Housing Act 1985

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.