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Control Scheme

THE PETERBOROUGH CITY COUNCIL (REGISTRATION OF HOUSES IN MULTIPLE OCCUPATION) CONTROL SCHEME 1999

1. This scheme may be cited as the Peterborough City Council (Registration of Houses in Multiple Occupation) Control Scheme 1999.
2. This scheme shall come into force on 1 January 2000.
3. The City of Peterborough (Registration of Houses in Multiple Occupation) Control Scheme 1998 is hereby revoked

1. any house in which the authority has an interest, whether freehold or leasehold
2. any house subject to a control order made under section 379 of the 1985 Act
3. any house used as a children's home or community home which is registered or provided under the Children Act 1989(e)
4. any house registered under the Registered Homes Act 1984(f)
5. any house which is occupied by no more than two persons
6. any house which is occupied by no more than two persons in addition to the responsible person and any other member of his household
7. any house where the living accommodation consists entirely of self-contained flats and at least one third of the flats are either -
   
   
   • let on leases of more than 21 years and wholly occupied by the lessees and their households; or
   • wholly occupied by any freeholder of the house and his household
     
8. any house of which the responsible person is a health service body as defined in section 519A of the Income and Corporation Taxes Act 1988(g)
9. any house of which the responsible person is a social landlord registered in accordance with Part 1 if the Housing Act 1996
10.  any house of which the responsible person is -
    
    
    • a university or other institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992(h) or a college or other institution in the nature of a college in such a university or other institution
    • an institution within the further education sector within the meaning given by section 91(3) of that Act
    • an institution which provides a course qualifying for funding under Part 1 of the Education Act 1994(i); or
      

11. any house approved by the Secretary of State under section 27 of the Probation Services Act 1993(j)
    

• a "flat" means any part of a building which was originally constructed or subsequently adapted for occupation by a single household; and
• "self-contained" means that the flat has for the exclusive use of its occupants the facilities mentioned in section 352 (1A) (a) to (c) of the 1985 Act(k), each such facility being contiguous with either a living area or another facility and within the flat.

1. address of the house
2. the number of storeys
3. the number of rooms in the house
4. the number of those rooms used exclusively as -
   
   
   • kitchens
   • bathrooms (with or without water closets, and with a bath or a shower)
     
5. the total number of -
   
   • fixed wash hand basins
   • fixed sinks
   • fixed baths or showers
   • water closets (a) external  (b) internal
6. the name and address of the person managing the house and of any other person who is an owner, lessee or mortgagee in possession of the house or any part of it. In the case of a body corporate the address shall be the registered address and, if different, that of the secretary or other principal officer;
7. a description of any such person as owner, lessee, mortgagee, agent or trustee
8. the number of households and persons occupying the house
9. particulars of any works carried out subsequent to registration pursuant to a notice given under sections 352 or 372 or under an order made under section 377A or the 1985 Act(l); and
10. the number of households and persons for whom it is registered.

1. The responsible person of a house in multiple occupation shall apply to register the house with the authority.
2. On a first application for registration, the responsible person shall -
   
   
   1. give the authority the particulars of the house specified in paragraph 6, and
   2. pay a fee of a reasonable amount determined by the authority (not exceeding the amount specified by the Secretary of State)
      
3. Registration shall be for an initial period of five years from the date of first registration and may be renewed for further periods of five years at a time
4. On or before expiry of a period of registration the responsible person shall apply to the authority for renewal of the registration
5. On renewal of registration, the responsible person shall -
   
   
   1. notify the authority of any changes in the particulars entered in the register in respect of the house, and
   2. pay a fee of one-half of the amount which would at that time have been payable for first registration of the house
      
6. During any period of registration, the responsible person shall notify the authority of any change in the particulars entered in the register which makes it necessary to alter the particulars inserted in the register except a decrease in number registered under paragraph 6(h).

1. The authority may, on an application for first registration of a house or a renewal or variation of a registration
   
   
   1. refuse the application on the ground that the house is unsuitable and incapable of being made suitable for such occupation as would be permitted if the application were granted;
   2. refuse the application on the ground that the person having control of the house or the person intended to be managing the house is not a fit and proper person;
   3. require as a condition of granting the application that such works as will make the house suitable for such occupation as would be permitted if the application were granted are executed within such time as the authority determine; or
   4. impose such conditions relating to the management of the house during the period of registration as the authority determine.
      
2. The authority shall give the applicant a written statement of their reasons where they -
   
   
   1. refuse to grant his application for first registration or for renewal or variation of registration;
   2. require the execution of works as a condition of granting such an application, or
   3. impose conditions relating to the management of the house

1. The authority may, at any time during the period of registration (whether or not an application has been made) -
   
   
   1. alter the number of households or persons for which a house is registered on the ground that the house is unsuitable and incapable of being made suitable for such occupation as is permitted by virtue of the registration; or
   2. alter the number of households or persons for which a house is registered or revoke the registration unless such works are executed within a time specified by the authority as will make the house in question suitable for such occupation as is permitted by virtue of the registration
      
2. The authority shall, in deciding whether to exercise the power under sub-paragraph (1), apply the same standards in relation to the circumstances existing at the time of the decision as were applied at the beginning of the period of registration.
3. The authority may revoke a registration if they consider that -
   
   
   1. the person having control of the house or the person managing it is not a fit or proper person, or
   2. there has been a breach of the conditions relating to the management of the house
      
4. The authority shall -
   
   
   1. notify the responsible person of any decision by the authority to exercise a power mentioned in sub-paragraph (1) or (3) in relation to a house, and
   2. at the same time give them a written statement of the authority's reasons.

1. the house is registered, and
2. the number of households or persons occupying it will not as a result exceed the number registered for it.

FOOTNOTES

1. Sections 346 to 348 were substituted and section 348A was inserted by sections 65 and 66 of the Housing Act 1996 (c.52)
2. 1996 c.52.
3. Section 345 was amended by paragraph 44 of Schedule 9 to the Local Government and Housing Act 1989 (c.42).
4. The definition of "person managing" was substituted by section 79(2) of the Housing Act 1996.
5. 1989 c.41.
6. 1984 c.23.
7. Section 519A was inserted by section 61 of the National Health Service and Community Act 1990 (c.19) and amended by paragraph 114 of Schedule 1 to the Health Authorities Act 1995 (c.17).
8. 1992 c.13.
9. 1994 c.30; Part 1 was amended by section 29(3) of the Disability Discrimination Act 1995 (c.50) and by paragraphs 126 to 128 of Schedule 37 to the Education Act 1996 (c.56).
10. 1993 c.47.
11. Subsection (1A) was added by paragraph 49 of Schedule 9 to the Local Government and Housing Act 1989 (c.42).
12. Section 377A was inserted by section 76 of the Housing Act 1996.

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