Housing (Hansard, 26 November 1996)

§ Mr. Clappison

The Department has today issued a consultation paper inviting comments on a number of detailed provisions relating to the new policies with regard to houses in multiple occupation contained in the Housing Act 1996.

The Act contained an important package of measures to tackle poor standards of accommodation provided in houses in multiple occupation, including bedsits, hostels and some shared houses and houses converted into flats. The Government have been particularly concerned to ensure that these properties have adequate fire safety precautions. It is also important to ensure that strong powers are available to allow local authorities to deal effectively with the problem of the proliferation of hostels in resort areas.

Once the policy details set out in the consultation paper are finalised, implementation can begin early in the new year. I intend, subject to the responses we receive, that local authorities will be able to commence new registration schemes, fire safety checks and the new enforcement procedures in March next year. Implementation of the remaining parts of the package will follow as further details are settled.

The key proposals in the paper concern, first, the new form of registration schemes which local authorities may establish in their areas. Model registration schemes will be available which can be adopted by local authorities without further reference to the Department. These models specify the HMOs which will be subject to registration. These will be the larger HMO properties and will include some houses converted into self-contained flats which are predominantly let on rented tenancies and 148W which are not converted by the 1985 or subsequent building regulations approval. Properties managed or controlled by specified landlords, such as registered social landlords, universities or health service bodies will be excluded. There are also proposals for the maximum level of fees payable by an HMO landlord. The average maximum fee is likely to be about £350 per HMO. Fees at half this level are also payable on renewal of registration after five years.

Local authorities will also be required to carry out a check on fire safety precautions in a specified category of HMOs which are regarded as most at risk. It is estimated that about 100,000 HMOs will be covered by this duty which will be phased in over a three-year period to give authorities enough time to check all the affected properties.

The paper also sets out proposals for modifying the procedures for serving enforcement notices which must he followed by authorities. Before taking formal enforcement action the authority must serve a "minded to" notice on the HMO landlord giving him the chance to make representations to the authority. If a formal notice is subsequently served, then the authority will have powers to charge for certain administrative costs up to a maximum of £300 per notice.

The proposed new duty on HMO landlords to keep their properties fit for the number of occupants will be introduced at a later date following approval by the Secretary of State of the national code of practice on HMO standards, on which work is currently underway.

I have placed a copy of the consultation paper in the Libraries of both Houses.