Housing Act 1985

377 Powers of court to facilitate execution of works, &c. E+W

(1) Where—

(a) a person is required by a notice under section 352, . . . F1 or 372 to execute works and

(b) another person having an estate or interest in the premises unreasonably refuses to give a consent required to enable the works to be executed,

the person required to execute the works may apply to the county court and the court may give the necessary consent in place of that other person.

(2) If a person, after receiving notice of the intended action—

(a) being the occupier of premises, prevents the owner or his officers, agents, servants or workmen, from carrying into effect with respect to the premises any of the preceding provisions of this Part, or

(b) being the owner or occupier of premises, prevents an officer, agent, servant or workman of the local housing authority from so doing,

a magistrates’ court may order him to permit to be done on the premises all things requisite for carrying into effect those provisions.

(3) A person who fails to comply with an order of the court under subsection (2) commits a summary offence and is liable on conviction to a fine not exceeding level 3 on the standard scale; and if the failure continues, he commits a further summary offence and is liable on conviction to a fine not exceeding [F2 one-tenth of the amount corresponding to that level] for every day or part of a day during which the failure continues.

Textual Amendments

F1 Figures repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(4), Sch. 12 Pt. II

F2 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 63