Housing Act 1985

190 Repair notice in respect of [F1 dwelling-house][F2 or house in multiple occupation] in state of disrepair but not unfit. E+W

(1) [F3 Subject to subsection (1B)] Where the local housing authority—

(a) are satisfied that a [F1 dwelling-house][F2 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 [F4 whether] on a representation made by an occupying tenant [F4 or otherwise] that a [F1 dwelling-house][F2 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, [F5 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 [F1 dwelling-house][F2 or house in multiple occupation].

[F6 (1A) [F7 Subject to subsection (1B)] Where the local housing authority—

(a) are satisfied that a building containing a flat [F8 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, [F9 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.]

[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 [F11 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 [F12 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

[F13 (a)] on the person having control of [F14 the dwelling-house or part of the building concerned][F15 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],

[F14 shall] serve a copy of the notice on any other person having an interest in [F14 the dwelling-house [F16 part of the building or house] concerned], whether as freeholder, mortgagee, [F14 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.

[F17 (5) A repair notice under this section which has become operative is a local land charge.]

Textual Amendments

F1 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(1)(a)

F2 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)

F3 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)

F4 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(1)(b)

F5 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)

F6 S. 190(1A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(2)

F7 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)

F8 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)

F9 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)

F10 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)

F11 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(3)

F12 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 2(3)

F13 “(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)

F14 Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(4)

F15 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)

F16 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)

F17 S. 190(5) added by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 2(5)