[2023] UKUT 263 (LC)

Regulations made under section 234 of the 2004 Act include the Licensing and Management of Houses in Multiple Occupation (Additional Provisions) (England) Regulations 2007, of which regulation 5 requires the person managing a house in multiple occupation (an “HMO”) to put in place certain safety measures, regulation 8 is about the maintenance of the common parts and regulation 9 is about the maintenance of living accommodation. Section 234 provides that it is an offence to fail to comply with a regulation made under that section, and section 234(4) provides a defence of reasonable excuse for failure to comply.