Housing Act 1985

381 General effect of control order. E+W

(1) While a control order is in force the local housing authority—

(a) have the right to possession of the premises,

(b) have the right to do (and authorise others to do) in relation to the premises anything which a person having an estate or interest in the premises would, but for the making of the order, be entitled to do, without incurring any liability to any such person except as expressly provided by this Part, and

(c) may, notwithstanding that they do not, under this section, have an interest amounting to an estate in law in the premises, create an interest in the premises which, as near as may be, has the incidents of a leasehold;

but subject to section 382 as regards the rights of persons occupying parts of the house under existing tenancies or agreements.

(2) The local housing authority shall not, without the consent in writing of the person or persons who would have power to create the right if the control order were not in force, create in exercise of the powers conferred by this section any right in the nature of a lease or licence which is for a fixed term exceeding one month or is terminable by notice to quit (or an equivalent notice) of more than four weeks.

(3) Any enactment or rule of law relating to landlords and tenants or leases applies in relation to—

(a) an interest created under this section, or

(b) a lease to which the authority become a party under section 382,

as if the authority were the legal owner of the premises; but subject to the provisions of section 382, relating to the Rent Acts [F1 and Part I of the Housing Act 1988].

(4) On the coming into force of a control order any notice direction or order under section 352, 354, . . . F2 , . . . F3 or 372 shall cease to have effect as respects the house to which the control order applies, but without prejudice to any criminal liability incurred before the coming into force of the control order, or to the right of the local housing authority to recover any expenses incurred in carrying out works.

(5) A control order is a local land charge.

(6) References in any enactment to housing accommodation provided or managed by the local housing authority do not include a house which is subject to a control order.

Textual Amendments

F1 Words inserted by Housing Act 1988 (c. 50, SIF 61), s. 140(1), Sch. 17 Pt. I para. 51

F2 Figures repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(4), Sch. 12 Pt. II

F3 Figures repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(b), 194(4), Sch. 9 Pt. II para. 57, Sch. 12 Pt. II Note 2