The following Local Government practice note provides comprehensive and up to date legal information covering:
Part 2 of the Housing Act 2004 (HA 2004) places a duty on a local housing authority (LHA) to effectively implement mandatory licensing in their district. Discretionary (or additional) licensing applies to other forms of private letting of premises where the LHA deems it necessary.
Since 1 October 2018, when the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018, SI 2018/221 came into force, all properties that satisfy the test set out in HA 2004, s 254 need to be licensed, see Practice Note: Houses in multiple occupation (HMOs)—Defining an HMO.
New HMO guidance for LHAs was issued on 20 June 2018.
HA 2004, Part 3 allows LHAs to designate all or part of their area for selective licensing which applies to privately rented houses which are not HMOs. If an LHA does make a designation, the effect is to require landlords of properties specified in the designation and within the area to which it applies, to apply for and obtain a licence, failure to do so is a criminal offence. See Q&A: What is the selective licensing regime and how does it operate?
The onus is entirely upon the landlord or the party receiving the rent to apply for the licence. See: Who must apply for an HMO licence pursuant to Part 2 of the Housing Act 1985? Who is eligible to hold
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Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
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