PART VI REPAIR NOTICES

Repair Notices

190 Repair notice in respect of F1dwelling-houseF2or house in multiple occupation in state of disrepair but not unfit.

(1)

F3Subject to subsection (1B) Where the local housing authority—

(a)

are satisfied that a F1dwelling-houseF2or 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 F4whether on a representation made by an occupying tenant F4or otherwise that a F1dwelling-houseF2or 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, F5or, 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 F1dwelling-houseF2or house in multiple occupation.

F6(1A)

F7Subject to subsection (1B) Where the local housing authority—

(a)

are satisfied that a building containing a flat F8including 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, F9or, 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.

F10(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 F11to 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 F12twenty-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

F13(a)

on the person having control of F14the dwelling-house or part of the building concernedF15or

(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,

F14shall serve a copy of the notice on any other person having an interest in F14the dwelling-house F16part of the building or house concerned, whether as freeholder, mortgagee, F14or 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.

F17(5)

A repair notice under this section which has become operative is a local land charge.