Housing Act 2004

Allocation of housing accommodation by local authorities

Guidance in relation to section 225

Powers of entry

Timing and location of things done electronically

Service of documents by scheme administrator on tenants

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Buildings controlled or managed by a co-operative society

Suspension of eviction orders

Provision of information to local authorities

Shorthold tenancies: deposit received on or after 6 April 2007

Guidance in relation to section 225

Social Housing Ombudsman for Wales

Powers and procedure of residential property tribunals

Additional Powers of First-tier Tribunal and Upper Tribunal

HMOs: certain converted blocks of flats

Service of documents by scheme administrator on tenants

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Buildings controlled or managed by a co-operative society

75A

• (1) No section 173 notice, no section 186 notice, no paragraph 25B of Schedule 12 notice and no section 194 notice may be given in relation to a standard contract of a part of an unlicensed HMO as long as it remains such an HMO.

• (2) In this section—

• “2016 Act” means the Renting Homes (Wales) Act 2016 (anaw 1);

• “paragraph 25B of Schedule 12 notice” means a notice under paragraph 25B of Schedule 12 to the 2016 Act (termination of contract by landlord);

• “section 173 notice” means a notice under section 173 of the 2016 Act (landlord’s notice);

• “section 186 notice” means a notice under section 186 of the 2016 Act (landlord’s notice in connection with end of term of contract within Schedule 9B);

• “section 194 notice” means a notice under section 194 of the 2016 Act (landlord’s break clause);

• “standard contract” has the same meaning as in the 2016 Act (see section 8 of the 2016 Act);

• “unlicensed HMO” has the same meaning as in section 73 of this Act.

98A

• (1) No section 173 notice, no section 186 notice, no paragraph 25B of Schedule 12 notice and no section 194 notice may be given in relation to a standard contract of the whole or part of an unlicensed house as long as it remains such a house.

• (2) In this section—

• “2016 Act” means the Renting Homes (Wales) Act 2016 (anaw 1);

• “paragraph 25B of Schedule 12 notice” means a notice under paragraph 25B of Schedule 12 to the 2016 Act (termination of contract by landlord);

• “section 173 notice” means a notice under section 173 of the 2016 Act (landlord’s notice);

• “section 186 notice” means a notice under section 186 of the 2016 Act (landlord’s notice in connection with end of term of contract within Schedule 9B);

• “section 194 notice” means a notice under section 194 of the 2016 Act (landlord’s break clause);

• “standard contract” has the same meaning as in the 2016 Act (see section 8 of the 2016 Act);

• “unlicensed house” has the same meaning as in section 96 of this Act.

Additional standards for certain housing in England

2A

• (1) The Secretary of State may by regulations specify requirements to be met by qualifying residential premises.

• (2) The matters which may be covered by the requirements include (but are not limited to) the following matters—

• (a) the state of repair of the premises,

• (b) things to be provided for use by, or for the safety, security or comfort of, persons occupying the premises, and

• (c) the means of keeping the premises at a suitable temperature.

• (3) The requirements are to consist of one or both of the following—

• (a) requirements which the Secretary of State considers appropriate to be subject to enforcement under section 5 (duty of local housing authorities to take enforcement action), referred to in this Part as “type 1 requirements”, and

• (b) requirements which the Secretary of State considers appropriate to be subject to enforcement under section 7 (power of local housing authorities to take enforcement action), referred to in this Part as “type 2 requirements”.

• (4) The regulations may contain exceptions from the requirements.

2B

• (1) The following are “qualifying residential premises” for the purposes of this Part—

• (a) a dwelling or HMO in England—

• (i) which is let under a relevant tenancy, or

• (ii) which is supported exempt accommodation,

except where the dwelling or HMO is social housing and the landlord under the tenancy, or the provider of the accommodation, is a registered provider of social housing,

• (b) an HMO in England where at least one unit of accommodation which forms part of the HMO is let on a relevant tenancy, except where the unit is social housing and the landlord under the tenancy is a registered provider of social housing,

• (c) a building or part of a building constructed or adapted for use as a house in multiple occupation if—

• (i) it is for the time being only occupied by persons who form a single household, and

• (ii) the accommodation which those persons occupy is let under a relevant tenancy or is supported exempt accommodation,

except where the accommodation which those persons occupy is social housing and the landlord under the tenancy, or the provider of the supported exempt accommodation, is a registered provider of social housing,

• (d) any accommodation falling within paragraph (e) of the definition of “residential premises” in section 1(4) (homelessness), except where the accommodation is social housing and the provider of the accommodation is a registered provider of social housing, and

• (e) any common parts of a building in England containing one or more flats falling within paragraph (a), (b), (c) or (d) of this subsection.

• (2) In this Part—

• “relevant tenancy” means—an assured tenancy within the meaning of the Housing Act 1988,an assured agricultural occupancy within the meaning of Part 1 of that Act, ora regulated tenancy within the meaning of the Rent Act 1977;

• “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008;

• “supported exempt accommodation” has the same meaning as in the Supported Housing (Regulatory Oversight) Act 2023 (see section 12 of that Act).

• (3) The Secretary of State may by regulations amend this section so as to change the meaning of “relevant tenancy” so as to add or remove a particular kind of—

• (a) tenancy that is periodic or granted for a term of less than 21 years, or

• (b) licence to occupy.

• (4) Before making regulations under subsection (3), the Secretary of State must consult such persons as the Secretary of State considers appropriate.