Housing Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 36B — Consideration payable for disposal under section 36A
Consideration payable for disposal under section 36A 36B 1 The consideration for a disposal made in respect of a right of first refusal as mentioned in section 36A(5) shall be such amount as may be…
Section 37 — Effect of improvement notices and prohibition orders as local land charges
Effect of improvement notices and prohibition orders as local land charges 37 1 An improvement notice or a prohibition order under this Chapter is a local land charge if subsection (2), (3) or (4)…
Section 38 — Savings for rights arising from breach of covenant etc.
Savings for rights arising from breach of covenant etc. 38 1 Nothing in this Chapter affects any remedy of an owner for breach of any covenant or contract entered into by a tenant in connection with…
Section 39 — Effect of Part 4 enforcement action and redevelopment proposals
Effect of Part 4 enforcement action and redevelopment proposals 39 1 Subsection (2) applies if— a an improvement notice or prohibition order has been served or made under this Chapter, and b a…
Section 39A — Treatment of deferred resale agreements for purposes of section 35
Treatment of deferred resale agreements for purposes of section 35 39A 1 If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the…
Section 40 — Emergency remedial action
Emergency remedial action 40 1 If— a the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and b they are further satisfied that the hazard involves…
Section 41 — Notice of emergency remedial action
Notice of emergency remedial action 41 1 The notice required by section 40(7) is a notice which complies with the following requirements of this section. 2 The notice must specify, in relation to the…
Section 42 — Recovery of expenses of taking emergency remedial action
Recovery of expenses of taking emergency remedial action 42 1 This section relates to the recovery by a local housing authority of expenses reasonably incurred in taking emergency remedial action…
Section 43 — Emergency prohibition orders
Emergency prohibition orders 43 1 If— a the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and b they are further satisfied that the hazard…
Section 44 — Contents of emergency prohibition orders
Contents of emergency prohibition orders 44 1 An emergency prohibition order under section 43 must comply with the following requirements of this section. 2 The order must specify, in relation to the…
Section 45 — Appeals relating to emergency measures
Appeals relating to emergency measures 45 1 A person on whom a notice under section 41 has been served in connection with the taking of emergency remedial action under section 40 may appeal to the…
Section 46 — Demolition orders
Demolition orders 46 For section 265 of the Housing Act 1985 (c. 68) substitute— Demolition orders 265 1 If— a the local housing authority are satisfied that a category 1 hazard exists in a dwelling…
Section 47 — Clearance areas
Clearance areas 47 In section 289 of the Housing Act 1985 (c. 68) (declaration of clearance area) for subsections (2) and (2A) substitute— 2 If the local housing authority are satisfied, in relation…
Section 48 — Transfer of jurisdiction in respect of appeals relating to demolition orders etc.
Transfer of jurisdiction in respect of appeals relating to demolition orders etc. 48 1 Part 9 of the Housing Act 1985 (c. 68) (slum clearance) is further amended as follows. 2 In section 269 (right…
Section 49 — Power to charge for certain enforcement action
Power to charge for certain enforcement action 49 1 A local housing authority may make such reasonable charge as they consider appropriate as a means of recovering certain administrative and other…
Section 50 — Recovery of charge under section 49
Recovery of charge under section 49 50 1 This section relates to the recovery by a local housing authority of a charge made by them under section 49. 2 In the case of— a an improvement notice under…
Section 51 — Repeal of power to improve existing enforcement procedures
Repeal of power to improve existing enforcement procedures 51 Omit section 86 of the Housing Grants, Construction and Regeneration Act 1996 (c. 53) (power to improve existing enforcement procedures…
Section 52 — Repeal of provisions relating to demolition of obstructive buildings
Repeal of provisions relating to demolition of obstructive buildings 52 Omit sections 283 to 288 of the Housing Act 1985 (c. 68) (demolition of obstructive buildings).
Section 53 — Miscellaneous repeals etc. in relation to fire hazards
Miscellaneous repeals etc. in relation to fire hazards 53 1 In the London Building Acts (Amendment) Act 1939 (c. xcvii)— a omit section 35(1)(c)(i) (protection against fire in certain old buildings…
Section 54 — Index of defined expressions: Part 1
Index of defined expressions: Part 1 54 The following table shows where expressions used in this Part are defined or otherwise explained. Expression Provision of this Act Appropriate national…
Section 55 — Licensing of HMOs to which this Part applies
Licensing of HMOs to which this Part applies 55 1 This Part provides for HMOs to be licensed by local housing authorities where— a they are HMOs to which this Part applies (see subsection (2)), and b…
Section 56 — Designation of areas subject to additional licensing
Designation of areas subject to additional licensing 56 1 A local housing authority may designate either— a the area of their district, or b an area in their district, as subject to additional…
Section 57 — Designations under section 56: further considerations
Designations under section 56: further considerations 57 1 This section applies to the power of a local housing authority to make designations under section 56. 2 The authority must ensure that any…
Section 58 — Designation needs confirmation or general approval to be effective
Designation needs confirmation or general approval to be effective 58 1 A designation of an area as subject to additional licensing cannot come into force unless— a it has been confirmed by the…
Section 59 — Notification requirements relating to designations
Notification requirements relating to designations 59 1 This section applies to a designation— a when it is confirmed under section 58, or b (if it is not required to be so confirmed) when it is made…
Section 60 — Duration, review and revocation of designations
Duration, review and revocation of designations 60 1 Unless previously revoked under subsection (4), a designation ceases to have effect at the time that is specified for this purpose in the…
Section 61 — Requirement for HMOs to be licensed
Requirement for HMOs to be licensed 61 1 Every HMO to which this Part applies must be licensed under this Part unless— a a temporary exemption notice is in force in relation to it under section 62,…
Section 62 — Temporary exemption from licensing requirement
Temporary exemption from licensing requirement 62 1 This section applies where a person having control of or managing an HMO which is required to be licensed under this Part (see section 61(1)) but…
Section 63 — Applications for licences
Applications for licences 63 1 An application for a licence must be made to the local housing authority. 2 The application must be made in accordance with such requirements as the authority may…
Section 64 — Grant or refusal of licence
Grant or refusal of licence 64 1 Where an application in respect of an HMO is made to the local housing authority under section 63, the authority must either— a grant a licence in accordance with…
Section 65 — Tests as to suitability for multiple occupation
Tests as to suitability for multiple occupation 65 1 The local housing authority cannot be satisfied for the purposes of section 64(3)(a) that the house is reasonably suitable for occupation by a…
Section 66 — Tests for fitness etc. and satisfactory management arrangements
Tests for fitness etc. and satisfactory management arrangements 66 1 In deciding for the purposes of section 64(3)(b) or (d) whether a person (“P”) is a fit and proper person to be the licence holder…
Section 67 — Licence conditions
Licence conditions 67 1 A licence may include such conditions as the local housing authority consider appropriate for regulating all or any of the following— a the management, use and occupation of…
Section 68 — Licences: general requirements and duration
Licences: general requirements and duration 68 1 A licence may not relate to more than one HMO. 2 A licence may be granted before the time when it is required by virtue of this Part but, if so, the…
Section 69 — Variation of licences
Variation of licences 69 1 The local housing authority may vary a licence— a if they do so with the agreement of the licence holder, or b if they consider that there has been a change of…
Section 70 — Power to revoke licences
Power to revoke licences 70 1 The local housing authority may revoke a licence— a if they do so with the agreement of the licence holder; b in any of the cases mentioned in subsection (2)…
Section 70A — Duty to revoke licence in banning order cases
Duty to revoke licence in banning order cases 70A 1 The local housing authority must revoke a licence if a banning order is made against the licence holder. 2 The local housing authority must revoke…
Section 71 — Procedural requirements and appeals against licence decisions
Procedural requirements and appeals against licence decisions 71 Schedule 5 (which deals with procedural requirements relating to the grant, refusal, variation or revocation of licences and with…
Section 72 — Offences in relation to licensing of HMOs
Offences in relation to licensing of HMOs 72 1 If an HMO is required to be licensed under this Part (see section 61(1)) but is not so licensed, an offence is committed by— a any person within…
Section 73 — Other consequences of operating unlicensed HMOs: rent repayment orders
Other consequences of operating unlicensed HMOs: rent repayment orders 73 1 For the purposes of this section an HMO is an “ unlicensed HMO ” if— a it is required to be licensed under this Part but is…
Section 74 — Further provisions about rent repayment orders
Further provisions about rent repayment orders 74 1 This section applies in relation to rent repayment orders made by residential property tribunals under section 73(5). 2 Where, on an application by…
Section 75 — Other consequences of operating unlicensed HMOs: restriction on terminating tenancies (England)
Other consequences of operating unlicensed HMOs: restriction on terminating tenancies (England) 75 1 No section 21 notice may be given in relation to a shorthold tenancy of a part of an unlicensed…
Section 75A — Other consequences of operating unlicensed HMOs: restriction on terminating tenancies (Wales)
Other consequences of operating unlicensed HMOs: restriction on terminating tenancies (Wales) 75A 1 No section 173 notice, no section 186 notice, no paragraph 25B of Schedule 12 notice and no section…
Section 76 — Transitional arrangements relating to introduction and termination of licensing
Transitional arrangements relating to introduction and termination of licensing 76 1 Subsection (2) applies where— a an order under section 55(3) which prescribes a particular description of HMOs…
Section 77 — Meaning of “HMO”
Meaning of “HMO” 77 In this Part— a “ HMO ” means a house in multiple occupation as defined by sections 254 to 259, and b references to an HMO include (where the context permits) any yard, garden,…
Section 78 — Index of defined expressions: Part 2
Index of defined expressions: Part 2 78 The following table shows where expressions used in this Part are defined or otherwise explained. Expression Provision of this Act Anti-social behaviour…
Section 79 — Licensing of houses to which this Part applies
Licensing of houses to which this Part applies 79 1 This Part provides for houses to be licensed by local housing authorities where— a they are houses to which this Part applies (see subsection (2)),…
Section 80 — Designation of selective licensing areas
Designation of selective licensing areas 80 1 A local housing authority may designate either— a the area of their district, or b an area in their district, as subject to selective licensing, if the…
Section 81 — Designations under section 80: further considerations
Designations under section 80: further considerations 81 1 This section applies to the power of a local housing authority to make designations under section 80. 2 The authority must ensure that any…
Section 82 — Designation needs confirmation or general approval to be effective
Designation needs confirmation or general approval to be effective 82 1 A designation of an area as subject to selective licensing cannot come into force unless— a it has been confirmed by the…