Persons having control of or managing a property that requires a licence but is not so licensed commit an offence. The way that "persons having control" is defined (in section 263 of the Housing Act 2004) and has been interpreted by the judiciary means that in practice superior landlords are unlikely to be caught, even if they are closely involved with the property. Immediate landlords may too, exceptionally, not fall within the definition of a person managing or having control of the property. This new section ensures that superior and immediate landlords and licensors, as well as persons having control or managing a property, fall within the scope of the offence.
Part 4: Enforcement Chapter 1 – Sanctions Section 105: Unlicensed HMOs and houses: offences Background