Housing Act 1985

PART VI REPAIR NOTICES

Repair Notices

189 Repair notice in respect of unfit house.

(1) Where the local housing authority are satisfied that a house is unfit for human habitation, they shall serve a repair notice on the person having control of the house, unless they are satisfied that the house is not capable of being rendered so fit at reasonable expense.

(2) A repair notice under this section shall—

(a) require the person on whom it is served to execute the works specified in the notice within such reasonable time, not being less than 21 days, as is specified in the notice, and

(b) state that in the opinion of the authority the works specified in the notice will render the house fit for human habitation.

(3) The authority, in addition to serving the notice on the person having control of the house, may serve a copy of the notice on any other person having an interest in the house, whether as freeholder, mortgagee, lessee or otherwise.

(4) The notice becomes operative, if no appeal is brought, on the expiration of 21 days from the date of the service of the notice and is final and conclusive as to matters which could have been raised on an appeal.

190 Repair notice in respect of house in state of disrepair but not unfit.

(1) Where the local housing authority—

(a) are satisfied that a house is in such a state of disrepair that, although not unfit for human habitation, substantial repairs are necessary to bring it up to a reasonable standard, having regard to its age, character and locality, or

(b) are satisfied on a representation made by an occupying tenant that a house is in such a state of disrepair that, although not unfit for human habitation, its condition is such as to interfere materially with the personal comfort of the occupying tenant,

they may serve a repair notice on the person having congrol of the house.

(2) A repair notice under this section shall require the person on whom it is served, within such reasonable time, not being less than 21 days, as is specified in the notice, to execute the works specified in the notice, not being works of internal decorative repair.

(3) The authority, in addition to serving the notice on the person having control of the house, may serve a copy of the notice on any other person having an interest in the house, whether as freeholder, mortgagee, lessee or otherwise.

(4) The notice becomes operative, if no appeal is brought, on the expiry of 21 days from the date of service of the notice and is final and conclusive as to matters which could have been raised on an appeal.

191 Appeals against repair notices.

(1) A person aggrieved by a repair notice may within 21 days after the date of service of the notice, appeal to the county court.

(2) On an appeal the court may make such order either confirming, quashing or varying the notice as it thinks fit.

(3) Where the appeal is allowed against a repair notice under section 189 (repair notice in respect of unfit house), the judge shall, if requested to do so by the local housing authority, include in his judgment a finding whether the house can or cannot be rendered fit for human habitation at a reasonable expense.

(4) If an appeal is brought the notice does not become operative until—

(a) a decision on the appeal confirming the notice (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or

(b) if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the notice (with or without variation);

and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the notice or decision appealed against.

192 Power to purchase house found on appeal to be unfit and beyond repair at reasonable expense.

(1) Where a person has appealed against a repair notice under section 189 (repair notice in respect of unfit house) and the court in allowing the appeal has found that the house cannot be rendered fit for human habitation at a reasonable expense, the local housing authority may purchase the house by agreement or be authorised by the Secretary of State to purchase it compulsorily.

(2) The Secretary of State shall not confirm an order for the compulsory purchase of a house under this section unless the order is submitted to him within six months after the determination of the appeal.

(3) If an owner or mortgagee of the house undertakes to carry out to the satisfaction of the Secretary of State, within such period as the Secretary of State may fix, the works specified in the notice against which the appeal was brought, the Secretary of State shall not confirm the compulsory purchase order unless that person has failed to fulfil his undertaking.

(4) If the local housing authority purchase the house compulsorily they shall forthwith execute all the works specified in the notice against which the appeal was brought.

Enforcement

193 Power of local housing authority to execute works.

(1) If a repair notice is not complied with the local housing authority may themselves do the work required to be done by the notice.

(2) For this purpose compliance with the notice means the completion of the works specified in the notice within—

(a) the period specified in the notice, or,

(b) if an appeal is brought against the notice, the period of 21 days, or such longer period as the court in determining the appeal may fix,

from the date on which the notice becomes operative.

(3) The provisions of Schedule 10 apply with respect to the recovery by the local housing authority of expenses incurred by them under this section.

194 Notice of authority’s intention to execute works.

(1) Where the local housing authority are about to enter upon a house under the provisions of section 193 for the purpose of doing any work, they may give notice in writing of their intention to do so to the person having control of the house and, if they think fit, to any owner of the house.

(2) If at any time after the expiration of seven days from the service of the notice on him and whilst any workman or contractor employed by the local housing authority is carrying out works in the house—

(a) the person on whom the notice was served is in the house for the purpose of carrying out any works, or

(b) any workman employed by him or by any contractor employed by him is in the house for such purpose,

the person on whom the notice was served shall be deemed for the purpose of section 198 (penalty for obstruction) to be obstructing the authority in the execution of this Part unless he shows that there was urgent necessity to carry out the works in order to obviate danger to occupants of the house.

195 Power of court to order occupier or owner to permit things to be done.

(1) If a person, after receiving notice of the intended action—

(a) being the occupier of premises, prevents the owner or person having control of the premises, or his officers, servants or agents, from carrying into effect with respect to the premises any of the provisions of this Part, or

(b) being the occupier, owner or person having control of premises, prevents an officer, servant or agent of the local housing authority from so doing,

a magistrates' court may order him to permit to be done on the premises all things requisite for carrying into effect those provisions.

(2) A person who fails to comply with an order of the court under this section commits a summary offence and is liable on conviction to a fine not exceeding £20 in respect of each day during which the failure continues.

196 Power of court to authorise owner to execute works on default of another owner.

(1) If it appears to a magistrates' court, on the application of an owner of premises in respect of which a repair notice has been served, that owing to the default of another owner of the premises in executing works required to be executed, the interests of the applicant will be prejudiced, the court may make an order empowering the applicant forthwith to enter on the premises and execute the works within a period fixed by the order.

(2) Where the court makes such an order, the court may, where it seems to the court just to do so, make a like order in favour of any other owner.

(3) Before an order is made under this section, notice of the application shall be given to the local housing authority.

197 Powers of entry.

(1) A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving 24 hours' notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of survey and examination—

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

(b) where a repair notice has been served in respect of the premises, or

(c) in the case of premises which the authority are authorised by this Part to purchase 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.

198 Penalty for obstruction.

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

(2) A person who commits such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale.

Provisions for protection of owner and others

199 Recovery by lessee of proportion of cost of works.

(1) A lessee of a house who, or whose agent, incurs expenditure—

(a) in complying with a repair notice, or

(b) in defraying expenses incurred by the local housing authority under section 193 (execution of works by authority),

may recover from the lessor under the lease such part (if any) of the expenditure as may be agreed between the parties or, in default of agreement, is determined by the county court to be just.

(2) The county court in making the determination shall have regard in particular to—

(a) the obligations of the lessor and the lessee under the lease with respect to the repair of the house,

(b) the length of the unexpired term of the lease, and

(c) the rent payable under the lease.

(3) Where a person from whom a sum is recoverable under this section is himself a lessee of the house, the provisions of this section apply to that sum as they apply to expenditure of the kind mentioned in subsection (1).

(4) This section does not apply to expenditure in respect of which a charging order is in force under section 200 (charging order in favour of owner executing works) or in respect of which an application for such an order is pending.

200 Charging order in favour of owner executing works.

(1) Where an owner has completed, in respect of a house, works required to be executed by a repair notice, he may apply to the local housing authority for a charging order.

(2) An applicant for a charging order shall produce to the authority—

(a) the certificate of the proper officer of the authority that the works have been executed to his satisfaction, and

(b) the accounts of and vouchers for the expenses of the works.

(3) The authority, when satisfied that the owner has duly executed the required works and of the amount of the expenses, shall make an order accordingly charging on the premises an annuity to repay that amount together with the amount of the costs properly incurred in obtaining the charging order.

(4) The annuity charged shall be at the rate of £6 for every £100 of the aggregate amount charged, shall commence from the date of the order and shall be payable for a term of 30 years to the owner named in the order, his executors, administrators or assigns.

(5) A person aggrieved by the charging order may, within 21 days after notice of the order has been served upon him, appeal to the county courtX; and where notice of appeal has been given no proceedings shall be taken under the order until the appeal is determined or ceases to be prosecuted.

(6) The proper officer of the local housing authority shall file and record copies, certified by him to be true copies, of any charging order made under this section, the certificate given under subsection (2)(a) and the accounts as passed by the authority.

201 Form, effect, &c. of charging orders.

(1) A charging order under section 200 shall be in such form as the Secretary of State may prescribe.

(2) The charge created by such a charging order is a charge on the premises specified in the order having priority over all existing and future estates, interests and incumbrances, with the exception of—

(a) charges under section 229 (charge in favour of person executing works required by improvement notice);

(b) tithe rentcharge;

(c) charges within section 1(1)(a) of the [1975 c. 76.] Local Land Charges Act 1975 (statutory charges in favour of public authorities); and

(d) charges created under any Act authorising advances of public money.

(3) Charges under section 200 and section 229 (the corresponding provision in relation to improvement notices) take order as between themselves according to their respective dates.

(4) The annuity created by a charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge granted by deed out of the premises by the owner of the premises.

(5) The benefit of the charge may be from time to time transferred in like manner as a mortgage or rentcharge may be transferred, and the transfer shall be in such form as the Secretary of State may (prescribe.

(6) An owner of, or other person interested in, premises on which an annuity has been charged by a charging order under section 200 may at any time redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement, determined by the Secretary of State.

202 Owner not in receipt of rents, &c. to receive notice of proceedings.

If an owner of premises who is not the person in receipt of the rents and profits gives notice to the local housing authority of his interest in the premises, the authority shall give him notice of any proceedings taken by them in pursuance of this Part.

203 Saving for rights arising from breach of covenant, &c.

(1) Nothing in this Part prejudices or interferes with the rights or remedies of an owner for breach of any covenant or contract entered into by a lessee in reference to premises in respect of which a repair notice is served.

(2) If an owner is obliged to take possession of premises in order to comply with a repair notice the taking possession does not affect his right to avail himself of any such breach which occurred before he took possession.

(3) No action taken under this Part prejudices or affects any remedy available to the tenant of a house against his landlord, either at common law or otherwise.

204 Effect of approved proposals for re-development.

Where the local housing authority have under section 308 (owner’s re-development proposals) approved proposals for the re-development of land, no action shall be taken in relation to the land under this Part if and so long as the re-development is being proceeded with in accordance with the proposals and within the time limits specified by the authority, subject to any variation or extension approved by the authority.

Supplementary provisions

205 Application of provisions to parts of buildings and temporary or movable structures.

The local housing authority may take the like proceedings under this Part in relation to—

(a) any part of a building which is used, or is suitable for use as, a dwelling, or

(b) a hut, tent, caravan or other temporary or movable structure which is used for human habitation and has been in the same enclosure for a period of two years next before action is taken,

as they are empowered to take in relation to a house.

206 Repair at reasonable expense.

In determining for the purposes of this Part whether premises can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render them so fit and the value which it is estimated they will have when the works are completed.

207 Minor definitions.

In this Part—

• “house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

• “occupying tenant” has the same meaning, in relation to a dwelling which consists of, or forms part of, the house concerned, as it has in Part VII (improvement notices);

• “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 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;

• “person having control”, in relation to premises, means the person who receives the rack-rent of the premises (that is to say, a rent which is not less than 2/3rds of the full net annual value of the premises), whether on his own account or as agent or trustee for another person, or who would so receive it if the house were let at such a rack-rent.

208 Index of defined expressions: Part VI.

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):—

district (of a local housing authority)	section 2(1)
fit for human habitation	section 604
house	sections 205 and 207
lease, lessee and lessor	section 621
local housing authority	section 1, 2(2)
occupying tenant	sections 207, 236(2)
owner	section 207
person having control	section 207
reasonable expense (in relation to repair)	section 206
repair notice	sections 189 and 190
standard scale (in reference to the maximum fine on summary conviction)	section 622
unfit for human habitation	section 604