|
| |
|
| |
Powers to take action without agreement |
| |
Power to take action without agreement |
| |
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) |
| 5 |
| |
(2) | This sub-paragraph applies if the notice is not complied with in relation to |
| |
| |
(3) | This sub-paragraph applies if, before the end of the period which under |
| |
section 29(2) is appropriate for completion of the action specified in the |
| 10 |
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) | Any person authorised in writing by the authority may enter any part of the |
| |
specified premises for the purposes of the taking of any action which the |
| |
authority are authorised to take under this paragraph. |
| 15 |
(5) | The right of entry conferred by sub-paragraph (4) may be exercised at any |
| |
| |
(6) | Any reference in this Part of this Schedule (of whatever nature) to a local |
| |
housing authority entering any premises under this paragraph is a reference |
| |
to their doing so in accordance with sub-paragraph (4). |
| 20 |
(7) | In this paragraph “improvement notice” means an improvement notice |
| |
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 |
| 25 |
| |
(2) | The notice must identify the improvement notice to which it relates and |
| |
| |
(a) | the premises and hazard concerned; |
| |
(b) | that the authority intend to enter the premises; |
| 30 |
(c) | the action which the authority intend to take on the premises; and |
| |
(d) | the power under which the authority intend to enter the premises |
| |
| |
(3) | The notice must be served on the person on whom the improvement notice |
| |
| 35 |
(4) | A copy of the notice may also be served on any owner of the premises. |
| |
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 |
| 40 |
(b) | any workman employed by that person, or by any contractor |
| |
employed by that person, is on the premises for such a purpose, |
| |
| that person is to be taken to have committed an offence under section 201(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 |
| |
| |
(3) | In sub-paragraph (1) “relevant time” means any time— |
| |
(a) | after the end of the period of 7 days beginning with the date of |
| 5 |
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). |
| |
Expenses in relation to taking action without agreement |
| 10 |
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 |
| |
| |
(2) | Sub-paragraph (3) applies where, after a local housing authority have given |
| |
notice under paragraph 4 of their intention to enter premises and take action, |
| 15 |
the action is in fact taken by the person on whom the improvement notice is |
| |
| |
(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 |
| |
Part 3 of this Schedule as expenses incurred by them in taking action under |
| 20 |
| |
| |
Recovery of certain expenses |
| |
| |
7 | This Part of this Schedule applies for the purpose of enabling a local housing |
| 25 |
authority to recover expenses reasonably incurred by them in taking action |
| |
| |
| |
8 (1) | The expenses are recoverable by the local housing authority from the person |
| |
on whom the improvement notice was served (“the relevant person”). |
| 30 |
(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 |
| |
| |
(3) | Sub-paragraph (4) applies where the relevant person proves in connection |
| 35 |
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 |
| |
sufficient money to discharge the whole demand of the local housing |
| 40 |
| |
(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- |
| |
| |
|
| |
|
| |
|
(5) | Expenses are not recoverable under this paragraph so far as they are, by any |
| |
direction given by a residential property tribunal on an appeal to the |
| |
tribunal under paragraph 11, recoverable under an order of the tribunal. |
| |
| |
9 (1) | A demand for expenses recoverable under paragraph 8, together with |
| 5 |
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 |
| |
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 |
| 10 |
conclusive as to matters which could have been raised on an appeal. |
| |
(4) | Paragraph 11 deals with appeals against demands. |
| |
| |
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 |
| 15 |
of service until payment of all sums due under the demand. |
| |
| |
11 (1) | A person on whom a demand for the recovery of expenses has been served |
| |
may appeal to a residential property tribunal against the demand. |
| |
(2) | An appeal must be made within the period of 21 days beginning with the |
| 20 |
date of service of the demand or copy of it under paragraph 9. |
| |
(3) | A residential property tribunal may allow an appeal to be made to it after the |
| |
end of the period mentioned in sub-paragraph (2) if it is satisfied that 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). |
| 25 |
(4) | 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 |
| |
made towards compliance with the improvement notice when the local |
| |
housing authority gave notice under paragraph 4 of their intention to enter |
| |
| 30 |
| This does not affect the generality of sub-paragraph (1). |
| |
(5) | The tribunal may, on an appeal, make such order confirming, quashing or |
| |
varying the demand as it considers appropriate. |
| |
(6) | A demand against which an appeal is brought becomes operative as |
| |
| 35 |
(a) | if a decision is given on the appeal which confirms the demand and |
| |
the period within which an appeal to the Lands Tribunal may be |
| |
brought expires without such an appeal having been brought, the |
| |
demand becomes operative at end of that period; |
| |
(b) | if an appeal to the Lands Tribunal is brought and a decision is given |
| 40 |
on the appeal which confirms the demand, the demand becomes |
| |
operative at the time of that decision. |
| |
(7) | For the purposes of sub-paragraph (6)— |
| |
(a) | the withdrawal of an appeal has the same effect as a decision which |
| |
| 45 |
|
| |
|
| |
|
(b) | references to a decision which confirms the demand are to a decision |
| |
which confirms it with or without variation. |
| |
(8) | 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 |
| |
| 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 |
| |
| 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 |
| |
| |
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. |
| |
|
| |
|
| |
|
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 residential property |
| |
tribunal, the local housing authority satisfy the tribunal that— |
| |
(a) | the expenses and interest have not been and are unlikely to be |
| |
| 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 |
| |
(2) | The tribunal 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 tribunal considers to be just. |
| |
| 15 |
| |
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 |
| |
| |
(a) | in a licence under Part 2 or 3, or |
| 40 |
(b) | only in a licence under one of those Parts. |
| |
|
| |
|
| |
|
| |
4 | In this Schedule “the house” means the HMO or Part 3 house in respect of |
| |
which the licence is granted. |
| |
| |
| |
Licences under Parts 2 and 3: procedure and appeals |
| 5 |
| |
Procedure relating to grant or refusal of licences |
| |
Requirements before grant of licence |
| |
1 | Before granting a licence, the local housing authority must— |
| |
(a) | serve a notice under this paragraph, together with a copy of the |
| 10 |
proposed licence, on the applicant for the licence and each relevant |
| |
| |
(b) | consider any representations made in accordance with the notice and |
| |
| |
2 | The notice under paragraph 1 must state that the authority are proposing to |
| 15 |
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. |
| |
3 (1) | This paragraph applies if, having considered representations made in |
| 20 |
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 |
| |
and each relevant person, and |
| 25 |
(b) | consider any representations made in accordance with the notice and |
| |
| |
4 | The notice under paragraph 3 must set out— |
| |
(a) | the proposed modifications, |
| |
(b) | the reasons for them, and |
| 30 |
(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 |
| |
and each relevant person, and |
| 35 |
(b) | consider any representations made in accordance with the notice and |
| |
| |
6 | The notice under paragraph 5 must state that the local housing authority are |
| |
proposing to refuse to grant the licence and set out— |
| |
|
| |
|
| |
|
(a) | the reasons for refusing to grant the licence, and |
| |
(b) | the end of the consultation period. |
| |
Requirements following grant or refusal of licence |
| |
7 (1) | This paragraph applies where the local housing authority decide to grant a |
| |
| 5 |
(2) | The local housing authority must serve on the applicant for the licence (and, |
| |
if different, the licence holder) and each relevant person— |
| |
(a) | a copy of the licence, and |
| |
(b) | a notice setting out— |
| |
(i) | the reasons for deciding to grant the licence and the date on |
| 10 |
which the decision was made, |
| |
(ii) | the right of appeal against the decision under Part 3 of this |
| |
| |
(iii) | the period within which an appeal may be made (see |
| |
| 15 |
(3) | The documents required to be served under sub-paragraph (2) must be |
| |
served within the period of seven days beginning with the day on which the |
| |
| |
8 (1) | This paragraph applies where the local housing authority refuse to grant a |
| |
| 20 |
(2) | The local housing authority must serve on the applicant for the licence and |
| |
each relevant person a notice setting out— |
| |
(a) | the authority’s decision not to grant the licence, |
| |
(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, |
| 25 |
| |
(d) | the period within which an appeal may be made (see paragraph |
| |
| |
(3) | The notices required to be served under sub-paragraph (2) must be served |
| |
within the period of seven days beginning with the day on which the |
| 30 |
| |
Exceptions from requirements in relation to grant or refusal of licences |
| |
9 | The requirements of paragraph 3 (and those of paragraph 1) do not apply if |
| |
the local housing authority— |
| |
(a) | have already served a notice under paragraph 1 but not paragraph 3 |
| 35 |
in relation to the proposed licence, and |
| |
(b) | consider that the modifications which are now being proposed are |
| |
not material in any respect. |
| |
10 | The requirements of paragraph 3 (and those of paragraph 1) do not apply if |
| |
the local housing authority— |
| 40 |
(a) | have already served notices under paragraphs 1 and 3 in relation to |
| |
the matter concerned, and |
| |
(b) | consider that the further modifications which are now being |
| |
proposed do not differ in any material respect from the |
| |
modifications in relation to which a notice was last served under |
| 45 |
| |
|
| |
|