Housing Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Housing Bill

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

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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.
33
Power of tribunal 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 residential property tribunal for an
order determining or varying the lease.
(3)
On such an application the tribunal 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 tribunal 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 tribunal considers appropriate.
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(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 tribunal
must have regard to the respective rights, obligations and liabilities of the
25
parties 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
34
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
22

(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.
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(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
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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 21(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
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person or authority.
35
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).
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(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—
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Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
23

(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 21(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
36
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 13 or 22, and
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(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 13 or 22,
(b)
an appeal has been brought against it under Part 3 of Schedule 1 or 2,
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and
(c)
were it not suspended—
(i)
the notice would have become operative under section 15(5) by
virtue of paragraph 19(2) of Schedule 1 (improvement notices:
confirmation on appeal or expiry of period for further appeal),
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or
(ii)
the order would have become operative under section 23(5) by
virtue of paragraph 14(2) of Schedule 2 (prohibition orders:
confirmation on appeal or expiry of period for further appeal).
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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 — Emergency measures
24

(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).
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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
Emergency measures
Emergency remedial action
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Emergency remedial action
(1)
If—
(a)
the local housing authority are satisfied that a Category 1 hazard exists
30
on any residential premises, and
(b)
they are further satisfied that the hazard involves an imminent risk of
serious harm to the health or safety of any of the occupiers of those or
any other residential premises, and
(c)
no interim or final management order is in force under Part 4 in relation
35
to the premises mentioned in paragraph (a),

the taking by the authority of emergency remedial action under this section in
respect of the hazard is a course of action available to the authority in relation
to the hazard for the purposes of section 5 (category 1 hazards: general duty to
take enforcement action).
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Housing Bill
Part 1 — Housing conditions
Chapter 3 — Emergency measures
25

(2)
“Emergency remedial action” means such remedial action in respect of the
hazard concerned as the authority consider immediately necessary in order to
remove the imminent risk of serious harm within subsection (1)(b).
(3)
Emergency remedial action under this section may be taken by the authority in
relation to any premises in relation to which remedial action could be required
5
to be taken by an improvement notice under section 10 (see subsections (3) and
(4) of that section).
(4)
Emergency remedial action under this section may be taken by the authority in
respect of more than one category 1 hazard on the same premises or in the same
building containing one or more flats.
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(5)
Paragraphs 3 to 5 of Schedule 3 (improvement notices: enforcement action by
local authorities) apply in connection with the taking of emergency remedial
action under this section as they apply in connection with the taking of the
remedial action required by an improvement notice which has become
operative but has not been complied with.
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But those paragraphs so apply with the modifications set out in subsection (6).
(6)
The modifications are as follows—
(a)
the right of entry conferred by paragraph 3(4) may be exercised at any
time; and
(b)
the notice required by paragraph 4 (notice before entering premises)
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must (instead of being served in accordance with that paragraph) be
served on every person, who to the authority’s knowledge—
(i)
is an occupier of the premises in relation to which the authority
propose to take emergency remedial action, or
(ii)
if those premises are common parts of a building containing one
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or more flats, is an occupier of any part of the building; but
(c)
that notice is to be regarded as so served if a copy of it is fixed to some
conspicuous part of the premises or building.
(7)
Within the period of seven days beginning with the date when the authority
start taking emergency remedial action, the authority must serve—
30
(a)
a notice under section 40, and
(b)
copies of such a notice,

on the persons on whom the authority would be required under Part 1 of
Schedule 1 to serve an improvement notice and copies of it.
(8)
Section 200 (warrant to authorise entry) applies for the purpose of enabling a
35
local housing authority to enter any premises to take emergency remedial
action under this section in relation to the premises, as if—
(a)
that purpose were mentioned in subsection (2) of that section, and
(b)
the circumstances as to which the justice of the peace must be satisfied
under subsection (4) were that there are reasonable grounds for
40
believing that the authority will not be able to gain admission to the
premises without a warrant.
(9)
For the purposes of the operation of any provision relating to improvement
notices as it applies by virtue of this section in connection with emergency
remedial action or a notice under section 40, any reference in that provision to
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the specified premises is to be read as a reference to the premises specified, in
accordance with section 40(2)(c), as those in relation to which emergency
remedial action has been (or is to be) taken.