Section 102: Making of interim management orders, Housing Act 2004

A local housing authority—

are under a duty to make an interim management order in respect of a house in a case within subsection (2) or (3), and

have power to make an interim management order in respect of a house in a case within subsection (4) , (7) or (7A).

The authority must make an interim management order in respect of a house if—

it is an HMO or a Part 3 house which is required to be licensed under Part 2 or Part 3 (see section 61(1) or 85(1)) but is not so licensed, and

they consider either—

that there is no reasonable prospect of its being so licensed in the near future, or

that the health and safety condition is satisfied (see section 104).

The authority must make an interim management order in respect of a house if—

it is an HMO or a Part 3 house which is required to be licensed under Part 2 or Part 3 and is so licensed,

they have revoked the licence concerned but the revocation is not yet in force, and

they consider either—

that, on the revocation coming into force, there will be no reasonable prospect of the house being so licensed in the near future, or

that, on the revocation coming into force, the health and safety condition will be satisfied (see section 104).

The authority may make an interim management order in respect of a house if—

it is an HMO other than one that is required to be licensed under Part 2, and

on an application by the authority to the appropriate tribunal, the tribunal by order authorises them to make such an order, either in the terms of a draft order submitted by them or in those terms as varied by the tribunal;

and the authority may make such an order despite any pending appeal against the order of the tribunal (but this is without prejudice to any order that may be made on the disposal of any such appeal).

The tribunal may only authorise the authority to make an interim management order under subsection (4) if it considers that the health and safety condition is satisfied (see section 104).

In determining whether to authorise the authority to make an interim management order in respect of an HMO under subsection (4), the tribunal must have regard to the extent to which any applicable code of practice approved under section 233 has been complied with in respect of the HMO in the past.

The authority may make an interim management order in respect of any property let in breach of a banning order under section 16 of the Housing and Planning Act 2016.

Nothing in this section requires or authorises the making of an interim management order under subsection (2), (3), (4) or (7) in respect of a house if—

an interim management order has been previously made in respect of it, and

the authority have not exercised any relevant function in respect of the house at any time after the making of the interim management order.

In subsection (9) "relevant function" means the function of—

granting a licence under Part 2 or 3,

serving a temporary exemption notice under section 62 or section 86, or

making a final management order under section 113.

Section 102: Making of interim management orders

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