The general conditions for service of an improvement notice in respect of a dwelling are that the dwelling—
(a)is without one or more of the standard amenities (whether or not it is also in a state of disrepair),
(b)is capable at reasonable expense of improvement to the full standard or, failing that, to the reduced standard, and
(c)was provided (by erection or by the conversion or a building already in existence) before 3rd October 1961.
(1)The local housing authority may serve a provisional notice on the person having control of a dwelling in—
(a)general improvement area, or
(b)housing action area,
if it appears to the authority that the general conditions for service of an improvement notice are met, but subject to subsection (2) if the dwelling is owner-occupied.
(2)The authority may only serve a provisional notice in respect of a dwelling which is owner-occupied if it appears to them that the circumstances are such that it is not reasonably practicable for another dwelling—
(a)which is in the same building as, or is adjacent to, the owner-occupied dwelling, and
(b)which is not owner-occupied or in respect of which an application for an improvement grant, intermediate grant, special grant or repairs grant has been approved,
to be improved to the full standard or, as the case may be, to the reduced standard without effecting the improvement to one of those standards of the owner-occupied dwelling.
(1)In any case where an improvement notice has not yet been served in respect of a dwelling falling within section 210 (certain dwellings in general improvement areas or housing action areas), the local housing authority may accept an undertaking from—
(a)the person having control of the dwelling, or
(b)any other person having an estate or interest in the dwelling.
to improve the dwelling to the full standard or, if in the opinion of the authority it is not practicable at reasonable expense for the dwelling to be improved to the full standard, to the reduced standard.
(2)The undertaking shall be in writing and shall specify the works agreed to be carried out and the period, being a period ending not more than nine months after the date on which the undertaking is accepted, within which the works are to be carried out.
(3)Before accepting an undertaking, the authority shall satisfy themselves that, if there is an occupying tenant—
(a)the housing arrangements are satisfactory or none are required, and
(b)the undertaking incorporates the written consent of the occupying tenant signed by him to the carrying out of the works specified in the undertaking.
and that the person giving the undertaking has a right to carry out the works specified in the undertaking as against all other persons having an estate or interest in the dwelling.
(4)Where the authority accept an undertaking, they shall serve a notice to that effect on the person by whom the undertaking was given and shall not thereafter serve an improvement notice with respect to that dwelling unless—
(a)the works specified in the undertaking are not carried out within the period so specified or such longer period as the authority may in writing allow, or
(b)the authority are satisfied that, owing to a change of circumstances since the undertaking was accepted by them, the undertaking is unlikely to be fulfilled.
(5)An authority who have accepted an undertaking may discharge it by serving notice of the discharge on the person by whom the undertaking was given, and they shall do so if at any time they consider that the general conditions for service of an improvement notice in respect of the dwelling are no longer met.
(6)Where an authority serve a notice under subsection (4) or (5) on the person by whom an undertaking was given, they shall at the same time serve a copy of the notice on the person (if any) who is the occupying tenant of the dwelling at that time and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.
(1)An occupying tenant of a dwelling which—
(a)is not in a general improvement area or a housing action area, and
(b)is without one or more of the standard amenities (whether or not it is also in a state of disrepair), and
(c)was provided (by erection or by the conversion of a building already in existence) before 3rd October 1961.
may make representations in writing to the local housing authority with a view to the exercise by the authority of their powers under this section.
(2)The authority shall notify the person having control of the dwelling of any such representations made to them.
(3)If on taking the representations into consideration the authority are satisfied that—
(a)the person making the representations is an occupying tenant of the dwelling in question,
(b)the general conditions for service of an improvement notice are met, and
(c)the dwelling ought to be improved to the full standard or, as the case may be, to the reduced standard and is unlikely to be so improved unless they exercise their powers under this section,
they shall either serve a provisional notice on the person having control of the dwelling or notify the occupying tenant of their decision not to do so and give him a written statement of their reasons for that decision.
(4)The authority may serve a provisional notice under this section and take any further steps authorised under the following provisions of this Part notwithstanding that—
(a)the occupying tenant quits the dwelling, or
(b)the authority pass a resolution declaring an area in which the dwelling is situated to be a general improvement area or housing action area.
(1)A provisional notice is a notice—
(a)specifying the works which in the opinion of the local housing authority are required for the dwelling to be improved to the full standard or, as the case may be, to the reduced standard, and
(b)stating a date, not less than 21 days after the service of the notice, and time and place at which the authority’s proposals for the carrying out of the works, any alternative proposals, any proposed housing arrangements, the views and interests of any occupying tenant and any other matters may be discussed.
(2)The authority shall, not less than 21 days before the date so stated, in addition to serving the notice on the person having control of the dwelling, serve a copy of the notice on—
(a)any occupying tenant of the dwelling, and
(b)every other person who to the knowledge of the authority is an owner, lessee or mortgagee of the dwelling.
(3)The person having control of the dwelling, any occupying tenant and every other person who is an owner, lessee or mortgagee of the dwelling are entitled to be heard when the authority’s proposals are discussed in accordance with the notice.
(4)After the service of a provisional notice and before taking any other action under the following provisions of this Part, the authority shall take into consideration all representations made on or before the occasion when their proposals with respect to the dwelling are discussed in accordance with the notice, and in particular any representations with respect to the nature of the works proposed by them for improving the dwelling or with respect to any proposed housing arrangements.
(1)If a local housing authority have served a provisional notice in respect of a dwelling under section 210(1) (dwellings in general improvement area or housing action area) and—
(a)no undertaking has yet been accepted in respect of the dwelling under section 211, or
(b)such an undertaking has been accepted but the case falls within subsection (4)(a) or (b) of that section (undertaking not carried out within allotted period or unlikely to be fulfilled),
the authority may, subject to the following provisions of this section, serve an improvement notice on the person having control of the dwelling.
(2)Before serving an improvement notice under this section the authority shall satisfy themselves—
(a)that the dwelling continues to be in a general improvement area or a housing action area,
(b)that the general conditions for service of an improvement notice in respect of the dwelling are still met,
(c)that the dwelling is not for the time being owner-occupied or that the circumstances specified in section 210(2) apply or still apply in relation to it (circumstances in which provisional order may be served in respect of owner-occupied dwelling), and
(d)that, if there is an occupying tenant, the housing arrangements are satisfactory or none are required or the tenant has unreasonably refused to enter into any such arrangements.
(3)An improvement notice may not be served—
(a)by virtue of subsection (1)(a) (no undertaking accepted) more than nine months after the service of the provisional notice, or
(b)by virtue of subsection (1)(b) (undertaking not fulfilled) more than six months after the expiry of the period specified in the undertaking, or such longer period as has been duly allowed by the authority, for the completion of the works.
(4)Where an authority serve an improvement notice under this section on the person having control of a dwelling, they shall at the time serve a copy of the notice on any occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling,
(5)An improvement notice served under this section is a local land charge.
(1)Where the local housing authority have served a provisional notice in respect of a dwelling under section 212(1) (dwelling not in general improvement area or housing action area), they may, at any time before the expiry of the period of twelve months beginning with the date on which the representations of the occupying tenant were received by them under that section, serve an improvement notice on the person having control of the dwelling.
(2)Before serving an improvement notice under this section the authority shall satisfy themselves that—
(a)the general conditions for service of an improvement notice in respect of the dwelling are still met,
(b)the dwelling ought to be improved to the full standard or, as the case may be, to the reduced standard and is unlikely to be so improved unless the authority exercise their compulsory improvement powers, and
(c)the housing arrangements are satisfactory or none are required or the occupying tenant has unreasonably refused to enter into any housing arrangements.
(3)Where an authority serve an improvement notice under this section on the person having control of a dwelling, they shall at the same time serve a copy of the notice on any occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.
(4)An improvement notice served under this section is a local land charge.
(1)An improvement notice shall—
(a)specify the works which in the opinion of the local housing authority are required to improve the dwelling to the full standard or, as the case may be, to the reduced standard,
(b)state the authority’s estimate of the cost of carrying out the works, and
(c)require the person having control of the dwelling to carry out the works to the authority’s satisfaction within the period of twelve months beginning with the date on which the notice becomes operative or such longer period as the authority may by permission in writing from time to time allow.
(2)The works specified in the improvement notice may be different from the works specified in the provisional notice but shall not require the improvement of a dwelling to the full standard if the provisional notice specified works for improving the dwelling only to the reduced standard.
(3)In an improvement notice which requires the improvement of a dwelling only to the reduced standard the authority may, if they think fit, substitute for the period of twelve months specified in subsection (1)(c) such shorter period as appears to them to be appropriate.
(1)Within six weeks from the service of an improvement notice on the person having control of the dwelling—
(a)that person,
(b)any occupying tenant of the dwelling, or
(c)any other person having an estate or interest in the dwelling,
may appeal against the notice to the county court.
(2)The grounds on which an appeal may be brought by any of those persons are—
(a)that it is not practicable to comply with the requirements of the notice at reasonable expense;
(b)that the local housing authority have refused unreasonably to approve the execution of alternative works, or that the works specified in the notice are otherwise unreasonable in character or extent;
(c)that the dwelling is in a clearance area and it would be unreasonable for the authority to require the works specified in the notice to be carried out;
(d)that the dwelling is not, or is no longer, without one or more of the standard amenities;
(e)that, in a case where the notice requires the improvement of the dwelling to the full standard, the works specified in the notice are inadequate to secure that the dwelling will attain that standard;
(f)that some person other than the appellant will, as the holder of an estate or interest in the dwelling (whether or not that estate or interest entitles him to occupation), derive a benefit from the execution of the works and ought to pay the whole or part of the cost of executing the works;
(g)that the notice is invalid on the ground that a requirement of this Part has not been complied with or on the ground of some informality, defect or error in or in connection with the notice.
(3)An appeal may also be brought—
(a)by an owner-occupier on the ground that the local housing authority are in error in considering that the circumstances specified in section 210(2) (circumstances in which notice may be served in respect of owner-occupied dwelling) exist in relation to the dwelling;
(b)by an occupying tenant on the ground that the condition in section 214(2)(d) or 215(2)(c) (housing arrangements) is not fulfilled.
(4)An improvement notice shall not be varied on appeal—
(a)so as to extend the period within which the works specified in the notice are to be carried out, or
(b)so as to require the carrying out of works to improve a dwelling to the full standard if the works specified in the notice were works to improve the dwelling to the reduced standard, or
(c)so as to require the carrying out of works to improve a dwelling to the reduced standard if the works specified in the notice were works to improve the dwelling to the full standard;
but, subject to that, on an appeal the court may make such order either confirming, quashing or varying the improvement notice as the court thinks fit.
(5)Where an appeal is brought on the ground specified in subsection (2)(f) (other person benefiting from execution of works), the court may make such order as it thinks fit with respect to the payment to be made by the other person referred to in that paragraph to the appellant or, where by virtue of section 220 the works are carried out by the local housing authority, to the authority.
(6)In so far as an appeal is based on the ground that the improvement notice is invalid, the court shall confirm the notice unless satisfied that the interests of the appellant have been substantially prejudiced by the facts relied on by him.
(1)If no appeal is brought an improvement notice becomes operative at the expiration of the period within which an appeal might have been brought.
(2)If an appeal is brought, an improvement notice becomes operative, if and so far as it is confirmed by the county court on appeal or on appeal from the county court, on the final determination of the appeal.
(3)For the purposes of subsection (2) the withdrawal of an appeal shall be deemed to be the final determination thereof, having the like effect as a decision confirming the notice or the decision appealed against .
(4)An improvement notice is, subject to the right of appeal conferred by section 217, final and conclusive as to matters which could have been raised on such an appeal.
(1)The local housing authority may, if they think fit, at any time withdraw an improvement notice by serving notice of the withdrawal on the person having control of the dwelling.
(2)The authority shall serve a copy of any such notice on the occupier of the dwelling (if different from the person having control of it) and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.
(1)If the works to be carried out in compliance with an improvement notice have not been carried out in whole or in part within the period for compliance, the local housing authority may themselves carry out so much of the works as has not been completed.
(2)If before the expiry of the period for compliance the person who is for the time being the person having control of the dwelling notifies the local housing authority in writing that he does not intend, or is unable to do the works in question, the authority may, if they think fit, do the works before the expiry of that period.
(3)If the local housing authority have reason to believe that the person who is for the time being the person having control of the dwelling does not intend or is unable to do the works in question in compliance with the notice—
(a)they may before the expiry of the period for compliance, but not earlier than six months after the date on which the notice becomes operative, serve on him a notice requiring him to furnish them, within 21 days of the service of the notice, with evidence of his intentions with respect to the carrying out of the works, and
(b)if, from evidence so furnished to them or otherwise, the authority are not satisfied that that person intends to carry out the works in compliance with the notice, they may, if they think fit, do the works before the expiry of the period for compliance.
(4)Not less than 21 days before beginning to do the works the local housing authority shall serve notice of their intention on the occupier of the dwelling, the person having control of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.
(5)in this section the “period for compliance” with an improvement notice is the period specified in the notice or such longer period as the local housing authority may by permission in writing have allowed.
(6)The provisions of Schedule 10 apply with respect to the recovery by the local housing authority of expenses incurred by them under this section.
(1)If a person, after receiving an improvement notice or a copy of an improvement notice—
(a)being the occupier of the 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 the 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.
(1)A person authorised by the local housing authority 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 with a view to ascertaining whether the requirements of an improvement notice served, or undertaking accepted, under this Part has been complied with
(2)An authorisation for the purposes of this section shall be in writing stating the particular purpose for which the entry is authorised.
(1)It is a summary offence to obstruct a person authorised in pursuance of section 222 to enter premises in the performance of anything which he is required or authorised under that section 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.
(1)The person having control of any premises which consist of or include—
(a)a dwelling in a general improvement area or housing action area which is without all or any of the standard amenities, or
(b)a dwelling in respect of which representations have been made by an occupying tenant under section 212 (representations to local housing authority with view to exercise of compulsory improvement powers),
has, as against the occupying tenant of the dwelling and any other person having an estate or interest in the premises, the right to enter the premises in order to carry out any survey or examination required with a view to providing the dwelling with any of the standard amenities and, where appropriate, of putting it in good repair (disregarding internal decorative repair) having regard to its age and character and the locality in which it is situated.
(2)On and after the date on which an improvement notice becomes operative, the person having control of the dwelling has the right, as against any occupying tenant of the dwelling and any other person having an estate or interest in the premises which consist of or include the dwelling, to take any reasonable steps for the purpose of complying with the improvement notice.
(3)A person bound by an undertaking accepted under this Part has the right as against any occupying tenant of the dwelling to take any reasonable steps for the purpose of complying with the undertaking.
(4)The carrying out of works in pursuance of an improvement notice or an undertaking accepted under this part shall not give rise to any liability on the part of a lessee to reinstate any premises at any time in the condition in which they were before the works were carried out, or to any liability for failure so to reinstate the premises.
(1)The local housing authority may by agreement with a person having control of a dwelling or any other person having an estate or interest in a dwelling execute at his expense any works which he is required to carry out in the dwelling in pursuance of an improvement notice served or undertaking accepted under this Part.
(2)For that purpose the authority have all such rights as that person would have as against any occupying tenant of the dwelling and any other person having an interest in the dwelling.
Where under this Part a local housing authority are required to serve a copy of a notice on any person who, to their knowledge, is an owner, lessee or mortgagee of a dwelling, any person having an estate or interest in the dwelling who is not served with a copy of the notice is entitled, on application in writing to the authority, to obtain a copy of the notice.
(1)Where a local housing authority have served an improvement notice, the person having control of the dwelling may, by notice in writing served on the the authority at any time within the period of six months beginning with the date on which the improvement notice becomes operative, require the authority to purchase his interest in the dwelling in accordance with this section.
(2)Where the person having control of a dwelling serves a notice on the authority under subsection (1), the authority shall be deemed—
(a)to be authorised under and for the purposes of Part II (provision of housing) to acquire his interest in the dwelling compulsorily, and
(b)to have served a notice to treat in respect of that interest on the date of the service of the notice under subsection (1);
and the power conferred by section 31 of the [1961 c. 33.] Land Compensation Act 1961 to withdraw a notice to treat is not exercisable in the case of a notice to treat deemed to have been so served.
(3)Within 21 days of the receipt of a notice under subsection (1) served by the person having control of a dwelling, the local housing authority shall notify every other person who, to their knowledge, is an owner, lessee or mortgagee of the dwelling or who is the occupier of it.
(1)If a person who is liable—
(a)to incur expenditure in complying with an improvement notice served, or undertaking accepted, under this Part, or
(b)to make a payment as directed by a court under section 217(5) (contribution from third party deriving benefit from execution of works),
applies to the local housing authority for a loan, the authority shall, subject to the following provisions of this section, offer to enter into a contract with him for a loan by them to be secured by a mortgage of his interest in the dwelling concerned.
(2)The application shall be made in writing within the period of three months beginning with the date on which the improvement notice becomes operative or the undertaking is accepted or the payment is to be made as directed by the court, or such longer period as the authority by permission given in writing may allow.
(3)The authority shall not make an offer unless they are satisfied that the applicant can reasonably be expected to meet the obligations assumed by him in pursuance of this section in respect of the loan; and if the authority are not so satisfied as regards a loan of the amount applied for, they may, if they think fit, offer a loan of a smaller amount as regards which they are so satisfied.
(4)The authority shall not make an offer unless they are satisfied—
(a)that the applicant’s interest in the dwelling concerned is an estate in fee simple absolute in possession or an estate for a term of years which will not expire before the date for final repayment of the loan, and
(b)that, according to a valuation made on their behalf, the amount of the principal of the loan does not exceed the value which it is estimated that the mortgaged security will bear after improvement of the dwelling to the full standard or, as the case may be, to the reduced standard.
(5)The contract shall contain a condition to the effect that if—
(a)an improvement grant or intermediate grant become payable in respect of the expenditure in question, or
(b)such a grant becomes payable partly in respect of that expenditure and partly in respect of other expenditure or another payment,
the authority shall not be required to lend more than the amount of the expenditure or payment remaining after deducting the grant or, as the case may be, that part of the grant which in the opinion of the authority is attributable to that expenditure or payment.
(6)The contract offered by the authority shall require proof of title and contain such other reasonable terms as the authority may specify in their offer, and in particular may provide for the advance to be made by instalments as the works progress.
(7)The rate of interest payable on the loan shall be such as the Secretary of State may direct, either generally or in any particular case; and the Secretary of State may, if he thinks fit, give directions, either generally or in any particular case, as to the time within which a loan under this section, or any part of such a loan, is to be repaid.
(1)Where the person having control of a dwelling has completed in respect of the dwelling works required to be executed by an improvement 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 applicant 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 person named in the order, his executors, administrators or assigns.
(5)A person aggrieved by a charging order may, within 21 days after notice of the order has been served on him, appeal to the county courtX; and where notice of such an 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.
(1)A charging order under section 229 shall be in such form as the Secretary of State may prescribe.
(2)The charge created by such a charging order shall be 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 200 (charge in favour of person executing works required by repair 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 229 and section 200 (the corresponding provision in relation to repair 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 229 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.
(1)Section 9 of the [1948 c. 63.] Agricultural Holdings Act 1948 (increase of rent for improvements carried out by landlord) applies to improvements carried out in compliance with an improvement notice or an undertaking accepted under this Part as it applies to improvements carried out at the request of the tenant; but where a tenant has contributed to the cost incurred by his landlord in carrying out the improvement, the increase in rent provided for by that section shall be reduced proportionately.
(2)Works carried out in compliance with an improvement notice or an undertaking accepted under this Part shall be included among the improvements specified in paragraph 8 of Schedule 3 to the [1948 c. 63.] Agricultural Holdings Act 1948 (tenant’s right to compensation for erection, alteration or enlargement of buildings); but subject to the power conferred by section 78 of that Act to amend that Schedule.
(3)Section 49 of the Agricultural Holdings Act 1948 (tenant’s right to compensation conditional on landlord consenting to the carrying out of the improvements) does not apply to works carried out in compliance with an improvement notice or an undertaking accepted under this Part.
(4)Where a person other than the tenant claiming compensation has contributed to the cost of carrying out works in compliance with an improvement notice or an undertaking accepted under this Part, compensation in respect of the works, as assessed under section 48 of the Agricultural Holdings Act 1948, shall be reduced proportionately.
(1)No provisional notice or improvement notice may be served in respect of a dwelling in which there is a Crown or Duchy interest except with the consent of the appropriate authority; but if that consent is given this Part applies as to a dwelling in which there is no such interest.
(2)No provisional notice or improvement notice may be served in respect of a dwelling if the person having control of the dwelling is—
a local authority,
a new town corporation,
the Development Board for Rural Wales,
the Housing Corporation,
a registered housing association, or
a housing trust which is a charity.
(3)If after a provisional notice or improvement notice has been served in respect of a dwelling—
(a)in the case of a dwelling in which there is a Crown or Duchy interest, the appropriate authority becomes the person having control of the dwelling, or
(b)any such body as is mentioned in subsection (2) becomes the person having control of the dwelling,
the notice, and any undertaking accepted under this Part with respect to the dwelling, shall cease to have effect.
(4)Where an improvement notice ceases to have effect by virtue of subsection (3), the body which or person who has become the person having control of the dwelling shall notify the officer who registered the notice in the register of local land charges and furnish him with all information required by him for the purpose of cancelling the registration.
(5)In this section “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, and “the appropriate authority” means—
(a)in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;
(b)in relation to land belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate, the government department having the management of the land;
(c)in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
(d)in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints,
(e)in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;
and if any question arises as to what authority is the appropriate authority in relation to any land, the question shall be referred to the Treasury whose decision shall be final.
(6)In this section “local authority” includes—
a parish or community council,
the trustees of the Honourable Society of the Inner Temple,
the trustees of the Honourable Society of the Middle Temple, and
the police authority for any police area,
and any joint board or joint committee all the constituent members of which are local authorities for the purposes of this section.
If, after an undertaking has been accepted under this Part in respect of a dwelling or an improvement notice has been served in respect of a dwelling under section 214 (dwelling in general improvement area or housing action area)—
(a)the general improvement area or housing action area in which the dwelling is situated ceases to be such an area, or
(b)the land on which the dwelling is situated is excluded from such an area,
the provisions of this Part continue to apply in relation to the undertaking or notice as if the dwelling continued to be in a general improvement area or housing action area declared by the authority by whom the undertaking was accepted or the notice served.
(1)For the purposes of this Part a dwelling shall be taken to attain the full standard if the following conditions are met—
(a)it is provided with all the standard amenities for the exclusive use of its occupants;
(b)it is in reasonable repair (disregarding the state of internal decorative repair) having regard to its age and character and the locality in which it is situated;
(c)it conforms with such requirements with respect to thermal insulation as may be specified by the Secretary of State for the purposes of this section;
(d)it is in all other respects fit for human habitation;
(e)it is likely to be available for use as a dwelling for a period of 15 years or such other period as may be specified by the Secretary of State for the purposes of this section.
(2)The local housing authority may (subject to subsection (3)) dispense wholly or in part with any of the conditions in subsection (1), and a dwelling shall be taken to attain the reduced standard if those conditions are met so far as not dispensed with.
(3)The authority shall not dispense with the condition specified in subsection (1)(a) (standard amenities) where they are satisfied that the dwelling is, or forms part of, a house or building in respect of which they could by notice under section 352 (houses in multiple occupation: power to require execution of works to render premises fit for number of occupants) require the execution of such works as are referred to in that section.
In this Part “housing arrangements” means arrangements—
(a)making provision for the housing of an occupying tenant of a dwelling and his household during the period when improvement works are being carried out, or after the completion of the works, or during that period and after completion of the works (and for any incidental or ancillary matters), and
(b)contained in a written agreement to which the occupying tenant and either his landlord or the local housing authority, or both, are parties.
(1)References in this Part to the person having control of a dwelling shall be construed as follows—
(a)if the dwelling is owner-occupied, the person having control of it is the owner-occupier;
(b)if there is an occupying tenant of the dwelling who is a person employed in agriculture (as defined in section 17(1) of the [1948 c. 47.] Agricultural Wages Act 1948) and who occupies or resides in the dwelling as part of the terms of his employment, the person having control of the dwelling is the employer or other person by whose authority the occuping tenant occupies or resides in the dwelling;
(c)in any other case, the person having control of the dwelling is the person who is either the owner of it or the lessee of it under a long tenancy and whose interest in the dwelling is not in reversion on that of another person who has a long tenancy.
(2)In this Part “occupying tenant”, in relation to a dwelling, means a person (other than an owner-occupier) who—
(a)occupies or is entitled to occupy the dwelling as a lessee; or
(b)is a statutory tenant of the dwelling; or
(c)occupies the dwelling as a residence under a restricted contract; or
(d)is employed in agriculture (as defined in section 17(1) of the Agricultural Wages Act 1948) and occupies or resides in the dwelling as part of his terms of employment.
In this Part—
“dwelling” means a building or part of a bulding occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;
“improvement” includes alteration and enlargement and, so far as also necessary to enable a dwelling to reach the full standard or the reduced standard, repair, and “improved” shall be construed accordingly;
“long tenancy” has the same meaning as in Part I of the [1967 c. 88.] Leasehold Reform Act 1967;
“owner”, in relation to a dwelling, means the person who otherwise than as a mortgagee in possession, is for the time being entitled to dispose of the fee simple in the dwelling;
“owner-occupier”, in relation to a dwelling, means the person who, as owner or as lessee under a long tenancy, occupies or is entitled to occupy the dwelling, and “owner-occupied” shall be construed accordingly;
“standard amenities” has the same meaning as in Part XV (improvement grants, &c.).
The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in ths same section or paragraph):—
| charity | section 622 |
| clearance area | section 289(1) |
| dwelling | section 237 |
| full standard | section 234(1) |
| general conditions for service of improvement notice | section 209 |
| general improvement area | section 253 |
| housing action area | section 239 |
| housing arrangements | section 235 |
| housing association | section 5(1) |
| housing trust | section 6 |
| improvement (and improved) | section 237 |
| improvement notice | section 216 |
| lessee | section 621 |
| local authority | section 4(e) |
| local housing authority | sections 1, 2(2) |
| long tenancy | section 237 |
| new town corporation | section (4)(b) |
| occupying tenant | section 236(2) |
| owner | section 237 |
| owner-occupier (and owner-occupied) | section 237 |
| person having control | section 236(1) |
| provisional notice | section 213 |
| reduced standard | section 234 |
| registered (in relation to a housing association) | section 5(4) |
| restricted contract | section 622 |
| standard amenities | sections 237 and 508 |
| standard scale (in reference to the maximum fine on summary conviction) | section 622 |
| statutory tenant | section 622 |