Section 86: Temporary exemption from licensing requirement, Housing Act 2004

This section applies where a person having control of or managing a Part 3 house which is required to be licensed under this Part (see section 85(1)) but is not so licensed, notifies the local housing authority of his intention to take particular steps with a view to securing that the house is no longer required to be licensed.

The authority may, if they think fit, serve on that person a notice under this section ("a temporary exemption notice") in respect of the house.

If a temporary exemption notice is served under this section, the house is (in accordance with section 85(1)) not required to be licensed under this Part during the period for which the notice is in force.

A temporary exemption notice under this section is in force—

for the period of 3 months beginning with the date on which it is served, or

(in the case of a notice served by virtue of subsection (5)) for the period of 3 months after the date when the first notice ceases to be in force.

If the authority—

receive a further notification under subsection (1), and

consider that there are exceptional circumstances that justify the service of a second temporary exemption notice in respect of the house that would take effect from the end of the period of 3 months applying to the first notice,

the authority may serve a second such notice on the person having control of or managing the house (but no further notice may be served by virtue of this subsection).

If the authority decide not to serve a temporary exemption notice in response to a notification under subsection (1), they must without delay serve on the person concerned a notice informing him of—

the decision,

the reasons for it and the date on which it was made,

the right to appeal against the decision under subsection (7), and

the period within which an appeal may be made under that subsection.

The person concerned may appeal to the appropriate tribunal against the decision within the period of 28 days beginning with the date specified under subsection (6) as the date on which it was made.

Such an appeal—

is to be by way of a re-hearing, but

may be determined having regard to matters of which the authority were unaware.

The tribunal—

may confirm or reverse the decision of the authority, and

if it reverses the decision, must direct the authority to issue a temporary exemption notice with effect from such date as the tribunal directs.

Section 86: Temporary exemption from licensing requirement

Discussed in

About this text