Article by Stephanie Thomas

Originally published in February 2006.

New reforming measures under the Housing Act 2004 will come into force in April 2006. This is part of the Government’s objective to bring houses which have been unoccupied for long periods back into use, to improve management of properties by landlords through licensing, as well as applying health and safety measures to the housing market.

Seven Statutory Instruments have been laid in Parliament in February 2006:

  1. The Licensing and Management of Houses in Multiple Occupation and Other Houses (Prescribed Descriptions) (England) Regulations 2006

    These Regulations will bring into force mandatory licensing for houses in multiple occupation. Licensing will apply to such buildings which comprise three or more storeys and which are occupied by five or more occupiers in two or more households.

  2. The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006

    Regulations set out requirements concerning houses in multiple occupation and selective licensing and management orders. The provisions will include the mechanism for applying for licences and the information to be held on public registers.

  3. The Management of Houses in Multiple Occupation (England) Regulations 2006

    These Regulations set out minimum standards of management for houses in multiple occupation.

  4. The Selective Licensing of Houses (Specified Exemptions) (England) Order 2006

    This Order specifies the types of tenancies and licences which are exempt from the selective licensing provisions in the 2004 Act.

  5. The Housing (Interim Management Orders) (Prescribed Circumstances) (England) Order 2006

    This Order provides a framework in which a residential property tribunal can permit a local authority to take over the management of individual privately rented properties if there have been antisocial behaviour problems in a neighbourhood.

  6. The Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (England) Order 2006

    This Order sets out the circumstances in which dwellings will be exempted from the taking over by a local authority of their management pursuant to empty dwelling management orders. The exemptions will include properties which have been unoccupied for 6 months, properties where the owners are temporarily absent, as well as second homes, properties which are being marketed and properties which are empty for other acceptable reasons. This Order sets out the procedures to be followed by local authorities in applying to a Residential Property Tribunal for interim empty dwelling management orders.

  7. The Housing (Management Orders and Empty Dwelling Management Orders) (Supplemental Provisions) (England) Regulations 2006

    These Regulations will enable local housing authorities to deal with ground rent, service and other charges demanded in respect of leasehold properties on which management or empty dwelling management orders are made.

The Housing Minister Baroness Andrews said:

"These measures represent some of the most important reforms of the private rented sector. They will raise management standards in the private rented sector as well as finding ways of bringing empty homes back into use at a time when housing need is at its greatest."

© RadcliffesLeBrasseur

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