(1) and (1A) apply ” ;

b for “it applies” substitute “ they apply ” .