Please Note: This Article is 7 years old. This increases the likelihood that some or all of it's content is now outdated.

Home Information Packs – Do HIPS apply to Letting?

Here’s a potted summary of Part 5 of Housing Act 2004. All numbers relate to its sections.148: It applies to residential property in E&W (i.e. a single house/flat, inc. ancillary land) for occupation as dwelling (inc. if still being built).
149: Property is ‘on the market’ once its availability for sale is made public.
150: Defines “acting as estate agent.”
151-154: Set out rules re responsibility re marketing.
154-159: Impose duty (“Duty”) to have a HIP and provide it to prospective P.
160: Excepts, from Duty, a property not being sold with vacant possession.
161: Contemplates further exceptions from Duty.
162: Permits suspension of Duty.
163: Authorises Reulations (by SI) prescribing HIP contents.
164/165: HIP contents may include Home Condition Report, the only novel item. It was the EU’s foisting of this on the UK that induced HMG to add-on all the other gubbins unnecessarily. A Register of HCRs may be kept- bet that’s an excitig read.
166-170: Local authority can prosecute for breach of Duty; P can commission own HIP at cost of whoever should have complied with Duty.
171:If two or more units of sub-divided building are for sale together, the fact that part is not on sale individually is irrelevant as long as that part has vacant possession.
172-174: Authorise redress schemes which estate agents can be compelled to join.Note that HIPS apply only to sales, not lettings, although the equivalent of HCRs will soon apply to lettings.

Housing Act 2004
Home Information Pack Regulations 2006
JEFFREY SHAW, solicitor [and Topic Expert]
GOOD NEWS: for paid private professional advice, contact me using details on the “Topic Expert” page.
BAD NEWS: free public advice is believed accurate, but I accept no legal responsibility except to clients.
 
Note: never rely totally on these standard answers. Before taking action or not, always seek professional advice with the full facts of the case and all documents to hand. LandlordZONE.co.uk
Please Note: This Article is 7 years old. This increases the likelihood that some or all of it's content is now outdated.
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