Part 1Housing conditions
Chapter 2Improvement notices, prohibition orders and hazard awareness notices
Improvement notices
I119Change in person liable to comply with improvement notice
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.