Local Government and Housing Act 1989 (c. 42)

SCHEDULES

SCHEDULE 9 E+W Amendments of Parts VI, IX, XI, XVII and XVIII of the Housing Act 1985

Part V E+W Amendments of Part XVIII

83 E+W For section 604 there shall be substituted the following section—

“604 Fitness for human habitation.

(1) Subject to subsection (2) below, a dwelling-house is fit for human habitation for the purposes of this Act unless, in the opinion of the local housing authority, it fails to meet one or more of the requirements in paragraphs (a) to (i) below and, by reason of that failure, is not reasonably suitable for occupation,—

(a) it is structurally stable;

(b) it is free from serious disrepair;

(c) it is free from dampness prejudicial to the health of the occupants (ifany);

(d) it has adequate provision for lighting, heating and ventilation;

(e) it has an adequate piped supply of wholesome water;

(f) there are satisfactory facilities in the dwelling-house for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;

(g) it has a suitably located water-closet for the exclusive use of the occupants (if any);

(h) it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and wash-hand basin each of which is provided with a satisfactory supply of hot and cold water; and

(i) it has an effective system for the draining of foul, waste and surface water;

and any reference to a dwelling-house being unfit for human habitation shall be construed accordingly.

(2) Whether or not a dwelling-house which is a flat satisfies the requirements in subsection (1), it is unfit for human habitation for the purposes of this Act if, in the opinion of the local housing authority, the building or a part of the building outside the flat fails to meet one or more of the requirements in paragraphs (a) to (e) below and, by reason of that failure, the flat is not reasonably suitable for occupation,—

(a) the building or part is structurally stable;

(b) it is free from serious disrepair;

(c) it is free from dampness;

(d) it has adequate provision for ventilation; and

(e) it has an effective system for the draining of foul, waste and surfacewater.

(3) Subsection (1) applies in relation to a house in multiple occupation with the substitution of a reference to the house for any reference to a dwelling-house.

(4) Subsection (2) applies in relation to a flat in multiple occupation with the substitution for any reference to a dwelling-house which is a flat of a reference to the flat in multiple occupation.

(5) The Secretary of State may by order amend the provisions of subsection (1) or subsection (2) in such manner and to such extent as he considers appropriate; and any such order—

(a) may contain such transitional and supplementary provisions as the Secretary of State considers expedient; and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”

84 E+W After that section there shall be inserted the following section—

“604A Authority to consider guidance given by Secretary of State in deciding whether to take action under section 189, section 264, section 265 or section 289.

(1) In deciding for the purposes of sections 189, 264, 265 and 289 whether the most satisfactory course of action, in respect of any dwelling-house, house in multiple occupation or building, is, if applicable,—

(a) serving notice under subsection (1) of section 189; or

(b) serving notice under subsection (1A) of that section; or

(c) making a closing order under subsection (1) of section 264; or

(d) making a closing order under subsection (2) of that section with respect to the whole or a part of the building concerned; or

(e) making a demolition order under subsection (1) of section 265; or

(f) making a demolition order under subsection (2) of that section; or

(g) declaring the area in which the dwelling-house, house in multiple occupation or building is situated to be a clearance area in accordance with section 289;

the local housing authority shall have regard to such guidance as may from time to time be given by the Secretary of State.

(2) The Secretary of State may give guidance under subsection (1) to authorities generally or may give different guidance to different descriptions of authority or to authorities in different areas; and, without prejudice to the matters in respect of which the Secretary of State may give guidance, he may, in particular, give guidance in respect of financial and social considerations to be taken into account by authorities.

(3) Where the Secretary of State proposes to give guidance under subsection (1), or to revise guidance already given, he shall lay a draft of the proposed guidance or alterations before each House of Parliament and—

(a) he shall not give the guidance or revise the guidance until after the expiration of the period of forty days beginning with the day on which the draft is laid (or, if copies are laid before each House of Parliament on different days, with the later of those days); and

(b) if within that period either House resolves that the guidance or alterations be withdrawn he shall not proceed with the proposed alterations (but without prejudice to the laying of a further draft).

(4) In computing for the purposes of subsection (3) the period of forty days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.”

85 E+W For section 605 there shall be substituted the following section—

“605 Consideration by local housing authority of housing conditions in their district.

(1) The local housing authority shall at least once in each year consider the housing conditions in their district with a view to determining what action to take in performance of their functions under—

(a) Part VI (repair notices);

(b) Part IX (slum clearance);

(c) Part XI (houses in multiple occupation);

(d) Part VII of the Local Government and Housing Act 1989 (renewal areas); and

(e) Part VIII of that Act (grants towards cost of improvements and repairs etc.).

(2) For the purposes of carrying out their duty under subsection (1), the authority and their officers shall comply with any directions the Secretary of State may give and shall keep such records and supply him with such information as he may specify.”

86 E+W In section 606 (reports on particular houses or areas), for the word “house”, in each place where it occurs, there shall be substituted “ dwelling-house or house in multiple occupation ”.

87 E+W In section 608 (acquisition of ancient monuments etc.), in paragraph (a) the words from “section 192” to “beyond repair) or” shall be omitted.

88 E+W In section 610 (power of court to authorise conversion of houses into flats), in subsection (1)—

(a) for the words “a house” there shall be substituted “ any premises ”;

(b) for the word “house”, in each subsequent place where it occurs, there shall be substituted “ premises ”; and

(c) in paragraph (a) for the words “is situated, it” there shall besubstituted “ are situated, they ” and for the words “tenement” and “tenements” there shall be substituted “ dwelling-house ” and “ dwelling-houses ” respectively.

89 E+W In section 612 (exclusion of Rent Act protection) for the word “house” there shall be substituted “ dwelling-house ”.

90 (1) In section 623 (minor definitions: Part XVIII), for the definition of “house” there shall be substituted— E+W

““dwelling-house” and “flat”, except in the expression “flat in multiple occupation”, shall be construed in accordance with subsection (2);

“house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI;”.

(2) At the end of that section there shall be inserted the following subsection—

“(2) For the purposes of this Part, “dwelling-house” includes any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it and section 183 shall have effect to determine whether a dwelling-house is a flat.”

91 E+W In section 624 (index of defined expressions: Part XVIII)—

(a) the entry beginning “house” shall be omitted; and

(b) at the appropriate places in alphabetical order there shall be inserted the following entries—

“dwelling-house

section 623”

“flat

section 623”

“flat in multiple occupation

section 623”

“house in multiple occupation

section 623”