Housing Act 1985

[F1 348 Control provisions: decisions on applications and appeals. E+W

(1) Control provisions may enable the local housing authority, on an application for first registration of a house or a renewal or variation of registration—

(a) to refuse the application on the ground that the house is unsuitable and incapable of being made suitable for such occupation as would be permitted if the application were granted;

(b) to refuse the application on the ground that the person having control of the house or the person intended to be the person managing the house is not a fit and proper person;

(c) to require as a condition of granting the application that such works as will make the house suitable for such occupation as would be permitted if the application were granted are executed within such time as the authority may determine;

(d) to impose such conditions relating to the management of the house during the period of registration as the authority may determine.

(2) Control provisions shall provide that the local housing authority shall give an applicant a written statement of their reasons where they—

(a) refuse to grant his application for first registration or for a renewal or variation of registration,

(b) require the execution of works as a condition of granting such an application, or

(c) impose conditions relating to the management of the house.

(3) Where the local housing authority—

(a) notify an applicant that they refuse to grant his application for first registration or for the renewal or variation of a registration,

(b) notify an applicant that they require the execution of works as a condition of granting such an application,

(c) notify an applicant that they intend to impose conditions relating to the management of the house, or

(d) do not within five weeks of receiving the application, or such longer period as may be agreed in writing between the authority and the applicant, register the house or vary or renew the registration in accordance with the application,

the applicant may, within 21 days of being so notified or of the end of the period mentioned in paragraph (d), or such longer period as the authority may in writing allow, appeal to the county court.

(4) On appeal the court may confirm, reverse or vary the decision of the authority.

(5) Where the decision of the authority was a refusal—

(a) to grant an application for first registration of a house, or

(b) for the renewal or variation of the registration,

the court may direct the authority to grant the application as made or as varied in such manner as the court may direct.

(6) For the purposes of subsections (4) and (5) an appeal under subsection (3)(d) shall be treated as an appeal against a decision of the authority to refuse the application.

(7) Where the decision of the authority was to impose conditions relating to the management of the house, the court may direct the authority to grant the application without imposing the conditions or to impose the conditions as varied in such manner as the court may direct.]

Textual Amendments

F1 Ss. 348, 348A substituted (1.10.1996 for specified purposes otherwise 3.3.1997) for s. 348 by 1996 c. 52, s. 66 (with s. 70); S.I. 1996/2402, art. 4; S.I. 1997/350, art. 2