Housing Act 1985

369 The management code. E+W

(1) The Secretary of State may, with a view to providing a code for the management of houses in multiple occupation, by regulations make provision for ensuring that the person managing a house in multiple occupation observes proper standards of management.

(2) [F1 Subject to subsection (2A)] the regulations may, in particular, require the person managing the house to ensure the repair, maintenance, cleansing and good order of—

• all means of water supply and drainage in the house,

• [F2 all means of escape from fire and all apparatus, systems and other things provided by way of fire precautions;]

• kitchens, bathrooms and water closets in common use,

• sinks and wash-basins in common use,

• common staircases, corridors and passage ways, and

• outbuildings, yards and gardens in common use,

and to make satisfactory arrangements for the disposal of refuse and litter from the house [F3 and to ensure that all means of escape from fire are kept clear of obstructions].

[F4 (2A) The person managing the house shall only be liable by virtue of the regulations under subsection (2) to ensure the repair, maintenance, cleansing and good order of any premises outside the house if and to the extent that he has power or is otherwise liable to ensure those matters in respect of any such premises.]

(3) The regulations may—

(a) make different provision for different types of house;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(c) impose duties on persons who have an estate or interest in a house or part of a house to which the regulations apply as to the giving of information to the local housing authority, . . . F6 ;

(d) impose duties on persons who live in the house for the purpose of ensuring that the person managing the house can effectively carry out the duties imposed on him by the regulations;

(e) authorise the local housing authority to obtain information as to the number of individuals or households accommodated in the house;

(f) . . . F5

(g) contain such other incidental and supplementary provisions as may appear to the Secretary of State to be expedient.

(4) Regulations under this section may vary or replace for the purposes of this section and of the regulations made under it the definition given in section 398 of the “person managing” a house.

(5) A person who knowingly contravenes or without reasonable excuse fails to comply with a regulation under this section . . . F7 commits a summary offence and is liable on conviction to a fine not exceeding [F8 level 5] on the standard scale.

(6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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. 56(1)

F2 Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 56(1)

F3 Words added by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 56(1)

F4 S. 369(2A) inserted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 56(2)

F5 S. 369(3)(b)(f) repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(c), 194(4), Sch. 9 Pt. III para. 56(3), Sch. 12 Pt. II

F6 Words repealed by Local Government and Housing Act 1989 (c.42, SIF 61), ss. 165(1)(b), 194(4), Sch. 9 Pt. III para. 56(3), Sch. 12 Pt. II

F7 Words repealed by Local Government and Housing Act 1989 (c.42, SIF 61), ss. 165(1)(c), 194(4), Sch. 9 Pt. III para. 56(4), Sch. 12 Pt. II

F8 Words in s. 369(5) substituted (3.3.1997) by 1996 c. 52, s. 78(6); S.I. 1997/350, art. 2

Modifications etc. (not altering text)

C1 By S.I. 1990/830, arts. 2(1), 3 it is provided that for the purposes of section 369 of the Housing Act 1985 the definition of “person managing” in section 398(6) of the Act shall be varied by the insertion of the words “; and for the purposes of the foregoing paragraphs, where rents or other payments are received by means of a payment made on behalf of any person, they shall be treated as rents or other payments received from that person.”