Housing Act 1985

352 Power to require execution of works to render premises fit for number of occupants. E+W

(1) [F1 Subject to section 365] the local housing authority may serve a notice under this section where [F2 in the opinion of the authority, a house in multiple occupation fails to meet one or more of the requirements in paragraphs (a) to (e) of subsection (1A) and, having regard to the number of individuals or households or both for the time being accommodated on the premises, by reason of that failure the premises are not reasonably suitable for occupation by those individuals or households.

(1A) The requirements in respect of a house in multiple occupation referred to in subsection (1) are the following, that is to say,—

(a) there are satisfactory facilities for the storage, preparation and cooking of food including an adequate number of sinks with a satisfactory supply of hot and cold water;

(b) it has an adequate number of suitably located water-closets for the exclusive use of the occupants;

(c) it has, for the exclusive use of the occupants, an adequate number of suitably located fixed baths or showers and wash-hand basins each of which is provided with a satisfactory supply of hot and cold water;

(d) subject to section 365, there are adequate means of escape from fire: and

(e) there are adequate other fire precautions.]

(2) [F3 Subject to subsection (2A)] the notice shall specify the works which in the opinion of the authority are required for rendering the [F4 house] reasonably suitable—

(a) for occupation by the individuals and households for the time being accommodated there, or

(b) for a smaller number of individuals or households and the number of individuals or households, or both, which, in the opinion of the authority, the [F4 house] could reasonably accommodate if the works were carried out [F5 but the notice shall not specify any works to any premises outside the house].

[F6 (2A) Where the authority have exercised or propose to exercise their powers under section 368 to secure that part of the house is not used for human habitation, they may specify in the notice such work only as in their opinion is required to meet such of the requirements in subsection (1A) as may be applicable if that part is not so used.]

(3) The notice may be served—

(a) on the person having control of the house, or

[F7 (b) on the person managing the house;]

and the authority shall inform any other person who is to their knowledge an owner, lessee [F8 occupier] or mortgagee of the house of the fact that the notice has been served.

(4) The notice shall require the person on whom it is served to execute the works specified in the notice [F9 as follows, namely,—

(a) to begin those works not later than such reasonable date, being not earlier than the twenty-first day after the date of service of the notice, as is specified in the notice; and

(b) to complete those works within such reasonable period as is so specified.]

(5) If the authority are satisfied that—

(a) after the service of a notice under this section the number of individuals living on the premises has been reduced to a level which will make the works specified in the notice unnecessary, and

(b) that number will be maintained at or below that level, whether in consequence of the exercise of the authority’s powers under section 354 (power to limit number of occupants of house) or otherwise,

they may withdraw the notice by notifying that fact in writing to the person on whom the notice was served, but without prejudice to the issue of a further notice.

[F10 (5A) A notice served under this section is a local land charge.

(5B) Each local housing authority shall—

(a) maintain a register of notices served by the authority under subsection (1) after the coming into force of this subsection;

(b) ensure the register is open to inspection by the public free of charge at all reasonable hours; and

(c) on request, and on payment of any such reasonable fee as the authority may require, supply copies of entries in the register to any person.]

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

[F12 (7) Where a local housing authority serve a notice under this section in respect of any of the requirements specified in subsection (1A), and the works specified in the notice are carried out, whether by the person on whom the notice was served or by the local housing authority under section 375, the authority shall not, within the period of five years from the service of the notice, serve another notice under this section in respect of the same requirement unless they consider that there has been a change of circumstances in relation to the premises.

(8) Such a change may, in particular, relate to the condition of the premises or the availability or use of the facilities mentioned in subsection (1A).]

Textual Amendments

F1 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 49(1)

F2 Words beginning “in the opinion” and s. 352(1A) substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 49(1) it is provided that in s. 352(1)

F3 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 49(2)

F4 Word substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 49(2)

F5 Words added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 49(2)

F6 S. 352(2A) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 49(3)

F7 S. 352(3)(b) substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 49(4)

F8 Word inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 49(4)

F9 Words beginning “as follows,” and s. 352(4)(a)(b) substituted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 50(a)

F10 S. 352(5A)(5B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 49(5)

F11 S. 352(6) repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(c), 194(4), Sch. 9 Pt. III para. 49(6), Sch. 12 Pt. II

F12 S. 352(7)(8) inserted (3.3.1997) by 1996 c. 52, s. 71(1) (with s. 71(2)); S.I. 1997/350, art. 2