Housing Act 1985

191 Appeals against repair notices. E+W

(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.

[F1 (1A) Without prejudice to the generality of subsection (1), it shall be a ground of appeal that some person other than the appellant, being a person who is an owner in relation to the dwelling-house [F2 house in multiple occupation] or part of the building concerned, ought to execute the works or pay the whole or part of the cost of executing them.]

[F3 (1B) Without prejudice to the generality of subsection (1), it shall be a ground of appeal, in the case of a repair notice under section 189, that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action; and, where the grounds on which an appeal is brought are or include that specified in this subsection, the court, on the hearing of the appeal, shall have regard to any guidance given to the local housing authority under section 604A.]

(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 . . . F4 , [F5 and the reason or one of the reasons for allowing the appeal is that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action, the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgement a finding to that effect].

[F6 (3A) Where the grounds on which an appeal is brought are or include that specified in subsection (1A), the appellant shall serve a copy of his notice of appeal on each other person referred to; and on the hearing of the appeal the court may—

(a) vary the repair notice so as to require the works to be executed by any such other person; or

(b) make such order as it thinks fit with respect to the payment to be made by any such other person to the appellant or, where the works are executed by the local housing authority, to the authority.

(3B) In the exercise of its powers under subsection (3A), the court shall take into account, as between the appellant and any such other person as is referred to in that subsection,—

(a) their relative interests in the dwelling-house [F7 or house in multiple occupation] or part of the building concerned (considering both the nature of the interests and the rights and obligations arising under or by virtue of them);

(b) their relative responsibility for the state of the dwelling-house [F7 or house in multiple occupation] or building which gives rise to the need for the execution of the works; and

(c) the relative degree of benefit to be derived from the execution of the works.

(3C) If, by virtue of the exercise of the court powers under subsection (3A), a person other than the appellant is required to execute the works specified in a repair notice, then, so long as that other person continues to be an owner in relation to the premises to which the notice relates, he shall be regarded as the person having control of those premises for the purposes of the following provisions of this Part.]

(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.

Textual Amendments

F1 S. 191(1A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 3(1)

F2 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 4(1)

F3 S.191(1B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 4(1)

F4 Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(a), 194(4), Sch. 9 Pt. I para. 4(2), Sch. 12 Pt. II

F5 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 4(2)

F6 S. 191(3A)(3B)(3C) inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 3(3)

F7 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(a), Sch. 9 Pt. I para. 4(3)

Modifications etc. (not altering text)

C1 S. 191(1A)(1B) amended (17.12.1996) by S.I. 1996/2885, art. 4(2)