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United Kingdom

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Use definition

What does Use mean? In legal practice, Use describes any act of dealing with information, materials, works, data or technology. It is usually a contractual umbrella term capturing a broad range of actions, commonly including to distribute, disclose, store, use, analyse, copy, reproduce, extract, modify or adapt, whether in whole or in part. Use is not generally fixed by statute; its scope turns on the wording of the relevant agreement and context. That said, it intersects with specific legal regimes. In intellectual property, “use” of a trade mark in the course of trade (UK Trade Marks Act 1994; Irish Trade Marks Act 1996) and the...

England: When HA 2004 Part 2 HMO licence required pre-2018 Order

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Mandatory licensing

Local housing authorities (LHAs) are obliged to properly operate mandatory licensing within their area. Before 1 October 2018, only some houses in multiple occupation (HMOs) required a licence. This requirement stems from Part 2 of the Housing act 2004 (HA 2004). Mandatory licensing covered specified HMOs, and LHAs were responsible for licensing those properties. For the up-to-date mandatory licensing rules, see Practice Note: Houses in multiple occupation (HMOs)—licensing regime.

Under mandatory licensing, an HMO had to be licensed where it met the following:

It comprised three or more storeys; and
It housed five or more people forming two or more households.

“Occupants” is not defined, so children of any age were counted towards the total number of occupants.

From 1 October 2018, when the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018, SI 2018/221 took effect, the storey count ceased to be relevant to deciding whether an HMO needs a licence. From that point, all properties meeting the test in HA 2004, s 254 must be licensed—see Practice Note: Houses in multiple occupation (HMOs)—Defining an HMO. However, for enforcing breaches committed before 1 October 2018, the following...

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Web page updated on 11/06/2026

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