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• Houses in Multiple Occupation (HMO) and Selective Licensing Draft Regulations

Housing

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Summary

These regulations on HMO and Selective Licensing are being published in draft to provide an opportunity for comments on the drafting, accuracy and practical application of the provisions set out in the regulations.  This is part of a process aimed at ensuring that the regulations work effectively when HMO and Selective licensing are introduced.  This is not a formal public consultation exercise but is aimed at key stakeholders and practitioners.  However comments received from other interested persons will be dealt with in the usual way.

These draft regulations cover:

• the scope of mandatory licensing for Houses in Multiple Occupation (HMOs);
• the circumstances when persons are to be regarded as being in the same household for Part 2 of the Act;
• the circumstances when persons are to be treated as occupying  premises as their only or main residence for Part 2 of the Act;
• the contents of applications for licences under Parts 2 and 3 of the Act;
• the standards to be applied when determining the suitability of an HMO for licensing under Part 2 of the Act;
• the publication requirements for designations and revocations under Part 2 or 3 of the Act;
• the information to be contained in registers of licences, temporary exemption notices and management orders under Part 2 of the Act;
• the buildings that are not HMOs for the purposes of the Act (other than for Part 1);
• the rules relating to the management of HMOs;
• tenancies and licences that are exempt from selective licensing under Part 3 of the Act;
• the circumstances in which a special interim management order can be made under Part 4 of the Act .

We are not seeking comments on wider issues relating to the licensing policy, as these were the subject of earlier consultations a year ago and this exercise is not intended to revisit the decisions made as a result of that consultation.
Final versions of the Instruments will be laid in Parliament in the week commencing 30 January 2006 and the provisions will come into force on 6 April 2006.

These regulations exclude Section 257 HMOs (converted blocks of flats) from the provisions.  A separate set of regulations applying licensing and management regulations is being prepared to cover those buildings and will be published in draft in the week commencing 30 January 2006.

Responses to the consultation are requested to arrive no later than Thursday 22 December 2005.  They should be addressed to:

Tracy Jermy
Housing Markets Division
Office of the Deputy Prime Minister
2/G9 Eland House
Bressenden Place
London SW1E 5DU

Telephone: 020 7944 3149

E-mail responses should be sent to Licensing@communities.gsi.gov.uk

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