Housing Act 1985

Repair Notices

189 Repair notice in respect of unfit house.

(1) Where the local housing authority are satisfied that a house is unfit for human habitation, they shall serve a repair notice on the person having control of the house, unless they are satisfied that the house is not capable of being rendered so fit at reasonable expense.

(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 within such reasonable time, not being less than 21 days, as is specified in the notice, and

(b) state that in the opinion of the authority the works specified in the notice will render the house fit for human habitation.

(3) The authority, in addition to serving the notice on the person having control of the house, may serve a copy of the notice on any other person having an interest in the house, whether as freeholder, mortgagee, lessee or otherwise.

(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.

190 Repair notice in respect of house in state of disrepair but not unfit.

(1) Where the local housing authority—

(a) are satisfied that a house 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 on a representation made by an occupying tenant that a house 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,

they may serve a repair notice on the person having congrol of the house.

(2) A repair notice under this section shall require the person on whom it is served, within such reasonable time, not being less than 21 days, as is specified in the notice, to execute the works specified in the notice, not being works of internal decorative repair.

(3) The authority, in addition to serving the notice on the person having control of the house, may serve a copy of the notice on any other person having an interest in the house, whether as freeholder, mortgagee, lessee or otherwise.

(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.

191 Appeals against repair notices.

(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.

(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 (repair notice in respect of unfit house), the judge shall, if requested to do so by the local housing authority, include in his judgment a finding whether the house can or cannot be rendered fit for human habitation at a reasonable expense.

(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.

192 Power to purchase house found on appeal to be unfit and beyond repair at reasonable expense.

(1) Where a person has appealed against a repair notice under section 189 (repair notice in respect of unfit house) and the court in allowing the appeal has found that the house cannot be rendered fit for human habitation at a reasonable expense, the local housing authority may purchase the house by agreement or be authorised by the Secretary of State to purchase it compulsorily.

(2) The Secretary of State shall not confirm an order for the compulsory purchase of a house under this section unless the order is submitted to him within six months after the determination of the appeal.

(3) If an owner or mortgagee of the house undertakes to carry out to the satisfaction of the Secretary of State, within such period as the Secretary of State may fix, the works specified in the notice against which the appeal was brought, the Secretary of State shall not confirm the compulsory purchase order unless that person has failed to fulfil his undertaking.

(4) If the local housing authority purchase the house compulsorily they shall forthwith execute all the works specified in the notice against which the appeal was brought.