Housing Act 1985

Changes over time for: Section 189

Version Superseded: 06/04/2006

Alternative versions:

01/02/1991- Amendment
18/01/2005
Point in time
06/04/2006- Amendment

Status:

Point in time view as at 18/01/2005. This version of this provision has been superseded.

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Housing Act 1985, Section 189 is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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189 Repair notice in respect of unfit [F1dwelling-house].E+W

(1)[F2Subject to subsection (1A)] Where the local housing authority are satisfied that a [F1dwelling-house][F3or house in multiple occupation] is unfit for human habitation, they shall serve a repair notice on the person having control of the [F1dwelling-house][F4or house in multiple occupation][F4if 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 [F6either a dwelling-house which is a flat or a flat in multiple occupation] is unfit for human habitation [F6by virtue of section 604(2)], they shall serve a repair notice on the person having control of [F6the 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)][F9and to begin those works not later than such reasonable date, being not earlier than the [F10twenty-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 [F11dwelling-house][F8or, 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 [F13the dwelling-house or part of the building concerned][F14or

(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],

[F13shall] serve a copy of the notice on any other person having an interest in [F13the dwelling-house [F15part of the building or house] concerned], whether as freeholder, mortgagee, [F13or 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

F1Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 1(1)(b)

F2Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 1(1)(a)

F3Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(1)

F4Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(1)

F5S. 189(1A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 1(2)

F6Words 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)

F7S. 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)

F8Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 1(4)

F9Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 1(3)(a)