Housing Act 1985

288 Obstructive buildings: expenses of local housing authority, &c. E+W

(1) Expenses incurred by the local housing authority under section 287(3) (execution of obstructive building order) after giving credit for any amount realised by the sale of materials, may be recovered by them from the owner of the building.

(2) If there is more than one owner—

(a) the expenses may be recovered by the authority from the owners in such shares as the court may determine to be just and equitable, and

(b) an owner who pays to the authority the full amount of their claim may recover from any other owner such contribution, if any, as the court may determine to be just and equitable.

(3) A surplus in the hands of the authority shall be paid by them to the owner of the building or, if there is more than one owner, as the owners may agree.

(4) If there is more than one owner and the owners do not agree as to the division of the surplus, the authority shall, by virtue of this subsection, be trustees of the surplus for the owners of the premises and section 63 of the M1 Trustee Act 1925 (which relates to payment into court by trustees) has effect accordingly.

(5) The county court has jurisdiction to hear and determine proceedings under subsection (1) or (2), and has jurisdiction under section 63 of the Trustee Act 1925 in relation to such a surplus as is referred to in subsection (4).

(6) In determining for the purposes of this section the shares in which expenses are to be paid or contributed by, or a surplus divided between, two or more owners of a building, the court shall have regard to all the circumstances of the case, including—

(a) their respective interests in the building, and

(b) their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.

Marginal Citations

M1 1925 c. 19.