Textual Amendments
F1Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
Textual Amendments
Textual Amendments
F3Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
[F4(1)This section applies where a dwelling-house is subject to a statutory tenancy and the landlord wishes to carry out works which can not be carried out without the consent of the tenant.]
(2)If the tenant is unwilling to give his consent, then, if the condition specified in [F5any of paragraphs (a) to (c)], of subsection (3) below is satisfied, the county court may, on the application of the landlord, make an order empowering him to enter and carry out the works.
[F6(3)The condition is—
(a)that the works were specified in application for an [F7improvement grant, intermediate grant or common parts grant] under [F8Part XV of the Housing Act 1985] and the application has been approved, or
(b)that the works are specified in a certificate issued by [F9the local housing authority within the meaning of that Act] and stating that if an application is to be made by the landlord for such a grant in respect of the works, the application would be likely to be approved. [F10or]
[F10(c)that the works were specified in an application for a renovation grant, a common parts grant, a disabled facilities grant or an HMO grant under Part VIII of the Local Government and Housing Act 1989 and the application has been approved.]]
(4)An order under subsection (2) above may be made subject to such conditions as to the time at which the works are to be carried out and as to any provision to be made for the accommodation of the tenant and his household while they are carried out as the court may think fit.
(5)Where such an order is made subject to any condition as to time, compliance with that condition shall be deemed to be also compliance with any condition imposed by the [F11local housing authority under section 512(2) of the Housing Act 1985][F12or, as the case may be, with any condition under section 118(2) of the Local Government and Housing Act 1989].
(6)In determining whether to make such an order and, if it is made, what (if any) conditions it should be subject to, the court shall have regard to all the circumstances and in particular to—
(a)any disadvantage to the tenant that might be expected to result from the works, and
(b)the accommodation that might be available for him whilst the works are carried out, and
(c)the age and health of the tenant,
but the court shall not take into account the means or resources of the tenant.
Textual Amendments
F4S. 116(1) substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 47(2)
F5Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 52(1)
F6S. 116(3) substituted by Housing Act 1980 (c. 51, SIF 61), Sch. 25 Pt. I para. 47(3)
F7Words substituted by Housing and Planning Act 1986 (c. 63, SIF 75:3), s. 15, Sch. 3 para. 15 (which said Sch. 3 was repealed by Local Government and Housing Act 1989 (c.42, SIF 75:1), ss. 194(2), Sch. 12 Pt. II
F8Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(9)(a)
F9Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(9)(b)
F10Word “or” and para. (c) added by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 52(2)
F11Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 35(9)(c)
F12Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 75:1), s. 194, Sch. 11 para. 52(3)
Textual Amendments
F13Ss. 15(6), 17, 18(3)(4), 24(1)(2), 27–43, 50, 53, 67(6), 70(5), 76, 79(4), 86(5), 91, 92(6)(7), 108–113, 115, 117, 130, 133–135, 141(2), 155(1), Sch. 1 para. 8, Schs. 3, 4, 6, Sch. 7 para. 4, Sch. 10 para. 10, Sch. 11 paras. 13, 14 and 15–25, Sch. 13, Sch. 14 para. 6, Sch. 17 paras. 10, 11, Sch. 19, Sch. 20 paras. 1(6)(7), 4, Schs. 21, 22, Sch. 23 paras.1, 4(g)–(i), 37, 38 repealed by Housing Act 1980 (c. 51, SIF 61), Sch. 26
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
Textual Amendments