Housing Act 2004

[^key-e852865353b27054b2e83d103485a5f0]: S. 194(4)(b) substituted (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), s. 11(3)(4), Sch. 1 para. 5(3); S.I. 2018/100, art. 2(b) (with art. 3)

[^key-90587bb39ee61fd309f5218bfb580812]: S. 202 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), s. 11(3)(4), Sch. 1 para. 5(4); S.I. 2018/100, art. 2(b) (with art. 3)

[^key-f47d734f70174480cdbce85a432fba49]: S. 221 repealed (26.1.2019) by Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), s. 11(3)(4), Sch. 1 para. 5(5); S.I. 2018/100, art. 2(b) (with art. 3)

[^key-833b7867d33489133f147ec845644473]: Sch. 11 para. 9 omitted (26.1.2019) by virtue of Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), s. 11(3)(4), Sch. 1 para. 5(6); S.I. 2018/100, art. 2(b) (with art. 3)

[^key-c67c8b0cec5bbd5bbcd4b137dea23595]: Sch. 11 para. 10 omitted (26.1.2019) by virtue of Abolition of the Right to Buy and Associated Rights (Wales) Act 2018 (anaw 1), s. 11(3)(4), Sch. 1 para. 5(6); S.I. 2018/100, art. 2(b) (with art. 3)

[^key-deed90ef3f5adf24749a649df3437899]: S. 213 modified (1.6.2019) by Tenant Fees Act 2019 (c. 4), s. 34(1), Sch. 2 para. 7; S.I. 2019/857, reg. 3(aa)

[^key-44ba8f0c706cf9b960e5569be9bcbf0f]: Words in s. 141(1)(b) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 26(2)

[^key-55d1038eab0272bd8bc414116a2df125]: Words in s. 142(1)(b) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 26(3)

[^key-1e844d0d244d00bab465518c77777c3c]: Words in s. 258(3)(a) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 26(4)(a)

[^key-d3d79957b983e038b54a8e2812256e83]: Words in s. 258(4)(a) omitted (2.12.2019) by virtue of The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 26(4)(b)

[^key-1e63b609d62c685f0167bb508c039a94]: Words in s. 259(3) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 26(5)

[^key-49cef7d7169f9b1079f6bc30bdbc995b]: Sch. 4 para. 1(3)(c)(d) inserted (E.) (with application in accordance with reg. 1(3) of the amending S.I.) by The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (S.I. 2020/312), regs. 1(2), 13

[^key-917b00695a053e4cbbe6dda6c4be8211]: Words in s. 210(7) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

[^key-04c24f6e3626fd1dbbc1fc84c6135c35]: Words in Sch. 4 para. 1(4A)(a) substituted (1.10.2022) by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 13(1) (with reg. 13(2))

[^M_F_0abc3dd7-f94b-443e-ad07-69460d6c6d59]: Sch. 4 para. 1(4A) inserted (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(b) (with reg. 15(2)) (as amended (1.10.2022) by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 3(2))

[^M_F_076e71c6-ee5e-4f62-887b-7aa1ab82e4d2]: Sch. 4 para. 1(6)(7) inserted (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(c) (with reg. 15(2)) (as amended (1.10.2022) by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 3(2))

[^M_F_69a5c827-57f8-47e1-c2cb-098db1592527]: Sch. 4 para. 1(4)(za) inserted (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(a)(i) (with reg. 15(2)) (as amended (1.10.2022) by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 3(2))

[^M_F_1c8d451f-91d9-4885-c075-85a7f43342a6]: Words in Sch. 4 para. 1(4)(b) inserted (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(a)(iii) (with reg. 15(2)) (as amended (1.10.2022) by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 3(2))

[^M_F_46646fc9-b5d1-46ef-90e8-b7a1d241b0c0]: Words in Sch. 4 para. 1(4)(a) inserted (1.10.2015) by The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 (S.I. 2015/1693), regs. 1(1), 15(1)(a)(ii) (with reg. 15(2)) (as amended (1.10.2022) by The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (S.I. 2022/707), regs. 1(1), 3(2))

[^key-232afe92020772c7a72fd18c972c50aa]: Word in s. 75 heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(3) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

[^key-142413ad9e3ac1e37ac4bb9f40643646]: S. 75A inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(4) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

[^key-5d1e9d2ca2bc734a2986f1aeb3cca137]: Word in s. 98 heading inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(5) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

[^key-8286c51fe79958821128d43a9f576fe0]: S. 98A inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(6) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

[^key-3ff7ffc622d90094212a554932d15d13]: Words in Sch. 10 substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(9) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

[^key-992a9dfe037e0059f6a554bfee9b0dc7]: Word in s. 33(a) omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(2)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

[^key-7069a857745db79c6a9c611dd9f4a4a2]: Word in s. 33(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(2)(b) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

[^key-d9dabe06381c3e3073cfeeab8c6779da]: S. 33(c) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(2)(c) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

[^key-3de1068ec8a56e92cb6a0086266d5945]: Words in s. 212 substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(7)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

[^key-cd7b48da01f6416c1f026856ef1ef321]: Words in s. 212(8) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(7)(b) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

[^key-300a811d418f4e792218f7603b48a53f]: Words in s. 213(10) substituted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(8) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

[^key-6177f7f86cf6614dbafc8a1f93c07cc7]: Ss. 2A, 2B and cross-heading inserted (27.12.2025 for the insertion of s. 2B for specified purposes, otherwise prosp.) by Renters’ Rights Act 2025 (c. 26), ss. 100(5), 145(1)(7) (with s. 138); S.I. 2025/1354, reg. 2(a)(iii)

[^key-8ed815a58372f3ebe9ce6710c5a7bce7]: S. 9(1A) inserted (27.12.2025 for specified purposes) by Renters’ Rights Act 2025 (c. 26), s. 145(1)(7), Sch. 4 para. 9(3) (with s. 138); S.I. 2025/1354, reg. 2(c)(ii)

[^key-613d5df136a3e86560d4b7db7e13ba7a]: S. 212A(5)(aa)(ab) inserted (27.12.2025) by Renters’ Rights Act 2025 (c. 26), ss. 134(2), 145(5)(d) (with s. 138)

[^key-c6c2e7e745ae1d3c2e0b98c7bfccd5fe]: Words in s. 212A(5)(b) substituted (27.12.2025) by Renters’ Rights Act 2025 (c. 26), ss. 134(3), 145(5)(d) (with s. 138)

[^key-9ed6286b72dfd17bef89de42bcb7f212]: S. 235(1)(aa) inserted (27.12.2025) by Renters’ Rights Act 2025 (c. 26), ss. 135(1)(a), 145(5)(d) (with s. 138)

[^key-6d111e1d8a342e6bd0079c851960c317]: Words in s. 235(1)(b) substituted (27.12.2025) by Renters’ Rights Act 2025 (c. 26), ss. 135(1)(b), 145(5)(d) (with s. 138)

[^key-b0172c62f511263d893415d7f30bb7e8]: S. 237(1)(aa)(ab) inserted (27.12.2025) by Renters’ Rights Act 2025 (c. 26), ss. 134(5), 145(5)(d) (with s. 138)

[^key-7df3a0627895c257c1b5a7a07e229d54]: Words in s. 237(1)(b) substituted (27.12.2025) by Renters’ Rights Act 2025 (c. 26), ss. 134(6), 145(5)(d) (with s. 138)

[^key-44b09c6544b4f5d8a317e7250dcc0b7f]: S. 239(5A)-(5C) inserted (27.12.2025) by Renters’ Rights Act 2025 (c. 26), ss. 135(2), 145(5)(d) (with s. 138)

HMO declarations

Registered social landlord’s right of first refusal

Revocation of HMO declarations

Registered social landlord’s right of first refusal

HMOs: presumption that sole use condition or significant use condition is met

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation of HMO declarations

HMOs: persons treated as occupying premises as only or main residence

Repayment of discount: periods and amounts payable

HMOs: persons not forming a single household

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2A

A building—

• (a) which is social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and

• (b) where the person managing or having control of it is a profit-making registered provider of social housing.

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies

Exceptions to the right to buy: houses due to be demolished

Right to buy: claim suspended or terminated by demolition notice

Landlord’s notice to complete

Repayment of discount: periods and amounts applicable

Repayment of discount: increase attributable to home improvements to be disregarded

Other consequences of operating unlicensed HMOs: restriction on terminating tenancies

Procedural requirements and appeals against licence decisions

Other consequences of operating unlicensed houses: rent repayment orders

Secure tenancies: withholding of consent to mutual exchange

Right to buy: suspension by court order

Right to buy: suspension of landlord’s obligation to complete

Repayment of discount: periods and amounts applicable

Deferred resale agreements

Repayment of discount: periods and amounts payable

Registered social landlord’s right of first refusal

Deferred resale agreements

Appeals against overcrowding notices

Deferred resale agreements

Appeals against overcrowding notices

Right to buy: claim suspended or terminated by demolition notice

Repayment of discount: periods and amounts applicable

Tenancy deposit schemes

Exceptions to the right to buy: houses due to be demolished

Sanctions for non-compliance

Right to buy: claim suspended or terminated by demolition notice

Rights of pre-emption in connection with assured tenancies

Right to buy: suspension by court order

Further provisions about rent repayment orders

Residential property tribunals

Deferred resale agreements

Calculation of numbers of persons

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further provisions about rent repayment orders

Transitional arrangements relating to introduction and termination of licensing

Meaning of “HMO”

Transitional arrangements relating to introduction and termination of licensing

Revocation of licences

Licence conditions

Revocation of licences

Further provisions about rent repayment orders

Other consequences of operating unlicensed houses: restriction on terminating tenancies

Meaning of “house” etc.

Making of interim management orders

Effect of management orders: agreements and legal proceedings

Other consequences of operating unlicensed houses: restriction on terminating tenancies

Landlord’s notice to complete

sInformation to help tenants decide whether to exercise right to buy etc.

Termination of rent to mortgage scheme

Secure tenancies: withholding of consent to mutual exchange

Right to buy: suspension by court order

Right to buy: suspension of landlord’s obligation to complete

Disclosure of information as to orders etc. in respect of anti-social behaviour

Repayment of discount: periods and amounts applicable

Secure tenancies: withholding of consent to mutual exchange

Implied terms relating to termination of agreements or disposal of mobile homes

Particulars of site agreements to be given in advance

Extension of protection from harassment for occupiers of mobile homes

Suspension of eviction orders

Tenancy deposit schemes

Extension of protection from harassment for occupiers of mobile homes

Sanctions for non-compliance

Overcrowding

Suspension of eviction orders

Allocation of housing accommodation by local authorities

Disabled facilities grant: caravans

Duties of local housing authorities: accommodation needs of gypsies and travellers

Social Housing Ombudsman for Wales

Residential property tribunals

Register of licences and management orders

False or misleading information

Licences and other documents in electronic form

Duties of local housing authorities: accommodation needs of gypsies and travellers

Residential property tribunals

False or misleading information

Licences and other documents in electronic form

HMOs: presumption that sole use condition or significant use condition is met

HMO declarations

Calculation of numbers of persons

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Buildings controlled or managed by a co-operative society

2B

• (1) A building where—

• (a) the person managing or having control of it is a co-operative society whose rules are such as to secure that each of the conditions set out in sub-paragraph (2) is met, and

• (b) no person who occupies premises in the building does so by virtue of an assured tenancy, a secure tenancy or a protected tenancy.

• (2) The conditions are—

• (a) that membership of the society is restricted to persons who are occupiers or prospective occupiers of buildings managed or controlled by the society,

• (b) that all management decisions of the society are made by the members (or a specified quorum of members) at a general meeting which all members are entitled to, and invited to, attend,

• (c) that each member has equal voting rights at such a meeting, and

• (d) that, if a person occupies premises in the building and is not a member, that person is an occupier of the premises only as a result of sharing occupation of them with a member at the member's invitation.

• (3) For the purposes of sub-paragraph (1) “co-operative society” means a body that—

• (a) is registered as a co-operative society under the 2014 Act or is a pre-commencement society (within the meaning of that Act) that meets the condition in section 2(2)(a)(i) of that Act, and

• (b) is neither—

• (i) a non-profit registered provider of social housing, nor

• (ii) registered as a social landlord under Part 1 of the Housing Act 1996.

• (4) In this paragraph—

• “the 2014 Act” means the Co-operative and Community Benefit Societies Act 2014;

• “assured tenancy” has the same meaning as in Part 1 of the Housing Act 1988;

• “protected tenancy” has the same meaning as in the Rent Act 1977;

• “secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985.

Further provisions about rent repayment orders

Other consequences of operating unlicensed HMOs: restriction on terminating tenancies

Licensing of houses to which this Part applies

Further provisions about rent repayment orders

Meaning of “house” etc.

Making of interim management orders

Effect of management orders: agreements and legal proceedings

Extension of introductory tenancies

Repayment of discount: increase attributable to home improvements to be disregarded

Deferred resale agreements

Right of first refusal for landlord etc.

sInformation to help tenants decide whether to exercise right to buy etc.

Termination of rent to mortgage scheme

Disclosure of information as to orders etc. in respect of anti-social behaviour

Repayment of discount: periods and amounts applicable

Repayment of discount: increase attributable to home improvements to be disregarded

Deferred resale agreements

Implied terms relating to termination of agreements or disposal of mobile homes

Power to amend terms implied in site agreements

Tenancy deposit schemes

Proceedings relating to tenancy deposits

Sanctions for non-compliance

Overcrowding

Rights of pre-emption in connection with assured tenancies

Allocation of housing accommodation by local authorities

Disabled facilities grant: caravans

Social Housing Ombudsman for Wales

First-tier Tribunal and Upper Tribunal

231A

• (1) The First-tier Tribunal and Upper Tribunal exercising any jurisdiction conferred by or under the Caravan Sites and Control of Development Act 1960, the Mobile Homes Act 1983, the Housing Act 1985 or this Act has, in addition to any specific powers exercisable by them in exercising that jurisdiction, the general power mentioned in subsection (2).

• (2) The tribunal’s general power is a power to give such directions as the tribunal considers necessary or desirable for securing the just, expeditious and economical disposal of the proceedings or any issue in or in connection with them.

• (3) When exercising jurisdiction under this Act, the directions which may be given by the tribunal under its general power include (where appropriate)—

• (a) directions requiring a licence to be granted under Part 2 or 3 of this Act;

• (b) directions requiring any licence so granted to contain such terms as are specified in the directions;

• (c) directions requiring any order made under Part 4 of this Act to contain such terms as are so specified;

• (d) directions that any building or part of a building so specified is to be treated as if an HMO declaration had been served in respect of it on such date as is so specified (and such a direction is to be an excluded decision for the purposes of section 11(1) and 13(1) of the Tribunals, Courts and Enforcement Act 2007);

• (e) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.

• (3A) When exercising jurisdiction under the Caravan Sites and Control of Development Act 1960, the directions which may be given by a tribunal under its general power include (where appropriate) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.

• (4) When exercising jurisdiction under the Mobile Homes Act 1983, the directions which may be given by the tribunal under its general power include (where appropriate)—

• (a) directions requiring the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise;

• (b) directions requiring the arrears of pitch fees or the recovery of overpayments of pitch fees to be paid in such manner and by such date as may be specified in the directions;

• (c) directions requiring cleaning, repairs, restoration, re-positioning or other works to be carried out in connection with a mobile home, pitch or protected site in such manner as may be specified in the directions;

• (d) directions requiring the establishment, provision or maintenance of any service or amenity in connection with a mobile home, pitch or protected site in such manner as may be specified in the directions.

• (5) In subsection (4)—

• “mobile home” and “protected site” have the same meaning as in the Mobile Homes Act 1983 (see section 5 of that Act);

• “pitch” has the meaning given by paragraph 1(4) of Chapter 1 of Part 1 of Schedule 1 to that Act;

• “pitch fee” has the meaning given in paragraph 29 of Chapter 2, paragraph 13 of Chapter 3, or paragraph 27 of Chapter 4, of Part 1 of Schedule 1 to that Act, as the case may be.

231B

• (1) Where, in any proceedings before a court, there falls for determination a question which the First-tier Tribunal or the Upper Tribunal would have jurisdiction to determine on an appeal or application to the tribunal in connection with the Mobile Homes Act 1983, the Housing Act 1985 or this Act, the court—

• (a) may by order transfer to the First-tier Tribunal so much of the proceedings as relate to the determination of that question;

• (b) may then dispose of all or any remaining proceedings pending the determination of that question by the First-tier Tribunal or the Upper Tribunal, as it thinks fit.

• (2) Where the First-tier Tribunal or the Upper Tribunal has determined the question, the court may give effect to the determination in an order of the court.

• (3) Rules of court may prescribe the procedure to be followed in a court in connection with or in consequence of a transfer under this section

• (4) Nothing in this Act , in the Caravan Sites and Control of Development Act 1960 or in the Mobile Homes Act 1983 affects any power of a court to make an order that could be made by the tribunal (such as an order quashing a licence granted or order made by a local housing authority) in a case where—

• (a) the court has not made a transfer under this paragraph, and

• (b) the order is made by the court in connection with disposing of any proceedings before it.

231C

• (1) A person aggrieved by a decision of the First-tier Tribunal made under or in connection with—

• (za) the Caravan Sites and Control of Development Act 1960,

• (a) the Mobile Homes Act 1983,

• (b) the Housing Act 1985 (other than one made under paragraph 11 of Schedule 5 to that Act), or

• (c) this Act,

may appeal to the Upper Tribunal.

• (2) An appeal may not be brought under subsection (1) in relation to a decision on a point of law (as to which see instead section 11 of the Tribunals, Courts and Enforcement Act 2007 (right of appeal to Upper Tribunal)).

• (3) An appeal may not be brought under subsection (1) if the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007 (review of decision of First-tier Tribunal).

• (4) An appeal may be brought under subsection (1) only if, on an application made by the person concerned, the First-tier Tribunal or Upper Tribunal has given its permission for the appeal to be brought.

• (5) In any case where the Upper Tribunal is determining an appeal under subsection (1), section 12(2) to (4) of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to the Upper Tribunal) apply.

231D

Any decision of the First-tier Tribunal or Upper Tribunal under or in connection with the Caravan Sites and Control of Development Act 1960, the Mobile Homes Act 1983, the Housing Act 1985 or this Act, other than a decision ordering the payment of a sum (as to which see section 27 (enforcement) of the Tribunals, Courts and Enforcement Act 2007), is to be enforceable with the permission of a county court in the same way as orders of such a court.

Revocation of HMO declarations

HMOs: persons not forming a single household

HMOs: presumption that sole use condition or significant use condition is met

Meaning of “lease”, “tenancy”, “occupier” and “owner” etc.

Calculation of numbers of persons

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Buildings controlled or managed by a co-operative society

Licence conditions

Power to revoke licences

Meaning of “HMO”

Other consequences of operating unlicensed houses: rent repayment orders

Licence conditions

Revocation of licences

Procedural requirements and appeals against licence decisions

Other consequences of operating unlicensed houses: rent repayment orders

Further provisions about rent repayment orders

Special interim management orders

Meaning of “house” etc.

Appeals against overcrowding notices

Making of interim management orders

Extension of introductory tenancies

Effect of management orders: agreements and legal proceedings

Extension of qualifying period for right to buy

Extension of introductory tenancies

Extension of qualifying period for right to buy

Right to buy: claim suspended or terminated by demolition notice

Exceptions to the right to buy: houses due to be demolished

Right to buy: claim suspended or terminated by demolition notice

Landlord’s notice to complete

Repayment of discount: periods and amounts applicable

Deferred resale agreements

Right of first refusal for landlord etc.

Right to buy: suspension by court order

Right to buy: suspension of landlord’s obligation to complete

Repayment of discount: periods and amounts applicable

Right to buy: suspension by court order

Right to buy: suspension of landlord’s obligation to complete

Local authority’s right of first refusal

Repayment of discount: increase attributable to home improvements to be disregarded

Repayment of discount: increase attributable to home improvements to be disregarded

Deferred resale agreements

Repayment of discount: periods and amounts payable

Deferred resale agreements

Housing action trust’s right of first refusal

Implied terms relating to termination of agreements or disposal of mobile homes

Implied terms relating to termination of agreements or disposal of mobile homes

Particulars of site agreements to be given in advance

Protected sites to include sites for gypsies

Power to amend terms implied in site agreements

Proceedings relating to tenancy deposits

Sanctions for non-compliance

Allocation of housing accommodation by local authorities

Disabled facilities grant: caravans

Sanctions for non-compliance

Rights of pre-emption in connection with assured tenancies

Disabled facilities grant: caravans

Allocation of housing accommodation by local authorities

Disabled facilities grant: caravans

Meaning of “appropriate national authority”, “local housing authority” etc.

HMO declarations

Meaning of “person having control” and “person managing” etc.

Meaning of “appropriate national authority”, “local housing authority” etc.

HMOs: persons not forming a single household

HMO declarations

Calculation of numbers of persons

HMOs: persons treated as occupying premises as only or main residence

HMOs: presumption that sole use condition or significant use condition is met

HMOs: presumption that sole use condition or significant use condition is met

Calculation of numbers of persons

Calculation of numbers of persons

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Buildings controlled or managed by a co-operative society

Minor and consequential amendments

Meaning of “person having control” and “person managing” etc.

Meaning of “lease”, “tenancy”, “occupier” and “owner” etc.

HMOs: persons not forming a single household

Meaning of “lease”, “tenancy”, “occupier” and “owner” etc.

Minor and consequential amendments

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Buildings controlled or managed by a co-operative society

HMOs: persons treated as occupying premises as only or main residence

Statutory periodic tenancies: deposit received before 6 April 2007

215A

• (1) This section applies where—

• (a) before 6 April 2007, a tenancy deposit has been received by a landlord in connection with a fixed term shorthold tenancy,

• (b) on or after that date, a periodic shorthold tenancy is deemed to arise under section 5 of the Housing Act 1988 on the coming to an end of the fixed term tenancy,

• (c) on the coming to an end of the fixed term tenancy, all or part of the deposit paid in connection with the fixed term tenancy is held in connection with the periodic tenancy, and

• (d) the requirements of section 213(3), (5) and (6) have not been complied with by the landlord in relation to the deposit held in connection with the periodic tenancy.

• (2) If, on the commencement date—

• (a) the periodic tenancy is in existence, and

• (b) all or part of the deposit paid in connection with the fixed term tenancy continues to be held in connection with the periodic tenancy,

section 213 applies in respect of the deposit that continues to be held in connection with the periodic tenancy, and any additional deposit held in connection with that tenancy, with the modifications set out in subsection (3).

• (3) The modifications are that, instead of the things referred to in section 213(3) and (5) being required to be done within the time periods set out in section 213(3) and (6)(b), those things are required to be done—

• (a) before the end of the period of 90 days beginning with the commencement date, or

• (b) (if earlier) before the first day after the commencement date on which a court does any of the following in respect of the periodic tenancy—

• (i) determines an application under section 214 or decides an appeal against a determination under that section;

• (ii) makes a determination as to whether to make an order for possession in proceedings under section 21 of the Housing Act 1988 or decides an appeal against such a determination.

• (4) If, on the commencement date—

• (a) the periodic tenancy is no longer in existence, or

• (b) no deposit continues to be held in connection with the periodic tenancy,

the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to any deposit that was held in connection with the periodic tenancy.

• (5) In this section “the commencement date” means the date on which the Deregulation Act 2015 is passed.

215B

• (1) This section applies where—

• (a) on or after 6 April 2007, a tenancy deposit has been received by a landlord in connection with a shorthold tenancy (“the original tenancy”),

• (b) the initial requirements of an authorised scheme have been complied with by the landlord in relation to the deposit (ignoring any requirement to take particular steps within any specified period),

• (c) the requirements of section 213(5) and (6)(a) have been complied with by the landlord in relation to the deposit when it is held in connection with the original tenancy (ignoring any deemed compliance under section 215A(4)),

• (d) a new shorthold tenancy comes into being on the coming to an end of the original tenancy or a tenancy that replaces the original tenancy (directly or indirectly),

• (e) the new tenancy replaces the original tenancy (directly or indirectly), and

• (f) when the new tenancy comes into being, the deposit continues to be held in connection with the new tenancy, in accordance with the same authorised scheme as when the requirements of section 213(5) and (6)(a) were last complied with by the landlord in relation to the deposit.

• (2) In their application to the new tenancy, the requirements of section 213(3), (5) and (6) are treated as if they had been complied with by the landlord in relation to the deposit.

• (3) The condition in subsection (1)(a) may be met in respect of a tenancy even if the tenancy deposit was first received in connection with an earlier tenancy (including where it was first received before 6 April 2007).

• (4) For the purposes of this section, a tenancy replaces an earlier tenancy if—

• (a) the landlord and tenant immediately before the coming to an end of the earlier tenancy are the same as the landlord and tenant at the start of the new tenancy, and

• (b) the premises let under both tenancies are the same or substantially the same.

215C

• (1) Sections 215A and 215B are treated as having had effect since 6 April 2007, subject to the following provisions of this section.

• (2) Sections 215A and 215B do not have effect in relation to—

• (a) a claim under section 214 of this Act or section 21 of the Housing Act 1988 in respect of a tenancy which is settled before the commencement date (whether or not proceedings in relation to the claim have been instituted), or

• (b) proceedings under either of those sections in respect of a tenancy which have been finally determined before the commencement date.

• (3) Subsection (5) applies in respect of a tenancy if—

• (a) proceedings under section 214 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

• (b) because of section 215A(4) or 215B(2), the court decides—

• (i) not to make an order under section 214(4) in respect of the tenancy, or

• (ii) to allow an appeal by the landlord against such an order.

• (4) Subsection (5) also applies in respect of a tenancy if—

• (a) proceedings for possession under section 21 of the Housing Act 1988 in respect of the tenancy have been instituted before the commencement date but have not been settled or finally determined before that date, and

• (b) because of section 215A(4) or 215B(2), the court decides—

• (i) to make an order for possession under that section in respect of the tenancy, or

• (ii) to allow an appeal by the landlord against a refusal to make such an order.

• (5) Where this subsection applies, the court must not order the tenant or any relevant person (as defined by section 213(10)) to pay the landlord's costs, to the extent that the court reasonably considers those costs are attributable to the proceedings under section 214 of this Act or (as the case may be) section 21 of the Housing Act 1988.

• (6) Proceedings have been “finally determined” for the purposes of this section if —

• (a) they have been determined by a court, and

• (b) there is no further right to appeal against the determination.

• (7) There is no further right to appeal against a court determination if there is no right to appeal against the determination, or there is such a right but—

• (a) the time limit for making an appeal has expired without an appeal being brought, or

• (b) an appeal brought within that time limit has been withdrawn.

• (8) In this section “the commencement date” means the date on which the Deregulation Act 2015 is passed.

Allocation of housing accommodation by local authorities

Disabled facilities grant: caravans

HMOs: persons not forming a single household

Minor and consequential amendments

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Buildings controlled or managed by a co-operative society

Licensing of HMOs to which this Part applies

Licence conditions

Power to revoke licences

70A

• (1) The local housing authority must revoke a licence if a banning order is made against the licence holder.

• (2) The local housing authority must revoke a licence if a banning order is made against a person who—

• (a) owns an estate or interest in the house or part of it, and

• (b) is a lessor or licensor of the house or part.

• (3) The notice served by the local housing authority under paragraph 24 of Schedule 5 must specify when the revocation takes effect.

• (4) The revocation must not take effect earlier than the end of the period of 7 days beginning with the day on which the notice is served.

• (5) In this section “banning order” means a banning order under section 16 of the Housing and Planning Act 2016.

Further provisions about rent repayment orders

Other consequences of operating unlicensed HMOs: restriction on terminating tenancies (England)

Transitional arrangements relating to introduction and termination of licensing

Meaning of “HMO”

Licensing of houses to which this Part applies

Duty to revoke licence in banning order cases

93A

• (1) The local housing authority must revoke a licence if a banning order is made against the licence holder.

• (2) The local housing authority must revoke a licence if a banning order is made against a person who—

• (a) owns an estate or interest in the house or part of it, and

• (b) is a lessor or licensor of the house or part.

• (3) The notice served by the local housing authority under paragraph 24 of Schedule 5 must specify when the revocation takes effect.

• (4) The revocation must not take effect earlier than the end of the period of 7 days beginning with the day on which the notice is served.

• (5) In this section “banning order” means a banning order under section 16 of the Housing and Planning Act 2016.

Further provisions about rent repayment orders

Other consequences of operating unlicensed houses: restriction on terminating tenancies (England)

Meaning of “house” etc.

Interim and final management orders: introductory

Making of interim management orders

Effect of management orders: agreements and legal proceedings

Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies

Exceptions to the right to buy: houses due to be demolished

Landlord’s notice to complete

Repayment of discount: periods and amounts applicable

Repayment of discount: increase attributable to home improvements to be disregarded

Deferred resale agreements

Right of first refusal for landlord etc.

sInformation to help tenants decide whether to exercise right to buy etc.

Termination of rent to mortgage scheme

Secure tenancies: withholding of consent to mutual exchange

Repayment of discount: periods and amounts applicable

Repayment of discount: periods and amounts payable

Repayment of discount: periods and amounts payable

Registered social landlord’s right of first refusal

Repayment of discount: periods and amounts payable

Right of assured tenant to acquire dwelling not affected by collective enfranchisement

Deferred resale agreements

Particulars of site agreements to be given in advance

Particulars of site agreements to be given in advance

Extension of protection from harassment for occupiers of mobile homes

Extension of protection from harassment for occupiers of mobile homes

Provision of information to local authorities

Sanctions for non-compliance

212A

• (1) Arrangements under section 212(1) made by the Secretary of State must require the scheme administrator—

• (a) to give a local housing authority in England any specified information that they request, or

• (b) to provide facilities for the sharing of specified information with a local housing authority in England.

• (2) In subsection (1) “specified information” means information, of a description specified in the arrangements, that relates to a tenancy of premises in the local housing authority's area.

• (3) Arrangements made by virtue of this section may make the requirement to provide information or facilities to a local housing authority conditional on the payment of a fee.

• (4) Arrangements made by virtue of this section may include supplementary provision, for example about—

• (a) the form or manner in which any information is to be provided,

• (b) the time or times at which it is to be provided, and

• (c) the notification of anyone to whom the information relates.

• (5) Information obtained by a local housing authority by virtue of this section may be used only—

• (a) for a purpose connected with the exercise of the authority's functions under any of Parts 1 to 4 in relation to any premises,

• (aa) for a purpose connected with the exercise of the authority’s functions under or by virtue of Part 7 in relation to any qualifying residential premises within the meaning given by section 2B,

• (ab) for a purpose connected with the authority’s functions under or by virtue of the following in relation to any premises—

• sections 1 and 1A of the Protection from Eviction Act 1977,

• Chapter 1 of Part 1 of the Housing Act 1988,

• section 83(1) or 84(1) of the Enterprise and Regulatory Reform Act 2013,

• sections 21 to 23, 41 and 133 to 135 of the Housing and Planning Act 2016,

• Chapter 3 of Part 1 and Part 2 of the Renters’ Rights Act 2025,

or

• (b) for the purpose of investigating whether an offence has been committed under any provision mentioned in paragraphs (a) to (ab) in relation to premises or qualifying residential premises (as the case may be).

• (6) Information obtained by a local housing authority by virtue of this section may be supplied to a person providing services to the authority for a purpose listed in subsection (5).

• (7) The Secretary of State may by regulations amend the list of purposes in subsection (5).

Proceedings relating to tenancy deposits

Statutory periodic tenancies: deposit received before 6 April 2007

Disabled facilities grant: caravans

Additional Powers of First-tier Tribunal and Upper Tribunal

Social Housing Ombudsman for Wales

HMO declarations

Timing and location of things done electronically

False or misleading information

Financial penalties as alternative to prosecution

249A

• (1) The local housing authority may impose a financial penalty on a person if satisfied, beyond reasonable doubt, that the person's conduct amounts to a relevant housing offence in respect of premises in England.

• (2) In this section “relevant housing offence” means an offence under—

• (a) section 30 (failure to comply with improvement notice),

• (b) section 72 (licensing of HMOs),

• (c) section 95 (licensing of houses under Part 3),

• (d) section 139(7) (failure to comply with overcrowding notice), or

• (e) section 234 (management regulations in respect of HMOs).

• (3) Only one financial penalty under this section may be imposed on a person in respect of the same conduct.

• (4) The amount of a financial penalty imposed under this section is to be determined by the local housing authority, but must not be more than £30,000.

• (5) The local housing authority may not impose a financial penalty in respect of any conduct amounting to a relevant housing offence if—

• (a) the person has been convicted of the offence in respect of that conduct, or

• (b) criminal proceedings for the offence have been instituted against the person in respect of the conduct and the proceedings have not been concluded.

• (6) Schedule 13A deals with—

• (a) the procedure for imposing financial penalties,

• (b) appeals against financial penalties,

• (c) enforcement of financial penalties, and

• (d) guidance in respect of financial penalties.

• (7) The Secretary of State may by regulations make provision about how local housing authorities are to deal with financial penalties recovered.

• (8) The Secretary of State may by regulations amend the amount specified in subsection (4) to reflect changes in the value of money.

• (9) For the purposes of this section a person's conduct includes a failure to act.

Additional conditions to be included in licences under Part 2: floor area etc

1A

• (1) Where the HMO is in England, a licence under Part 2 must include the following conditions.

• (2) Conditions requiring the licence holder—

• (a) to ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged over 10 years is not less than 6.51 square metres;

• (b) to ensure that the floor area of any room in the HMO used as sleeping accommodation by two persons aged over 10 years is not less than 10.22 square metres;

• (c) to ensure that the floor area of any room in the HMO used as sleeping accommodation by one person aged under 10 years is not less than 4.64 square metres;

• (d) to ensure that any room in the HMO with a floor area of less than 4.64 square metres is not used as sleeping accommodation.

• (3) Conditions requiring the licence holder to ensure that—

• (a) where any room in the HMO is used as sleeping accommodation by persons aged over 10 years only, it is not used as such by more than the maximum number of persons aged over 10 years specified in the licence;

• (b) where any room in the HMO is used as sleeping accommodation by persons aged under 10 years only, it is not used as such by more than the maximum number of persons aged under 10 years specified in the licence;

• (c) where any room in the HMO is used as sleeping accommodation by persons aged over 10 years and persons aged under 10 years, it is not used as such by more than the maximum number of persons aged over 10 years specified in the licence and the maximum number of persons aged under 10 years so specified.

• (4) Conditions which apply if—

• (a) any of the conditions imposed pursuant to sub-paragraph (2) or (3) have been breached in relation to the HMO,

• (b) the licence holder has not knowingly permitted the breach, and

• (c) the local housing authority have notified the licence holder of the breach,

and which require the licence holder to rectify the breach within the specified period.

• (5) In sub-paragraph (4) the specified period means the period, of not more than 18 months beginning with the date of the notification, which is specified in the notification.

• (6) Conditions requiring the licence holder to notify the local housing authority of any room in the HMO with a floor area of less than 4.64 square metres.

• (7) In this paragraph a reference to a number of persons using a room in an HMO as sleeping accommodation does not include a person doing so as a visitor of an occupier of the HMO.

• (8) For the purposes of this paragraph a room is used as sleeping accommodation if it is normally used as a bedroom, whether or not it is also used for other purposes.

• (9) Any part of the floor area of a room in relation to which the height of the ceiling is less than 1.5 metres is not to be taken into account in determining the floor area of that room for the purposes of this paragraph.

• (10) This paragraph does not apply to an HMO which is managed by a charity registered under the Charities Act 2011 and which—

• (a) is a night shelter, or

• (b) consists of temporary accommodation for persons suffering or recovering from drug or alcohol abuse or a mental disorder.

Time for compliance with conditions under paragraph 1A(2) and (3)

1B

• (1) This paragraph applies in relation to an HMO in England in respect of the first licence granted on or after 1st October 2018 in relation to the HMO, regardless of whether a licence was in force in relation to the HMO immediately before that date.

• (2) If the local housing authority consider that, at the time the licence is granted, the licence holder is not complying with one or more of the conditions of the licence imposed pursuant to paragraph 1A(2) and (3), the authority must when granting the licence provide the licence holder with a notification specifying the condition or conditions and the period within which the licence holder is required to comply with the condition or conditions.

• (3) The period specified in the notification must not exceed 18 months from the date of the notification.

• (4) Within the period specified in the notification—

• (a) the local housing authority may not revoke the licence for a breach (or repeated breach) of any condition of the licence specified in the notification,

• (b) the licence holder does not commit an offence under section 72(3) in respect of any failure to comply with such a condition, and

• (c) the local housing authority may not impose a financial penalty under section 249A on the licence holder in respect of such a failure.

• (5) Sub-paragraphs (2) to (4) do not apply if, before the licence was granted, the licence holder was convicted of an offence under section 72(2) or (3) in relation to the HMO.

Additional conditions to be included in licences under Part 2: household waste

1C

Where the HMO is in England, a licence under Part 2 must include conditions requiring the licence holder to comply with any scheme which is provided by the local housing authority to the licence holder and which relates to the storage and disposal of household waste at the HMO pending collection.

11A

The requirements of paragraph 5 do not apply where the refusal to grant the licence was because of section 66(3C) or 89(3C) (person with banning order not a fit and proper person).

25A

The requirements of paragraph 22 do not apply if the revocation is required by section 70A or 93A (duty to revoke licence in banning order cases).

No rights of appeal where banning order involved

32A

• (1) The right of appeal under paragraph 31(1)(a) does not apply where a licence is refused because of section 66(3A) or 89(3A) (person with banning order not a fit and proper person).

• (2) The right of appeal under paragraph 32(1)(a) does not apply in relation to the revocation of a licence required by section 70A or 93A (duty to revoke licence in banning order cases).

Service of documents by scheme administrator on tenants

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13A

Notice of intent

1

Before imposing a financial penalty on a person under section 249A the local housing authority must give the person notice of the authority's proposal to do so (a “notice of intent”).

2

• (1) The notice of intent must be given before the end of the period of 6 months beginning with the first day on which the authority has sufficient evidence of the conduct to which the financial penalty relates.

• (2) But if the person is continuing to engage in the conduct on that day, and the conduct continues beyond the end of that day, the notice of intent may be given—

• (a) at any time when the conduct is continuing, or

• (b) within the period of 6 months beginning with the last day on which the conduct occurs.

• (3) For the purposes of this paragraph a person's conduct includes a failure to act.

3

The notice of intent must set out—

• (a) the amount of the proposed financial penalty,

• (b) the reasons for proposing to impose the financial penalty, and

• (c) information about the right to make representations under paragraph 4.

Right to make representations

4

• (1) A person who is given a notice of intent may make written representations to the local housing authority about the proposal to impose a financial penalty.

• (2) Any representations must be made within the period of 28 days beginning with the day after that on which the notice was given (“the period for representations”).

Final notice

5

After the end of the period for representations the local housing authority must—

• (a) decide whether to impose a financial penalty on the person, and

• (b) if it decides to impose a financial penalty, decide the amount of the penalty.

6

If the authority decides to impose a financial penalty on the person, it must give the person a notice (a “final notice”) imposing that penalty.

7

The final notice must require the penalty to be paid within the period of 28 days beginning with the day after that on which the notice was given.

8

The final notice must set out—

• (a) the amount of the financial penalty,

• (b) the reasons for imposing the penalty,

• (c) information about how to pay the penalty,

• (d) the period for payment of the penalty,

• (e) information about rights of appeal, and

• (f) the consequences of failure to comply with the notice.

Withdrawal or amendment of notice

9

• (1) A local housing authority may at any time—

• (a) withdraw a notice of intent or final notice, or

• (b) reduce the amount specified in a notice of intent or final notice.

• (2) The power in sub-paragraph (1) is to be exercised by giving notice in writing to the person to whom the notice was given.

Appeals

10

• (1) A person to whom a final notice is given may appeal to the First-tier Tribunal against—

• (a) the decision to impose the penalty, or

• (b) the amount of the penalty.

• (2) If a person appeals under this paragraph, the final notice is suspended until the appeal is finally determined or withdrawn.

• (3) An appeal under this paragraph—

• (a) is to be a re-hearing of the local housing authority's decision, but

• (b) may be determined having regard to matters of which the authority was unaware.

• (4) On an appeal under this paragraph the First-tier Tribunal may confirm, vary or cancel the final notice.

• (5) The final notice may not be varied under sub-paragraph (4) so as to make it impose a financial penalty of more than the local housing authority could have imposed.

Recovery of financial penalty

11

• (1) This paragraph applies if a person fails to pay the whole or any part of a financial penalty which, in accordance with this Schedule, the person is liable to pay.

• (2) The local housing authority which imposed the financial penalty may recover the penalty or part on the order of the county court as if it were payable under an order of that court.

• (3) In proceedings before the county court for the recovery of a financial penalty or part of a financial penalty, a certificate which is—

• (a) signed by the chief finance officer of the local housing authority which imposed the penalty, and

• (b) states that the amount due has not been received by a date specified in the certificate,

is conclusive evidence of that fact.

• (4) A certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved.

• (5) In this paragraph “chief finance officer” has the same meaning as in section 5 of the Local Government and Housing Act 1989.

Guidance

12

A local housing authority must have regard to any guidance given by the Secretary of State about the exercise of its functions under this Schedule or section 249A.

Buildings controlled or managed by a co-operative society

Disclosure of information as to orders etc. in respect of anti-social behaviour

Deferred resale agreements

Registered social landlord’s right of first refusal

Deferred resale agreements

Suspension of eviction orders

Proceedings relating to tenancy deposits