overcrowding housing act 2004

Subject to this Part and The Life Leases Act, when there is a change of landlord, all benefits and obligations arising under this Act or The Life Leases Act, and any additional benefits and obligations arising under a written tenancy agreement, bind the new landlord. 13. 3. It is measured in one of two ways under housing law. 3. (1) Until recovered, the expenses recoverable by the local housing... Recovery of expenses and interest from other persons profiting from taking of action. 32. 1. (1) Where the HMO is in England, a licence under... Time for compliance with conditions under paragraph 1A(2) and (3). without See how this legislation has or could change over time. (1) Every custodial scheme or insurance scheme must provide for... 10A.A tenancy deposit scheme may make provision as to the... Service of documents by scheme administrator on landlords. There may be changes and effects to this Legislation not yet recorded or applied to the text. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). in relation to fire hazards, Part 2 Licensing of houses in multiple occupation, 55.Licensing of HMOs to which this Part applies, Designation of additional licensing areas, 56.Designation of areas subject to additional licensing, 57.Designations under section 56: further considerations, 58.Designation needs confirmation or general approval to be effective, 59.Notification requirements relating to designations, 60.Duration, review and revocation of designations, 62.Temporary exemption from licensing requirement, 65.Tests as to suitability for multiple occupation, 66.Tests for fitness etc. 11. This date is our basedate. (1) In this Part of this Schedule “licence” means a... Part 1 Procedure relating to making of management orders, Requirements before making final management order. Authorisations for enforcement purposes etc. Who is a private landlord?There is no fixed legal definition of private landlord – but on these pages we mean any landlord who is not: 1. a local authority 2. in England, a private registered provider (i.e. Improvement notices: enforcement action by local housing authorities. Chapter 5 General and miscellaneous provisions relating to enforcement action, Recovery of expenses relating to enforcement action, 49.Power to charge for certain enforcement action, 51.Repeal of power to improve existing enforcement procedures, 52.Repeal of provisions relating to demolition of obstructive buildings, 53.Miscellaneous repeals etc. Local authority assessment of hazards in HMOs. For more information see the EUR-Lex public statement on re-use. 1. The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. The Housing Act 1988 is amended as follows. To understand whether or not the text of this legislation is up to date, please check those references in the following pieces of legislation. (1) This paragraph applies to an appeal to the appropriate... “The operative time” for the purposes of section 15(5). Room standard. See Indigenous housing . 17. Greater London Council (General Powers) Act 1981 (c. xvii). 20. 28. Right to appeal against decision or refusal to vary or revoke interim management order. 23. Meaning of “lease”, “tenancy”, “occupier” and “owner” etc. 3. Powers and procedure of residential property tribunals, Appeals from residential property tribunals, Additional Powers of First-tier Tribunal and Upper Tribunal, Transfer from court to First-tier Tribunal. (1) This paragraph applies where a local housing authority have... Time limits for appeals under paragraph 34. 32A. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. 19. Act you have selected contains over Schedules you have selected contains over Due to a high volume of changes being made to legislation for EU exit, we have not been able to research and record them all. 10. (1) This paragraph applies where the local housing authority decide... 7.A notice under paragraph 6 must set out—, Notice of refusal to revoke or vary notice. The property is a house in multiple occupation and requires a licence under Part 2 of the Housing Act 2004 S55 and that licence has not been obtained. Exceptions from requirements relating to making of final management order. 8. Right to buy: termination of rent to mortgage scheme, 190.Termination of rent to mortgage scheme, Suspension of certain rights in connection with anti-social behaviour, 191.Secure tenancies: withholding of consent to mutual exchange, 192.Right to buy: suspension by court order, 193.Right to buy: suspension of landlord’s obligation to complete, 194.Disclosure of information as to orders etc. Definitions of Overcrowding The most common measure of overcrowding is persons-per-room in a dwelling unit. (1) A relevant person may appeal to the appropriate tribunal... Appeals: time limits for appeals under paragraph 26. 24. 11. (1) The local housing authority may, by agreement with the... 2.Any action taken by the local housing authority under paragraph... Part 2 Power to take action without agreement. (1) A building where the person managing or having control... 2A.A building— (a) which is social housing within the meaning... 2B.Buildings controlled or managed by a co-operative society, Buildings regulated otherwise than under this Act. S.M. Licences and other documents in electronic form, Timing and location of things done electronically, Financial penalties for certain housing offences in England, Power to up-rate level of fines for certain offences, HMOs: persons not forming a single household, HMOs: persons treated as occupying premises as only or main residence, HMOs: presumption that sole use condition or significant use condition is met. (1) A licence under Part 2 or 3 must include... Additional conditions to be included in licences under Part 2: floor area etc. Public authorities in the ACT must give proper consideration to relevant human rights in making their decisions and must act consistently and compatibly with human rights.3 According to the Human 27. The Whole There are currently no additional references that you need to check. (1) This paragraph deals with the time when an interim... (1) This paragraph applies while an interim EDMO is in... (1) This paragraph applies in relation to any interest or... (1) This paragraph applies in relation to—. 36. Centre for Comparative Housing Research and the Health Policy Research Unit at De Montfort University, Leicester. (1) Section 289 (declaration of clearance area) is amended as... 20.For section 300 (purchase of houses liable to be demolished... 21.For section 304 (closing orders in relation to listed buildings)... 22.In section 307(1) (saving for rights arising from breach of... 23.In section 308(3) (approval of owner’s proposals for re-development)—. 16. It also covers the alteration and demolition of existing buildings. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. For section 324 (Definition of overcrowding) of the Housing Act 1985 (in this . There are changes that may be brought into force at a future date. Overcrowding was higher for Indigenous housing at 14% (AIHW 2019f). 3. This date is our basedate. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below. (1) This paragraph applies to an appeal to the appropriate... “The operative time” for the purposes of section 24(5). 33. The Housing Act 2004 is amended to include section 249A “Financial penalties for certain housing offences in England”. (1) This paragraph applies while a final EDMO is in... General effect of final EDMOs: leases and licences granted by authority. (1) The provision made by a tenancy deposit scheme under... 11.The appropriate national authority may by order make such amendments... 12.In this Schedule references to tenants under shorthold tenancies include... 1.In section 87 of the Housing Associations Act 1985 (financial... 2.The Housing Act 1988 is amended as follows. General effect of interim management orders: immediate landlords, mortgagees etc. For further information see the Editorial Practice Guide and Glossary under Help. (1) This paragraph applies in relation to—, Financial arrangements while order is in force. 2.A licence under Part 3 must include conditions requiring the... 3.The appropriate national authority may by regulations amend this Schedule... 4.In this Schedule “the house” means the HMO or Part... Licences under Parts 2 and 3: procedure and appeals, Part 1 Procedure relating to grant or refusal of licences, 1.Before granting a licence, the local housing authority must—. The remedies found in the main statutes – the Housing Act 2004 and the Environmental Protection Act 1990 – are used by the local authority to take action against private landlords and private registered providers of social housing. 200 provisions and might take some time to download. The revised definition of an HMO came into force on 18 January 2004. (1) Procedure regulations may include provision as to—. An order under this section may modify any enactment (including this Act). Right to appeal against refusal or grant of licence. Part 7 Supplementary and final provisions, 230.Powers and procedure of residential property tribunals, 231.Appeals from residential property tribunals, 231A.Additional Powers of First-tier Tribunal and Upper Tribunal, 231B.Transfer from court to First-tier Tribunal, 231C.Appeals from the First-tier Tribunal, Register of licences and management orders, 232.Register of licences and management orders. Find out if your home is illegally overcrowded, also known as statutory overcrowding. 15. More information is available about EU Legislation and UK Law. (1) The following paragraphs list buildings which are not houses... Buildings controlled or managed by public sector bodies etc. More than 100,000 people see their health suffer every year because they live in overcrowded conditions. (Housing Act 2004 Section 234) 2.0 Financial Penalties 2.1 The law allows a maximum financial penalty of £30,000 to be imposed per offence. and satisfactory management arrangements, 91.Licences: general requirements and duration, 93A.Duty to revoke licence in banning order cases, 94.Procedural requirements and appeals against licence decisions, 95.Offences in relation to licensing of houses under this Part, 96.Other consequences of operating unlicensed houses: rent repayment orders, 97.Further provisions about rent repayment orders, 98.Other consequences of operating unlicensed houses: restriction on terminating tenancies, Part 4 Additional control provisions in relation to residential accommodation, Chapter 1 Interim and final management orders, 101.Interim and final management orders: introductory, Interim management orders: making and operation of orders, 105.Operation of interim management orders, 106.Local housing authority’s duties once interim management order in force, 107.General effect of interim management orders, 108.General effect of interim management orders: leases and licences granted by authority. 10. Failure to comply with overcrowding notice, (Housing Act 2004 Section 139(7)) Management regulations in respect of HMOs. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. (1) An appeal may be made by a person under... Appeal against decision relating to revocation or variation of prohibition order. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. (1) In addition to serving an improvement notice in accordance... Part 2 Service of notices relating to revocation or variation of improvement notices. 26. The requirements of paragraph 5 do not apply where the... (1) In this Part of this Schedule “the end of... (1) In this Part of this Schedule “licence” means a... Before varying a licence, the local housing authority must—. The requirements of paragraph 14 do not apply if—. Prior to starting our research, we understood that other popular definitions of overcrowding included: the total number of persons in a unit, regardless of unit size; the ratio of persons to floor space in 18. One of the 29 hazards which are taken into consideration when assessing a property is crowding and space. 2. (1) This paragraph defines “the operative time” for the purposes... “The operative time” for the purposes of section 25(7). and related appeals, Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice, Hazard awareness notices relating to category 2 hazards: power of authority to serve notice, Offence of failing to comply with improvement notice, Enforcement action by local housing authorities. 4A. of the Housing Act 2004 Part 2: Overcrowding - the picture 7 in England 2.1 Introduction 7 2.2 Headline statistics - Overcrowding in England 7 2.2.1 Overcrowding by housing tenure 8 2.2.2 Severe Overcrowding 8 2.3 ‘Available Space’ 9 2.4 Ethnicity and Overcrowding 9 Part 3: … 31. Meaning of “the end of the consultation period” and “relevant person”. 39.Effect of Part 4 enforcement action and redevelopment proposals, 42.Recovery of expenses of taking emergency remedial action, 44.Contents of emergency prohibition orders, 45.Appeals relating to emergency measures, Chapter 4 Demolition orders and slum clearance declarations. Different options to open legislation in order to view more content on screen at once. Codes of practice and management regulations relating to HMOs etc. 29. 6. (1) This paragraph applies in relation to—. (1) The local housing authority may themselves take the action... Notice requirements in relation to taking action without agreement. 14. (1) This paragraph applies in relation to any interest or... General effect of final EDMOs: relevant proprietor, mortgagees etc. The Housing Health and Safety Rating System under the Housing Act 2004 assesses the potential risks to occupants in residential properties. The first date in the timeline will usually be the earliest date when the provision came into force. 25. 14. This is a guide based upon the Residential Tenancies Act, 2006, (RTA,) Statutes of Ontario, which is the landlord tenant law presently governing these matters and the regulations of the Landlord and Tenant Board, LTB, (formerly known as the Ontario Rental Housing Tribunal). The Whole Act you have selected contains over 200 provisions and might take some time to download. Meaning of “relevant person” for the purposes of this Part. Licensed overcrowding. Housing Act 1988 (c. 50) 33. Application to residential property tribunal in respect of breach of management scheme. Expenses and interest to be a charge on the premises. 5. (1) This paragraph applies in relation to an appeal under... 35.In this Part of this Schedule “relevant person” means—, Further provisions regarding empty dwelling management orders. (1) This paragraph applies to a prohibition order where the... Service on owners and occupiers of building containing flats etc. (1) This paragraph applies to an insurance scheme. 1B. 1. 4. (1) This paragraph applies where the specified premises in the... Service of improvement notices: premises which are neither licensed under Part 2 or 3 nor flats. 120.Enforcement of management scheme by relevant landlord, Final management orders: variation and revocation, 122.Revocation of final management orders, Interim and final management orders: procedure and appeals, Interim and final management orders: other general provisions, 124.Effect of management orders: occupiers, 125.Effect of management orders: agreements and legal proceedings, 126.Effect of management orders: furniture, 127.Management orders: power to supply furniture, 128.Compensation payable to third parties, 129.Termination of management orders: financial arrangements, 130.Termination of management orders: leases, agreements and proceedings, 131.Management orders: power of entry to carry out work, Chapter 2 Interim and final empty dwelling management orders, 132.Empty dwelling management orders: introductory, 135.Local housing authority’s duties once interim EDMO in force, 137.Local housing authority’s duties once final EDMO in force, 138.Compensation payable to third parties, 141.Requirement as to overcrowding generally, 144.Revocation and variation of overcrowding notices, 146.Interpretation and modification of this Part, 148.Meaning of “residential property” and “home information pack”, 149.Meaning of “on the market” and related expressions, Responsibility for marketing residential properties, 151.Responsibility for marketing: general, 152.Responsibility of person acting as estate agent, Duties of a responsible person where a property is on the market, 156.Duty to provide copy of home information pack on request, 157.Section 156 (1) duty: imposition of conditions, 158.Duty to ensure authenticity of documents in other situations, Other duties of person acting as estate agent, 159.Other duties of person acting as estate agent, 160.Residential properties not available with vacant possession, 161.Power to provide for further exceptions, 162.Suspension of duties under sections 155 to 159, 167.Power to require production of home information packs, 169.Offences relating to enforcement officers, 171.Application of Part to sub-divided buildings, 172.Power to require estate agents to belong to a redress scheme, 174.Withdrawal of approval of redress schemes, 180.Extension of qualifying period for right to buy, 181.Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies, 182.Exceptions to the right to buy: houses due to be demolished, 183.Right to buy: claim suspended or terminated by demolition notice, 185.Repayment of discount: periods and amounts applicable, 186.Repayment of discount: increase attributable to home improvements to be disregarded, Right to buy: landlord’s right of first refusal. 12. 29. In section 87 of the Local Government Act 2003 (housing... the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 2. 37.In this Part of this Schedule “relevant person” means any... 1.Penalty charge notices under section 168, 2.Penalty charge notices under section 168, 3.Penalty charge notices under section 168, 4.Penalty charge notices under section 168, 5.Penalty charge notices under section 168, 6.Penalty charge notices under section 168, 7.Penalty charge notices under section 168, 8.Penalty charge notices under section 168, 9.Penalty charge notices under section 168, 10.Penalty charge notices under section 168, 11.Penalty charge notices under section 168, New Schedule 5A to the Housing Act 1985: initial demolition notices, Provisions relating to tenancy deposit schemes, Schemes to be custodial schemes or insurance schemes, 1.

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