The Housing (Prescribed Forms) (No. 2) Regulations 1990

Statutory Instruments

1990 No. 1730

HOUSING, ENGLAND AND WALES

The Housing (Prescribed Forms) (No. 2) Regulations 1990

Made

21st August 1990

Laid before Parliament

29th August 1990

Coming into force

19th September 1990

The Secretary of State for the Environment as respects England, and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred on them by section 614 of the Housing Act 1985(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Housing (Prescribed Forms) (No. 2) Regulations 1990 and shall come into force on 19th September 1990.

Prescribed forms

2.—(1) The forms set out in the Schedule to these Regulations, or forms substantially to the like effect, shall be the forms to be used for the following purposes of the Housing Act 1985(2)—

(a) Forms 1, 2 and 3, as appropriate, for a repair notice under section 189 in respect of unfit premises;

(b) Form 4 for a repair notice under section 190(1) in respect of premises in a state of disrepair but not unfit and Form 5 for a repair notice under section 190(1A) served in respect of such premises on the person having control of them;

(c) Form 6 for a notice under section 352 requiring the execution of works to make a house in multiple occupation fit for the number of occupants;

(d) Form 7 for a notice under section 372 requiring the execution of works to remedy the neglect of management of a house in multiple occupation;

(e) Form 8 for a notice under section 194(1) or 375(3A) of a local housing authority’s intention to enter and execute works;

(f) Form 9 for a notice under sections 197, 319, 337, 340 or 395 before exercising powers of entry;

(g) Form 10 for a demand under paragraph 3 of Schedule 10 for recovery of expenses incurred by a local housing authority in carrying out works in default;

(h) Form 11 for a notice under paragraph 6A(1) of Schedule 10 requiring occupiers of premises to pay rent direct to a local housing authority;

(i) Form 12 for a notice under paragraph 6A(3) of Schedule 10 discontinuing the requirement that occupiers of premises pay rent direct to a local housing authority;

(j) Form 13 for a closing order under section 264;

(k) Form 14 for a demolition order under section 265;

(l) Form 15 for a notice under section 270 requiring an occupier to quit premises after a demolition order has become operative;

(m) Form 16 for a notice under section 273(1) of a local housing authority’s intention to cleanse premises subject to a demolition order;

(n) Form 17 for a notice under section 273(2) authorising an owner to proceed with demolition after premises have been cleansed;

(o) Form 18 for a closing order under section 275 or 304 in substitution for a demolition order;

(p) Form 19 for a demolition order under section 279 in substitution for a closing order;

(q) Form 20 for a notice under section 289(2B)(a) of a local housing authority’s intention to include a building in a clearance area;

(r) Form 21 for a notice under section 300 of a local housing authority’s determination to purchase premises liable to be demolished or closed;

(s) Form 22 for a certificate of fitness under section 310 resulting from an owner’s improvements or alterations to premises;

(t) Form 23 for a notice under section 330 revoking a licence authorising more than the permitted number to sleep in a dwelling;

(u) Form 24 for a notice under section 331 informing a landlord that a dwelling is overcrowded;

(v) Form 25 for a notice under section 335 requiring information about persons sleeping in a dwelling; (w) Form 26 for a notice under section 338 requiring an occupier of an overcrowded dwelling to abate the overcrowding;

(w) Form 26 for a notice under section 338 requiring an occupier of an overcrowded dwelling to abate the overcrowding;

(x) Form 27 for a notice under section 354(3) of a local housing authority’s intention to limit by direction the number of occupants of a house, or part of a house, in multiple occupation;

(y) Form 28 for a direction under section 354(1) limiting the number of occupants of a house, or part of a house, in multiple occupation;

(z) Form 29 for a notice under section 356 requiring information about the occupation of a house, or part of a house, in multiple occupation in respect of which a direction under section 354 is in force;

(aa) Form 30 for a revocation or variation under section 357 of a direction under section 354;

(ab) Form 31 for a notice under section 358(2) of a local housing authority’s intention to serve an overcrowding notice in respect of a house in multiple occupation;

(ac) Form 32 for an overcrowding notice under section 358(1) in respect of a house in multiple occupation;

(ad) Form 33 for a revocation or variation under section 363 of an overcrowding notice in respect of a house in multiple occupation;

(ae) Form 34 for a notice under section 364 requiring information where an overcrowding notice under section 358 is in force;

(af) Form 35 for a closing order under section 368 in respect of a part of a house in multiple occupation;

(ag) Form 36 for a control order under section 379 in respect of a house in multiple occupation;

(ah) Form 37 for a notice under section 379 accompanying a control order;

(ai) Form 38 for a notice under paragraph 25 of Schedule 13 of the balances payable to a dispossessed proprietor on the termination of a control order;

(aj) Form 39 for a notice under paragraph 26 of Schedule 13 to enable a local housing authority to recover capital expenditure incurred in carrying out works before a control order ceased to have effect.

(2) Form 8 is prescribed for use only in cases where the notice is served in relation to a repair notice served on or after 1st April 1990.

(3) Form 10 is prescribed for use only in cases where the demand is served in relation to a notice served under section 189, 190, 352 or, as the case may be, 372 on or after 1st April 1990.

(4) Forms 18 and 19 are prescribed for use only in cases where the closing order or, as the case may be, demolition order is made in substitution for a demolition order or, as the case may be, closing order made on or after 1st April 1990.

Signed by authority of the Secretary of State for the Environment

Michael Portillo

Minister of State,

Department of the Environment

17th August 1990

David Hunt

Secretary of State for Wales

21st August 1990

Regulation 2

SCHEDULE

FORM 1 HOUSING ACT 1985SECTION 189(1)

NOTICE TO EXECUTE REPAIRS TO AN UNFIT [DWELLING-HOUSE] [HOUSE IN MULTIPLE OCCUPATION] WHICH IS NOT A FLAT [IN MULTIPLE OCCUPATION]

FORM 2 HOUSING ACT 1985SECTION 189(1)

NOTICE TO EXECUTE REPAIRS TO AN UNFIT FLAT [IN MULTIPLE OCCUPATION]

FORM 3 HOUSING ACT 1985SECTION 189(1A)

NOTICE TO EXECUTE REPAIRS TO A PART OF A BUILDING CONTAINING AN UNFIT FLAT [IN MULTIPLE OCCUPATION]

FORM 4 HOUSING ACT 1985SECTION 190(1)

NOTICE TO EXECUTE REPAIRS TO A [DWELLING-HOUSE] [HOUSE IN MULTIPLE OCCUPATION]

FORM 5 HOUSING ACT 1985SECTION 190(1A)

NOTICE TO EXECUTE REPAIRS TO A PART OF A BUILDING CONTAINING A FLAT [IN MULTIPLE OCCUPATION]

FORM 6 HOUSING ACT 1985SECTION 352

NOTICE TO EXECUTE WORKS TO MAKE A HOUSE IN MULTIPLE OCCUPATION FIT FOR NUMBER OF OCCUPANTS

FORM 7 HOUSING ACT 1985SECTION 372

NOTICE TO EXECUTE WORKS TO REMEDY NEGLECT OF MANAGEMENT OF HOUSE IN MULTIPLE OCCUPATION

FORM 8 HOUSING ACT 1985SECTION [194(1)] [375(3A)]

NOTICE OF LOCAL HOUSING AUTHORITY'S INTENTION TO ENTER AND EXECUTE WORKS

FORM 9 HOUSING ACT 1985SECTION [197] [319] [337] [340] [395]

NOTICE BEFORE EXERCISING POWER OF ENTRY

FORM 10 HOUSING ACT 1985SCHEDULE 10, PARAGRAPH 3

DEMAND FOR RECOVERY OF EXPENSES INCURRED BY LOCAL HOUSING AUTHORITY

FORM 11 HOUSING ACT 1985SCHEDULE 10, PARAGRAPH 6A(1)

NOTICE REQUIRING PAYMENT OF RENT TO LOCAL HOUSING AUTHORITY

FORM 12 HOUSING ACT 1985SCHEDULE 10, PARAGRAPH 6A(3)

NOTICE DISCONTINUING THE REQUIREMENT TO PAY RENT TO THE LOCAL HOUSING AUTHORITY

FORM 13 HOUSING ACT 1985SECTION 264

CLOSING ORDER

FORM 14 HOUSING ACT 1985SECTION 265

DEMOLITION ORDER

FORM 15 HOUSING ACT 1985SECTION 270

NOTICE TO OCCUPIER TO QUIT PREMISES AFTER DEMOLITION ORDER HAS BECOME OPERATIVE

FORM 16 HOUSING ACT 1985SECTION 273(1)

NOTICE OF INTENTION TO CLEANSE PREMISES SUBJECT TO DEMOLITION ORDER

FORM 17 HOUSING ACT 1985SECTION 273(2)

NOTICE TO PROCEED WITH DEMOLITION AFTER CLEANSING OF PREMISES

FORM 18 HOUSING ACT 1985SECTIONS [275] [304]

CLOSING ORDER SUBSTITUTED FOR DEMOLITION ORDER

FORM 19 HOUSING ACT 1985SECTION 279

DEMOLITION ORDER SUBSTITUTED FOR CLOSING ORDER

FORM 20 HOUSING ACT 1985SECTION 289(2B)(a)

NOTICE OF INTENTION TO INCLUDE A BUILDING IN A CLEARANCE AREA

FORM 21 HOUSING ACT 1985SECTION 300

NOTICE OF DETERMINATION TO PURCHASE PREMISES LIABLE TO BE DEMOLISHED OR CLOSED

FORM 22 HOUSING ACT 1985SECTION 310

CERTIFICATE OF FITNESS RESULTING FROM OWNER'S IMPROVEMENTS OR ALTERATIONS

FORM 23 HOUSING ACT 1985SECTION 330

NOTICE REVOKING LICENCE AUTHORISING MORE THAN PERMITTED NUMBER TO SLEEP IN A DWELLING

FORM 24 HOUSING ACT 1985SECTION 331

NOTICE TO LANDLORD THAT DWELLING IS OVERCROWDED

FORM 25 HOUSING ACT 1985SECTION 335

NOTICE REQUIRING INFORMATION ABOUT PERSONS SLEEPING IN A DWELLING

FORM 26 HOUSING ACT 1985SECTION 338

NOTICE TO OCCUPIER TO ABATE OVERCROWDING

FORM 27 HOUSING ACT 1985SECTION 354(3)

NOTICE OF INTENTION TO LIMIT BY DIRECTION THE NUMBER OF OCCUPANTS OF A [HOUSE] [PART OF A HOUSE] IN MULTIPLE OPERATION

FORM 28 HOUSING ACT 1985SECTION 354(1)

DIRECTION TO LIMIT NUMBER OF OCCUPANTS OF A [HOUSE] [PART OF A HOUSE] IN MULTIPLE OCCUPATION

FORM 29 HOUSING ACT 1985SECTION 356

NOTICE REQUIRING INFORMATION AFTER A DIRECTION TO LIMIT NUMBER OF OCCUPANTS OF HOUSE IN MULTIPLE OCCUPATION

FORM 30 HOUSING ACT 1985SECTION 357

REVOCATION OR VARIATION OF A DIRECTION TO LIMIT NUMBER OF OCCUPANTS OF A [HOUSE] [PART OF A HOUSE] IN MULTIPLE OCCUPATION

FORM 31 HOUSING ACT 1985SECTION 358(2)

NOTICE OF INTENTION TO SERVE AN OVERCROWDING NOTICE IN RESPECT OF A HOUSE IN MULTIPLE OCCUPATION

FORM 32 HOUSING ACT 1985SECTION 358(1)

OVERCROWDING NOTICE IN RESPECT OF A HOUSE IN MULTIPLE OCCUPATION

FORM 33 HOUSING ACT 1985SECTION 363

REVOCATION OR VARIATION OF AN OVERCROWDING NOTICE IN RESPECT OF A HOUSE IN MULTIPLE OCCUPATION

FORM 34 HOUSING ACT 1985SECTION 364

Notice requiring information after service of an overcrowding notice in respect of a house in multiple occupation

FORM 35 HOUSING ACT 1985SECTION 368

CLOSING ORDER FOR PART OF A HOUSE IN MULTIPLE OCCUPATION

FORM 36 HOUSING ACT 1985SECTION 379

CONTROL ORDER

FORM 37 HOUSING ACT 1985SECTION 379

HOUSE IN MULTIPLE OCCUPATION NOTICE ACCOMPANYING CONTROL ORDER

FORM 38 HOUSING ACT 1985SCHEDULE 13 PARAGRAPH 25

NOTICE OF BALANCES PAYABLE TO DISPOSSESSED PROPRIETOR ON TERMINATION OF CONTROL ORDER

FORM 39 HOUSING ACT 1985SCHEDULE 13 PARAGRAPH 26

NOTICE SPECIFYING CAPITAL WORKS ON TERMINATION OF CONTROL ORDER

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe forms for use by local housing authorities for the purposes of Parts VI (repair notices), IX (slum clearance), X (overcrowding) and XI (houses in multiple occupation) of the Housing Act 1985.

The Housing (Prescribed Forms) Regulations 1990 (S.I. No. 1990/447) already prescribe the forms to be used for the following purposes of the 1985 Act—

(a) an order under section 294 (extinguishment of public rights of way over land acquired);

(b) a licence under section 330 (overcrowding);

(c) the information to be contained in rent books under section 332 (provisions regarding overcrowding).

(1)

1985 c. 68.

(2)

Relevant amendments are made in this Act by Schedule 15 to the Housing Act 1988 (c. 50) and Schedules 9, 11 and 12 to the Local Government and Housing Act 1989 (c. 42).