The Housing Act 2004 gave Local Authorities increased powers, functions and duties when regulating housing in the private rented sector. Using the Housing Act 2004 provides authoritative and practical information on key areas of housing law giving a definitive and practical account of how the Act operates in practice.

Using the Housing Act 2004 offers first hand experience of the practice and procedure of the tribunal, and is the only book to consider decisions made by the Tribunal.

It offers clear technical guidance on the working of the HHSRS from one of its creators, together with guidance about how to determine the most appropriate and effective measures to tackle poor quality housing. It also contains an easily accessible guide to licensing and to HMOs which will be indispensable to those involved in private sector housing management and standards of housing.

In addition, the relevant Parts of the Housing Act 2004, key statutory instruments and the HHSRS Enforcement Guidance are reproduced.

Written by leading figures in the field, involved with the creation of the HHSRS and dealing with cases under the new jurisdiction before the Residential Property Tribunal, this book is essential reading for all those involved in the enforcement of the Act and in advising private landlords and tenants whose properties are subject to the Act.

HELEN CARR
Senior Lecturer in Law, University of Kent; part-time Chair, Residential Property Tribunal

STEPHEN COTTLE
Barrister, Garden Court Chambers

DAVID ORMANDY
Professor and Principal Research Fellow,Warwick Law School

Introduction

• The Legal Environment 

Housing Standards and the New HHSRS

• Enforcement of Housing Standards
• The Housing Health and Safety Rating System (HHSRS)
• HHSRS -Options for Action
• Contents of Notices and Orders 

HMOs and Overcrowding

• The Meaning of House in Multiple Occupation
• HMOs -Interrelationship with HHSRS
• Overcrowding -Interrelationship of the Provisions 

Licensing Chapter

• Who Needs a Licence?
• Mandatory and Additional Licensing under Part 2 of the Act
• Selective Licensing 

Management Orders and EDMOs

• Management Orders
• Empty Dwelling Management Orders 

Enforcement and Sanctions

• Enforcement and Sanctions in Relation to the HHSRS/Consequences of Non-compliance with Enforcement Action under Part 1
• Enforcement and Sanctions in Relation to Unlicensed HMOs and Other Houses under Parts 2and 3
• Revocation, Suspension and Variation 

Tribunal Practice and Procedure

• Using the Residential Property Tribunal 

Appendices

• Housing Act 2004
• Statutory Instruments
  • Housing Health and Safety Rating System (England) Regulations 2005
  • Housing (Empty Dwelling Management Orders) (Prescribed Exceptions and Requirements) (England) Order 2006
  • Selective Licensing of Houses (Specified Exemptions) (England) Order 2006
  • Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006
  • Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006
  • Residential Property Tribunal (Fees) (England) Regulations 2006
  • Residential Property Tribunal Procedure (England) Regulations 2006
  • Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007  
• Housing Health and Safety Rating System
  • Structure of the Guidance

"very detailed and clearly explained. There is also a very good chapter about how the Act operates within the current legal environment and guidance on how to read the Act"
Adviser