Housing Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section 83 — Notification requirements relating to designations
Notification requirements relating to designations 83 1 This section applies to a designation— a when it is confirmed under section 82, or b (if it is not required to be so confirmed) when it is made…
Section 84 — Duration, review and revocation of designations
Duration, review and revocation of designations 84 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 85 — Requirement for Part 3 houses to be licensed
Requirement for Part 3 houses to be licensed 85 1 Every Part 3 house must be licensed under this Part unless— a it is an HMO to which Part 2 applies (see section 55(2)), or b a temporary exemption…
Section 86 — Temporary exemption from licensing requirement
Temporary exemption from licensing requirement 86 1 This section applies where a person having control of or managing a Part 3 house which is required to be licensed under this Part (see section…
Section 87 — Applications for licences
Applications for licences 87 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 88 — Grant or refusal of licence
Grant or refusal of licence 88 1 Where an application in respect of a house is made to the local housing authority under section 87, the authority must either— a grant a licence in accordance with…
Section 89 — Tests for fitness etc. and satisfactory management arrangements
Tests for fitness etc. and satisfactory management arrangements 89 1 In deciding for the purposes of section 88(3)(a) or (c) whether a person (“P”) is a fit and proper person to be the licence holder…
Section 90 — Licence conditions
Licence conditions 90 1 A licence may include such conditions as the local housing authority consider appropriate for regulating the management, use or occupation of the house concerned. 2 Those…
Section 91 — 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…
Section 92 — Variation of licences
Variation of licences 92 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 93 — Power to revoke licences
Power to revoke licences 93 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 93A — Duty to revoke licence in banning order cases
Duty to revoke licence in banning order cases 93A 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 94 — Procedural requirements and appeals against licence decisions
Procedural requirements and appeals against licence decisions 94 Schedule 5 (which deals with procedural requirements relating to the grant, refusal, variation or revocation of licences and with…
Section 95 — Offences in relation to licensing of houses under this Part
Offences in relation to licensing of houses under this Part 95 1 If a house is required to be licensed under this Part (see section 85(1)) but is not so licensed, an offence is committed by— a any…
Section 96 — Other consequences of operating unlicensed houses: rent repayment orders
Other consequences of operating unlicensed houses: rent repayment orders 96 1 For the purposes of this section a house is an “ unlicensed house ” if— a it is required to be licensed under this Part…
Section 97 — Further provisions about rent repayment orders
Further provisions about rent repayment orders 97 1 This section applies in relation to orders made by residential property tribunals under section 96(5). 2 Where, on an application by the local…
Section 98 — Other consequences of operating unlicensed houses: restriction on terminating tenancies (England)
Other consequences of operating unlicensed houses: restriction on terminating tenancies (England) 98 1 No section 21 notice may be given in relation to a shorthold tenancy of the whole or part of an…
Section 98A — Other consequences of operating unlicensed houses: restriction on terminating tenancies (Wales)
Other consequences of operating unlicensed houses: restriction on terminating tenancies (Wales) 98A 1 No section 173 notice, no section 186 notice, no paragraph 25B of Schedule 12 notice and no…
Section 99 — Meaning of “house” etc.
Meaning of “house” etc. 99 In this Part— “ dwelling ” means a building or part of a building occupied or intended to be occupied as a separate dwelling; “ house ” means a building or part of a…
Section 100 — Index of defined expressions: Part 3
Index of defined expressions: Part 3 100 The following table shows where expressions used in this Part are defined or otherwise explained. Expression Provision of this Act Anti-social behaviour…
Section 101 — Interim and final management orders: introductory
Interim and final management orders: introductory 101 1 This Chapter deals with the making by a local housing authority of— a an interim management order (see section 102), or b a final management…
Section 102 — Making of interim management orders
Making of interim management orders 102 1 A local housing authority— a are under a duty to make an interim management order in respect of a house in a case within subsection (2) or (3), and b have…
Section 103 — Special interim management orders
Special interim management orders 103 1 This section applies to a house if the whole of it is occupied either— a under a single tenancy or licence that is not an exempt tenancy or licence under…
Section 104 — The health and safety condition
The health and safety condition 104 1 This section explains what “the health and safety condition” is for the purposes of section 102. 2 The health and safety condition is that the making of an…
Section 105 — Operation of interim management orders
Operation of interim management orders 105 1 This section deals with the time when an interim management order comes into force or ceases to have effect. 2 The order comes into force when it is made,…
Section 106 — Local housing authority’s duties once interim management order in force
Local housing authority’s duties once interim management order in force 106 1 A local housing authority who have made an interim management order in respect of a house must comply with the following…
Section 107 — General effect of interim management orders
General effect of interim management orders 107 1 This section applies while an interim management order is in force in relation to a house. 2 The rights and powers conferred by subsection (3) are…
Section 108 — General effect of interim management orders: leases and licences granted by authority
General effect of interim management orders: leases and licences granted by authority 108 1 This section applies in relation to any interest or right created by the authority under section 107(3)(c).…
Section 109 — General effect of interim management orders: immediate landlords, mortgagees etc.
General effect of interim management orders: immediate landlords, mortgagees etc. 109 1 This section applies in relation to— a immediate landlords, and b other persons with an estate or interest in…
Section 110 — Financial arrangements while order is in force
Financial arrangements while order is in force 110 1 This section applies to relevant expenditure of a local housing authority who have made an interim management order. 2 “ Relevant expenditure ”…
Section 111 — Variation of interim management orders
Variation of interim management orders 111 1 The local housing authority may vary an interim management order if they consider it appropriate to do so. 2 A variation does not come into force until…
Section 112 — Revocation of interim management orders
Revocation of interim management orders 112 1 The local housing authority may revoke an interim management order in the following cases— a if the order was made under section 102(2) or (3) and the…
Section 113 — Making of final management orders
Making of final management orders 113 1 A local housing authority who have made an interim management order in respect of a house under any provision of section 102 other than subsection (7A) of that…
Section 114 — Operation of final management orders
Operation of final management orders 114 1 This section deals with the time when a final management order comes into force or ceases to have effect. 2 The order does not come into force until such…
Section 115 — Local housing authority’s duties once final management order in force
Local housing authority’s duties once final management order in force 115 1 A local housing authority who have made a final management order in respect of a house must comply with the following…
Section 116 — General effect of final management orders
General effect of final management orders 116 1 This section applies while a final management order is in force in relation to a house. 2 The rights and powers conferred by subsection (3) are…
Section 117 — General effect of final management orders: leases and licences granted by authority
General effect of final management orders: leases and licences granted by authority 117 1 This section applies in relation to any interest or right created by the authority under section 116(3)(c). 2…
Section 118 — General effect of final management orders: immediate landlords, mortgagees etc.
General effect of final management orders: immediate landlords, mortgagees etc. 118 1 This section applies in relation to— a immediate landlords, and b other persons with an estate or interest in the…
Section 119 — Management schemes and accounts
Management schemes and accounts 119 1 A final management order must contain a management scheme. 2 A “ management scheme ” is a scheme setting out how the local housing authority are to carry out…
Section 120 — Enforcement of management scheme by relevant landlord
Enforcement of management scheme by relevant landlord 120 1 An affected person may apply to the appropriate tribunal for an order requiring the local housing authority to manage the whole or part of…
Section 121 — Variation of final management orders
Variation of final management orders 121 1 The local housing authority may vary a final management order if they consider it appropriate to do so. 2 A variation does not come into force until such…
Section 121A — Order suspending right to buy because of anti-social behaviour
Order suspending right to buy because of anti-social behaviour 121A 1 The court may, on the application of the landlord under a secure tenancy, make a suspension order in respect of the tenancy. 2 A…
Section 121AA — Information to help tenants decide whether to exercise right to buy etc.
Information to help tenants decide whether to exercise right to buy etc. 121AA 1 Every body which lets dwelling-houses under secure tenancies shall prepare a document that contains information for…
Section 121B — Provision of information
Provision of information 121B 1 This section sets out when the document prepared by a body under section 121AA is to be published or otherwise made available. 2 The body shall— a publish the document…
Section 122 — Revocation of final management orders
Revocation of final management orders 122 1 The local housing authority may revoke a final management order in the following cases— a if the order was made under section 113(2) or (5) and the house…
Section 123 — Procedural requirements and appeals
Procedural requirements and appeals 123 Schedule 6 (which deals with procedural requirements relating to the making, variation or revocation of interim and final management orders and with appeals…
Section 124 — Effect of management orders: occupiers
Effect of management orders: occupiers 124 1 This section applies to existing and new occupiers of a house in relation to which an interim or final management order is in force. 2 In this section— “…
Section 125 — Effect of management orders: agreements and legal proceedings
Effect of management orders: agreements and legal proceedings 125 1 An agreement or instrument within subsection (2) has effect, while an interim or final management order is in force, as if any…
Section 125A — Extension of trial period by 6 months
Extension of trial period by 6 months 125A 1 If both of the following conditions are met in relation to an introductory tenancy, the trial period is extended by 6 months. 2 The first condition is…
Section 125B — Review of decision to extend trial period
Review of decision to extend trial period 125B 1 A request for review of the landlord’s decision that the trial period for an introductory tenancy should be extended under section 125A must be made…