|
| |
|
32 | Recovery of possession of premises in order to comply with order |
| |
| |
(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. |
| 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, |
| |
| |
(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 |
| |
| |
Enforcement: improvement notices and prohibition orders |
| |
34 | Power of court to order occupier or owner to allow action to be taken on |
| 30 |
| |
(1) | This section applies where an improvement notice or prohibition order has |
| |
| |
(2) | If the occupier of any specified premises— |
| |
(a) | has received reasonable notice of any intended action in relation to the |
| 35 |
| |
(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. |
| |
|
| |
|
| |
|
(3) | If a relevant person— |
| |
(a) | has received reasonable notice of any intended action in relation to any |
| |
| |
(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 |
| |
| 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 21(2)(e). |
| |
| |
| “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 |
| |
| |
| “representative” in relation to a relevant person or a local housing |
| |
authority, means any officer, employee, agent or contractor of that |
| 35 |
| |
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 |
| |
| 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 |
|
| |
|
| |
|
(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). |
| |
| |
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 |
| 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 13 or 22, |
| |
(b) | an appeal has been brought against it under Part 3 of Schedule 1 or 2, |
| 25 |
| |
(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), |
| 30 |
| |
(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). |
| |
37 | 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 |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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). |
| |
38 | 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 |
| |
(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 |
| |
| |
(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 |
| |
(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. |
| |
| 25 |
| |
Emergency remedial action |
| |
39 | Emergency remedial action |
| |
| |
(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). |
| 40 |
|
| |
|
| |
|
(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) | 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. |
| 10 |
(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. |
| 15 |
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 |
| |
| |
(b) | the notice required by paragraph 4 (notice before entering premises) |
| 20 |
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 |
| 25 |
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 |
| 45 |
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. |
| |
|
| |
|