Housing Act 1985

Provisions for protection of owner and others

199 Recovery by lessee of proportion of cost of works.

(1) A lessee of a house who, or whose agent, incurs expenditure—

(a) in complying with a repair notice, or

(b) in defraying expenses incurred by the local housing authority under section 193 (execution of works by authority),

may recover from the lessor under the lease such part (if any) of the expenditure as may be agreed between the parties or, in default of agreement, is determined by the county court to be just.

(2) The county court in making the determination shall have regard in particular to—

(a) the obligations of the lessor and the lessee under the lease with respect to the repair of the house,

(b) the length of the unexpired term of the lease, and

(c) the rent payable under the lease.

(3) Where a person from whom a sum is recoverable under this section is himself a lessee of the house, the provisions of this section apply to that sum as they apply to expenditure of the kind mentioned in subsection (1).

(4) This section does not apply to expenditure in respect of which a charging order is in force under section 200 (charging order in favour of owner executing works) or in respect of which an application for such an order is pending.

200 Charging order in favour of owner executing works.

(1) Where an owner has completed, in respect of a house, works required to be executed by a repair notice, he may apply to the local housing authority for a charging order.

(2) An applicant for a charging order shall produce to the authority—

(a) the certificate of the proper officer of the authority that the works have been executed to his satisfaction, and

(b) the accounts of and vouchers for the expenses of the works.

(3) The authority, when satisfied that the owner has duly executed the required works and of the amount of the expenses, shall make an order accordingly charging on the premises an annuity to repay that amount together with the amount of the costs properly incurred in obtaining the charging order.

(4) The annuity charged shall be at the rate of £6 for every £100 of the aggregate amount charged, shall commence from the date of the order and shall be payable for a term of 30 years to the owner named in the order, his executors, administrators or assigns.

(5) A person aggrieved by the charging order may, within 21 days after notice of the order has been served upon him, appeal to the county courtX; and where notice of appeal has been given no proceedings shall be taken under the order until the appeal is determined or ceases to be prosecuted.

(6) The proper officer of the local housing authority shall file and record copies, certified by him to be true copies, of any charging order made under this section, the certificate given under subsection (2)(a) and the accounts as passed by the authority.

201 Form, effect, &c. of charging orders.

(1) A charging order under section 200 shall be in such form as the Secretary of State may prescribe.

(2) The charge created by such a charging order is a charge on the premises specified in the order having priority over all existing and future estates, interests and incumbrances, with the exception of—

(a) charges under section 229 (charge in favour of person executing works required by improvement notice);

(b) tithe rentcharge;

(c) charges within section 1(1)(a) of the [1975 c. 76.] Local Land Charges Act 1975 (statutory charges in favour of public authorities); and

(d) charges created under any Act authorising advances of public money.

(3) Charges under section 200 and section 229 (the corresponding provision in relation to improvement notices) take order as between themselves according to their respective dates.

(4) The annuity created by a charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge granted by deed out of the premises by the owner of the premises.

(5) The benefit of the charge may be from time to time transferred in like manner as a mortgage or rentcharge may be transferred, and the transfer shall be in such form as the Secretary of State may (prescribe.

(6) An owner of, or other person interested in, premises on which an annuity has been charged by a charging order under section 200 may at any time redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement, determined by the Secretary of State.

202 Owner not in receipt of rents, &c. to receive notice of proceedings.

If an owner of premises who is not the person in receipt of the rents and profits gives notice to the local housing authority of his interest in the premises, the authority shall give him notice of any proceedings taken by them in pursuance of this Part.

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

(1) Nothing in this Part 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 a repair notice is served.

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

(3) No action taken under this Part prejudices or affects any remedy available to the tenant of a house against his landlord, either at common law or otherwise.

204 Effect of approved proposals for re-development.

Where the local housing authority have under section 308 (owner’s re-development proposals) approved proposals for the re-development of land, no action shall be taken in relation to the land under this Part if and so long as the re-development is being proceeded with in accordance with the proposals and within the time limits specified by the authority, subject to any variation or extension approved by the authority.