Housing Act 2004

Enforcement: prohibition orders E+W

32 Offence of failing to comply with prohibition order etc. E+W

(1) A person commits an offence if, knowing that a prohibition order has become operative in relation to any specified premises, he—

(a) uses the premises in contravention of the order, or

(b) permits the premises to be so used.

(2) A person who commits an offence under subsection (1) is liable on summary conviction—

(a) to a fine not exceeding level 5 on the standard scale, and

(b) to a further fine not exceeding £20 for every day or part of a day on which he so uses the premises, or permits them to be so used, after conviction.

(3) In proceedings against a person for an offence under subsection (1) it is a defence that he had a reasonable excuse for using the premises, or (as the case may be) permitting them to be used, in contravention of the order.

Modifications etc. (not altering text)

C1 S. 32(1) modified (6.4.2017 for specified purposes, 6.4.2018 in so far as not already in force) by Housing and Planning Act 2016 (c. 22), ss. 40(4), 216(3); S.I. 2017/281, reg. 4(a) (with reg. 5); S.I. 2018/393, reg. 2(a)

Commencement Information

I1 S. 32 wholly in force at 16.6.2006; s. 32 not in force at Royal Assent see s. 270(4)(5); s. 32 in force for E. at 6.4.2006 by S. I. 2006/1060, art. 2(1)(a) (with Sch.); s. 32 in force for W. at 16.6.2006 by S. I. 2006/1535, art. 2(a) (with Sch.)

33 Recovery of possession of premises in order to comply with order E+W

Nothing in—

(a) the Rent Act 1977 (c. 42) or the Rent (Agriculture) Act 1976 (c. 80), F1 ...

(b) Part 1 of the Housing Act 1988 (c. 50), [F2 or]

[F3 (c) Part 9 of the Renting Homes (Wales) Act 2016 (anaw 1),]

prevents possession being obtained by the owner of any specified premises in relation to which a prohibition order is operative if possession of the premises is necessary for the purpose of complying with the order.

Textual Amendments

F1 Word in s. 33(a) omitted (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(2)(a) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

F2 Word in s. 33(b) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(2)(b) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

F3 S. 33(c) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments) Regulations 2022 (S.I. 2022/1166), regs. 1(1), 28(2)(c) (with savings and transitional provisions in S.I. 2022/1172, regs. 9, 19)

Commencement Information

I2 S. 33 wholly in force at 16.6.2006; s. 33 not in force at Royal Assent see s. 270(4)(5); s. 33 in force for E. at 6.4.2006 by S. I. 2006/1060, art. 2(1)(a) (with Sch.); s. 33 in force for W. at 16.6.2006 by S. I. 2006/1535, art. 2(a) (with Sch.)

34 Power of tribunal to determine or vary lease E+W

(1) Subsection (2) applies where—

(a) a prohibition order has become operative, and

(b) the whole or part of any specified premises form the whole or part of the subject matter of a lease.

(2) The lessor or the lessee may apply to [F4 the appropriate tribunal] for an order determining or varying the lease.

(3) On such an application the tribunal may make an order determining or varying the lease, if it considers it appropriate to do so.

(4) Before making such an order, the tribunal must give any sub-lessee an opportunity of being heard.

(5) An order under this section may be unconditional or subject to such terms and conditions as the tribunal considers appropriate.

(6) The conditions may, in particular, include conditions about the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.

(7) In deciding what is appropriate for the purposes of this section, the tribunal must have regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.

(8) In this section “lessor” and “lessee” include a person deriving title under a lessor or lessee.

Textual Amendments

F4 Words in s. 34(2) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 151 (with Sch. 3)

Commencement Information

I3 S. 34 wholly in force at 16.6.2006; s. 34 not in force at Royal Assent see s. 270(4)(5); s. 34 in force for E. at 6.4.2006 by S. I. 2006/1060, art. 2(1)(a) (with Sch.); s. 34 in force for W. at 16.6.2006 by S. I. 2006/1535, art. 2(a) (with Sch.)