Houses in multiple occupation

The Housing Act 2004 (HA 2004) introduced licensing for houses in multiple occupation (HMOs). It provides a detailed definition of HMOs and sets out standards of management for this type of property.

Duties are imposed on the HMO manager, who is defined as being the owner or lessee who collects rents from tenants or licensees. These duties include:

  1. to take safety measures

  2. to maintain water supply and drainage

  3. to supply and maintain gas and electricity

  4. to ensure the safety of electrical installations (in relation to a house in England only)

  5. to maintain common parts

  6. to provide waste facilities

  7. to ensure compliance with household waste storage and disposal schemes (these conditions apply only to licences granted or renewed on or after 1 October 2018 in respect of an HMO in England)

  8. to ensure compliance with size and maximum occupancy requirements for rooms to be used for sleeping (these conditions apply only to licences granted or renewed on or after 1 October 2018 in respect of an HMO in England)

There are two types of HMO licensing:

  1. mandatory licensing

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Latest Property Disputes News

Insolvency, declarations of trust, loan agreements, artificial asset protection, sham transactions, transactions defrauding creditors, interspousal asset transfers, change of position defence and wife’s entitlement to share of husband’s assets (Sayers v Dixon)

Restructuring & Insolvency analysis: The court held that six declarations of trust (DoTs) executed by the transferor (Mr Dixon) in favour of his wife (Mrs Dixon) constituted transactions defrauding his creditors within the meaning of section 423 of the Insolvency Act 1986 (IA 1986) and that two of them, purporting to transfer all his future assets and income to Mrs Dixon, along with an accompanying loan agreement, were shams which were void and ineffective. It set aside the DoTs and ordered Mrs Dixon to restore the value of three transferred properties (which had been converted into £551,589 cash) to Mr Dixon’s trustees in bankruptcy (trustees) together with interest of £101,726. It also ordered an account to be taken of the funds that had been transferred to Mrs Dixon or on her behalf by Mr Dixon over the seven years between the date of the DoTs and his bankruptcy. The court dismissed Mrs Dixon’s defence of change of position to the trustees’ claim for restoration, finding that even if such a defence were generally available (which is unclear), she had not acted in good faith and could not rely on it. It also dismissed her defence that, having been married to Mr Dixon for many years, she was entitled to half his assets and/or an entitlement to a share of them by virtue of a right to be maintained. Written by Jonathan Lopian, barrister at New Square Chambers, who acted for the successful claimants.

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