Housing Act 1985

Repair Notices E+W

189 Repair notice in respect of unfit [F1 dwelling-house]. E+W

(1) [F2 Subject to subsection (1A)] Where the local housing authority are satisfied that a [F1 dwelling-house][F3 or house in multiple occupation] is unfit for human habitation, they shall serve a repair notice on the person having control of the [F1 dwelling-house][F4 or house in multiple occupation][F4 if they are satisfied, in accordance with section 604A, that serving a notice under this subsection is the most satisfactory course of action].

[F5 (1A) Where the local housing authority are satisfied that [F6 either a dwelling-house which is a flat or a flat in multiple occupation] is unfit for human habitation [F6 by virtue of section 604(2)], they shall serve a repair notice on the person having control of [F6 the part of the building in question if they are satisfied, in accordance with section 604A, that serving a notice under this subsection is the most satisfactory course of action].]

[F7 (1B) In the case of a house in multiple occupation, a repair notice may be served on the person managing the house instead of on the person having control; and where a notice is so served, then, subject to section 191, the person managing the house shall be regarded as the person having control of it for the purposes of the provisions of this Part following that section.]

(2) A repair notice under this section shall—

(a) require the person on whom it is served to execute the works specified in the notice [F8 (which may be works of repair or improvement or both)][F9 and to begin those works not later than such reasonable date, being not earlier than the [F10 twenty-eighth day after the notice is served], as is specified in the notice and to complete those works within such reasonable time as is so specified, and]

(b) state that in the opinion of the authority the works specified in the notice will render the [F11 dwelling-house][F8 or, as the case may be, house in multiple occupation] fit for human habitation.

(3) The authority, in addition to serving the notice

[F12 (a)] on the person having control of [F13 the dwelling-house or part of the building concerned][F14 or

(b) on the person having control of or, as the case may be, on the person managing the house in multiple occupation which is concerned],

[F13 shall] serve a copy of the notice on any other person having an interest in [F13 the dwelling-house [F15 part of the building or house] concerned], whether as freeholder, mortgagee, [F13 or lessee].

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

[F16 (5) A repair notice under this section which has become operative is a local land charge.]

[F17 (6) This section has effect subject to the provisions of section 190A.]

Textual Amendments

F1 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 1(1)(b)

F2 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 1(1)(a)

F3 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(1)

F4 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(1)

F5 S. 189(1A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 1(2)

F6 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(2)(a)(b)(c)

F7 S. 189(1B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(3)

F8 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(4)

F9 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 1(3)(a)

F10 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(4)

F11 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 1(3)(b)

F12 Word inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(5)(a)

F13 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 1(4)

F14 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(5)(b)

F15 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(5)(c)

F16 S. 189(5) added by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 1(5)

F17 S. 189(6) added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(6)

190 Repair notice in respect of [F18 dwelling-house][F19 or house in multiple occupation] in state of disrepair but not unfit. E+W

(1) [F20 Subject to subsection (1B)] Where the local housing authority—

(a) are satisfied that a [F18 dwelling-house][F19 or house in multiple occupation] is in such a state of disrepair that, although not unfit for human habitation, substantial repairs are necessary to bring it up to a reasonable standard, having regard to its age, character and locality, or

(b) are satisfied [F21 whether] on a representation made by an occupying tenant [F21 or otherwise] that a [F18 dwelling-house][F19 or house in multiple occupation] is in such a state of disrepair that, although not unfit for human habitation, its condition is such as to interfere materially with the personal comfort of the occupying tenant, [F22 or, in the case of a house in multiple occupation, the persons occupying it (whether as tenants or licensees)]

they may serve a repair notice on the person having control of the [F18 dwelling-house][F19 or house in multiple occupation].

[F23 (1A) [F24 Subject to subsection (1B)] Where the local housing authority—

(a) are satisfied that a building containing a flat [F25 including a flat in multiple occupation] is in such a state of disrepair that, although the flat is not unfit for human habitation, substantial repairs are necessary to a part of the building outside the flat to bring the flat up to a reasonable standard, having regard to its age, character and locality, or

(b) are satisfied, whether on a representation made by an occupying tenant or otherwise, that a building containing a flat is in such a state of disrepair that, although the flat is not unfit for human habitation, the condition of a part of the building outside the flat is such as to interfere materially with the personal comfort of the occupying tenant, [F26 or, in the case of a flat in multiple occupation, the persons occupying it (whether as tenants or licensees)]

they may serve a repair notice on the person having control of the part of the building concerned.]

[F27 (1B) The authority may not serve a notice under subsection (1) or subsection (1A) unless—

(a) there is an occupying tenant of the dwelling-house or flat concerned; or

(b) the dwelling-house or building concerned falls within a renewal area within the meaning of Part VII of the Local Government and Housing Act 1989.

(1C) In the case of a house in multiple occupation, a notice under subsection (1) or subsection (1A) may be served on the person managing the house instead of on the person having control of it; and where a notice is so served, then, subject to section 191, the person managing the house shall be regarded as the person having control of it for the purposes of the provisions of this Part following that section.]

(2) A repair notice under this section shall require the person on whom it is served [F28 to execute the works specified in the notice, not being works of internal decorative repair, and—

(a) to begin those works not later than such reasonable date, being not earlier than the [F29 twenty-eighth day after the notice is served], as is specified in the notice; and

(b) to complete those works within such reasonable time as is so specified.]

(3) The authority, in addition to serving the notice

[F30 (a)] on the person having control of [F31 the dwelling-house or part of the building concerned][F32 or

(b) on the person having control of or, as the case may be, on the person managing the house in multiple occupation which is concerned],

[F31 shall] serve a copy of the notice on any other person having an interest in [F31 the dwelling-house [F33 part of the building or house] concerned], whether as freeholder, mortgagee, [F31 or lessee].

(4) The notice becomes operative, if no appeal is brought, on the expiry of 21 days from the date of service of the notice and is final and conclusive as to matters which could have been raised on an appeal.

[F34 (5) A repair notice under this section which has become operative is a local land charge.]

Textual Amendments

F18 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(1)(a)

F19 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(1)(b)

F20 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(1)(a)

F21 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(1)(b)

F22 Words added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(1)(b)

F23 S. 190(1A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(2)

F24 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(1)(a)

F25 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(1)(c)

F26 Words added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(1)(c)

F27 S. 190(1B)(1C) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(2)

F28 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(3)

F29 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(3)

F30 “(a)” inserted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(4)(a)

F31 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(4)

F32 Word “or” and s.190(3)(b) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(4)(b)

F33 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(4)(c)

F34 S. 190(5) added by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(5)

[F35 190A Effect on section 189 of proposal to include premises in group repair scheme. E+W

(1) A local housing authority shall not be under a duty to serve a repair notice under subsection (1) or, as the case may be, subsection (1A) of section 189 if, at the same time as they satisfy themselves as mentioned in the subsection in question, they determine—

(a) that the premises concerned form part of a building which would be a qualifying building in relation to a group repair scheme; and

(b) that, within the period of twelve months beginning at that time, they expect to prepare a group repair scheme in respect of the qualifying building (in this section referred to as a “relevant scheme”);

but where, having so determined, the authority do serve such a notice, they may do so with respect only to those works which, in their opinion, will not be carried out to the premises concerned in pursuance of the relevant scheme.

(2) Subject to subsection (3), subsection (1) shall apply in relation to the premises concerned from the time referred to in subsection (1) until the date on which the works specified in a relevant scheme are completed to the authority’s satisfaction (as certified under [F36 subsection 66(1) of the Housing Grants, Construction and Regeneration Act 1996).].

(3) Subsection (1) shall cease to have effect in relation to the premises concerned on the day when the first of the following events occurs, that is to say,—

(a) the local housing authority determine not to submit a relevant scheme to the Secretary of State for approval; or

(b) the expiry of the period referred to in subsection (1)(b) without either the approval of a relevant scheme within that period or the submission of a relevant scheme to the Secretary of State within that period; or

(c) the Secretary of State notifies the authority that he does not approve a relevant scheme; or

(d) the authority ascertain that a relevant scheme, as submitted or approved, will not, for whatever reason, involve the carrying out of any works to the premises concerned.

(4) In any case where, in accordance with subsection (1), the authority serve a repair notice under subsection (1) or, as the case may be, subsection (1A) of section 189 with respect only to certain of the works which would otherwise be specified in the notice, subsection (2)(b) of that section shall have effect with respect to the notice as if after the word “notice” there were inserted the words “when taken together with works proposed to be carried out under a group repair scheme”.

(5) In this section and section 189 “group repair scheme” and “qualifying building” have the same meaning as in [F37 Chapter II of Part I of the Housing Grants, Construction and Regeneration Act 1996 (group repair schemes).].]

Textual Amendments

F35 S. 190A inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 3

F36 Words in s. 190A(2) substituted (17.12.1996) by virtue of 1996 c. 53, s. 103, Sch. 1 para. 6(a); S.I. 1996/2842, art. 3

F37 Words in s. 190A(5) substituted (17.12.1996) by 1996 c. 53, s. 103, Sch. 1 para. 6(b); S.I. 1996/2842, art. 3

191 Appeals against repair notices. E+W

(1) A person aggrieved by a repair notice may within 21 days after the date of service of the notice, appeal to the county court.

[F38 (1A) Without prejudice to the generality of subsection (1), it shall be a ground of appeal that some person other than the appellant, being a person who is an owner in relation to the dwelling-house [F39 house in multiple occupation] or part of the building concerned, ought to execute the works or pay the whole or part of the cost of executing them.]

[F40 (1B) Without prejudice to the generality of subsection (1), it shall be a ground of appeal, in the case of a repair notice under section 189, that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action; and, where the grounds on which an appeal is brought are or include that specified in this subsection, the court, on the hearing of the appeal, shall have regard to any guidance given to the local housing authority under section 604A.]

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

(3) Where the appeal is allowed against a repair notice under section 189 . . . F41 , [F42 and the reason or one of the reasons for allowing the appeal is that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action, the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgement a finding to that effect].

[F43 (3A) Where the grounds on which an appeal is brought are or include that specified in subsection (1A), the appellant shall serve a copy of his notice of appeal on each other person referred to; and on the hearing of the appeal the court may—

(a) vary the repair notice so as to require the works to be executed by any such other person; or

(b) make such order as it thinks fit with respect to the payment to be made by any such other person to the appellant or, where the works are executed by the local housing authority, to the authority.

(3B) In the exercise of its powers under subsection (3A), the court shall take into account, as between the appellant and any such other person as is referred to in that subsection,—

(a) their relative interests in the dwelling-house [F44 or house in multiple occupation] or part of the building concerned (considering both the nature of the interests and the rights and obligations arising under or by virtue of them);

(b) their relative responsibility for the state of the dwelling-house [F44 or house in multiple occupation] or building which gives rise to the need for the execution of the works; and

(c) the relative degree of benefit to be derived from the execution of the works.

(3C) If, by virtue of the exercise of the court powers under subsection (3A), a person other than the appellant is required to execute the works specified in a repair notice, then, so long as that other person continues to be an owner in relation to the premises to which the notice relates, he shall be regarded as the person having control of those premises for the purposes of the following provisions of this Part.]

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

(a) a decision on the appeal confirming the notice (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 notice (with or without variation);

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

Textual Amendments

F38 S. 191(1A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 3(1)

F39 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 4(1)

F40 S.191(1B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 4(1)

F41 Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(a), 194(4), Sch. 9 Pt. I para. 4(2), Sch. 12 Pt. II

F42 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 4(2)

F43 S. 191(3A)(3B)(3C) inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 3(3)

F44 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 4(3)

Modifications etc. (not altering text)

C1 S. 191(1A)(1B) amended (17.12.1996) by S.I. 1996/2885, art. 4(2)

[F45 191A Execution of works by local housing authority by agreement E+W

(1) The local housing authority may by agreement with the person having control of any premises execute at his expense any works which he is required to execute in respect of the premises in pursuance of a repair notice served under section 189 or section 190.

(2) For that purpose the authority shall have all such rights as that person would have against any occupying tenant of, and any other person having an interest in, the premises (or any part of the premises).]

Textual Amendments

F45 S. 191A inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 5

192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46 E+W

Textual Amendments

F46 S. 192 repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(a), 194(4), Sch. 9 Pt. I para. 6, Sch. 12 Pt. II