Housing Act 1985

368 Means of escape from fire: power to secure that part of house not used for human habitation. E+W

(1) [F1 Subject to section 365] if it appears to the local housing authority that the means of escape from fire would be adequate if part of the house were not used for human habitation, they may secure that that part is not so used.

(2) For that purpose, the authority may, if after consultation with any owner or mortgagee they think fit to do so, accept an undertaking from him that that part will not be used for human habitation without the permission of the authority.

(3) A person who, knowing that such an undertaking has been accepted—

(a) uses the part of the house to which the undertaking relates in contravention of the undertaking, or

(b) permits that part of the house to be so used,

commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale; and if he so uses it or permits it to be so used after conviction, he commits a further summary offence and is liable on conviction to a fine not exceeding [F2 one-tenth of the amount corresponding to that level] for every day or part of a day on which he so uses it or permits it to be so used.

(4) If the local housing authority do not accept an undertaking under subsection (2) with respect to a part of a house, or where they have accepted such an undertaking and that part of the house is at any time used in contravention of the undertaking, the authority may make a closing order with respect to that part of the house.

(5) The provisions of Part IX apply to a closing order under subsection (4) as they apply to a closing order made under [F3 section 264], but with [F4 with the following modifications—

(a) the reference in section 278(1) (premises rendered fit) to the house in multiple occupation shall be construed as a reference to the part of the house in respect of which the closing order under subsection (4) is made;]

[F5 (b)] the ground on which the authority are required to determine the order under section 278(1) (premises rendered fit) shall be that the authority are satisfied that the means of escape from fire with which the house is provided is adequate (owing to a change of circumstances) and will remain adequate if the part of the house with respect to which the order was made is again used for human habitation [F6 and

(c) section 279 (substitution of demolition orders) shall be omitted].

(6) Nothing in the Rent Acts [F7 or Part I of the Housing Act 1988] prevents possession being obtained of a part of a house which in accordance with an undertaking in pursuance of this section cannot for the time being be used for human habitation.

Textual Amendments

F1 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 55(1)

F2 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 55(2)

F3 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 55(3)(a)

F4 Words beginning “with the” and s. 368(5)(a) substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 55(3)(b)

F5 “(b)” substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 55(3)(b)

F6 Word “and” and s. 368(5)(c) added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 53(3)(c)

F7 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 50

Modifications etc. (not altering text)

C1 S. 368(5) modified by S.I. 1990/431, art. 4, Sch. 1 para. 23