Section 105 amends sections 72 (offences in relation to licensing of HMOs) and 95 (offences in relation to licensing of houses under Part 3) of the Housing Act 2004 which, respectively, concern offences in relation to the licensing of Houses in Multiple Occupation (HMOs) and properties subject to selective licensing.
	Subsection (2) replaces section 72, subsection (1) of the Housing Act 2004. In addition to persons having control or managing the HMO, it prescribes that where an HMO is not licensed but is required to be, an offence is also committed by the immediate landlord or licensor of the tenants and any superior landlord or licensor.
	Subsection (3) adds new subsections (4A) and (4B) into section 72 of the Housing Act 2004. Subsection (4A) provides that where proceedings are commenced against a person for having control of or managing an HMO that is required to be licensed but is not, or for being an immediate landlord or licensor of such an HMO, it is a defence for them to prove that they had a reasonable excuse for managing or having control of an unlicensed HMO, or for being an immediate landlord or licensor of a person occupying an unlicensed HMO. Subsection (4B) provides that, in relation to superior landlords and licensors, defences are that: they did not know and had a reasonable excuse for not knowing that the building was an HMO; that they took all reasonably practicable steps to ensure that the HMO was licensed; or had some other reasonable excuse for failing to ensure that it was licensed.
	New subsection (4C) provides that a term in a tenancy agreement between a superior and an immediate landlord relating to the occupation of the building or part of the building as an HMO will not by itself establish any of the defences listed in subsection (4B). The purpose is to ensure that the First-tier Tribunal does not refuse a rent repayment order application against a superior landlord solely based on the existence of a term in their tenancy agreement with the immediate landlord, and instead considers the wider circumstances – for example, whether the superior landlord has taken proactive steps to make sure the term in the agreement has been complied with.
	Subsection (4) makes a consequential amendment to subsection (5) of section 72 of the Housing Act 2004 to reflect that defences for failing to licence an HMO are now set out in new subsections (4A) and (4B). The defences in subsection (4) also continue to apply.
	Subsections (5) to (8) mirror subsections (1) to (4) for properties subject to selective licensing.
Part 4: Enforcement Chapter 1 – Sanctions Section 105: Unlicensed HMOs and houses: offences Effect