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Local Government and Housing Act 1989

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Version Superseded: 06/04/2006

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4(1)In section 191 (appeals against repair notices), in subsection (1A) after the words “dwelling-house” there shall be inserted “ house in multiple occupation ” and after that subsection there shall be inserted the following subsection—E+W

(1B)Without prejudice to the generality of subsection (1), it shall be a ground of appeal, in the case of a repair notice under section 189, that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action; and, where the grounds on which an appeal is brought are or include that specified in this subsection, the court, on the hearing of the appeal, shall have regard to any guidance given to the local housing authority under section 604A.

(2)In subsection (3) of that section the words “(repair notice in respect of unfit dwelling-house)” shall be omitted and for the words from “the judge shall” onwards there shall be substituted— “ and the reason or one of the reasons for allowing the appeal is that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action, the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgement a finding to that effect ”.

(3)In subsection (3B) of that section after the words “dwelling-house”, in both places where they occur, there shall be inserted “ or house in multiple occupation ”.

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