Property regulation

Q&As

In seeking to serve an abatement notice, pursuant to section 80 of the Environmental Protection Act 1990 (EPA 1990), is service effected, for the purposes of EPA 1990, s 160(2), by a local authority officer attending the property in question, the addressee not being present, but a non-resident friend coming out of the address and taking the letter from the officer?

Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, it must serve an abatement notice (section...

10th May

Practice notes

Coronavirus (COVID-19)—social housing tracker

This tracker is intended to be used to track key developments, legislation, guidance, parliamentary briefing notes and other sources of interest...

7th May

COVID-19

Q&As

If there are two tenants living in a house, with separate assured shorthold tenancies (AST), who share amenities (living room, kitchen, bathroom), is this considered a house in multiple occupation? Does the fact that there are separate agreements have any influence or is the AST nonetheless excluded pursuant to Schedule 14 to the Housing Act 2004?

A house in multiple occupation (HMO) is defined in section 254 of the Housing Act 2004 (HA 2004) as one which meets certain specified criteria; the...

6th May

Practice notes

Energy performance certificates (EPCs)—what are they and when are they required?

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...

4th May

Practice notes

Energy performance certificates (EPCs)—energy assessor accreditation and energy assessments

Coronavirus (COVID-19): The requirements to obtain an EPC before a property is sold or let can be difficult to satisfy when social distancing measures...

28th Apr

Practice notes

Prohibition of tenant fees

The Tenant Fees Act 2019 (TFA 2019), in force from 1 June 2019, prohibits landlords and letting agents from requiring tenants of certain residential...

13th Apr

Practice notes

The First-tier Tribunal (Property Chamber)—practice and procedure

FORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021) came into force on 15 March 2021 for the...

12th Apr

COVID-19

Practice notes

Houses in multiple occupation (HMOs)—sanctions

Enforcement of the HMO licensing regime is the responsibility of the LHA of the area in which the HMO is located. See Practice Notes: Houses in...

9th Apr

Q&As

What is the time limit for prosecuting a defendant for failing to have a licence for a house in multiple occupation?

Part 2 of the Housing Act 2004 (HA 2004) makes provision for a house in multiple occupation (HMO) to require a licence.HA 2004, s 61 imposes the legal...

8th Apr

Q&As

What is the time limit to bring a prosecution in respect of non-compliance with an improvement notice under section 30 of the Housing Act 2004 and when does the time limit start to run?

We have assumed that this relates to an offence under section 30(1) of the Housing Act 2004.Where an improvement notice served under Part 1 of the...

6th Apr

Q&As

In the context of a relationship split, where one party leaves the property but remains the legal owner and their former partner remains in the property initially with agreement but subsequently rents the property out without the knowledge of the legal owner, could the legal owner be prosecuted for houses in multiple occupation offences?

When is a houses in multiple occupation (HMO) licence needed?As stated in Reynolds v Brent London Borough Council:‘HMOs are, or are usually, domestic...

25th Mar

Q&As

Prior to the coming into force of the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018, SI 2018/221, when was Part 2 of the Housing Act 2004 house in multiple occupation licence required?

Local housing authorities (LHAs) have a duty to effectively implement mandatory licensing in their district. Prior to 1 October 2018, not all houses...

25th Mar

Q&As

What is the selective licensing regime and how does it operate?

What is selective licensing?Selective licensing is a licensing regime for private landlords that applies to a specified area designated by the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 25th Mar

Q&As

Is there a requirement to give a tenant a copy of the landlord's House in Multiple Occupation licence?

It is mandatory for a landlord of a large House in Multiple Occupation (HMO) to have a licence. Currently, a large HMO is usually one which is rented...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 25th Mar

Practice notes

Houses in multiple occupation (HMOs)

‘HMOs are, or are usually, domestic premises originally designed for occupation by one family, which have been converted for occupation by a number of...

25th Mar

Practice notes

Houses in multiple occupation (HMOs)—applying for a licence

HMO licensing is the responsibility of the LHA of the area in which the HMO is located. Licensing is either mandatory under Part 2 of the Housing Act...

25th Mar

Practice notes

Houses in multiple occupation (HMOs)—licensing regime

Mandatory licensingPart 2 of the Housing Act 2004 (HA 2004) places a duty on a local housing authority (LHA) to effectively implement mandatory...

24th Mar

Practice notes

Housing and Planning Act 2016—rogue landlords and property agents

Part 2 of the Housing and Planning Act 2016 (HPA 2016) implements various measures to improve the way housing is managed, by enhancing the power of a...

17th Mar

Q&As

What powers and duties does a housing authority to resolve disputes cross alleging anti-social behaviour between the right to buy owners and a secure tenant that the housing authority consider, do not amount to anti-social behaviour but cause endless complaints?

A local housing authority will generally have more duties towards a tenant of theirs than they will towards a right to buy (RTB) owner. On the basis...

Produced in partnership with Alexander Campbell of Field Court Chambers 13th Feb

Q&As

Can a landlord/agent enter the common parts of houses in multiple occupation without notice to carry out repairs or show potential tenants an empty room? Would the position change if some tenants had a joint assured shorthold tenancy for exclusive possession of certain rooms as well as the ability to use common areas?

Although Part 2 of the Housing Act 2004 (HA 2004) defines various types of houses in multiple occupation (HMOs), the most commonly encountered...

13th Feb

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