Housing Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Housing Bill

Housing Bill
Part 7 — Supplementary and final provisions
139

198
Meaning of “person having control” and “person managing” etc.
(1)
In this Act “person having control”, in relation to premises, means (unless the
context otherwise requires) the person who receives the rack-rent of the
premises (whether on his own account or as agent or trustee of another
person), or who would so receive it if the premises were let at a rack-rent.
5
(2)
In subsection (1) “rack-rent” means a rent which is not less than two-thirds of
the full net annual value of the premises.
(3)
In this Act “person managing” means, in relation to premises, the person who,
being an owner or lessee of the premises—
(a)
receives (whether directly or through an agent or trustee) rents or other
10
payments from—
(i)
in the case of a house in multiple occupation, persons who are
tenants or licensees of parts of the premises; and
(ii)
in the case of a house to which Part 3 applies (see section 66(2)),
persons who are tenants or licensees of parts of the premises, or
15
of the whole of the premises; or
(b)
would so receive those rents or other payments but for having entered
into an arrangement (whether in pursuance of a court order or
otherwise) with another person who is not an owner or lessee of the
premises by virtue of which that other person receives the rents or other
20
payments;

and includes, where those rents or other payments are received through
another person as agent or trustee, that other person.
(4)
In its application to Part 1, subsection (3) has effect with the omission of
paragraph (a)(ii).
25
(5)
References in this Act to any person involved in the management of a house in
multiple occupation or a Part 3 house (see section 66(2)) include references to
the person managing it.
Final provisions
199
Minor and consequential amendments
30
(1)
Schedule 10 (which contains minor and consequential amendments) has effect.
(2)
The Secretary of State may by order make such supplementary, incidental or
consequential provision as he considers appropriate—
(a)
for the general purposes, or any particular purpose, of this Act; or
(b)
in consequence of any provision made by or under this Act or for giving
35
full effect to it.
(3)
An order under subsection (2) may modify any enactment (including this Act).
“Enactment” includes an enactment comprised in subordinate legislation
(within the meaning of the Interpretation Act 1978 (c. 30).
(4)
The power conferred by subsection (2) is also exercisable by the National
40
Assembly for Wales in relation to provision dealing with matters with respect
to which functions are exercisable by the Assembly.
(5)
Nothing in this Act affects the generality of the power conferred by this section.

Housing Bill
Part 7 — Supplementary and final provisions
140

200
Repeals
Schedule 11 (which contains repeals) has effect.
201
Devolution: Wales
In Schedule 1 to the National Assembly for Wales (Transfer of Functions)
Order 1999 (S.I. 1999/672) references to the following Acts are to be treated as
5
references to those Acts as amended by virtue of this Act—
(a)
the Housing Act 1985 (c. 68);
(b)
the Housing Act 1988 (c. 50);
(c)
the Housing Act 1996 (c. 52).
202
The Isles of Scilly
10
(1)
This Secretary of State may by order provide that, in its application to the Isles
of Scilly, this Act is have effect with such modifications as are specified in the
order.
(2)
Where a similar power is exercisable under another Act in relation to
provisions of that Act which are amended by this Act, the power is exercisable
15
in relation to those provisions as so amended.
203
Expenses
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State by virtue of this Act;
(b)
any increase attributable to this Act in the sums payable out of money
20
so provided under any other enactment.
204
Short title, commencement and extent
(1)
This Act may be cited as the Housing Act 2004.
(2)
The following provisions come into force on the day on which this Act is
passed—
25
(a)
sections 8, 143, 154, 187, 199(2) to (5), 201 to 203 and this section, and
(b)
any other provision of this Act so far as it confers any power to make
an order or regulations which is exercisable by the Secretary of State or
the National Assembly for Wales.
(3)
The following provisions come into force at the end of the period of two
30
months beginning with the day on which this Act is passed—
(a)
sections 147 to 153, 158 to 167, 171, 172, 181 to 186 and 188 to 198, and
(b)
Schedule 9.
(4)
Parts 1 to 4, and sections 146, 155 to 157, 168, 170, 173 to 180, 199(1) and 200 and
Schedules 10 and 11, come into force—
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(a)
in relation to Wales, on such day as the National Assembly for Wales
may by order appoint, and
(b)
otherwise, on such day as the Secretary of State may by order appoint.
(5)
Part 5 (other than section 143) comes into force on such day as the Secretary of
State may by order appoint.
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Housing Bill
Part 7 — Supplementary and final provisions
141

(6)
Section 169 and Schedule 8 come into force on such day as the National
Assembly for Wales may by order appoint.
(7)
Different days may be appointed for different purposes or different areas
under subsection (4), (5) or (6).
(8)
The Secretary of State may by order make such provision as he considers
5
necessary or expedient for transitory, transitional or saving purposes in
connection with the coming into force of any provision of this Act.
(9)
The power conferred by subsection (8) is also exercisable by the National
Assembly for Wales in relation to provision dealing with matters with respect
to which functions are exercisable by the Assembly
10
(10)
This Act extends to England and Wales only.

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 1 — Service of improvement notices
142

Schedules
Schedule 1
Section 16

Procedure and appeals relating to improvement notices
Part 1
Service of improvement notices
5
Service of improvement notices: premises licensed under Part 2 or 3
1     (1)
This paragraph applies where the specified premises in the case of an
improvement notice are—
(a)
a dwelling which is licensed under Part 3 of this Act, or
(b)
an HMO which is licensed under Part 2 or 3 of this Act.
10
      (2)
The local housing authority must serve the notice on the holder of the licence
under that Part.
Service of improvement notices: premises which are neither licensed under Part 2 or 3 nor flats
2     (1)
This paragraph applies where the specified premises in the case of an
improvement notice are—
15
(a)
a dwelling which is not licensed under Part 3 of this Act, or
(b)
an HMO which is not licensed under Part 2 or 3 of this Act,

and which (in either case) is not a flat.
      (2)
The local housing authority must serve the notice—
(a)
(in the case of a dwelling) on the person having control of the
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dwelling;
(b)
(in the case of an HMO) either on the person having control of the
HMO or on the person managing it.
Service of improvement notices: flats which are not licensed under Part 2 or 3
3     (1)
This paragraph applies where any specified premises in the case of an
25
improvement notice are—
(a)
a dwelling which is not licensed under Part 3 of this Act, or
(b)
an HMO which is not licensed under Part 2 or 3 of this Act,

and which (in either case) is a flat.
      (2)
In the case of dwelling which is a flat, the local housing authority must serve
30
the notice on a person who—
(a)
is an owner of the flat, and
(b)
in the authority’s opinion ought to take the action specified in the
notice.

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 2 — Service of notices relating to revocation or variation of improvement notice
143

      (3)
In the case of an HMO which is a flat, the local housing authority must serve
the notice either on a person who—
(a)
is an owner of the flat, and
(b)
in the authority’s opinion ought to take the action specified in the
notice,
5

or on the person managing the flat.
Service of improvement notices: common parts
4     (1)
This paragraph applies where any specified premises in the case of an
improvement notice are—
(a)
common parts of a building containing one or more flats; or
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(b)
any part of such a building which does not consist of residential
premises.
      (2)
The local housing authority must serve the notice on a person who—
(a)
is an owner of the specified premises concerned, and
(b)
in the authority’s opinion ought to take the action specified in the
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notice.
      (3)
For the purposes of this paragraph a person is an owner of any common
parts of a building if he is an owner of the building or part of the building
concerned, or (in the case of external common parts) of the particular
premises in which the common parts are comprised.
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Service of copies of improvement notices
5     (1)
In addition to serving an improvement notice in accordance with any of
paragraphs 1 to 4, the local housing authority must serve a copy of the notice
on every other person who, to their knowledge—
(a)
has a relevant interest in any specified premises, or
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(b)
is an occupier of any such premises.
      (2)
A “relevant interest” means an interest as freeholder, mortgagee or lessee.
      (3)
For the purposes of this paragraph a person has a relevant interest in any
common parts of a building if he has a relevant interest in the building or
part of the building concerned, or (in the case of external common parts) in
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the particular premises in which the common parts are comprised.
      (4)
The copies required to be served under sub-paragraph (2) must be served
within the period of seven days beginning with the day on which the notice
is served.
Part 2
35
Service of notices relating to revocation or variation of improvement notice
Notice of revocation or variation
6     (1)
This paragraph applies where the local housing authority decide to revoke
or vary an improvement notice.
      (2)
The authority must serve—
40
(a)
a notice under this paragraph, and
(b)
copies of that notice,

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 2 — Service of notices relating to revocation or variation of improvement notice
144


on the persons on whom they would be required under Part 1 of this
Schedule to serve an improvement notice and copies of it in respect of the
specified premises.
      (3)
Sub-paragraph (4) applies if, in so doing, the authority serve a notice under
this paragraph on a person who is not the person on whom the improvement
5
notice was served (“the original recipient”).
      (4)
The authority must serve a copy of the notice under this paragraph on the
original recipient unless they consider that it would not be appropriate to do
so.
      (5)
The documents required to be served under sub-paragraph (2) must be
10
served within the period of seven days beginning with the day on which the
decision is made.
7
A notice under paragraph 6 must set out—
(a)
the authority’s decision to revoke or vary the improvement notice;
(b)
the reasons for the decision and the date on which it was made;
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(c)
if the decision is to vary the notice—
(i)
the right of appeal against the decision under Part 3 of this
Schedule, and
(ii)
the period within which an appeal may be made (see
paragraph 14(2)).
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Notice of refusal to revoke or vary notice
8     (1)
This paragraph applies where the local housing authority refuse to revoke
or vary an improvement notice.
      (2)
The authority must serve—
(a)
a notice under this paragraph, and
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(b)
copies of that notice,

on the persons on whom they would be required to serve an improvement
notice and copies of it under Part 1 of this Schedule.
      (3)
Sub-paragraph (4) applies if, in so doing, the authority serve a notice under
this paragraph on a person who is not the person on whom the improvement
30
notice was served (“the original recipient”).
      (4)
The authority must serve a copy of the notice under this paragraph on the
original recipient unless they consider that it would not be appropriate to do
so.
      (5)
The documents required to be served under sub-paragraph (2) must be
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served within the period of seven days beginning with the day on which the
decision is made.
9
A notice under paragraph 8 must set out—
(a)
the authority’s decision not to revoke or vary the improvement
notice;
40
(b)
the reasons for the decision and the date on which it was made;
(c)
the right of appeal against the decision under Part 3 of this Schedule;
and
(d)
the period within which an appeal may be made (see paragraph
14(2)).
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Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 3 — Appeals relating to improvement notices
145

Part 3
Appeals relating to improvement notices
Appeal against improvement notice
10    (1)
The person on whom an improvement notice is served may appeal to a
county court against the notice.
5
      (2)
Paragraphs 11 and 12 set out two specific grounds on which an appeal may
be made under this paragraph, but they do not affect the generality of sub-
paragraph (1).
11    (1)
An appeal may be made by a person under paragraph 10 on the ground that
one or more other persons, as an owner or owners of the specified premises,
10
ought to—
(a)
take the action concerned, or
(b)
pay the whole or part of the cost of taking that action.
      (2)
Where the grounds on which an appeal is made under paragraph 10 consist
of or include the ground mentioned in sub-paragraph (1), the appellant must
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serve a copy of his notice of appeal on the other person or persons
concerned.
12    (1)
An appeal may be made by a person under paragraph 10 on the ground that
one of the courses of action mentioned in sub-paragraph (2) is the best
course of action in relation to the hazard in respect of which the notice was
20
served.
      (2)
The courses of action are—
(a)
making a prohibition order under section 18 or 19 of this Act;
(b)
serving a hazard awareness notice under section 26 or 27 of this Act;
and
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(c)
making a demolition order under section 265 of the Housing Act
1985 (c. 68).
Appeal against decision relating to variation or revocation of improvement notice
13    (1)
The relevant person may appeal to a county court against—
(a)
a decision by the local housing authority to vary an improvement
30
notice, or
(b)
a decision by the authority to refuse to revoke or vary an
improvement notice.
      (2)
In sub-paragraph (1) “the relevant person” means—
(a)
in relation to a decision within paragraph (a) of that provision, the
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person on whom the notice was served;
(b)
in relation to a decision within paragraph (b) of that provision, the
person who applied for the revocation or variation.
Time limit for appeal
14    (1)
Any appeal under paragraph 10 must be made within the period of 21 days
40
beginning with the date on which the improvement notice was served in
accordance with Part 1 of this Schedule.