Full Description
Cornerstone on Mandatory, Additional and Selective Licensing provides an authoritative guide to the licensing of Houses in Multiple Occupation and other residential premises under Parts 2 and 3 of the Housing Act 2004. The book offers practical advice and guidance to local authorities and landlords on the licensing requirements as of 2017. The changes brought in during 2017 present a considerable challenge to local authorities as they will become responsible for licensing thousands more properties across the country.
In addition to expert commentary from Cornerstone Barristers, Cornerstone on Mandatory, Additional and Selective Licensing covers legislation, including the Housing Act 2004 and the amendments due in 2017, and case law, such as R(Hemming) v Westminster City Council [2015] (referred to EU Court following the decision of the Supreme Court in 2015), ensuring it provides an invaluable guide for everyone trying to understand the new requirements of the Act brought about by the expansion of the mandatory HMO (Houses in Multiple Occupation) licensing scheme changes.
Contents
Chapter 1: Introduction
Chapter 2: Mandatory licensing
a. Overview
b. Houses in multiple occupation:
i. legal definition
ii. exceptions
iii. section 257 HMOs
c. The licensing requirement and exceptions
Chapter 3: Additional and selective licensing
a. Overview
b. Scheme designation
i. Grounds for designation
ii. Fee setting
iii. The consultation process: legal requirements
iv. Notification requirements post-designation
v. Scheme duration
vi. Confirmation and general approval
c. Challenging scheme designations
i. An introduction to judicial review
1. Pre-action procedure and time limits
2. Grounds for review
3. Remedies
d. The licensing requirement and exceptions
e. Scheme review and revocation
Chapter 4. Licence applications
a. Overview
b. Application process
c. Key concepts: fitness, suitability, rogue landlords and banning orders
d. Licence conditions and general requirements
e. Licence fees
f. Licence duration
g. Variation and revocation
h. Appeals
Chapter 5: Scheme enforcement
a. Overview
b. Criminal sanctions
i. Offences relating to the licensing of HMOs
ii. Offences relating to selective licensing
iii. Sanctions
iv. Appeals
c. Civil sanctions
i. Rent repayment orders
ii. Restrictions on tenancy termination
Appendices
A: Primary legislation
B: Secondary legislation
C: Guidance
D: Forms
E: Precedents
F: Useful information
