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Housing Bill
Schedule 3 — Improvement notices: enforcement action by local housing authorities
Part 1 — Taking of action by agreement

153

 

(b)   

if an appeal to the Court of Appeal is brought, “the operative time”

is the time when a decision is given on the appeal which confirms the

variation.

      (4)  

For the purposes of sub-paragraph (3)—

(a)   

the withdrawal of an appeal has the same effect as a decision which

5

confirms the variation, and

(b)   

references to a decision which confirms the variation are to a decision

which confirms it with or without variation.

Meaning of “relevant person”

16    (1)  

In this Part of this Schedule “relevant person”, in relation to a prohibition

10

order, means a person who is—

(a)   

an owner or occupier of the whole or part of the specified premises,

(b)   

entitled or authorised to permit persons to occupy the whole or part

of those premises, or

(c)   

a mortgagee of the whole or part of those premises.

15

      (2)  

If any specified premises are common parts of a building containing one or

more flats, then in relation to those specified premises, “relevant person”

means every person who is an owner or mortgagee of the premises in which

the common parts are comprised.

Schedule 3

20

Section 29

 

Improvement notices: enforcement action by local housing authorities

Part 1

Taking of action by agreement

Power to take action by agreement

1     (1)  

The local housing authority may, by agreement with the person on whom an

25

improvement notice has been served, take any action which that person is

required to take in relation to any premises in pursuance of the notice.

      (2)  

For that purpose the authority have all the rights which that person would

have against any occupying tenant of, and any other person having an

interest in, the premises (or any part of the premises).

30

      (3)  

In this paragraph—

“improvement notice” means an improvement notice which has

become operative under Chapter 2 of Part 1 of this Act;

“occupying tenant”, in relation to any premises, means a person (other

than an owner-occupier) who—

35

(a)   

occupies or is entitled to occupy the premises as a lessee;

(b)   

is a statutory tenant of the premises;

(c)   

occupies the premises under a restricted contract;

(d)   

is a protected occupier within the meaning of the Rent

(Agriculture) Act 1976 (c. 80); or

40

(e)   

is a licensee under an assured agricultural occupancy;

 

 

Housing Bill
Schedule 3 — Improvement notices: enforcement action by local housing authorities
Part 2 — Powers to take action without agreement

154

 

“owner-occupier”, in relation to any premises, means the person who

occupies or is entitled to occupy the premises as owner or lessee

under a long tenancy (within the meaning of Part 1 of the Leasehold

Reform Act 1967 (c. 88)).

Expenses of taking action by agreement

5

2          

Any action taken by the local housing authority under paragraph 1 is to be

taken at the expense of the person on whom the notice is served.

Part 2

Powers to take action without agreement

Power to take action without agreement

10

3     (1)  

The local housing authority may themselves take the action required to be

taken in relation to a hazard by an improvement notice if sub-paragraph (2)

or (3) applies.

      (2)  

This sub-paragraph applies if the notice is not complied with in relation to

that hazard.

15

      (3)  

This sub-paragraph applies if, before the end of the period which under

section 28(2) is appropriate for completion of the action specified in the

notice in relation to the hazard, they consider that reasonable progress is not

being made towards compliance with the notice in relation to the hazard.

      (4)  

In this paragraph “improvement notice” means an improvement notice

20

which has become operative under Chapter 2 of Part 1 of this Act.

Notice requirements in relation to taking action without agreement

4     (1)  

The local housing authority must serve a notice under this paragraph before

they enter any premises under paragraph 3 for the purpose of taking action

in relation to a hazard.

25

      (2)  

The notice must identify the improvement notice to which it relates and

state—

(a)   

the premises and hazard concerned;

(b)   

that the authority intend to enter the premises;

(c)   

the action which the authority intend to take on the premises; and

30

(d)   

the power under which the authority intend to enter the premises

and take the action.

      (3)  

The notice must be served on the person on whom the improvement notice

was served.

      (4)  

A copy of the notice may also be served on any owner of the premises.

35

Obstruction of action taken without agreement

5     (1)  

If, at any relevant time—

(a)   

the person on whom the notice under paragraph 4 was served is on

the premises for the purpose of carrying out any works, or

(b)   

any workman employed by that person, or by any contractor

40

employed by that person, is on the premises for such a purpose,

 

 

Housing Bill
Schedule 3 — Improvement notices: enforcement action by local housing authorities
Part 3 — Recovery of certain expenses

155

 

           

that person is to be taken to have committed an offence under section 179(1).

      (2)  

In proceedings for such an offence it is a defence that there was an urgent

necessity to carry out the works in order to prevent danger to persons

occupying the premises.

      (3)  

In sub-paragraph (1) “relevant time” means any time—

5

(a)   

after the end of the period of 7 days beginning with the date of

service of the notice under paragraph 4, and

(b)   

when any workman or contractor employed by the local housing

authority is taking action on the premises which has been mentioned

in the notice in accordance with paragraph 4(2)(c).

10

Expenses in relation to taking action without agreement

6     (1)  

Part 3 of this Schedule applies with respect to the recovery by the local

housing authority of expenses incurred by them in taking action under

paragraph 3.

      (2)  

Sub-paragraph (3) applies where, after a local housing authority have given

15

notice under paragraph 4 of their intention to enter premises and take action,

the action is in fact taken by the person on whom the improvement notice is

served.

      (3)  

Any administrative and other expenses incurred by the authority with a

view to themselves taking the action are to be treated for the purposes of

20

Part 3 of this Schedule as expenses incurred by them in taking action under

paragraph 3.

Part 3

Recovery of certain expenses

Introductory

25

7          

This Part of this Schedule applies for the purpose of enabling a local housing

authority to recover expenses reasonably incurred by them in taking action

under paragraph 3.

Recovery of expenses

8     (1)  

The expenses are recoverable by the local housing authority from the person

30

on whom the improvement notice was served (“the relevant person”).

      (2)  

Where the relevant person receives the rent of the premises as agent or

trustee for another person, the expenses are also recoverable by the local

housing authority from the other person, or partly from him and partly from

the relevant person.

35

      (3)  

Sub-paragraph (4) applies where the relevant person proves in connection

with a demand under paragraph 9—

(a)   

that sub-paragraph (2) applies, and

(b)   

that he has not, and since the date of the service on him of the

demand has not had, in his hands on behalf of the other person

40

sufficient money to discharge the whole demand of the local housing

authority.

 

 

Housing Bill
Schedule 3 — Improvement notices: enforcement action by local housing authorities
Part 3 — Recovery of certain expenses

156

 

      (4)  

The liability of the relevant person is limited to the total amount of the

money which he has, or has had, in his hands as mentioned in sub-

paragraph (3)(b).

      (5)  

Expenses are not recoverable under this paragraph so far as they are, by any

direction of a court on appeal, recoverable under an order of the court.

5

Service of demand

9     (1)  

A demand for expenses recoverable under paragraph 8, together with

interest in accordance with paragraph 10, must be served on each person

from whom the local housing authority are seeking to recover them.

      (2)  

If no appeal is brought, the demand becomes operative at the end of the

10

period of 21 days beginning with the date of service of the demand.

      (3)  

A demand which becomes operative under sub-paragraph (2) is final and

conclusive as to matters which could have been raised on an appeal.

      (4)  

Paragraph 11 deals with appeals against demands.

Interest

15

10         

Expenses in respect of which a demand is served carry interest, at such

reasonable rate as the local housing authority may determine, from the date

of service until payment of all sums due under the demand.

Appeals

11    (1)  

A person on whom a demand for the recovery of expenses has been served

20

may appeal to a county court against the demand.

      (2)  

An appeal must be made within the period of 21 days beginning with the

date of service of the demand or copy of it under paragraph 9.

      (3)  

Where the demand relates to action taken by virtue of paragraph 3(3), an

appeal may be brought on the ground that reasonable progress was being

25

made towards compliance with the improvement notice when the local

housing authority gave notice under paragraph 4 of their intention to enter

and take the action.

           

This does not affect the generality of sub-paragraph (1).

      (4)  

The court may, on an appeal, make such order confirming, quashing or

30

varying the demand as it considers appropriate.

      (5)  

A demand against which an appeal is brought becomes operative as

follows—

(a)   

if a decision is given on the appeal which confirms the demand and

the period within which an appeal to the Court of Appeal may be

35

brought expires without such an appeal having been brought, the

demand becomes operative at end of that period;

(b)   

if an appeal to the Court of Appeal is brought and a decision is given

on the appeal which confirms the demand, the demand becomes

operative at the time of that decision.

40

      (6)  

For the purposes of sub-paragraph (5)—

(a)   

the withdrawal of an appeal has the same effect as a decision which

confirms the demand, and

 

 

Housing Bill
Schedule 3 — Improvement notices: enforcement action by local housing authorities
Part 3 — Recovery of certain expenses

157

 

(b)   

references to a decision which confirms the demand are to a decision

which confirms it with or without variation.

      (7)  

No question may be raised on appeal under this paragraph which might

have been raised on an appeal against the improvement notice.

Expenses and interest recoverable from occupiers

5

12    (1)  

Where a demand becomes operative by virtue of paragraph 9(2) or 11(5), the

local housing authority may serve a recovery notice on any person—

(a)   

who occupies the premises concerned, or part of those premises, as

the tenant or licensee of the person on whom the demand was served

under paragraph 9(1); and

10

(b)   

who, by virtue of his tenancy or licence, pays rent or any sum in the

nature of rent to the person on whom the demand was served.

      (2)  

A recovery notice is a notice—

(a)   

stating the amount of expenses recoverable by the local housing

authority; and

15

(b)   

requiring all future payments by the tenant or licensee of rent or

sums in the nature of rent (whether already accrued due or not) to be

made direct to the authority until the expenses recoverable by the

authority, together with any accrued interest on them, have been

duly paid.

20

      (3)  

In the case of a demand which was served on any person as agent or trustee

for another person (“the principal”), sub-paragraph (1) has effect as if the

references in paragraphs (a) and (b) to the person on whom the demand was

served were references to that person or the principal.

      (4)  

The effect of a recovery notice, once served under sub-paragraph (1), is to

25

transfer to the local housing authority the right to recover, receive and give

a discharge for the rent or sums in the nature of rent.

      (5)  

This is subject to any direction to the contrary contained in a further notice

served by the local housing authority on the tenant or licensee.

      (6)  

In addition, the right to recover, receive and give a discharge for any rent or

30

sums in the nature of rent is postponed to any right in respect of that rent or

those sums which may at any time be vested in a superior landlord by virtue

of a notice under section 6 of the Law of Distress Amendment Act 1908

(c. 53).

Expenses and interest to be a charge on the premises

35

13    (1)  

Until recovered, the expenses recoverable by the local housing authority,

together with any accrued interest on them, are a charge on the premises to

which the improvement notice related.

      (2)  

The charge takes effect when the demand for the expenses and interest

becomes operative by virtue of paragraph 9(2) or 11(5).

40

      (3)  

For the purpose of enforcing the charge, the local housing authority have the

same powers and remedies, under the Law of Property Act 1925 (c. 20) 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.

      (4)  

The power of appointing a receiver is exercisable at any time after the end of

45

one month beginning with the date when the charge takes effect.

 

 

Housing Bill
Schedule 4 — Licences under Parts 2 and 3: mandatory conditions

158

 

Recovery of expenses and interest from other persons profiting from taking of action

14    (1)  

Sub-paragraph (2) applies if, on an application to a county court, the local

housing authority satisfy the court that—

(a)   

the expenses and interest have not been and are unlikely to be

recovered; and

5

(b)   

a person is profiting by the taking of the action under paragraph 3 in

respect of which the expenses were incurred in that he is obtaining

rents or other payments which would not have been obtainable if the

number of persons living in the premises was limited to that

appropriate for the premises in their state before the action was

10

taken.

      (2)  

The court may, if satisfied that the person concerned has had proper notice

of the application, order him to make such payments to the local housing

authority as the court considers to be just.

Schedule 4

15

Sections 56 and 77

 

Licences under Parts 2 and 3: mandatory conditions

Conditions to be included in licences under Part 2 or 3

1     (1)  

A licence under Part 2 or 3 must include the following conditions.

      (2)  

Conditions requiring the licence holder, if gas is supplied to the house, to

produce to the local housing authority annually for their inspection a gas

20

safety certificate obtained in respect of the house within the last 12 months.

      (3)  

Conditions requiring the licence holder—

(a)   

to keep electrical appliances and furniture made available by him in

the house in a safe condition;

(b)   

to supply the authority, on demand, with a declaration by him as to

25

the safety of such appliances and furniture.

      (4)  

Conditions requiring the licence holder—

(a)   

to keep smoke alarms in the house in proper working order;

(b)   

to supply the authority, on demand, with a declaration by him as to

the condition and positioning of such alarms.

30

      (5)  

Conditions requiring the licence holder to supply to the occupier of the

house a written statement of the terms on which they occupy it.

Additional conditions to be included in licences under Part 3

2          

A licence under Part 3 must include conditions requiring the licence holder

to demand references from persons who wish to occupy the house.

35

Power to prescribe conditions

3          

The appropriate national authority may by regulations amend this Schedule

so as to alter (by the addition or removal of conditions) the conditions which

must be included—

(a)   

in a licence under Part 2 or 3, or

40

 

 

Housing Bill
Schedule 5 — Licences under Parts 2 and 3: procedure and appeals
Part 1 — Procedure relating to grant or refusal of licences

159

 

(b)   

only in a licence under one of those Parts.

Interpretation

4          

In this Schedule “the house” means the HMO or Part 3 house in respect of

which the licence is granted.

Schedule 5

5

Sections 60 and 81

 

Licences under Parts 2 and 3: procedure and appeals

Part 1

Procedure relating to grant or refusal of licences

Requirements before grant of licence

1          

Before granting a licence, the local housing authority must—

10

(a)   

serve a notice under this paragraph, together with a copy of the

proposed licence, on the applicant for the licence and each relevant

person, and

(b)   

consider any representations made in accordance with the notice and

not withdrawn.

15

2          

The notice under paragraph 1 must state that the authority are proposing to

grant the licence and set out—

(a)   

the reasons for granting the licence,

(b)   

the main terms of the licence, and

(c)   

the end of the consultation period.

20

3     (1)  

This paragraph applies if, having considered representations made in

accordance with a notice under paragraph 1 or this paragraph, the local

housing authority propose to grant a licence with modifications.

      (2)  

Before granting the licence the authority must—

(a)   

serve a notice under this paragraph on the applicant for the licence

25

and each relevant person, and

(b)   

consider any representations made in accordance with the notice and

not withdrawn.

4          

The notice under paragraph 3 must set out—

(a)   

the proposed modifications,

30

(b)   

the reasons for them, and

(c)   

the end of the consultation period.

Requirements before refusal to grant licence

5          

Before refusing to grant a licence, the local housing authority must—

(a)   

serve a notice under this paragraph on the applicant for the licence

35

and each relevant person, and

(b)   

consider any representations made in accordance with the notice and

not withdrawn.

 

 

 
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Revised 8 December 2003