Modifications etc. (not altering text)
C1Pt. IX (ss. 264–323) extended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(2), Sch. 4 para. 11
C2Pt. IX (ss. 264–323): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)
C3Pt. IX (ss. 264–323) extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 1(2)(xxxii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
Nothing in the Rent Acts [F1or Part I of the Housing Act 1988] prevents possession being obtained by the owner of premises in respect of which a closing order is in force.
Textual Amendments
F1Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 47
If a person, knowing that a closing order has become operative and applies to premises, uses the premises in contravention of the order, or permits them to be so used, he commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £20 for every day or part of a day on which he so uses them or permits them to be so used after conviction.
(1)The local housing authority shall determine a closing order on being satisfied that the [F2dwelling-house, house in multiple occupation or, in the case of a building containing flats, the flats concerned] have been rendered fit for human habitation, and if so satisfied as respects part of the premises they shall determine the order so far as it relates to that part.
(2)A person aggrieved by a refusal by the local housing authority to determine a closing order, either wholly or as respects part of the premises to which it relates, may, within 21 days after the refusal, appeal to the county court.
(3)No appeal lies at the instance of a person who is in occupation of the premises, or a relevant part of the premises, under a lease or agreement of which the unexpired term is three years or less.
Textual Amendments
F2By Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 22 it is provided that for the words “premises” in the first place where they occur there is substituted words beginning “dwelling-house,”
(1)Where a local housing authority have made a closing order, they may, subject to [F3subsections (2) and (2A)], at any time revoke it and make a demolition order.
(2)The power conferred by subsection (1) is not exercisable in relation to a closing order made under or by virtue of—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4,
section 304(1) (listed buildings), or
section 304(2) (building subject to demolition order becoming listed),
or where the closing order has been determined under section 278 as respects part of the premises to which it relates.
[F5(2A)The power conferred by subsection (1) is not exercisable in relation to a closing order made under section 264(1) where the dwelling-house concerned is a flat or, as the case may be, where the house in multiple occupation is a flat in multiple occupation.]
(3)The provisions of this Part relating to demolition orders, including the provisions relating to service of copies of the order and appeals, apply to an order under this section as they apply to a demolition order under section 265.
Textual Amendments
F3Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 23
Textual Amendments