Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

Housing Bill
Part 7 — Supplementary and final provisions
163

224
The Isles of Scilly
(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
5
provisions of that Act which are amended by this Act, the power is exercisable
in relation to those provisions as so amended.
225
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;
10
(b)
any increase attributable to this Act in the sums payable out of money
so provided under any other enactment.
226
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
15
passed—
(a)
sections 8, 153, 164, 180, 209, 221(2) to (5), 223 to 225 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
20
the National Assembly for Wales.
(3)
The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—
(a)
sections 157 to 163, 168 to 179, 181, 182, 183 to 193, 194, 203 to 208 and
210 to 220,
25
(b)
Schedule 8, except paragraphs 15 and 16, and
(c)
Schedule 11.
(4)
The provisions listed in subsection (5) come into force—
(a)
where they are to come into force in relation only to Wales, on such day
as the National Assembly for Wales may by order appoint, and
30
(b)
otherwise, on such day as the Secretary of State may by order appoint.
(5)
The provisions referred to in subsection (4) are—
(a)
Part 1 (other than section 8),
(b)
Parts 2 to 4,
(c)
sections 156, 165 to 167, 188, 190 to 192, 195 to 202, 221(1) and 222,
35
(d)
paragraphs 15 and 16 of Schedule 8, and
(e)
Schedules 10, 12 and 13.
(6)
Part 5 (other than section 153) comes into force on such day as the Secretary of
State may by order appoint.
(7)
Section 189 and Schedule 9 come into force on such day as the National
40
Assembly for Wales may by order appoint.

Housing Bill
Part 7 — Supplementary and final provisions
164

(8)
Different days may be appointed for different purposes or different areas
under subsection (4), (6) or (7).
(9)
The Secretary of State may by order make such provision as he considers
necessary or expedient for transitory, transitional or saving purposes in
connection with the coming into force of any provision of this Act.
5
(10)
The power conferred by subsection (9) 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
(11)
Subject to subsections (12) and (13), this Act extends to England and Wales
only.
10
(12)
Any amendment or repeal made by this Act has the same extent as the
enactment to which it relates, except that any amendment or repeal in—

the Mobile Homes Act 1983 (c. 34), or

the Crime and Disorder Act 1998 (c. 37),

extends to England and Wales only.
15
(13)
This section extends to the whole of the United Kingdom.

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 1 — Service of improvement notices
165

Schedules
Schedule 1
Section 17

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
20
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
166

      (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
10
(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
15
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.
20
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
25
(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
30
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
167


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;
15
(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)).
20
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
25
(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
35
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)).
45

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 3 — Appeals relating to improvement notices
168

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
residential property tribunal 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
15
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 19 or 20 of this Act;
(b)
serving a hazard awareness notice under section 27 or 28 of this Act;
and
25
(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 residential property tribunal 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
35
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.

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 3 — Appeals relating to improvement notices
169

      (2)
Any appeal under paragraph 13 must be made within the period of 28 days
beginning with the date specified in the notice under paragraph 6 or 8 as the
date on which the decision concerned was made.
      (3)
A residential property tribunal may allow an appeal to be made to it after the
end of the period mentioned in sub-paragraph (1) or (2) if it is satisfied that
5
there is a good reason for the failure to appeal before the end of that period
(and for any delay since then in applying for permission to appeal out of
time).
Powers of residential property tribunal on appeal under paragraph 10
15    (1)
This paragraph applies to an appeal to a residential property tribunal under
10
paragraph 10.
      (2)
The appeal—
(a)
is to be by way of a re-hearing, but
(b)
may be determined having regard to matters of which the authority
were unaware.
15
      (3)
The tribunal may by order confirm, quash or vary the improvement notice.
      (4)
Paragraphs 16 and 17 make special provision in connection with the
grounds of appeal set out in paragraphs 11 and 12.
16    (1)
This paragraph applies where the grounds of appeal consist of or include
that set out in paragraph 11.
20
      (2)
On the hearing of the appeal the tribunal may—
(a)
vary the improvement notice so as to require the action to be taken
by any owner mentioned in the notice of appeal in accordance with
paragraph 11; or
(b)
make such order as it considers appropriate with respect to the
25
payment to be made by any such owner to the appellant or, where
the action is taken by the local housing authority, to the authority.
      (3)
In the exercise of its powers under sub-paragraph (2), the tribunal must take
into account, as between the appellant and any such owner—
(a)
their relative interests in the premises concerned (considering both
30
the nature of the interests and the rights and obligations arising
under or by virtue of them);
(b)
their relative responsibility for the state of the premises which gives
rise to the need for the taking of the action concerned; and
(c)
the relative degree of benefit to be derived from the taking of the
35
action concerned.
      (4)
Sub-paragraph (5) applies where, by virtue of the exercise of the tribunal’s
powers under sub-paragraph (2), a person other than the appellant is
required to take the action specified in an improvement notice.
      (5)
So long as that other person remains an owner of the premises to which the
40
notice relates, he is to be regarded for the purposes of this Part as the person
on whom the notice was served (in place of any other person).
17    (1)
This paragraph applies where the grounds of appeal consist of or include
that set out in paragraph 12.
      (2)
When deciding whether one of the courses of action mentioned in paragraph
45
12(2) is the best course of action in relation to a particular hazard, the