Housing Act 1985

Sections 193, 220 and 375.

SCHEDULE 10 Recovery of Expenses incurred by Local Housing Authority

Introductory.

1 The provisions of this Schedule have effect for enabling the local authority to recover expenses reasonably incurred by them in carrying out, in default of the person on whom the notice was served, works required to be carried out by a notice under—

• section 189 or 190 (repair notices),

• section 214 or 215 (improvement notices), or

• section 352, 366 or 372 (notices relating to houses in multiple occupation).

Recovery of expenses.

2 (1) The expenses are recoverable by the authority from the person on whom the notice was served.

(2) Where the person on whom the notice was served—

(a) in the case of a notice under section 189 or 190 (repair notices), receives the rent of the premises as agent or trustee for some other person, or

(b) in the case of a notice under section 352, 366 or 372 (notices relating to houses in multiple occupation), was only properly served with that notice as being an agent or trustee for some other person,

the expenses are also recoverable by the authority from that other person, or partly from him and partly from the person on whom the notice was served.

(3) Where the person on whom the notice was served proves—

(a) that sub-paragraph (2) applies, and

(b) that he has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability is limited to the total amount of the money which he has, or has had, in his hands as mentioned in paragraph (b).

(4) Expenses are not recoverable under this paragraph to the extent that they are by any direction of the court on appeal recoverable under an order of the court.

Service of demand.

3 (1) A demand for the expenses, together with interest in accordance with paragraph 4, shall be served on the person from whom the authority seek to recover them.

(2) On the date on which the demand is served, the authority shall serve a copy of it on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the premises.

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

Interest.

4 Expenses in respect of which a demand is served carry interest, at such reasonable rate as the authority may determine, from the date of service until payment of all sums due under the demand.

Order for payment by instalments.

5 (1) The authority may by order declare the expenses to be payable by weekly or other instalments within a period not exceeding 30 years, with interest at such reasonable rate as the authority may determine until the whole amount is paid.

(2) The order becomes operative, if no appeal is brought, on the expiry 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.

(3) The instalments and interest, or any part of them, may be recovered from any owner or occupier of the house and if recovered from an occupier may be deducted by him from the rent of the house.

Appeals.

6 (1) A person aggrieved by a demand for the recovery of expenses, or by an order of the local housing authority with respect to such expenses, may within 21 days of the service of the demand or copy, or of the order appeal to the county court.

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

(3) A demand or order against which an appeal is brought becomes operative, so far as it is confirmed on appeal, on the final determination of the appeal; and the withdrawal of an appeal has for this purpose the same effect as a decision dismissing the appeal.

(4) No question may be raised on appeal under this paragraph which might have been raised on an appeal against the relevant notice.

Expenses and interest to be a charge on the premises.

7 (1) The expenses recoverable by the authority, together with the interest accrued due, are, until recovered, a charge on the premises to which the notice related.

(2) The charge takes effect when the demand for the expenses and interest becomes operative.

(3) The authority have for the purpose of enforcing the charge the same powers and remedies, under the [1925 c. 20.] Law of Property Act 1925 and otherwise, as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

(4) The power of appointing a receiver is exercisable at any time after the expiration of one month from the date when the charge takes effect.

Recovery of expenses and interest from other persons profiting from execution of works.

8 (1) This paragraph applies only to notices under section 352, 366 or 372 (notices relating to houses in multiple occupation).

(2) If the authority apply to the county court and satisfy the court that—

(a) the expenses and interest have not been and are unlikely to be recovered, and

(b) some person is profiting by the execution of the works in respect of which the expenses were incurred to obtain rents or other payments which would not have been obtainable if the number of persons living in the premises was limited to that appropriate for the premises in their state before the works were executed,

the court may, if satisfied that that person has had proper notice of the application, order him to make such payments to the authority as may appear to the court to be just.