Housing Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Housing Bill

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
20

31
Recovery of possession of premises in order to comply with order
Nothing in—
(a)
the Rent Act 1977 (c. 42) or the Rent (Agriculture) Act 1976 (c. 80), or
(b)
Part 1 of the Housing Act 1988 (c. 50),
prevents possession being obtained by the owner of any specified premises in
5
relation to which a prohibition order is operative if possession of the premises
is necessary for the purpose of complying with the order.
32
Power of court to determine or vary lease
(1)
Subsection (2) applies where—
(a)
a prohibition order has become operative, and
10
(b)
the whole or part of any specified premises form the whole or part of
the subject matter of a lease.
(2)
The lessor or the lessee may apply to a county court for an order determining
or varying the lease.
(3)
On such an application the court may make an order determining or varying
15
the lease, if it considers it appropriate to do so.
(4)
Before making such an order, the court must give any sub-lessee an
opportunity of being heard.
(5)
An order under this section may be unconditional or subject to such terms and
conditions as the court considers appropriate.
20
(6)
The conditions may, in particular, include conditions about the payment of
money by one party to the proceedings to another by way of compensation,
damages or otherwise.
(7)
In deciding what is appropriate for the purposes of this section, the court must
have regard to the respective rights, obligations and liabilities of the parties
25
under the lease and to all the other circumstances of the case.
(8)
In this section “lessor” and “lessee” include a person deriving title under a
lessor or lessee.
Enforcement: improvement notices and prohibition orders
33
Power of court to order occupier or owner to allow action to be taken on
30
premises
(1)
This section applies where an improvement notice or prohibition order has
become operative.
(2)
If the occupier of any specified premises—
(a)
has received reasonable notice of any intended action in relation to the
35
premises, but
(b)
is preventing a relevant person, or any representative of a relevant
person or of the local housing authority, from taking that action in
relation to the premises,
a magistrates’ court may order the occupier to permit to be done on the
40
premises anything which the court considers is necessary or expedient for the
purpose of enabling the intended action to be taken.

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
21

(3)
If a relevant person—
(a)
has received reasonable notice of any intended action in relation to any
specified premises, but
(b)
is preventing a representative of the local housing authority from
taking that action in relation to the premises,
5
a magistrates’ court may order the relevant person to permit to be done on the
premises anything which the court considers is necessary or expedient for the
purpose of enabling the intended action to be taken.
(4)
A person who fails to comply with an order of the court under this section
commits an offence.
10
(5)
In proceedings for an offence under subsection (4) it is a defence that the person
had a reasonable excuse for failing to comply with the order.
(6)
A person who commits an offence under subsection (4) is liable on summary
conviction to a fine not exceeding £20 in respect of each day or part of a day
during which the failure continues.
15
(7)
In this section “intended action”, in relation to any specified premises, means—
(a)
where an improvement notice has become operative, any action which
the person on whom that notice has been served is required by the
notice to take in relation to the premises and which—
(a)
(in the context of subsection (2)) is proposed to be taken by or
20
on behalf of that person or on behalf of the local housing
authority in pursuance of Schedule 3, or
(b)
(in the context of subsection (3)) is proposed to be taken on
behalf of the local housing authority in pursuance of Schedule 3;
(b)
where a prohibition order has become operative, any action which is
25
proposed to be taken and which either is necessary for the purpose of
giving effect to the order or is remedial action specified in the order in
accordance with section 20(2)(e).
(8)
In this section—

“relevant person”, in relation to any premises, means a person who is an
30
owner of the premises, a person having control of or managing the
premises, or the holder of any licence under Part 2 or 3 in respect of the
premises;

“representative” in relation to a relevant person or a local housing
authority, means any officer, employee, agent or contractor of that
35
person or authority.
34
Power of court to authorise action by one owner on behalf of another
(1)
Where an improvement notice or prohibition order has become operative, an
owner of any specified premises may apply to a magistrates’ court for an order
under subsection (2).
40
(2)
A magistrates’ court may, on an application under subsection (1), make an
order enabling the applicant—
(a)
immediately to enter on the premises, and
(b)
to take any required action within a period fixed by the order.
(3)
In this section “required action” means—
45

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
22

(a)
in the case of an improvement notice, any remedial action which is
required to be taken by the notice;
(b)
in the case of a prohibition order, any action necessary for the purpose
of complying with the order or any remedial action specified in the
order in accordance with section 20(2)(e).
5
(4)
No order may be made under subsection (2) unless the court is satisfied that
the interests of the applicant will be prejudiced as a result of a failure by
another person to take any required action.
(5)
No order may be made under subsection (2) unless notice of the application
has been given to the local housing authority.
10
(6)
If it considers that it is appropriate to do so, the court may make an order in
favour of any other owner of the premises which is similar to the order that it
is making in relation to the premises under subsection (2).
Supplementary provisions
35
Effect of improvement notices and prohibition orders as local land charges
15
(1)
An improvement notice or a prohibition order under this Chapter is a local
land charge if subsection (2), (3) or (4) applies.
(2)
This subsection applies if the notice or order has become operative.
(3)
This subsection applies if—
(a)
the notice or order is suspended under section 12 or 21, and
20
(b)
the period for appealing against it under Part 3 of Schedule 1 or 2 has
expired without an appeal having been brought.
(4)
This subsection applies if—
(a)
the notice or order is suspended under section 12 or 21,
(b)
an appeal has been brought against it under Part 3 of Schedule 1 or 2,
25
and
(c)
were it not suspended—
(i)
the notice would have become operative under section 14(5) by
virtue of paragraph 19(2) of Schedule 1 (improvement notices:
confirmation on appeal or expiry of period for further appeal),
30
or
(ii)
the order would have become operative under section 22(5) by
virtue of paragraph 14(2) of Schedule 2 (prohibition orders:
confirmation on appeal or expiry of period for further appeal).
36
Savings for rights arising from breach of covenant etc.
35
(1)
Nothing in this Chapter affects any remedy of an owner for breach of any
covenant or contract entered into by a tenant in connection with any premises
which are specified premises in relation to an improvement notice or
prohibition order.
(2)
If an owner is obliged to take possession of any premises in order to comply
40
with an improvement notice or prohibition order, the taking of possession does
not affect his right to take advantage of any such breach which occurred before
he took possession.

Housing Bill
Part 1 — Housing conditions
Chapter 3 — Demolition orders and slum clearance declarations
23

(3)
No action taken under this Chapter affects any remedy available to the tenant
of any premises against his landlord (whether at common law or otherwise).
37
Effect of Part 4 enforcement action and redevelopment proposals
(1)
Subsection (2) applies if—
(a)
an improvement notice or prohibition order has been served or made
5
under this Chapter, and
(b)
an interim or final management order under Part 4 comes into force in
relation to the specified premises.
(2)
The improvement notice or prohibition order—
(a)
if operative at the time when the interim or final management order
10
comes into force, ceases to have effect at that time, and
(b)
otherwise is to be treated as from that time as if it had not been served
or made.
(3)
Subsection (2)(a) does not affect any right acquired or liability (civil or
criminal) incurred before the improvement notice or prohibition order ceases
15
to have effect.
(4)
Subsection (5) applies where, under section 308 of the Housing Act 1985 (c. 68)
(owner’s re-development proposals), the local housing authority have
approved proposals for the re-development of land.
(5)
No action is to be taken under this Chapter in relation to the land if, and so long
20
as, the re-development is being proceeded with (subject to any variation or
extension approved by the authority)—
(a)
in accordance with the proposals; and
(b)
within the time limits specified by the local housing authority.
Chapter 3
25
Demolition orders and slum clearance declarations
Demolition orders
38
Demolition orders
For section 265 of the Housing Act 1985 substitute—
“265
Demolition orders
30
(1)
If—
(a)
the local housing authority are satisfied that a category 1 hazard
exists in a dwelling or HMO which is not a flat, and
(b)
this subsection is not disapplied by subsection (5),

making a demolition order in respect of the dwelling or HMO is a
35
course of action available to the authority in relation to the hazard for
the purposes of section 5 of the Housing Act 2004 (category 1 hazards:
general duty to take enforcement action).
(2)
If, in the case of any building containing one or more flats—

Housing Bill
Part 1 — Housing conditions
Chapter 3 — Demolition orders and slum clearance declarations
24

(a)
the local housing authority are satisfied that a category 1 hazard
exists in one or more of the flats contained in the building or in
any common parts of the building, and
(b)
this subsection is not disapplied by subsection (5),

making a demolition order in respect of the building is a course of
5
action available to the authority in relation to the hazard for the
purposes of section 5 of the Housing Act 2004.
(3)
The local housing authority may make a demolition order in respect of
a dwelling or HMO which is not a flat if—
(a)
they are satisfied that a category 2 hazard exists in the dwelling
10
or HMO,
(b)
this subsection is not disapplied by subsection (5), and
(c)
the circumstances of the case are circumstances specified or
described in an order made by the Secretary of State.
(4)
The local housing authority may make a demolition order in respect of
15
any building containing one or more flats if—
(a)
they are satisfied that a category 2 hazard exists in one or more
of the flats contained in the building or in any common parts of
the building,
(b)
this subsection is not disapplied by subsection (5), and
20
(c)
the circumstances of the case are circumstances specified or
described in an order made by the Secretary of State.
(5)
None of subsections (1) to (4) applies if an interim or final management
order under Part 4 is in force in relation to the premises concerned.
(6)
This section also has effect subject to section 304(1) (no demolition
25
order to be made in respect of listed building).
(7)
In this section “HMO” means house in multiple occupation.
(8)
An order made under subsection (3) or (4)—
(a)
may make different provision for different cases or descriptions
of case (including different provision for different areas);
30
(b)
may contain such incidental, supplementary, consequential,
transitory, transitional or saving provision as the Secretary of
State considers appropriate; and
(c)
shall be made by statutory instrument which shall be subject to
annulment in pursuance of a resolution of either House of
35
Parliament.
(9)
Sections 584A and 584B provide for the payment of compensation
where demolition orders are made under this section, and for the
repayment of such compensation in certain circumstances.”
Slum clearance declarations
40
39
Clearance areas
In section 289 of the Housing Act 1985 (c. 68) (declaration of clearance area) for
subsections (2) and (2A) substitute—
“(2)
If the local housing authority are satisfied, in relation to any area—

Housing Bill
Part 1 — Housing conditions
Chapter 4 — General provisions relating to enforcement action
25

(a)
that each of the residential buildings in the area contains a
category 1 hazard, and
(b)
that the other buildings (if any) in the area are dangerous or
harmful to the health or safety of the inhabitants of the area,

declaring the area to be a clearance area is a course of action available
5
to the authority in relation to the hazard or hazards for the purposes of
section 5 of the Housing Act 2004 (category 1 hazards: general duty to
take enforcement action).
(2ZA)
The local housing authority may declare an area to be a clearance area
if they are satisfied that—
10
(a)
the residential buildings in the area are dangerous or harmful to
the health or safety of the inhabitants of the area as a result of
their bad arrangement or the narrowness or bad arrangement of
the streets; and
(b)
that the other buildings (if any) in the area are dangerous or
15
harmful to the health or safety of the inhabitants of the area.
(2ZB)
The local housing authority may declare an area to be a clearance area
if they are satisfied that—
(a)
that each of the residential buildings in the area contains a
category 2 hazard,
20
(b)
that the other buildings (if any) in the area are dangerous or
harmful to the health or safety of the inhabitants of the area, and
(c)
the circumstances of the case are circumstances specified or
described in an order made by the Secretary of State.

Subsection (8) of section 265 applies in relation to an order under this
25
subsection as it applies in relation to an order under subsection (3) or
(4) of that section.
(2ZC)
In this section “residential buildings” means buildings which are
dwellings or houses in multiple occupation or contain one or more flats.

This is subject to subsection (2ZD).
30
(2ZD)
For the purposes of subsection (2) or (2ZB)—
(a)
subsection (2ZC) applies as if “two or more flats” were
substituted for “one or more flats”; and
(b)
a residential building containing two or more flats is only to be
treated as containing a category 1 or 2 hazard if two or more of
35
the flats within it contain such a hazard.
(2ZE)
Subsections (2) to (2ZB) are subject to subsections (2B) to (4) and (5B).”
Chapter 4
General provisions relating to enforcement action
Recovery of expenses relating to enforcement action
40
40
Power to charge for certain enforcement action
(1)
A local housing authority may make such reasonable charge as they consider
appropriate as a means of recovering certain administrative and other
expenses incurred by them in—

Housing Bill
Part 1 — Housing conditions
Chapter 4 — General provisions relating to enforcement action
26

(a)
serving an improvement notice under section 9 or 10;
(b)
making a prohibition order under section 18 or 19;
(c)
serving a hazard awareness notice under section 26 or 27;
(d)
making a demolition order under section 265 of the Housing Act 1985
(c. 68).
5
(2)
The expenses are, in the case of the service of an improvement notice or a
hazard awareness notice, the expenses incurred in—
(a)
determining whether to serve the notice,
(b)
identifying any action to be specified in the notice, and
(c)
serving the notice.
10
(3)
The expenses are, in the case of a prohibition order under section 18 or 19 of
this Act or a demolition order under section 265 of the Housing Act 1985, the
expenses incurred in—
(a)
determining whether to make the order, and
(b)
serving copies of the order on persons as owners of premises.
15
(4)
A local housing authority may make such reasonable charge as they consider
appropriate as a means of recovering expenses incurred by them in—
(a)
carrying out any review under section 15 or 24, or
(b)
serving copies of the authority’s decision on such a review.
(5)
The amount of the charge may not exceed such amount as is specified by order
20
of the appropriate national authority.
(6)
Where a court allows an appeal against the underlying notice or order
mentioned in subsection (1), it may make such order as it considers
appropriate reducing, quashing, or requiring the repayment of, any charge
under this section made in respect of the notice or order.
25
41
Recovery of charge under section 40
(1)
This section relates to the recovery by a local housing authority of a charge
made by them under section 40.
(2)
In the case of—
(a)
an improvement notice under section 9 or 10, or
30
(b)
a hazard awareness notice under section 26 or 27,
the charge may be recovered from the person on whom the notice is served.
(3)
In the case of—
(a)
a prohibition order under section 18 or 19, or
(b)
a demolition order under section 265 of the Housing Act 1985,
35

the charge may be recovered from any person on whom a copy of the order is
served as an owner of the premises.
(4)
A demand for payment of the charge must be served on the person from whom
the authority seek to recover it.
(5)
The demand becomes operative, if no appeal is brought against the underlying
40
notice or order, at the end of the period of 21 days beginning with the date of
service of the demand.
(6)
The sum recoverable by the authority is, until recovered, a charge on the
premises concerned.