HC Deb 11 May 2004 vol 421 cc211-2

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—

  1. (a) it meets the conditions in subsection (1A) ("the standard test");
  2. (b) it meets the conditions in subsection (1B) ("the self-contained flat test");
  3. (c) it meets the conditions in subsection (1C) ("the converted building test");
  4. (d) a declaration notice is in force in respect of it under section (HMO declarations); or
  5. (e) it is a converted block of flats to which section 215 applies.

(1A) A building or a part of a building meets the standard test if—

  1. (a) it consists of one or more units of living accommodation not consisting of a self-contained flat or flats;
  2. (b) the living accommodation is occupied by persons who do not form a single household (see section 216);
  3. (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);
  4. (d) their occupation of the living accommodation constitutes the only use of that accommodation;
  5. (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
  6. (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.

(1B) A part of a building meets the self-contained flat test if—

  1. (a) it consists of a self-contained flat; and
  2. (b) paragraphs (b) to (f) of subsection (1A) apply (reading references to the living accommodation concerned as references to the flat).

(1C) A building or a part of a building meets the converted building test if—

  1. (a) it is a converted building;
  2. (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);
  3. (c) the living accommodation is occupied by persons who do not form a single household (see section 216);
  4. (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);
  5. (e) their occupation of the living accommodation constitutes the only use of that accommodation; and
  6. (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.'.

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,'.

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)—

  1. (a) which forms part of a building;
  2. (b) either the whole or a material part of which lies above or below some other part of the building; and
  3. (c) in which all three basic amenities are available for the exclusive use of its occupants.'.—[Keith Hill.]

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