Housing Act 1985

Supplementary provisions E+W

319 Powers of entry. E+W

(1) A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving [F1 seven days] notice of his intention to the occupier, and to the owner if the owner is known, enter premises—

(a) for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises; or

(b) for the purpose of survey and examination where a demolition or closing order, or an obstructive building order, has been made in respect of the premises; or

(c) for the purpose of survey or valuation where the authority are authorised by this Part to purchase the premises compulsorily.

(2) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised [F2 and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf].

Textual Amendments

F1 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 39(1)

F2 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 39(2)

320 Penalty for obstruction. E+W

(1) It is a summary offence [F3 intentionally] to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

(2) A person committing such an offence is liable on conviction to a fine not exceeding [F4 level 3] on the standard scale.

Textual Amendments

F3 Word inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 40(1)

F4 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 40(2)

321 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W

Textual Amendments

F5 S. 321 repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(b), 194(4), Sch. 9 Pt. II para. 41, Sch. 12 Pt. II

322 Minor definitions. E+W

In this Part—

• [F6 “dwelling-house” and “flat”, except in the expression “flat in multiple occupation”, shall be construed in accordance with subsection (2) and “the building”, in relation to a flat, means the building containing the flat;]

• [F6 “house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI]

• “owner”, in relation to premises—

(a) means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and

(b) includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

• [F8 “premises”, in relation to a demolition or closing order, means the dwelling-house, house in multiple occupation, building or part of a building in respect of which the closing order or, as the case may be, demolition order is made.]

[F9 (2) For the purposes of this Part, “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.

(3) Except where the context otherwise requires, any reference in this Part (other than this section) to a flat is a reference to a dwelling-house which is a flat or to a flat in multiple occupation.]

Textual Amendments

F6 Definitions substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 42(a)

F7 Definition repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 42(b), Sch. 12 Pt. II

F8 Definition added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 42(c)

F9 S. 322(2)(3) added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 42(c)

323 Index of defined expressions: Part IX. E+W

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

[F10 assured agricultural occupancy]	[F10 section 622]
[F10 assured tenancy]	[F10 section 622]
clearance area	section 289(1)
closing order	section 267(2)
demolition order	section 267(1)
district (of a local housing authority)	section 2(1)
[F11 dwelling house]	[F11 sections 266 and 322]
fit (or unfit) for human habitation	[F12 section 604]
. . . F13	. . . F13
[F11 flat]	[F11 section 322]
. . . F13	. . . F13
. . . F13	. . . F13
[F11 house in multiple occupation]	[F11 section 322]
. . . F13	. . . F13
lease, lessee and lessor	section 621
listed building	section 303
local housing authority	section 1, 2(2)
obstructive building	section 283
obstructive building order	section 284
owner (of premises)	section 322
. . . F13	. . . F13
[F11 premises]	[F11 section 322]
prescribed	section 614
reasonable expense	section 321
rehabilitation order	Schedule 11
the Rent Acts	section 622
. . . F13	. . . F13
. . . F13	. . . F13
standard scale (in reference to the maximum fine on summary conviction)	section 622
underground room	section 280
unfit (or fit) for human habitation	[F12 section 604]
. . . F13	. . . F13

Textual Amendments

F10 Entries inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 49

F11 Entries inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 43(c)

F12 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 43(b)

F13 Entries repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(b), 194(4), Sch. 9 Pt. II para. 43(a), Sch. 12 Pt. II