Housing Grants, Construction and Regeneration Act 1996

Valid from 17/12/1996

88 Recovery of charge for enforcement action. E+W

(1) The following provisions have effect with respect to the recovery of a charge under section 87.

(2) The charge may be recovered by the authority concerned from—

(a) in the case of a notice under section 81 of this Act, or section 189 or 190 of the M1 Housing Act 1985, any person on whom the notice is served;

(b) in the case of a renewal of a notice under section 84 of this Act, any person on whom notice of the decision to renew the notice is served;

(c) in the case of an order under section 264 or 265 of the Housing Act 1985, any person on whom notice of the order is served as an owner of the premises.

(3) A demand for payment of the charge shall be served on the person from whom the authority seeks to recover it.

(4) The demand becomes operative, if no appeal is brought against the underlying notice, decision or order, on the expiry of the period of 21 days from the service of the demand.

(5) The sum recoverable by the authority is, until recovered, a charge on the premises concerned; and—

(a) the charge takes effect when the demand becomes operative,

(b) the authority have for the purpose of enforcing the charge the same powers and remedies under the M2 Law of Property Act 1925 and otherwise as if they were mortgagees by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver, and

(c) the power of appointing a receiver is exercisable at any time after the expiration of one month from the date when the charge takes effect.

Marginal Citations

M1 1985 c. 68.

M2 1925 c. 20.