Housing Act 1985

PART IX SLUM CLEARANCE

Demolition or closing of unfit premises beyond repair at reasonable cost

264 Power to accept undertaking as to reconstruction or use of unfit house.

(1) Where the local housing authority are satisfied that a house is unfit for human habitation and not capable of being rendered so fit at reasonable expense, they shall serve on—

(a) the person having control of the house,

(b) any other person who is an owner of the house, and

(c) every mortgagee of the house whom it is reasonably practicable to ascertain,

notice of a time (at least 21 days after the service of the notice) and place at which the condition of the house and any offer which he may wish to submit with respect to the carrying out of works, or the future user of the premises, will be considered by the authority.

(2) Every person on whom such a notice is served is entitled to be heard when the matter is so taken into consideration.

(3) A person on whom such a notice is served shall, if he intends to submit an offer with respect to the carrying out of works—

(a) within 21 days from the date of the service of the notice on him, serve on the authority notice in writing of his intention to make such an offer, and

(b) within such reasonable period as the authority may allow, submit to them a list of the works which he offers to carry out.

(4) The local housing authority may, if after consultation with an owner or mortgagee of the house they think fit to do so, accept an undertaking from him, either—

(a) that he will within a specified period carry out such works as will, in the opinion of the authority, render the house fit for human habitation, or

(b) that the house will not be used for human habitation until the authority, on being satisfied that it has been rendered fit for that purpose, cancel the undertaking.

(5) Nothing in the Rent Acts prevents possession being obtained by an owner of premises in a case where an undertaking has been given under this section that the premises will not be used for human habitation.

(6) A person who, knowing that an undertaking has been given under this section that premises will not be used for human habitation, uses the premises in contravention of the undertaking or permits them 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 to a further fine not exceeding £5 for every day or part of a day on which he so uses them or permits them to be used after conviction.

(7) In this section references to a house include a hut, tent, caravan or other temporary or movable form of shelter which is used for human habitation and has been in the same enclosure for a period of two years next before action is taken.

265 Demolition or closing order to be made where no undertaking accepted or undertaking broken.

(1) If no undertaking under section 264 is accepted by the local housing authority or if, where they have accepted such an undertaking—

(a) any work to which the undertaking relates is not carried out within the specified period, or

(b) the house is at any time used in contravention of the terms of the undertaking,

the authority shall forthwith make a demolition or closing order in respect of the premises to which the notice under that section relates.

(2) The authority shall make a demolition order unless—

(a) they consider it inexpedient to make a demolition order having regard to the effect of the demolition on another building, or

(b) section 304(1) applies (listed buildings and buildings protected by notice pending listing),

in which case they shall make a closing order.

(3) The provisions of this section have effect subject to section 300 (power to purchase for temporary housing use houses liable to be demolished or closed).

266 Power to make closing order as to part of building.

A local housing authority may under sections 264 and 265 take the like proceedings in relation to—

(a) any part of a building which is used, or is suitable for use, as a dwelling, or

(b) an underground room which is deemed to be unfit for the purposes of this section in accordance with section 282,

as they are empowered to take in relation to a house, subject, however, to the qualification that instead of a demolition order they shall make a closing order.

267 Content of demolition and closing orders.

(1) A demolition order is an order requiring that the premises—

(a) be vacated within a specified period (of at least 28 days) from the date on which the order becomes operative, and

(b) be demolished within six weeks after the end of that period or, if it is not vacated before the end of that period, after the date on which it is vacated or, in either case, within such longer period as in the circumstances the local housing authority consider it reasonable to specify.

(2) A closing order is an order prohibiting the use of the premises to which it relates for any purpose not approved by the local housing authority.

(3) The approval of the local housing authority shall not be unreasonably withheld, and a person aggrieved by the withholding of such approval by the authority may, within 21 days of the refusal, appeal to the county court.

268 Service of notice of order.

(1) Where a local housing authority have made a demolition or closing order, they shall serve a copy of the order on—

(a) the person having control of the premises,

(b) any other person who is an owner of the premises, and

(c) every mortgagee of the premises whom it is reasonably practicable to ascertain.

(2) An order against which no appeal is brought becomes operative at the end of the period of 21 days from the date of service of the order and is final and conclusive as to matters which could have been raised on an appeal.

269 Right of appeal against order.

(1) A person aggrieved by a demolition or closing order may, within 21 days after the date of the service of the order, appeal to the county court.

(2) No appeal lies at the instance of a person who is in occupation of the premises under a lease or agreement with an unexpired term of three years or less.

(3) On an appeal the court—

(a) may make such order either confirming or quashing or varying the order as it thinks fit, and

(b) may, if it thinks fit, accept from an appellant any undertaking which might have been accepted by the local housing authority.

(4) The court shall not accept an undertaking to carry out works from an appellant on whom a notice was served under section 264(1) (notice of appointment to consider condition of premises) unless the appellant complied with the requirements of section 264(3) (duty to give notice of intention to offer undertaking and to supply list of works).

(5) An undertaking accepted by the court has the same effect as an undertaking given to and accepted by the local housing authority under section 264.

(6) If an appeal is brought the order does not become operative until—

(a) a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or

(b) if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the order (with or without variation);

and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the order or decision appealed against.

Demolition orders

270 Demolition orders: recovery of possession of building to be demolished.

(1) Where a demolition order has become operative, the local housing authority shall serve on the occupier of any building, or part of a building, to which the order relates a notice—

(a) stating the effect of the order,

(b) specifying the date by which the order requires the building to be vacated, and

(c) requiring him to quit the building before that date or before the expiration of 28 days from the service of the notice, whichever may be the later.

(2) If any person is in occupation of the building, or any part of it, at any time after the date on which the notice requires the building to be vacated, the local housing authority or an owner of the building may apply to the county court which shall thereupon order vacant possession of the building or part to be given to the applicant within such period, of not less than two or more than four weeks, as the court may determine.

(3) Nothing in the Rent Acts affects the provisions of this section relating to the obtaining possession of a building.

(4) Expenses incurred by the local housing authority under this section in obtaining possession of a building, or part of a building, may be recovered by them by action from the owner, or from any of the owners, of the building.

(5) A person who, knowing that a demolition order has become operative and applies to a building—

(a) enters into occupation of the building, or a part of it, after the date by which the order requires it to be vacated, or

(b) permits another person to enter into such occupation after that date,

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 £5 for every day or part of a day on which the occupation continues after conviction.

271 Demolition orders: execution of order.

(1) When a demolition order has become operative, the owner of the premises to which it applies shall demolish the premises within the time limited by the order, and if the premises are not demolished within that time the local housing authority shall enter and demolish them and sell the materials.

(2) Subsection (1) has effect subject to—

• section 273 (cleansing before demolition),

• section 274 (power to permit reconstruction), and

• section 275 (use otherwise than for human habitation).

272 Demolition orders: expenses of local housing authority, &c.

(1) Expenses incurred by the local housing authority under section 271 (execution of demolition order), after giving credit for any amount realised by the sale of materials, may be recovered by them from the owner of the premises.

(2) If there is more than one owner—

(a) the expenses may be recovered by the local housing authority from the owners in such shares as the court may determine to be just and equitable, and

(b) an owner who pays to the authority the full amount of their claim may recover from any other owner such contribution, if any, as the court may determine to be just and equitable.

(3) A surplus in the hands of the authority shall be paid by them to the owner of the premises or, if there is more than one owner, as the owners may agree.

(4) If there is more than one owner and the owners do not agree as to the division of the surplus, the authority shall, by virtue of this subsection, be trustees of the surplus for the owners of the premises and section 63 of the [1925 c. 19] Trustee Act 1925 (which relates to payment into court by trustees) has effect accordingly.

(5) The county court has jurisdiction to hear and determine proceedings under subsection (1) or (2), and has jurisdiction under section 63 of the [1925 c. 19.] Trustee Act 1925 in relation to such a surplus as is referred to in subsection (4).

(6) In determining for the purposes of this section the shares in which expenses are to be paid or contributed by, or a surplus divided between, two or more owners of premises, the court shall have regard to all the circumstances of the case, including—

(a) their respective interests in the premises, and

(b) their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.

273 Demolition orders: cleansing before demolition.

(1) If it appears to the local housing authority that premises to which a demolition order applies require to be cleansed from vermin, they may, at any time between the date on which the order is made and the date on which it becomes operative, serve notice in writing on the owner or owners of the premises that they intend to cleanse the premises before they are demolished.

(2) Where the authority have served such a notice—

(a) they may, at any time after the order has become operative and the premises have been vacated, enter and carry out such work as they may think requisite for the purpose of destroying or removing vermin, and

(b) the demolition shall not be begun or continued by an owner after service of the notice on him, except as mentioned in subsection (3), until the authority have served on him a further notice authorising him to proceed with the demolition.

(3) An owner on whom a notice has been served under subsection (1) may, at any time after the premises have been vacated, serve notice in writing on the authority requiring them to carry out the work within 14 days from the receipt of the notice served by him, and at the end of that period shall be at liberty to proceed with the demolition whether the work has been completed or not.

(4) Where the local housing authority serve a notice under subsection (1), they shall not take action under section 271 (under which they are to demolish the house if the owners do not) until the expiration of six weeks from the date on which the owner or owners become entitled by virtue of subsection (2) or (3) to proceed with the demolition.

274 Demolition orders: power to permit reconstruction of condemned house.

(1) Where a demolition order has become operative—

(a) the owner of the house, or

(b) any other person who in the opinion of the local housing authority is or will be in a position to put his proposals into effect,

may submit proposals to the authority for the execution by him of works designed to secure the reconstruction, enlargement or improvement of the house, or of buildings including the house.

(2) If the authority are satisfied that the result of the works will be the provision of one or more houses fit for human habitation, they may, in order that the person submitting the proposals may have an opportunity of carrying out the works, extend for such period as they may specify the time within which the owner of the house is required under section 271 to demolish it.

(3) That time may be further extended by the authority, once or more often as the case may require, if—

(a) the works have begun and appear to the authority to be making satisfactory progress, or

(b) though they have not begun, the authority think there has been no unreasonable delay.

(4) Where the authority determine to extend, or further extend, the time within which the owner of a house is required under section 271 to demolish it, notice of the determination shall be served by the authority on every person having an interest in the house, whether as freeholder, mortgagee or otherwise.

(5) If the works are completed to the satisfaction of the authority they shall revoke the demolition order (but without prejudice to any subsequent proceedings under this Part).

275 Demolition orders: substitution of closing order to permit use otherwise than for human habitation.

(1) If an owner of a house in respect of which a demolition order has become operative, or any other person who has an interest in the house, submits proposals to the local housing authority for the use of the house for a purpose other than human habitation, the authority may if they think fit to do so determine the demolition order and make a closing order as respects the house.

(2) The authority shall serve notice that the demolition order has been determined, and a copy of the closing order, on—

(a) the person having control of the house, and

(b) any other person who is an owner of the house, and

(c) every mortgagee of the house whom it is reasonably practicable to ascertain.

Closing orders

276 Closing orders: recovery of possession of house.

Nothing in the Rent Acts prevents possession being obtained by the owner of premises in respect of which a closing order is in force.

277 Closing orders: enforcement.

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.

278 Closing orders: determination of order on premises being rendered fit.

(1) The local housing authority shall determine a closing order on being satisfied that the premises 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.

279 Closing orders: substitution of demolition order.

(1) Where a local housing authority have made a closing order, they may, subject to subsection (2), 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—

• section 266 (parts of buildings and underground rooms),

• 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.

(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.

Closing of underground rooms

280 Meaning of “underground room”.

In this Part “underground room” means a room the surface of the floor of which is more than three feet below—

(a) the surface of the part of the street adjoining or nearest to the room, or

(b) the surface of any ground within nine feet of the room.

281 Regulations as to ventilation, lighting, etc. of underground rooms.

(1) A local housing authority may, with the consent of the Secretary of State, make regulations for securing the proper ventilation and lighting of underground rooms and the protection of such rooms against dampness, effluvia or exhalation.

(2) If a local housing authority, after being required to do so by the Secretary of State, fail to make regulations under subsection (1), or to make such regulation as he approves, the Secretary of State may himself by statutory instrument make regulations which shall have effect as if made by the authority under that subsection.

282 Closing of underground room deemed to be unfit for human habitation.

(1) An underground room shall be deemed for the purposes of section 266 (closing orders) to be unfit for human habitation if—

(a) the average height of the room from floor to ceiling is not at least seven feet, or

(b) the room does not comply with regulations made by the local housing authority under section 281.

(2) Nothing in this section affects the taking of action in respect of premises consisting of or including an underground room on the ground that they are unfit for human habitation in accordance with section 604 (fitness for human habitation: general provisions).

Demolition of obstructive buildings

283 Buildings liable to be demolished as “obstructive buildings”.

(1) In this Part “obstructive building” means a building which, by virtue only of its contact with or proximity to other buildings, is dangerous or injurious to health.

(2) A building is not liable to be demolished as an obstructive building under the following provisions of this Part if it is—

(a) the property of statutory undertakers (unless the building is used for the purposes of a dwelling, showroom or office), or

(b) the property of a local authority.

(3) In subsection (2) “statutory undertakers” means persons authorised by an enactment, or by an order, rule or regulation made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, electricity, water or other public undertaking.

284 Obstructive building order.

(1) The local housing authority may serve upon every owner of a building which appears to them to be an obstructive building, notice of a time (not being less than 21 days after the service of the notice) and place at which the question of ordering the building to be demolished will be considered by the authority.

(2) Every owner of the building is entitled to be heard when the matter is so taken into consideration.

(3) If, after so taking the matter into consideration, the authority are satisfied that the building is an obstructive building and that the building, or a part of it, ought to be demolished, they shall make an obstructive building order, that is to say, an order requiring—

(a) that the building, or part of it, be demolished, and

(b) that the building, or such part of it as is required to be vacated for the purposes of the demolition, be vacated within two months from the date on which the order becomes operative.

(4) The authority shall serve a copy of the order on every owner of the building.

(5) The order becomes operative, if no appeal is brought against it, on the expiration of 21 days from the date of the service of the order and is final and conclusive as to matters which could have been raised on such an appeal.

285 Right of appeal against obstructive building order.

(1) A person aggrieved by an obstructive building order may, within 21 days after the date of the service of the order, appeal to the county court.

(2) No appeal lies at the instance of a person who is in occupation of the building to which the order relates under a lease or agreement of which the unexpired term is three years or less.

(3) On an appeal the court may make such order either confirming, quashing or varying the order as it thinks fit.

(4) If an appeal is brought, the order does not become operative until—

(a) a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the Court of Appeal may be brought expires without any such appeal having been brought, or

(b) if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the order (with or without variation);

and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the order or decision appealed against.

286 Obstructive building order: recovery of possession of building to be demolished.

(1) Where an obstructive building order has become operative, the local housing authority shall serve on the occupier of the building, or part of a building, to which the order relates a notice—

(a) stating the effect of the order,

(b) specifying the date by which the order requires the building to be vacated, and

(c) requiring him to quit the building before that date or before the expiration of 28 days from the service of the notice, whichever may be the later.

(2) If at any time after the date on which the notice requires the building to be vacated a person is in occupation of the building, or part of it, the local housing authority or an owner of the building may apply to the county court which shall order vacant possession of the building, or of the part of it, to be given to the applicant within such period, of not less than two or more than four weeks, as the court may determine.

(3) Nothing in the Rent Acts affects the provisions of this section relating to the obtaining of possession of a building.

(4) A person who, knowing that an obstructive building order has become operative and applies to a building—

(a) enters into occupation of the building, or of a part of it, after the date by which the order requires the building to be vacated, or

(b) permits another person to enter into such occupation after that date,

commits a summary offence and is liable on conviction to a fine not exceeding level 2 on the standard scale and to a further fine not exceeding £5 a day for every day or part of a day on which the occupation continues after conviction.

287 Execution of obstructive building order.

(1) If before the end of the period within which a building in respect of which an obstructive building order is made is required by the order to be vacated—

(a) an owner whose estate or interest in the building and its site is such that its acquisition by the local housing authority would enable the authority to carry out the demolition provided for by the order, or

(b) owners whose combined estates or interests in the building and its site are such that their acquisition by the authority would enable the authority to carry out the demolition provided by the order,

make to the authority an offer for the sale of that interest, or of those interests, at a price to be assessed as if it were compensation for a compulsory purchase under section 290 (acquisition of land for clearance), the authority shall accept the offer and shall, as soon as possible after obtaining possession, carry out the demolition.

(2) If no such offer is made before the end of the period within which the building is required by the order to be vacated, the owner or owners shall carry out the demolition provided for by the order before the expiration of six weeks from—

(a) the last day of that period, or

(b) if the building, or such part of it as is required to be vacated, is not vacated until after that day, the day on which it is vacated,

or, in either case, such longer period as in the circumstances the local housing authority deem reasonable.

(3) If the demolition is not so carried out, the local housing authority shall enter and carry out the demolition and sell the materials rendered available by the demolition.

288 Obstructive buildings: expenses of local housing authority, &c.

(1) Expenses incurred by the local housing authority under section 287(3) (execution of obstructive building order) after giving credit for any amount realised by the sale of materials, may be recovered by them from the owner of the building.

(2) If there is more than one owner—

(a) the expenses may be recovered by the authority from the owners in such shares as the court may determine to be just and equitable, and

(b) an owner who pays to the authority the full amount of their claim may recover from any other owner such contribution, if any, as the court may determine to be just and equitable.

(3) A surplus in the hands of the authority shall be paid by them to the owner of the building or, if there is more than one owner, as the owners may agree.

(4) If there is more than one owner and the owners do not agree as to the division of the surplus, the authority shall, by virtue of this subsection, be trustees of the surplus for the owners of the premises and section 63 of the [1925 c. 19.] Trustee Act 1925 (which relates to payment into court by trustees) has effect accordingly.

(5) The county court has jurisdiction to hear and determine proceedings under subsection (1) or (2), and has jurisdiction under section 63 of the Trustee Act 1925 in relation to such a surplus as is referred to in subsection (4).

(6) In determining for the purposes of this section the shares in which expenses are to be paid or contributed by, or a surplus divided between, two or more owners of a building, the court shall have regard to all the circumstances of the case, including—

(a) their respective interests in the building, and

(b) their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.

Clearance areas

289 Declaration of clearance area.

(1) A clearance area is an area which is to be cleared of all buildings in accordance with the following provisions of this Part.

(2) The local housing authority shall declare an area to be a clearance area if they are satisfied—

(a) that the houses in the area are unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets, dangerous or injurious to the health of the inhabitants of the area, and

(b) that the other buildings, if any, in the area are for a like reason dangerous or injurious to the health of the inhabitants of the area,

and that the most satisfactory method of dealing with the conditions in the area is the demolition of all the buildings in the area.

(3) If the authority are so satisfied they shall—

(a) cause the area to be defined on a map in such manner as to exclude from any area any building which is not unfit for human habitation or dangerous or injurious to health, and

(b) pass a resolution declaring the area so defined to be a clearance area.

(4) Before passing such a resolution the authority shall satisfy themselves—

(a) that, in so far as suitable accommodation does not already exist for the persons who will be displaced by the clearance of the area, the authority can provide, or secure the provision of, such accommodation in advance of the displacements which will from time to time become necessary as the demolition of the buildings in the area, or in different parts of it, proceeds, and

(b) that the resources of the authority are sufficient for the purposes of carrying the resolution into effect.

(5) The authority shall forthwith transmit to the Secretary of State a copy of any resolution passed by them under this section, together with a statement of the number of persons who on a day specified in the statement were occupying the buildings comprised in the clearance area.

(6) A clearance area shall not be so defined as to include land in a general improvement area.

290 Acquisition of land for clearance.

(1) So soon as may be after the local housing authority have declared an area to be a clearance area, they shall proceed to secure the clearance of the area (subject to and in accordance with the provisons of this Part) by purchasing the land comprised in the area and themselves undertaking, or otherwise securing, the demolition of the buildings on the land.

(2) Where the authority determine to purchase land comprised in a clearance area, they may also purchase—

(a) land which is surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions, and

(b) adjoining land the acquisition of which is reasonably necessary for the satisfactory development or use of the cleared area.

(3) Where the authority have determined to purchase land under this section, they may purchase the land by agreement or be authorised by the Secretary of State to purchase the land compulsorily.

(4) The powers conferred by subsection (3) are exercisable notwithstanding that any of the buildings within the area have been demolished since the area was declared to be a clearance area.

291 Method of dealing with land acquired for clearance.

(1) A local housing authority who have purchased land under section 290 shall, so soon as may be, cause every building on the land to be vacated and deal with the land in one or other of the following ways, or partly in one of those ways and partly in the other, that is to say—

(a) themselves demolish every building on the land within the period mentioned in subsection (2) and thereafter appropriate or dispose of the land, subject to such restrictions and conditions (if any) as they think fit, or

(b) dispose of the land as soon as may be subject to a condition that the buildings on it be demolished forthwith, and subject to such restrictions and other conditions (if any) as they think fit.

(2) The period within which the authority is to demolish a building under paragraph (a) of subsection (1) is six weeks from the date on which the building is vacated or such longer period as in the circumstances they consider reasonable.

(3) This section has effect subject to—

• section 301 (retention of premises for temporary housing use),

• sections 305 and 306 (suspensions of clearance procedure on building becoming listed), and

• Schedule 11 (rehabilitation orders).

(4) The references in subsection (1) to appropriation or disposal under the general powers conferred by section 122 or 123 of the [1972 c. 70.] Local Government Act 1972.

292 Power to discontinue proceedings if acquisition of land proves unnecessary.

Where the local housing authority have submitted to the Secretary of State an order for the compulsory purchase of land in a clearance area and the Secretary of State, on an application being made to him by the owner or owners of the land and the authority, is satisfied—

(a) that the owner or owners of the land, with the concurrence of any mortgagee of the land, agree to the demolition of the buildings on the land, and

(b) that the authority can secure the proper clearance of the area without acquiring the land,

the Secretary of State may authorise the authority to discontinue proceedings for the purchase of the land on their being satisfied that such covenants have been or will be entered into by all necessary parties as may be requisite for securing that the buildings will be demolished, and the land become subject to the like restrictions and conditions, as if the authority had dealt with the land in accordance with the provisions of section 291.

293 Property belonging to the local housing authority.

(1) The local housing authority may include in a clearance area land belonging to them which they might have included in the area if it had not belonged to them, and the provisions of this Part apply to land so included as they apply to land purchased by the authority as being comprised in the clearance area.

(2) Where land belonging to the local housing authority is surrounded by or adjoins a clearance area and might, had it not previously been acquired by them, have been purchased by the authority under section 290(2), the provisions of this part apply to that land as they apply to land purchased by the authority as being surrounded by or adjoining the clearance area.

294 Extinguishment of public rights of way over land acquired.

(1) The local housing authority may, with the approval of the Secretary of State, by order extinguish any public right of way over land acquired by them under section 290 (land acquired for clearance).

(2) Where the authority have resolved to purchase under that section land over which a public right of way exists, they may make and the Secretary of State may approve, in advance of the purchase, an order extinguishing that right as from the date on which the buildings on the land are vacated, or at the end of such period after that date as may be specified in the order or as the Secretary of State in approving the order may direct.

(3) The order shall be published in such manner as may be prescribed and if objection to the order is made to the Secretary of State before the expiration of six weeks from its publication, he shall not approve the order until he has caused a public local inquiry to be held into the matter.

295 Extinguishment of other rights over land acquired.

(1) Upon the completion by the local housing authority of the purchase by them under section 290 (land acquired for clearance)—

(a) all private rights of way over the land,

(b) all rights of laying down, erecting, continuing or maintaining apparatus on, under or over the land, and

(c) all other rights or easements in or relating to the land,

shall be extinguished and any such apparatus shall vest in the authority.

(2) Subsection (1) has effect subject to—

(a) any agreement which may be made between the local housing authority and the person in or to whom the right or apparatus is vested or belongs, and

(b) sections 296 and 298 (which relate to the rights and apparatus of statutory undertakers and certain operators of telecommunication systems).

(3) A person who suffers loss by the extinguishment of any right or the vesting of any apparatus under subsection (1) is entitled to be paid by the local housing authority compensation to be determined under and in accordance with the [1961 c. 33.] Land Compensation Act 1961.

296 Apparatus of statutory undertakers.

(1) Section 295(1) (extinguishment of rights over land acquired for clearance and vesting of apparatus in local housing authority) does not apply to—

(a) any right vested in statutory undertakers of laying down, erecting, continuing or maintaining any apparatus, or

(b) any apparatus belonging to statutory undertakers.

(2) Where the removal or alteration of apparatus belonging to statutory undertakers—

(a) on, under or over land purchased by a local housing authority under section 290 (land acquired for clearance), or

(b) on, under or over a street running over, or through, or adjoining any such land.

is reasonably necesssary for the purpose of enabling the authority to exercise any of the powers conferred on them by the provisions of this Part relating to clearance areas, the authority may execute works for the removal or alteration of the apparatus, subject to and in accordance with the provisions of section 297 (procedure for removal or alteration of apparatus).

(3) The local housing authority shall make reasonable compensation to statutory undertakers for any damage sustained by the undertakers by reason of the execution by the authority of works under this section and not made good by the provision of substituted apparatus; and any question as to the right of undertakers to recover such compensation or as to its amount shall be referred to and determined by the Lands Tribunal.

(4) In this section—

(a) “statutory undertakers” means persons authorised by an enactment, or by an order, rule or regulation made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, electricity, water or other public undertaking;

(b) “apparatus” means sewers, drains, culverts, water-courses, mains, pipes, valves, tubes, cables, wires, tranformers and other apparatus laid down or used for or in connection with the carrying, conveying or supplying to any premises of a supply of water, water for hydraulic power, gas or electricity, and standards and brackets carrying street lamps;

(c) references to the alteration of apparatus include references to diversion and to the alteration of position or level.

297 Procedure for removal or alteration of apparatus under s. 296.

(1) A local housing authority who intend to remove or alter apparatus in exercise of the power conferred by section 296—

(a) shall serve on the undertakers notice in writing of their intention with particulars of the proposed works and of the manner in which they are to be executed and plans and sections of them, and

(b) shall not commence any works until the expiration of the period of 28 days from the date of service of that notice;

and within that period the undertakers may, by notice in writing served on the authority, make objections to, or state requirements with respect to, the proposed works as follows.

(2) The undertakers may object to the execution of the works, or any of them, on the ground that they are not reasonably necessary for the purpose mentioned in section 296(2); and if objection is so made to any works and not withdrawn, the authority shall not execute the works unless they are determined by arbitration to be so necessary.

(3) The undertakers may state requirements to which, in their opinion, effect ought to be given as to—

(a) the manner of, or the conditions to be observed in, the execution of the works, or

(b) the execution of other works for the protection of other apparatus belonging to the undertakers or for the provision of substituted apparatus, whether permanent or temporary;

and if any such requirement is so made and not withdrawn, the authority shall give effect to it unless it is determined by arbitration to be unreasonable.

(4) At least seven days before commencing any works which they are authorised by section 296, or required by subsection (3), to execute, the local housing authority shall, except in case of emergency, serve on the undertakers notice in writing of their intention to do so; and the works shall be executed by the authority under the superintendence (at the expense of the authority) and to the reasonable satisfaction of the undertakers.

(5) If within seven days from the date of service on them of such a notice the undertakers so elect, they shall themselves execute the works in accordance with the reasonable directions and to the reasonable satisfaction of the authority; and the reasonable costs of the works shall be repaid to the undertakers by the authority.

(6) Any matter which by virtue of subsection (2) or (3) is to be determined by arbitration, and any difference arising between statutory undertakers and a local housing authority under subsection (4) or (5), shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the Secretary of State.

298 Telecommunication apparatus.

(1) In this section—

(a) “the telecommunications code” means the code contained in Schedule 2 to the [1984 c. 12.] Telecommunications Act 1984,

(b) “telecommunications code system” means a telecommunication system to which that code applies, and

(c) expressions which are defined for the purposes of that code by paragraph 1 of that Schedule, or are defined in that Act for the purposes of that Act, have the same meaning in this section.

(2) Where a public right of way over land is extinguished by an order under section 294 and immediately before the order comes into operation there is under, in, on, over, along or across the land telecommunication apparatus kept installed for the purposes of a telecommunications code system, the powers of the operator of the system in respect of the apparatus are not affected by the order, but any person entitled to the land over which the right of way subsisted may require the alteration of the apparatus, and paragraph 21 of the telecommunications code (procedure for exercise of right to require removal of apparatus) applies.

(3) Section 295(1) (extinguishment of other rights over land acquired for clearance and vesting of apparatus in local housing authority) does not apply to—

(a) any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system, or

(b) telecommunication apparatus kept installed for the purposes of such a system;

but the local housing authority may, where it is reasonably necessary for the purpose of enabling the authority to exercise any of the powers conferred on them by the provisions of this Act relating to clearance areas, execute works for the alteration of such apparatus, and paragraph 23 of the telecommunications code (procedure for works involving alteration of apparatus) applies.

Rehabilitation orders

299 Rehabilitation orders in respect of houses in clearance areas.

(1) Schedule 11 has effect with respect to rehabilitation orders in respect of houses acquired for clearance, or which it was resolved to acquire, before 2nd December 1974 (when the provisions of the [1974 c. 44.] Housing Act 1974 with respect to housing action areas and improvement notices came into force), as follows:—

• Part I — The making of the order and its effect.

• Part II — Procedural matters.

(2) References in that Schedule to improvement to “the full standard” have the same meaning as in Part VII (improvement notices).

Use of condemned houses for temporary housingaccommodation

300 Purchase of houses liable to be demolished or closed.

(1) Where the local housing authority would be required under section 265 to make a demolition or closing order in respect of a house, they may, if it appears to them that the house is or can be rendered capable of providing accommodation of a standard which is adequate for the time being, purchase it instead.

(2) Where an authority have determined to purchase a house under this section—

(a) they shall serve a notice of their determination on the persons on whom they would have been required by section 268(1) to serve a copy of a demolition or closing order, and

(b) sections 268(2) and 269 (operative date and right of appeal) apply to such a notice as they apply to a demolition or closing order.

(3) At any time after the notice has become operative the authority may purchase the house by agreement or be authorised by the Secretary of State to purchase it compulsorily.

(4) In this section “house”—

(a) does not have the extended meaning given by section 264(7) (temporary or movable structures), and

(b) does not include premises against which action is taken by virtue of section 266 (parts of buildings and underground rooms).

(5) This section does not apply where section 304(1) applies (listed building or building protected pending listing).

301 Retention of houses acquired for clearance.

(1) The local housing authority, having declared an area to be a clearance area, may postpone for such period as they may determine the demolition of houses on land purchased by them within the area if, in their opinion, the houses are or can be rendered capable of providing accommodation of a standard which is adequate for the time being.

(2) Where the local housing authority are satisfied that a house on land purchased by them within a clearance area which is not retained by them for temporary use for housing purposes—

(a) is required for the support of a house which is so retained, or

(b) should not be demolished for the time being for some other special reason connected with the exercise in relation to the clearance area of the authority’s powers under subsection (1).

they may retain the house for the time being and are not required to demolish it so long as it is required for that purpose or, as the case may be, so long as those powers are being exercised by the authority in relation to that area.

(3) Where the demolition of any houses in a clearance area is postponed under this section, the local housing authority may also postpone the taking of proceedings under section 290(1) (acquisition of land for clearance) in respect of buildings other than houses within the area.

302 Management and repair of houses acquired under s. 300 or retained under s. 301.

Where a house is acquired by a local housing authority under section 300 or retained by a local housing authority under section 301 for temporary use for housing purposes—

(a) the authority have the like powers in respect of the house as they have in respect of dwellings provided by them under Part II (provision of housing accommodation);

(b) the authority may carry out such works as may from time to time be required for rendering and keeping the house capable of providing accommodation of a standard which is adequate for the time being pending its demolition;

(c) section 8 of the [1985 c. 70.] Landlord and Tenant Act 1985 (implied condition of fitness for human habitation) does not apply to a contract for the letting of the house by the authority.

Listed buildings

303 Meaning of “listed building”.

In this Part “listed building” means a building included in a list of buildings of special architectural or historic interest under section 54 of the [1971 c. 78.] Town and Country Planning Act 1971.

304 Closing order to be made in respect of listed building subject to s. 265.

(1) A local housing authority shall not make a demolition order under section 265 (unfit premises beyond repair at reasonable cost) in respect of a listed building but shall instead make a closing order under that section.

(2) Where a house in respect of which a demolition order has been made becomes a listed building, the local housing authority shall determine the order, whether or not it has become operative, and make a closing order in respect of the house; and they shall serve—

(a) notice that the demolition order has been determined, and

(b) a copy of the closing order,

on every person on whom they would be required by section 268 to serve a copy of a closing order made under section 265.

(3) The Secretary of State may give notice in respect of a house to the local housing authority stating that its architectural or historic interest is sufficient to render it inexpedient that it should be demolished pending determination of the question whether it should be a listed building; and the provisions of this section apply to a house in respect of which such a notice is in force as they apply to a listed building.

305 Building becoming listed when subject to compulsory purchase for clearance.

(1) Where a building to which a compulsory purchase order under section 290 applies (acquisition of land for clearance) becomes a listed building at any time after the making of the order, the authority making the order may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) under section 55 of the [1971 c. 78.] Town and Country Planning Act 1971 (listed building consent) for his consent to the demolition of the building.

(2) If the authority have not served notice to treat in respect of the building under section 5 of the [1965 c. 56.] Compulsory Purchase Act 1965, they shall not do so unless and until the Secretary of State gives that consent.

(3) The following provisions of this section have effect where—

(a) an application for such consent is made and refused, or

(b) the period for making an application expires without the authority having made an application;

and in those provisions “the relevant date” means the date of the refusal or, as the case may be, the expiry of that period.

(4) If at the relevant date—

(a) the building has not vested in the authority, and

(b) no notice to treat has been served by the authority under section 5 of the [1965 c. 56.] Compulsory Purchase Act 1965 in respect of an interest in the building.

the compulsory purchase order shall cease to have effect in relation to the building and, where applicable, the building shall cease to be comprised in a clearance area.

(5) Where a building which was included in a clearance area solely be reason of its being unfit for human habitation ceases to be comprised in the area by virtue of subsection (4), the authority concerned shall forthwith take whichever of the following steps is appropriate—

(a) serve a notice in respect of the building under section 189 (repair notice), or

(b) make a closing order in respect of the building under section 265.

(6) Where subsection (4) does not apply, the authority shall cease to be subject to the duty imposed by section 291 (method of dealing with land acquired for clearance) to demolish the building, and—

(a) if the building or an interest in it is vested in the authority at the relevant date, it shall be treated in the case of a house as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of Part VI of the [1971 c. 78.] Town and Country Planning Act 1971 (planning purposes);

(b) in relation to an interest in the building which has not at the relevant date vested in the authority, the compulsory purchase order has effect in the case of a house as if made and confirmed under Part II of this Act and in any other case as if made and confirmed under Part VI of the Town and Country Planning Act 1971.

(7) No account shall be taken for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for completing compulsory purchase) of any period during which an authority are prevented by this section from serving a notice to treat under section 5 of that Act.

306 Building becoming listed when acquired by agreement for clearance.

(1) Where section 291 (method of dealing with land acquired for clearance) applies to a building purchased by the local housing authority by agreement and the building becomes a listed building, the authority may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) under section 55 of the [1971 c. 78.] Town and Country Planning Act 1971 for his consent to the demolition of the building.

(2) Where such an application is made and is refused, or the period for making such an application expires without the authority making an application—

(a) the authority shall cease to be subject to the duty imposed by section 291 to demolish the building, and

(b) the building shall be treated in the case of a house as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of Part VI of the Town and Country Planning Act 1971 (planning purposes).

Provisions for protection or assistance of owners

307 Saving for rights arising from breach of covenant, &c.

(1) Nothing in the provisions of this Part relating to—

(a) the demolition, closing or purchase of unfit premises, or

(b) the demolition of obstructive buildings,

prejudices or interferes with the rights or remedies of an owner for breach of any covenant or contract entered into by a lessee in reference to premises in respect of which an order is made by the local housing authority under those provisions.

(2) If an owner is obliged to take possession of premises in order to comply with such an order, the taking possession does not affect his right to avail himself of any such breach which occurred before he so took possession.

308 Approval of owner’s proposals for redevelopment.

(1) A person proposing to undertake the re-development of land may submit particulars of his proposals to the local housing authority for approval under this section.

(2) The authority shall consider the proposals and if they appear to the authority to be satisfactory, the authority shall give notice to that effect to the person by whom they were submitted, specifying times within which the several parts of the re-development are to be carried out.

(3) Where the authority have so given notice of their satisfaction with proposals, no action shall be taken in relation to the land under any of the powers conferred by the provisions of this Part relating to—

(a) the demolition, closing or purchase of unfit premises, or

(b) clearance areas.

if and so long as the re-development is being proceeded with in accordance with the proposals and within the specified time limits, subject to any variation or extension approved by the authority.

(4) This section does not apply to premises—

(a) in respect of which a demolition order has become operative, or

(b) comprised in a compulsory purchase order under section 290 (acquisition of land for clearance) which has been confirmed by the Secretary of State;

and has effect subject to section 311 in a case where proposals are submitted under this section with respect to premises in a clearance area.

309 Recovery of possession of premises for purposes of approved re-development.

(1) Where the local housing authority have given notice of their satisfaction with proposals submitted to them under section 308 and are satisfied—

(a) that it is necessary for the purpose of enabling re-development to be carried out in accordance with the proposals that a dwelling-house let on or subject to a protected tenancy or statutory tenancy (within the meaning of the [1977 c. 42.] Rent Act 1977) should be vacated, and

(b) that alternative accommodation complying with the requirements of this section is available for the tenant or will be available for him at a future date,

they may issue to the landlord a certificate, which shall be conclusive evidence for the purposes of section 98(1)(a) of the Rent Act 1977 (grounds for possession), that suitable alternative accommodation is available for the tenant or will be available for him by that future date.

(2) The requirements with which the alternative accommodation must comply are—

(a) that it must be a house in which the tenant and his family can live without causing it to be overcrowded within the meaning of Part X;

(b) that it must be certified by the local housing authority to be suitable to the needs of the tenant and his family as respects security of tenure, proximity to place of work and otherwise, and to be suitable in relation to his means; and

(c) that if the house belongs to the local housing authority it must be certified by them to be suitable to the needs of the tenant and his family as regards accommodation, for this purpose treating a house containing two bedrooms as providing accommodation for four persons, a house containing three bedrooms as providing accommodation for five persons and a house containing four bedrooms as providing accommodation for seven persons.

310 Certificate of fitness resulting from owner’s improvements or alterations.

(1) An owner of a house in respect of which works of improvement or structural alteration are proposed to be executed may submit a list of the proposed works to the local housing authority with a request in writing that the authority inform him whether in their opinion the house would, after the execution of those works, or of those works together with additional works, be fit for human habitation and, with reasonable care and maintenance, remain so fit for a period of at least five years.

(2) As soon as may be after the receipt of such a list and request, the authority shall take the list into consideration and shall inform the owner whether they are of that opinion, and, if they are, furnish him with a list of any additional works appearing to them to be required.

(3) Where the authority have stated that they are of that opinion and the works specified in the list, together with any additional works specified in a list furnished by them, have been executed to their satisfaction, they shall, on the application of the owner and on payment by him of a fee of five pence, issue to him a certificate that the house is fit for human habitation and will with reasonable care and maintenance remain so fit for such period (not being less than five nor more than 15 years) as may be specified in the certificate.

(4) During the period specified in a certificate given under this section—

(a) no action shall be taken in relation to the house under the provisions of this Part relating to the demolition, closing or purchase of unfit premises, and

(b) no action shall be taken under the provisions of this Part relating to clearance areas with a view to the demolition of the house as being unfit for human habitation.

(5) For the purposes of this section “works of improvement” includes the provision of additional or improved fixtures or fittings but not works by way of decoration or repair.

(6) This section does not apply to premises—

(a) in respect of which a demolition order has become operative, or

(b) comprised in a compulsory purchase order under section 290 (acquisition of land for clearance) which has been confirmed by the Secretary of State;

and has effect subject to section 311 in a case where proposals are submitted under this section with respect to premises in a clearance area.

311 Consideration of proposals under s. 308 or s. 310 with respect to premises in clearance area.

(1) Where proposals as respects premises in a clearance area are submitted to the local housing authority under section 308 (owner’s re-development) or section 310 (owner’s improvements or alterations), the authority may, instead of proceeding under that section, transmit the proposals to the Secretary of State.

(2) The Secretary of State shall deal with the proposals in connection with the consideration by him of the compulsory purchase order relating to the premises as if the proposals had been objections to the order made on the date on which they were submitted to the authority.

(3) If in confirming the order the Secretary of State excludes the premises from the clearance area, the authority shall then proceed in relation to the proposals under section 308 or 310, as the case may be.

Slum clearance subsidy

312 Slum clearance subsidy.

(1) Slum clearance subsidy is payable to a local housing authority (for the credit of their general rate fund) for any year in which the authority incur a loss in connection with the exercise of their slum clearance functions.

(2) For this purpose “slum clearance functions” means functions under the provisions of this Part relating to—

(a) the demolition, closing or purchase of unfit premises,

(b) the demolition of obstructive buildings, or

(c) clearance areas,

but does not include functions under section 308 to 311 (owner’s re-development or improvements); and no account shall be taken of expenditure resulting from an order under paragraph 9(1) of Schedule 22 (expenses of owner in opposing compulsory purchase order).

(3) The amount of the subsidy is 75 per cent. of the loss.

(4) Payment of the subsidy is subject to the making of a claim for it in such form, and containing such particulars, as the Secretary of State may from time to time determine.

(5) The subsidy shall be paid by the Secretary of State at such times and in such manner as the Treasury may direct and subject to such conditions as to records, certificates, audit or otherwise as the Secretary of State may, with the approval of the Treasury, impose.

(6) In the provisions of this Part relating to slum clearance subsidy “year” means financial year.

313 Determination of entitlement to subsidy and amount.

(1) The method of determining whether an authority have incurred a loss in connection with the exercise of their slum clearance functions, and the amount of the loss, shall be prescribed by regulations made by the Secretary of State with the concurrence of the Treasury.

(2) Schedule 12 has effect with respect to the provision which may be made by the regulations.

(3) The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The amount of subsidy payable to an authority for a year shall be calculated to the nearest pound, by disregarding an odd amount of 50 pence or less and treating an odd amount exceeding 50 pence as a whole pound.

314 Power to modify application of subsidy provisions.

(1) The Secretary of State may direct that the provisions of this Part relating to slum clearance subsidy apply to a local housing authority subject to modifications.

(2) The modifications may not increase the sums payable to the authority by way of slum clearance subsidy.

(3) A direction may be a general direction or a direction for a particular case, and may be given for a period or subject to conditions.

(4) The modifications, and where applicable the period for which the direction is given and any conditions subject to which it is given, shall be specified in the direction.

(5) A direction may be revoked by the Secretary of State or varied by a further direction.

Miscellaneous

315 Power of court to order occupier or owner to permit things to be done.

(1) If a person, after receiving notice of the intended action—

(a) being the occupier of premises, prevents the owner or person having control of the premises, or his officers, servants or agents, from carrying into effect with respect to the premises any of the provisions of this Part, or

(b) being the occupier, owner or person having control of premises, prevents an officer, servant or agent of the local housing authority from so doing,

a magistrates' court may order him to permit to be done on the premises all things requisite for carrying into effect those provisions.

(2) A person who fails to comply with an order of the court under this section commits a summary offence and is liable on conviction to a fine not exceeding £20 in respect of each day during which the failure continues.

316 Power of court to authorise owner to demolish premises on default of another owner.

(1) If it appears to a magistrates' court on the application of an owner of premises in respect of which a demolition order, or obstructive building order has been made, that owing to the default of another owner of the premises in demolishing the premises, the interests of the applicant will be prejudiced, the court may make an order empowering the applicant forthwith to enter on the premises, and, within a period fixed by the order, demolish them.

(2) Where the court makes an order under subsection (1), the court may, where it seems to the court just to do so, make a like order in favour of any other owner.

(3) Before an order is made under this section, notice of the application shall be given to the local housing authority.

317 Power of court to determine lease where premises demolished or closed.

(1) Where premises in respect of which a demolition or closing order under this Part has become operative form the subject matter of a lease, the lessor or the lessee may apply to the county court for an order determining or varying the lease.

(2) On the application the court may make such an order if it thinks fit, after giving any sub-lessee an opportunity of being heard.

(3) The order may be unconditional or subject to such terms and conditions (including conditions with respect to the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise) as the court may think just and equitable to impose, having regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.

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

318 Power of court to authorise execution of works on unfit premises or for improvement.

(1) Where on an application made by a person entitled to any interest in land used in whole or in part as a site for houses the court is satisfied—

(a) that the premises on the land are, or are likely to become, dangerous or injurious to health or unfit for human habitation and the interests of the applicant are thereby prejudiced, or

(b) that the applicant should be entrusted with the carrying out of a scheme of improvement or reconstruction approved by the local housing authority,

the court may make an order empowering the applicant forthwith to enter on the land and within a period fixed by the order execute such works as may be necessary.

(2) Where the court makes such an order, it may order that any lease held from the applicant and any derivative lease shall be determined, subject to such conditions and the payment of such compensation as the court may think just.

(3) The court shall include in its order provisions to secure that the proposed works are carried out and may authorise the local housing authority to exercise such supervision or take such action as may be necessary for the purpose.

(4) In this section “the court” means the High Court or the county court, where those courts respectively have jurisdiction.

Supplementary provisions

319 Powers of entry.

(1) A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving 24 hours' notice of his intention to the occupier, and to the owner if the owner is known, enter premises—

(a) for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises; or

(b) for the purpose of survey and examination where a demolition or closing order, or an obstructive building order, has been made in respect of the premises; or

(c) for the purpose of survey or valuation where the authority are authorised by this Part to purchase the premises compulsorily.

(2) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised.

320 Penalty for obstruction.

(1) It is a summary offence to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

(2) A person committing such an offence is liable on conviction to a fine not exceeding level 2 on the standard scale.

321 Repair at reasonable expense.

In determining for the purpose of this Part whether premises can be rendered fit for human habitation at a reasonable expense, regard shall be had to the estimated cost of the works necessary to render them so fit and the value which it is estimated they will have when the works are completed.

322 Minor definitions.

In this Part—

• “house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it;

• “owner”, in relation to premises—

  (a)

  means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and

  (b)

  includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years;

• “person having control”, in relation to premises, means the person who receives the rack-rent of the premises (that is, a rent which is not less than two-thirds of the full net annual value of the premises), whether on his own account or as agent or trustee for another person or who would so receive it if the house were let at such a rack-rent.

323 Index of defined expressions: Part IX.

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

clearance area	section 289(1)
closing order	section 267(2)
demolition order	section 267(1)
district (of a local housing authority)	section 2(1)
fit (or unfit) for human habitation	sections 282 and 604
the full standard (in relation to rehabilitation orders)	section 234(1) and 299(2)
general improvement area	sections 253
house	section 322
land liable to be cleared (in Schedule 11)	paragraph 1(3) of Schedule 11
lease, lessee and lessor	section 621
listed building	section 303
local housing authority	section 1, 2(2)
obstructive building	section 283
obstructive building order	section 284
owner (of premises)	section 322
person having control (of premises)	section 322
prescribed	section 614
reasonable expense	section 321
rehabilitation order	Schedule 11
the Rent Acts	section 622
slum clearance functions (for purposes of slum clearance subsidy)	section 312(2)
slum clearance subsidy	section 312(1)
standard scale (in reference to the maximum fine on summary conviction)	section 622
underground room	section 280
unfit (or fit) for human habitation	sections 282 and 604
year (for purposes of slum clearance subsidy)	section 312(6)