Housing Act 2004

19 Change in person liable to comply with improvement notice E+W

(1) This section applies where—

(a) an improvement notice has been served on any person (“the original recipient”) in respect of any premises, and

(b) at a later date (“the changeover date”) that person ceases to be a person of the relevant category in respect of the premises.

(2) In subsection (1) the reference to a person ceasing to be a “person of the relevant category” is a reference to his ceasing to fall within the description of person (such as, for example, the holder of a licence under Part 2 or 3 or the person managing a dwelling) by reference to which the improvement notice was served on him.

(3) As from the changeover date, the liable person in respect of the premises is to be in the same position as if—

(a) the improvement notice had originally been served on him, and

(b) he had taken all steps relevant for the purposes of this Part which the original recipient had taken.

(4) The effect of subsection (3) is that, in particular, any period for compliance with the notice or for bringing any appeal is unaffected.

(5) But where the original recipient has become subject to any liability arising by virtue of this Part before the changeover date, subsection (3) does not have the effect of—

(a) relieving him of the liability, or

(b) making the new liable person subject to it.

(6) Subsection (3) applies with any necessary modifications where a person to whom it applies (by virtue of any provision of this section) ceases to be the liable person in respect of the premises.

(7) Unless subsection (8) or (9) applies, the person who is at any time the “liable person” in respect of any premises is the person having control of the premises.

(8) If—

(a) the original recipient was served as the person managing the premises, and

(b) there is a new person managing the premises as from the changeover date,

that new person is the “liable person”.

(9) If the original recipient was served as an owner of the premises, the “liable person” is the owner’s successor in title on the changeover date.

Commencement Information

I1 S. 19 wholly in force at 16.6.2006; s. 19 not in force at Royal Assent see s. 270(4)(5); s. 19 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); s. 19 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)