HC Deb 11 May 2004 vol 421 cc211-2
211
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Amendments made: No. 50, in page 156, line 19, leave out subsection (1) and insert—
'(1) For the purposes of this Act a building or a part of a building is a "house in multiple occupation" if—
- (a) it meets the conditions in subsection (1A) ("the standard test");
- (b) it meets the conditions in subsection (1B) ("the self-contained flat test");
- (c) it meets the conditions in subsection (1C) ("the converted building test");
- (d) a declaration notice is in force in respect of it under section (HMO declarations); or
- (e) it is a converted block of flats to which section 215 applies.
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(1A) A building or a part of a building meets the standard test if—
- (a) it consists of one or more units of living accommodation not consisting of a self-contained flat or flats;
- (b) the living accommodation is occupied by persons who do not form a single household (see section 216);
- (c) the living accomodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 217);
- (d) their occupation of the living accommodation constitutes the only use of that accommodation;
- (e) rents are payable or other consideration is to be provided by at least one of those persons in respect of their occupation of the living accommodation; and
- (f) two or more of the households who occupy the living accommodation share one or more basic amenities or the living accommodation is lacking in one or more basic amenities.
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(1B) A part of a building meets the self-contained flat test if—
- (a) it consists of a self-contained flat; and
- (b) paragraphs (b) to (f) of subsection (1A) apply (reading references to the living accommodation concerned as references to the flat).
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(1C) A building or a part of a building meets the converted building test if—
- (a) it is a converted building;
- (b) it contains one or more units of living accommodation that do not consist of a self-contained flat or flats (whether or not it also contains any such flat or flats);
- (c) the living accommodation is occupied by persons who do not form a single household (see section 216);
- (d) the living accomodation is occupied by those persons as their only or main residence or they are to be treated as so occupying it (see section 217);
- (e) their occupation of the living accommodation constitutes the only use of that accommodation; and
- (f) rents are payable or other consideration is to be provided by at least one of those persons in respect of their occupation of the living accommodation.'.
212
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No. 51, in page 157, line 13, leave out from 'a' to 'is' in line 15 and insert
'building or part of a building consisting of living accommodation which, having regard to the layout of that accommodation,'.
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No. 52, in page 157, leave out line 19 and insert—
self-contained flat" means a separate set of premises (whether or not on the same floor)—
- (a) which forms part of a building;
- (b) either the whole or a material part of which lies above or below some other part of the building; and
- (c) in which all three basic amenities are available for the exclusive use of its occupants.'.—[Keith Hill.]