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PART 1 continued CHAPTER 2 continued
(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 14 or 23, and
(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 14 or 23,
(b) an appeal has been brought against it under Part 3 of Schedule 1 or 2, 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), or
(ii) the order would have become operative under section 24(5) by virtue of paragraph 14(2) of Schedule 2 (prohibition orders: confirmation on appeal or expiry of period for further appeal).
(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 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.
(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).
(1) Subsection (2) applies if—
(a) an improvement notice or prohibition order has been served or made under this Chapter, and
(b) a management order under Chapter 1 or 2 of 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 management order 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 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 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.
(1) If—
(a) the local housing authority are satisfied that a category 1 hazard exists 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 management order is in force under Chapter 1 or 2 of Part 4 in relation 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).
(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 to be taken by an improvement notice under section 11 (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.
(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.
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) 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 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—
(a) a notice under section 41, 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 240 (warrant to authorise entry) applies for the purpose of enabling a 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 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 41, any reference in that provision to the specified premises is to be read as a reference to the premises specified, in accordance with section 41(2)(c), as those in relation to which emergency remedial action has been (or is to be) taken.
(1) The notice required by section 40(7) is a notice which complies with the following requirements of this section.
(2) The notice must specify, in relation to the hazard (or each of the hazards) to which it relates—
(a) the nature of the hazard and the residential premises on which it exists,
(b) the deficiency giving rise to the hazard,
(c) the premises in relation to which emergency remedial action has been (or is to be) taken by the authority under section 40 and the nature of that remedial action,
(d) the power under which that remedial action has been (or is to be) taken by the authority, and
(e) the date when that remedial action was (or is to be) started.
(3) The notice must contain information about—
(a) the right to appeal under section 45 against the decision of the authority to make the order, and
(b) the period within which an appeal may be made.
(1) This section relates to the recovery by a local housing authority of expenses reasonably incurred in taking emergency remedial action under section 40 (“emergency expenses”).
(2) Paragraphs 6 to 14 of Schedule 3 (improvement notices: enforcement action by local authorities) apply for the purpose of enabling alocal housing authority to recover emergency expenses as they apply for the purpose of enabling such an authority to recover expenses incurred in taking remedial action under paragraph 3 of that Schedule.
But those paragraphs so apply with the modifications set out in subsection (3).
(3) The modifications are as follows—
(a) any reference to the improvement notice is to be read as a reference to the notice under section 41; and
(b) no amount is recoverable in respect of any emergency expenses until such time (if any) as is the operative time for the purposes of this subsection (see subsection (4)).
(4) This subsection gives the meaning of “the operative time” for the purposes of subsection (3)—
(a) if no appeal against the authority’s decision to take the emergency remedial action is made under section 45 before the end of the period of 28 days mentioned in subsection (3)(a) of that section, “the operative time” is the end of that period;
(b) if an appeal is made under that section within that period and a decision is given on the appeal which confirms the authority’s decision, “the operative time” is as follows—
(i) if the period within which an appeal to the Lands Tribunal may be brought expires without such an appeal having been brought, “the operative time” is the end of that period;
(ii) if an appeal to the Lands Tribunal is brought, “the operative time” is the time when a decision is given on the appeal which confirms the authority’s decision.
(5) For the purposes of subsection (4)—
(a) the withdrawal of an appeal has the same effect as a decision which confirms the authority’s decision, and
(b) references to a decision which confirms the authority’s decision are to a decision which confirms it with or without variation.
(1) If—
(a) the local housing authority are satisfied that a category 1 hazard exists 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 management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a),
making an emergency prohibition order 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).
(2) An emergency prohibition order under this section is an order imposing, with immediate effect, such prohibition or prohibitions on the use of any premises as are specified in the order in accordance with subsection (3) and section 44.
(3) As regards the imposition of any such prohibition or prohibitions, the following provisions apply to an emergency prohibition order as they apply to a prohibition order under section 20—
(a) subsections (3) to (5) of that section, and
(b) subsections (3) to (5) and (7) to (9) of section 22.
(4) Part 1 of Schedule 2 (service of copies of prohibition orders) applies in relation to an emergency prohibition order as it applies to a prohibition order, but any requirement to serve copies within a specified period of seven days is to be read as a reference to serve them on the day on which the emergency prohibition order is made (or, if that is not possible, as soon after that day as is possible).
(5) The following provisions also apply to an emergency prohibition order as they apply to a prohibition order (or to a prohibition order which has become operative, as the case may be)—
(a) section 25 (revocation and variation);
(b) sections 32 to 36 (enforcement);
(c) sections 37 to 39 (supplementary provisions); and
(d) Part 2 of Schedule 2 (notices relating to revocation or variation);
(e) Part 3 of that Schedule (appeals) so far as it relates to any decision to vary, or to refuse to revoke or vary, a prohibition order; and
(f) sections 584A and 584B of the Housing Act 1985 (c. 68) (payment, and repayment, of compensation).
(6) For the purposes of the operation of any provision relating to prohibition orders as it applies in connection with emergency prohibition orders by virtue of this section or section 45, any reference in that provision to the specified premises is to be read as a reference to the premises specified, in accordance with section 44(2)(c), as the premises in relation to which prohibitions are imposed by the order.
(1) An emergency prohibition order under section 43 must comply with the following requirements of this section.
(2) The order must specify, in relation to the hazard (or each of the hazards) to which it relates—
(a) the nature of the hazard concerned and the residential premises on which it exists,
(b) the deficiency giving rise to the hazard,
(c) the premises in relation to which prohibitions are imposed by the order (see subsections (3) and (4) of section 22 as applied by section 43(3)), and
(d) any remedial action which the authority consider would, if taken in relation to the hazard, result in their revoking the order under section 25 (as applied by section 43(5)).
(3) The order must contain information about—
(a) the right to appeal under section 45 against the order, and
(b) the period within which an appeal may be made,
and specify the date on which the order is made.
(1) A person on whom a notice under section 41 has been served in connection with the taking of emergency remedial action under section 40 may appeal to a residential property tribunal against the decision of the local housing authority to take that action.
(2) A relevant person may appeal to a residential property tribunal against an emergency prohibition order.
(3) An appeal under subsection (1) or (2) must be made within the period of 28 days beginning with—
(a) the date specified in the notice under section 41 as the date when the emergency remedial action was (or was to be) started, or
(b) the date specified in the emergency prohibition order as the date on which the order was made,
as the case may be.
(4) A residential property tribunal may allow an appeal to be made to it after the end of that period 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).
(5) An appeal under subsection (1) or (2)—
(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.
(6) The tribunal may—
(a) in the case of an appeal under subsection (1), confirm, reverse or vary the decision of the authority;
(b) in the case of an appeal under subsection (2), confirm or vary the emergency prohibition order or make an order revoking it as from a date specified in that order.
(7) Paragraph 16 of Schedule 2 applies for the purpose of identifying who is a relevant person for the purposes of subsection (2) in relation to an emergency prohibition order as it applies for the purpose of identifying who is a relevant person for the purposes of Part 3 of that Schedule in relation to a prohibition order.
For section 265 of the Housing Act 1985 (c. 68) substitute—
(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 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—
(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 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 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 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
(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 a management order under Chapter 1 or 2 of Part 4 is in force in relation to the premises concerned.
(6) This section also has effect subject to section 304(1) (no demolition 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);
(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 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.”
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—
(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 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—
(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 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,
(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 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).
(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 the flats within it contain such a hazard.
(2ZE) Subsections (2) to (2ZB) are subject to subsections (2B) to (4) and (5B).”
(1) Part 9 of the Housing Act 1985 (c. 68) (slum clearance) is further amended as follows.
(2) In section 269 (right of appeal against demolition order etc.)—
(a) in subsection (1), for “the county court” substitute “a residential property tribunal”;
(b) in subsection (3), for “court” substitute “tribunal”; and
(c) in subsection (6)(a) and (b), for “Court of Appeal” substitute “Lands Tribunal”.
(3) In section 272 (demolition orders)—
(a) in subsection (2), for “the court” in the first place it appears substitute “a residential property tribunal”, and in the second place it appears substitute “such a tribunal”;
(b) in subsection (5), for the words from the beginning to “and has” substitute “A residential property tribunal has jurisdiction to hear and determine proceedings under subsection (1) (as well as those under subsection (2)), and a county court has”; and
(c) in subsection (6), for “the court” substitute “a tribunal or court”.
(4) In section 317 (power of court to determine lease where premises demolished etc.)—
(a) in subsection (1), for “the county court” substitute “a residential property tribunal”; and
(b) in subsections (2) and (3), for “court” substitute “tribunal”.
(5) In section 318 (power of court to authorise execution of works on unfit premises or for improvement)—
(a) in the sidenote, for “court” substitute “tribunal”;
(b) in subsection (1), for “the court” in the first place it appears substitute “a residential property tribunal”, and in the second place it appears substitute “the tribunal”;
(c) in subsections (2) and (3), for “court” substitute “tribunal”; and
(d) omit subsection (4).
(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—
(a) serving an improvement notice under section 11 or 12;
(b) making a prohibition order under section 20 or 21;
(c) serving a hazard awareness notice under section 28 or 29;
(d) taking emergency remedial action under section 40;
(e) making an emergency prohibition order under section 43; or
(f) making a demolition order under section 265 of the Housing Act 1985 (c. 68).
(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.
(3) The expenses are, in the case of emergency remedial action under section 40, the expenses incurred in—
(a) determining whether to take such action, and
(b) serving the notice required by subsection (7) of that section.
(4) The expenses are, in the case of a prohibition order under section 20 or 21 of this Act, an emergency prohibition order under section 43 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.
(5) 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 17 or 26, or
(b) serving copies of the authority’s decision on such a review.
(6) The amount of the charge may not exceed such amount as is specified by order of the appropriate national authority.
(7) Where a tribunal 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.
(1) This section relates to the recovery by a local housing authority of a charge made by them under section 49.
(2) In the case of—
(a) an improvement notice under section 11 or 12, or
(b) a hazard awareness notice under section 28 or 29,
the charge may be recovered from the person on whom the notice is served.
(3) In the case of emergency remedial action under section 40, the charge may be recovered from the person served with the notice required by subsection (7) of that section.
(4) In the case of—
(a) a prohibition order under section 20 or 21,
(b) an emergency prohibition order under section 43, or
(c) a demolition order under section 265 of the Housing Act 1985 (c. 68),
the charge may be recovered from any person on whom a copy of the order is served as an owner of the premises.
(5) A demand for payment of the charge must be served on the person from whom the authority seek to recover it.
(6) The demand becomes operative, if no appeal is brought against the underlying notice or order, at the end of the period of 21 days beginning with the date of service of the demand.
(7) If such an appeal is brought and a decision is given on the appeal which confirms the underlying notice or order, the demand becomes operative at the time when—
(a) the period within which an appeal to the Lands Tribunal may be brought expires without such an appeal having been brought, or
(b) a decision is given on such an appeal which confirms the notice or order.
(8) For the purposes of subsection (7)—
(a) the withdrawal of an appeal has the same effect as a decision which confirms the notice or order, and
(b) references to a decision which confirms the notice or order are to a decision which confirms it with or without variation.
(9) As from the time when the demand becomes operative, the sum recoverable by the authority is, until recovered, a charge on the premises concerned.
(10) The charge takes effect at that time as a legal charge which is a local land charge.
(11) For the purpose of enforcing the charge the 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.
(12) The power of appointing a receiver is exercisable at any time after the end of the period of one month beginning with the date on which the charge takes effect.
(13) The appropriate national authority may by regulations prescribe the form of, and the particulars to be contained in, a demand for payment of any charge under section 49.
Housing Act 2004