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Housing Act 1988

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This is the original version (as it was originally enacted).

1(1)In section 189 (repair notice in respect of unfit house), in subsection (1)—

(a)at the beginning there shall be inserted the words “Subject to subsection (1A)”; and

(b)for the word “house”, in each place where it occurs, there shall be substituted “dwelling-house”.

(2)At the end of subsection (1) of that section there shall be inserted the following subsection—

(1A)Where the local housing authority are satisfied that a dwelling-house which is a flat is unfit for human habitation by reason of the defective condition of a part of the building outside the flat, they shall serve a repair notice on the person having control of that part of the building, unless they are satisfied that the works which would be required to that part are such that the flat is not capable of being rendered so fit at reasonable expense.

(3)In subsection (2) of that section—

(a)in paragraph (a) for the words from “within such reasonable time” onwards there shall be substituted the words “and to begin those works not later than such reasonable date, being not earlier than the seventh day after the notice becomes operative, as is specified in the notice and to complete those works within such reasonable time as is so specified, and”; and

(b)in paragraph (b) for the word “house” there shall be substituted “dwelling-house”.

(4)In subsection (3) of that section for the words “the house”, in each place where they occur, there shall be substituted “the dwelling-house or part of the building concerned”, for the word “may” there shall be substituted “shall” and for the words “lessee or otherwise” there shall be substituted “or lessee”.

(5)At the end of that section there shall be added the following subsection—

(5)A repair notice under this section which has become operative is a local land charge.

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