Q&As

What defences (if any) can be raised to prosecution for alleged offences contrary to sections 72(1) and 234(3) of the Housing Act 2004?

read titleRead full title
Published on LexisPSL on 28/07/2017

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • What defences (if any) can be raised to prosecution for alleged offences contrary to sections 72(1) and 234(3) of the Housing Act 2004?

What defences (if any) can be raised to prosecution for alleged offences contrary to sections 72(1) and 234(3) of the Housing Act 2004?

Section 72(1) of the Housing Act 2004 (HA 2004) provides that it is an offence for a person to be in control or management of a house in multiple occupation (HMO) that requires a licence, but which is not licenced. HA 2004, s 234(3) provides that it is an offence for a person to fail to comply with a regulation that has been made under that section.

HA 2004 introduced a regime relating to HMOs, including a new definition. All shared houses are HMOs. Certain types of HMO (based upon size and number of occupants) are required to have a mandatory HMO licence. Local authorities (LA) can also require that HMOs that do not require a mandatory licence nevertheless obtain an additional HMO licence. As noted in the preceding paragraph, there are criminal sanctions in respect of failing to obtain a licence where one is required, and for failing to comply with regulations made under HA 2004.

Both HA 2004, ss 72(1) and 234(3) contain statutory defences.

HA 2004, s 72(4) provides where, at the material time:

  1. a notification had been duly given in respect of the house under HA 2004, s 62(1)

Related documents:

Popular documents