Statutory Exemptions as per Schedule 14 of 2004 HA. Law/Legal interpretation.

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    Statutory Exemptions as per Schedule 14 of 2004 HA. Law/Legal interpretation.

    I have a three bed ex local authority purpose built flat with 5 occupiers. As per government guidelines it's exempt from mandatory licensing. The borough has introduced additional licensing and I want to find out whether the statutory exemption to buildings managed by local authorities applies as my building is in fact managed by the council.

    here is a document from Hackney council with the exemption mentioned

    Appendix 4. Point 3.0

    https://consultation.hackney.gov.uk/...-proposals.pdf

    And here is the statutory exemption which I believe this is taken from.

    Point 2.1(a)


    https://www.legislation.gov.uk/ukpga...34/schedule/14

    Help is much appreciated. I have upgraded the property to match with HMO regs including all arms, lighting, fire blankets and everything else. I just want to make sure the license is neccesary.

















    #2
    The very council guidance you linked to, on the point you specified says at the very start:

    The following types of premises are exempt from the HMO definition and Additional Licensing Scheme
    Turning to the legislations itself, section 254 of the 2004 Act:

    But for any purposes of this Act (other than those of Part 1) a building or part of a building within subsection (1) is not a house in multiple occupation if it is listed in Schedule 14.
    And then Schedule 14 as you linked to.

    So no, it doesn't need licensing.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

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