Housing Act 2004 |
2004 Chapter 34 - continued |
|
back to previous text |
 | |
|
SCHEDULE 5 |
Sections 71 and 94 |
|
LICENCES UNDER PARTS 2 AND 3: PROCEDURE AND APPEALS |
|
PART 1 |
|
PROCEDURE RELATING TO GRANT OR REFUSAL OF LICENCES |
| Requirements before grant of licence |
1 | Before granting a licence, the local housing authority must- |
|
(a) serve a notice under this paragraph, together with a copy of the proposed licence, on the applicant for the licence and each relevant person, and |
|
(b) consider any representations made in accordance with the notice and not withdrawn. |
2 | The notice under paragraph 1 must state that the authority are proposing to grant the licence and set out- |
|
(a) the reasons for granting the licence, |
|
(b) the main terms of the licence, and |
|
(c) the end of the consultation period. |
3 | (1) This paragraph applies if, having considered representations made in accordance with a notice under paragraph 1 or this paragraph, the local housing authority propose to grant a licence with modifications. |
|
(2) Before granting the licence the authority must- |
|
(a) serve a notice under this paragraph on the applicant for the licence and each relevant person, and |
|
(b) consider any representations made in accordance with the notice and not withdrawn. |
4 | The notice under paragraph 3 must set out- |
|
(a) the proposed modifications, |
|
(b) the reasons for them, and |
|
(c) the end of the consultation period. |
| Requirements before refusal to grant licence |
5 | Before refusing to grant a licence, the local housing authority must- |
|
(a) serve a notice under this paragraph on the applicant for the licence and each relevant person, and |
|
(b) consider any representations made in accordance with the notice and not withdrawn. |
6 | The notice under paragraph 5 must state that the local housing authority are proposing to refuse to grant the licence and set out- |
|
(a) the reasons for refusing to grant the licence, and |
|
(b) the end of the consultation period. |
| Requirements following grant or refusal of licence |
7 | (1) This paragraph applies where the local housing authority decide to grant a licence. |
|
(2) The local housing authority must serve on the applicant for the licence (and, if different, the licence holder) and each relevant person- |
|
(a) a copy of the licence, and |
|
(b) a notice setting out- |
|
(i) the reasons for deciding to grant the licence and the date on which the decision was made,
|
|
(ii) the right of appeal against the decision under Part 3 of this Schedule, and
|
|
(iii) the period within which an appeal may be made (see paragraph 33(1)).
|
|
(3) The documents required to be served under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made. |
8 | (1) This paragraph applies where the local housing authority refuse to grant a licence. |
|
(2) The local housing authority must serve on the applicant for the licence and each relevant person a notice setting out- |
|
(a) the authority's decision not to grant the licence, |
|
(b) the reasons for the decision and the date on which it was made, |
|
(c) the right of appeal against the decision under Part 3 of this Schedule, and |
|
(d) the period within which an appeal may be made (see paragraph 33(1)). |
|
(3) The notices required to be served under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made. |
| Exceptions from requirements in relation to grant or refusal of licences |
9 | The requirements of paragraph 3 (and those of paragraph 1) do not apply if the local housing authority- |
|
(a) have already served a notice under paragraph 1 but not paragraph 3 in relation to the proposed licence, and |
|
(b) consider that the modifications which are now being proposed are not material in any respect. |
10 | The requirements of paragraph 3 (and those of paragraph 1) do not apply if the local housing authority- |
|
(a) have already served notices under paragraphs 1 and 3 in relation to the matter concerned, and |
|
(b) consider that the further modifications which are now being proposed do not differ in any material respect from the modifications in relation to which a notice was last served under paragraph 3. |
11 | Paragraphs 5, 6 and 8 do not apply to a refusal to grant a licence on particular terms if the local housing authority are proposing to grant the licence on different terms. |
| Meaning of "the end of the consultation period" |
12 | (1) In this Part of this Schedule "the end of the consultation period" means the last day for making representations in respect of the matter in question. |
|
(2) The end of the consultation period must be- |
|
(a) in the case of a notice under paragraph 1 or 5, a day which is at least 14 days after the date of service of the notice; and |
|
(b) in the case of a notice under paragraph 3, a day which is at least 7 days after the date of service of the notice. |
|
(3) In sub-paragraph (2) "the date of service" of a notice means, in a case where more than one notice is served, the date on which the last of the notices is served. |
| Meaning of "licence" and "relevant person" |
13 | (1) In this Part of this Schedule "licence" means a licence under Part 2 or 3 of this Act. |
|
(2) In this Part of this Schedule "relevant person", in relation to a licence under Part 2 or 3 of this Act, means any person (other than a person excluded by sub-paragraph (3))- |
|
(a) who, to the knowledge of the local housing authority concerned, is- |
|
(i) a person having an estate or interest in the HMO or Part 3 house in question, or
|
|
(ii) a person managing or having control of that HMO or Part 3 house (and not falling within sub-paragraph (i)), or
|
|
(b) on whom any restriction or obligation is or is to be imposed by the licence in accordance with section 67(5) or 90(6). |
|
(3) The persons excluded by this sub-paragraph are- |
|
(a) the applicant for the licence and (if different) the licence holder, and |
|
(b) any tenant under a lease with an unexpired term of 3 years or less. |
|
|
|
|
|
|
| |
|
Other UK Acts |
Home |
Scotland Legislation |
Wales Legislation |
Northern Ireland Legislation |
Her Majesty's Stationery Office
|
|