HC Deb 20 July 2004 vol 424 cc210-1W
Mr. Simmonds

To ask the Deputy Prime Minister what steps his Department is taking to combat(a) overcrowded and (b) dangerous multi-occupancy housing. [182162]

Keith Hill

Local authorities have powers in the Housing Act 1985 to deal with overcrowded or unfit Houses in Multiple Occupation (HMOs). Section 352 of the Act gives local authorities powers- to require works to be carried out to render an HMO suitable for the number of occupants. In addition section 354 permits local authorities to limit the number of occupants in an HMO to the number which the authority considers it to be suitable for. A failure to comply with a direction or notice under these sections is a criminal offence. These provisions are to be replaced by new measures in the Housing Bill.

The Bill includes provisions for a new Housing Health and Safety Rating System which will replace the current fitness standard and will enable authorities to take action to deal with health and safety hazards in all housing including HMOs. The Bill also includes provision for mandatory licensing of large HMOs, and local authorities will have powers to introduce additional licensing to tackle the smaller HMOs. In order to obtain a licence, the landlord will be required to satisfy the local authority that he, or the manager of the property, is a fit and proper person and the house is reasonably suitable for the permitted number of occupants. It will be a criminal offence to operate an HMO without a licence if it is required to be licensed or to permit such an HMO to be occupied by more persons than are permitted under the licence. In addition, local authorities will have powers to make management orders on individual HMOs that are not subject to licensing, if a tribunal agrees that it is necessary to make the order to protect the health, safety and welfare of the residents or other persons occupying properties in the vicinity.

Under the Housing Bill, the Secretary of State and the National Assembly for Wales will have power to amend by Order the statutory overcrowding standards in Part 10 of the 1985 Act and also the provisions in Part 4 of the Bill under which local authorities may serve notices to tackle overcrowding in HMOs. I will be consulting later this year on the ways in which this power might be used.