Housing services enforcement guidance 2017 newcastleunder. Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. The criteria below apply to all uk national public consultations on the basis of a document in electronic or printed form. A guide to the licensing and management provisions in parts 2. This application is to be completed by the person having control of or managing a property, which is located within a designated licencing area and does not hold such a. Changes and effects are recorded by our editorial team in lists which can be found in.
Fire safety within the home is an extremely important issue, especially in mixed use premises and where unrelated occupiers, who live independently from one another, share common areas of the same building. Housing act 2004 is up to date with all changes known to be in force on or before 17 february 2020. Information about taking part in an application to the firsttier tribunal property chamber residential property about a housing act 2004 or housing and planning act 2016 case. Contents housing act 2003 page 2 division 2 other matters 19 unauthorised use or subletting of rental accommodation. By section 5 of the 2004 act, if a hazard is calculated as being so serious as to fall into category 1, a local housing authority must my emphasis take appropriate enforcement action, which can be the service of an improvement notice under section 11 of the 2004 act, a prohibition order under section 20 of the 2004 act, a hazard awareness. Local authorities have powers, under the housing act 2004, to calculate the seriousness of certain hazards and take enforcement action against building owners or landlords based on their assessment. The housing fitness enforcement procedures order 1996 allowed local authorities to charge for enforcement notices. Housing act 2004 and housing and planning act 2016 cases. A guide to the licensing and management provisions in parts 2, 3 and 4 of the housing act 2004 thirds of the flats are owner occupied. Establishment of a contributory pension scheme for employee in the public and private sectors. Where the private sector housing team has reason to enter a property we will inspect the whole property, and rate it using the housing health and safety rating system hhsrs. Action is taken to reduce or eliminate identified hazards as defined by the housing health and safety rating system hhsrs. The housing act 2004 makes significant changes to the regulation of residential property in both the private and public sector, together with changes that will fundamentally alter the conveyancing process. The housing act 2004 application for a house in multiple occupation licence please complete this form and return it to.
Housing act 2004 section it will be an hmo if it is one of the following. Local authority enforcement powers under the housing act. This section, when put into laymans terms, states that a landlord or their letting agent who signs as assured shorthold tenancy ast with a tenant must protect a tenancy security deposit in one of the 3 government approved schemes mydeposits, dps deposit protection service, tds tenancy deposit scheme within 30 days of receiving the security. Part 4 of the housing act 2004 sets out the provisions for interim and final management orders. Amended by housing amendment act 28 of 1999 from 30 apr 1999. The 2004 act limits the range of houses that can be included within the. The adobe acrobat viewer is available as a free download link opens a new browser window. Amended by housing 2nd amendment act 60 of 1999 from 15 dec 1999. Changes that have been made appear in the content and are referenced with annotations.
The housing act 2004 definition of an hmo now applies to all hmos, however. T543 guidance on housing act 2004 and housing and planning. The acts are in pdf format which can only be viewed and printed using adobe acrobat software. The main provisions of the act have been subject to public consultation and prelegislative scrutiny following the publication of the draft housing bill in march 2003 command paper 5793 available from her majestys stationery office. Charging policy for housing act 2004 notices background. This order brings section 223 of the housing act 2004 into force. These notes refer to the housing act 2004 c34 which received royal assent on thursday 18 november 2004 2 6. Housing second amendment act 60 of 1999 housing amendment act 4 of 2001 act to provide for the facilitation of a sustai nable housing development process. Register of licences made under section 232 housing act 2004 licence no. Many provisions came into force on the day the act was passed while the bulk of the remaining licensing, empty dwelling and housing health and safety rating system hhsrs provisions of the act commenced on 6 april 2006 in england and 30 th june in wales. Definition of the term gypsies and travellers for the. There are changes that may be brought into force at a future date.
Licensing and management provisions in the housing act 2004. The hhsrs is the enforcement tool used to identify matters which adversely affect the. It also significantly extends the regulation of houses in multiple occupation by requiring some hmos to be licensed by local authorities. There should be no category 1 hazards in an establishment registered under this code. Definition of a section 257 hmo under section 257 of the housing act 2004. The approach to assessing housing conditions the housing, health and safety rating system, hhsrs applies to all housing including local authority housing 6. It introduced home information packs, which have since been abandoned. Local authority enforcement powers under the housing act 2004. The housing act received royal assent on 18 november 2004. This new act replaces the current legislation and standards for housing conditions and assessment of hazards. The tribunal receives a high volume of applications and has to manage them within a fixed budget. Proclamation of section 19 of part iii of the planning and development act 2004 pdf format. Section 49, housing act 2004 allows local authorities the power to charge for certain enforcement action.
The housing act 2004 gives the council the power to charge for enforcement action under section 49 and to recover those costs. Housing act 2004 application for a temporary exemption notice. For advice on how to present your case, or if you need to understand more about the law, you may wish to consult a citizens advice or a solicitor. Revised legislation carried on this site may not be fully up to date. The most common types of hmos that local housing authorities lhas. Definition of the term gypsies and travellers for the purposes of the housing act 2004 4 the consultation criteria the government has adopted a code of practice on consultations. Housing act 2004, section 214 is up to date with all changes known to be in force on or before 15 may 2020. Housing act 2004 application for a temporary exemption notice ten the local authority may grant a ten for a period of 3 month beginning on the date on which the notice is served. A guide to the licensing and management provisions in parts 2, 3. Amended by housing amendment act 4 of 2001 from 1 feb 2002.
An index page containing links to information on the dclg website on the main provisions of the housing act 2004. The housing act 2004 introduced a new system for assessing housing conditions, known as the housing health and safety rating system hhsrs, which is used in the enforcement of housing standards in all types of residential accommodation. Housing act 2004 is up to date with all changes known to be in force on or before 20 august 2019. The first five parts of the sevenpart act affect private housing and extends the regulatory role of local authorities. Section 223 amends s1672d of the housing act 1996 which provides that a local housing authoritys scheme for allocating housing accommodation must be framed so as to secure that reasonable preference is given to people who need to move on medical or welfare grounds. Jul 03, 2017 contents housing act 2003 page 2 division 2 other matters 19 unauthorised use or subletting of rental accommodation. Modifications to the housing act 2004 and transitional provisions for section 257 hmos england regulations 2007 s. This area of law is covered by both the housing act 2004 and the regulatory reform fire safety order 2005. The housing act 2004 c 34 is an act of the parliament of the united kingdom. Be sure to note where you download the adobe install file on your computer. These notes refer to the housing act 2004 c34 which received royal assent on thursday 18 november 2004 a shop under a flat to cases where the deficiency giving rise to the hazard is located there, and the remedial action is necessary for the health or safety of actual or potential residential occupiers. The licence holdermanager is prohibited from allowing a new resident to occupy the hmo andor parts of the hmo if.
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