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Section 165.
1 (1) In section 189 (repair notice in respect of unfit house), in subsection (1), after the words “dwelling-house”, in the first two places where they occur, there shall be inserted “or house in multiple occupation” and for the words from “unless they are satisfied” onwards there shall be substituted “if they are satisfied, in accordance with section 604A, that serving a notice under this subsection is the most satisfactory course of action”.
(2) In subsection (1A) of that section—
(a) for the words “a dwelling-house which is a flat” there shall be substituted “either a dwelling-house which is a flat or a flat in multiple occupation”;
(b) for the words from “by reason” to “outside the flat” there shall be substituted “by virtue of section 604(2)”; and
(c) for the words from “that part of the building” onwards there shall be substituted “the part of the building in question if they are satisfied, in accordance with section 604A, that serving a notice under this subsection is the most satisfactory course of action”.
(3) After subsection (1A) there shall be inserted the following subsection—
“(1B) In the case of a house in multiple occupation, a repair notice may be served on the person managing the house instead of on the person having control; and where a notice is so served, then, subject to section 191, the person managing the house shall be regarded as the person having control of it for the purposes of the provisions of this Part following that section.”
(4) In subsection (2) of that section, in paragraph (a) after the words “works specified in the notice” there shall be inserted “(which may be works of repair or improvement or both)” and for the words “seventh day after the notice becomes operative” there shall be substituted “twenty-eighth day after the notice is served”, and in paragraph (b) after the words “dwelling-house” there shall be inserted “or, as the case may be, house in multiple occupation”.
(5) In subsection (3) of that section—
(a) after the words “serving the notice” there shall be inserted “(a)”;
(b) after the words “building concerned” there shall be inserted “or
(b) on the person having control of or, as the case may be, on the person managing the house in multiple occupation which is concerned”; and
(c) in the words following paragraph (b), as set out above, for the words “or part of the building” there shall be substituted “part of the building or house”.
(6) After subsection (5) there shall be added the following subsection—
“(6) This section has effect subject to the provisions of section 190A.”
2 (1) In section 190 (repair notice in respect of house in state of disrepair but not unfit)—
(a) at the beginning of each of subsections (1) and (1A) there shall be inserted the words “Subject to subsection (1B)”;
(b) in subsection (1), after the words “dwelling-house”, in each place where they occur, there shall be inserted “or house in multiple occupation” and at the end of paragraph (b) of that subsection there shall be added “or, in the case of a house in multiple occupation, the persons occupying it (whether as tenants or licensees)”; and
(c) in subsection (1A) after the words “a flat” there shall be inserted “including a flat in multiple occupation” and at the end of paragraph (b) of that subsection there shall be added “or, in the case of a flat in multiple occupation, the persons occupying it (whether as tenants or licensees)”.
(2) After subsections (1A) there shall be inserted the following subsections—
“(1B) The authority may not serve a notice under subsection (1) or subsection (1A) unless—
(a) there is an occupying tenant of the dwelling-house or flat concerned; or
(b) the dwelling-house or building concerned falls within a renewal area within the meaning of Part VII of the Local Government and Housing Act 1989.
(1C) In the case of a house in multiple occupation, a notice under subsection (1) or subsection (1A) may be served on the person managing the house instead of on the person having control of it; and where a notice is so served, then, subject to section 191, the person managing the house shall be regarded as the person having control of it for the purposes of the provisions of this Part following that section.”
(3) In subsection (2)(a) of that section for the words “seventh day after the notice becomes operative” there shall be substituted “twenty-eighth day after the notice is served”.
(4) In subsection (3) of that section—
(a) after the words “serving the notice” there shall be inserted “(a)”;
(b) after the words “building concerned” there shall be inserted “or
(b) on the person having control of or, as the case may be, on the person managing the house in multiple occupation which is concerned”; and
(c) in the words following paragraph (b), as set out above, for the words “or part of the building” there shall be substituted “part of the building or house”.
3 After that section there shall be inserted the following section—
(1) A local housing authority shall not be under a duty to serve a repair notice under subsection (1) or, as the case may be, subsection (1A) of section 189 if, at the same time as they satisfy themselves as mentioned in the subsection in question, they determine—
(a) that the premises concerned form part of a building which would be a qualifying building in relation to a group repair scheme; and
(b) that, within the period of twelve months beginning at that time, they expect to prepare a group repair scheme in respect of the qualifying building (in this section referred to as a “relevant scheme”);
but where, having so determined, the authority do serve such a notice, they may do so with respect only to those works which, in their opinion, will not be carried out to the premises concerned in pursuance of the relevant scheme.
(2) Subject to subsection (3), subsection (1) shall apply in relation to the premises concerned from the time referred to in subsection (1) until the date on which the works specified in a relevant scheme are completed to the authority’s satisfaction (as certified under section 130(1) of the Local Government and Housing Act 1989).
(3) Subsection (1) shall cease to have effect in relation to the premises concerned on the day when the first of the following events occurs, that is to say,—
(a) the local housing authority determine not to submit a relevant scheme to the Secretary of State for approval; or
(b) the expiry of the period referred to in subsection (1)(b) without either the approval of a relevant scheme within that period or the submission of a relevant scheme to the Secretary of State within that period; or
(c) the Secretary of State notifies the authority that he does not approve a relevant scheme; or
(d) the authority ascertain that a relevant scheme, as submitted or approved, will not, for whatever reason, involve the carrying out of any works to the premises concerned.
(4) In any case where, in accordance with subsection (1), the authority serve a repair notice under subsection (1) or, as the case may be, subsection (1A) of section 189 with respect only to certain of the works which would otherwise be specified in the notice, subsection (2)(b) of that section shall have effect with respect to the notice as if after the word “notice” there were inserted the words “when taken together with works proposed to be carried out under a group repair scheme”.
(5) In this section and section 189 “group repair scheme” and “qualifying building” have the same meaning as in Part VIII of the Local Government and Housing Act 1989.”
4 (1) In section 191 (appeals against repair notices), in subsection (1A) after the words “dwelling-house” there shall be inserted “house in multiple occupation” and after that subsection there shall be inserted the following subsection—
“(1B) Without prejudice to the generality of subsection (1), it shall be a ground of appeal, in the case of a repair notice under section 189, that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action; and, where the grounds on which an appeal is brought are or include that specified in this subsection, the court, on the hearing of the appeal, shall have regard to any guidance given to the local housing authority under section 604A.”
(2) In subsection (3) of that section the words “(repair notice in respect of unfit dwelling-house)” shall be omitted and for the words from “the judge shall” onwards there shall be substituted— “ and the reason or one of the reasons for allowing the appeal is that making a closing order under section 264 or a demolition order under section 265 is the most satisfactory course of action, the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgement a finding to that effect”.
(3) In subsection (3B) of that section after the words “dwelling-house”, in both places where they occur, there shall be inserted “or house in multiple occupation”.
5 After that section there shall inserted the following section—
(1) The local housing authority may by agreement with the person having control of any premises execute at his expense any works which he is required to execute in respect of the premises in pursuance of a repair notice served under section 189 or section 190.
(2) For that purpose the authority shall have all such rights as that person would have against any occupying tenant of, and any other person having an interest in, the premises (or any part of the premises).”
6 Section 192 (power to purchase house found on appeal to be unfit and beyond repair at reasonable expense) shall cease to have effect.
7 In section 193 (power of local housing authority to execute works), in subsection (4) after the words “dwelling-house” there shall be inserted “house in multiple occupation” and for the words “in default of the person on whom the repair notice was served” there shall be substituted “in a case where the repair notice has not been complied with”.
8 (1) In section 197 (powers of entry), in subsection (1)—
(a) for the words “24 hours”' there shall be substituted “seven days' ”;
(b) at the end of paragraph (a) there shall be inserted “or”; and
(c) paragraph (c) and the word “or” immediately preceding it shall be omitted.
(2) At the end of subsection (2) of that section there shall be added the words “and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf”.
9 In section 198 (penalty for obstruction), in subsection (1) after the word “offence” there shall be inserted “intentionally”.
10 Section 205 (application of provisions to temporary or movable structures) shall cease to have effect.
11 Section 206 (repair at reasonable expense) shall cease to have effect.
12 (1) In section 207 (minor definitions), in subsection (1) in the definition beginning “dwelling-house” after the word “flat”, in the first place where it occurs, there shall be inserted “other than in the expression “flat in multiple occupation” ” and after that definition there shall be inserted—
““house in multiple occupation” and “flat in multiple occupation” have the same meaning as in Part XI”.
(2) In that subsection for the definition beginning “occupying tenant” there shall be substituted—
““occupying tenant”, in relation to a dwelling-house, means a person (other than an owner-occupier) who—
(a) occupies or is entitled to occupy the dwelling-house as a lessee; or
(b) is a statutory tenant of the dwelling-house; or
(c) occupies the dwelling-house as a residence under a restricted contract; or
(d) is a protected occupier, within the meaning of the Rent (Agriculture) Act 1976; or
(e) is a licensee under an assured agricultural occupancy;”
(3) In that subsection after the definition of “owner” there shall be inserted—
““owner-occupier”, in relation to a dwelling-house, means the person who, as owner or lessee under a long tenancy, within the meaning of Part I of the Leasehold Reform Act 1967, occupies or is entitled to occupy the dwelling-house;
“person managing” has the same meaning as in Part XI”.
(4) In that subsection in the definition beginning “person having control” for the words “subject to section 191(3A)” there shall be substituted “subject to sections 189(1B), 190(1C) and 191” and in paragraph (a) after the words “dwelling-house” there shall be inserted “or house in multiple occupation”.
(5) In that subsection in the definition beginning “premises” after the words “dwelling-house” there shall be inserted “house in multiple occupation”.
(6) In subsection (2) of that section after the words “dwelling-house”, in the first place where they occur, there shall be inserted “or house in multiple occupation”.
13 In section 208 (index of defined expressions for Part VI)—
(a) the entries beginning “house” and “reasonable expense” shall be omitted;
(b) in the entry beginning “occupying tenant” for the words in the second column there shall be substituted “section 207”; and
(c) at the appropriate places in alphabetical order there shall be inserted the following entries—
| “dwelling-house | sections 205 and 207” |
| “flat | section 207” |
| “house in multiple occupation (and flat in multiple occupation) | section 345” |
| “owner-occupier | section 207” |
| “person managing | section 398” |
| “premises | section 207” |
| “restricted contract | section 622 |
| statutory tenant | section 622” |
14 For sections 264 (power to accept undertaking as to reconstruction or use of unfit house) and 265 (demolition or closing order to be made where no undertaking accepted or undertaking broken) there shall be substituted the following sections—
(1) Where the local housing authority are satisfied that a dwelling-house or house in multiple occupation is unfit for human habitation and that, in accordance with section 604A, taking action under this subsection is the most satisfactory course of action, they shall make a closing order with respect to the dwelling-house or house in multiple occupation.
(2) Where the local housing authority are satisfied that, in a building containing one or more flats, some or all of the flats are unfit for human habitation and that, in accordance with section 604A, taking action under this subsection is the most satisfactory course of action, they shall make a closing order with respect to the whole or part of the building.
(3) In deciding for the purposes of subsection (2)—
(a) whether to make a closing order with respect to the whole or part of the building; or
(b) in respect of which part of the building to make a closing order;
the authority shall have regard to such guidance as may from time to time be given by the Secretary of State under section 604A.
(4) This section has effect subject to section 300(1) (power to purchase for temporary housing use houses liable to be demolished or closed).
(1) Where the local housing authority are satisfied that—
(a) a dwelling-house which is not a flat, or
(b) a house in multiple occupation which is not a flat in multiple occupation,
is unfit for human habitation and that, in accordance with section 604A, taking action under this subsection is the most satisfactory course of action, they shall make a demolition order with respect to the dwelling-house or house concerned.
(2) Where the local housing authority are satisfied that, in a building containing one or more flats, some or all of the flats are unfit for human habitation and that, in accordance with section 604A, taking action under this subsection is the most satisfactory course of action, they shall make a demolition order with respect to the building.
(3) This section has effect subject to sections 300(1) (power to purchase for temporary housing use houses liable to be demolished or closed) and 304(1) (listed buildings and buildings protected by notice pending listing).”
15 Section 266 (power to make closing order as to part of building) shall cease to have effect.
16 (1) In section 268 (service of notice of order), in subsection (1), paragraph (a) shall be omitted and in paragraph (b) the word “other” shall be omitted.
(2) After that subsection there shall be inserted the following subsection—
“(1A) Where the premises in respect of which a demolition or closing order is made is a building or part of a building containing flats, any reference in paragraphs (b) and (c) of subsection (1) to “the premises” includes a reference to the flats in the building or part of the building concerned.”
17 (1) In section 269 (right of appeal against order), in subsection (2) after the word “premises” there shall be inserted “or part of the premises”.
(2) After that subsection there shall be inserted the following subsection—
“(2A) Without prejudice to the generality of subsection (1), it shall be a ground of appeal—
(a) in the case of a closing order, that serving a repair notice under section 189 or making a demolition order under section 265 is the most satisfactory course of action; and
(b) in the case of a demolition order, that serving a repair notice under section 189 or making a closing order under section 264 is the most satisfactory course of action;
and, where the grounds on which an appeal is brought are or include that specified in paragraph (a) or paragraph (b), the court, on hearing the appeal, shall have regard to any guidance given to the local housing authority under section 604A.”
(3) In subsection (3) of that section, paragraph (b) and the word “and” immediately preceding it shall be omitted.
(4) After that subsection there shall be inserted the following subsection—
“(3A) Where an appeal is allowed against a closing or demolition order and the reason or one of the reasons for allowing the appeal is that specified in paragraph (a) or, as the case may be, paragraph (b) of subsection (2A), the judge shall, if requested to do so by the appellant or the local housing authority, include in his judgement a finding to that effect.”
(5) Subsections (4) and (5) of that section shall cease to have effect.
18 (1) In section 270 (demolition orders: recovery of possession of building to be demolished), in subsection (1)—
(a) after the word “operative” there shall be inserted “with respect to any premises”;
(b) for the words from “the occupier” to “relates” there shall be substituted “any occupier of the premises or any part of the premises”; and
(c) in paragraphs (b) and (c) for the word “building” there shall be substituted “premises”.
(2) In subsections (2), (3), (4) and (5) of that section—
(a) for the words “the building”, in each place where they occur, there shall be substituted “the premises”;
(b) for the word “it”, in each place where it occurs, there shall be substituted “them”; and
(c) for the words “a building”, in each place where they occur, there shall be substituted “any premises”.
19 In section 273 (demolition orders: cleansing before demolition), in subsection (4) for the word “house” there shall be substituted “premises”.
20 (1) In section 274 (demolition orders: power to permit reconstruction of condemned house), in subsection (1) for the word “house”, in each place where it occurs, there shall be substituted “premises”.
(2) In subsection (2) of that section—
(a) for the word “houses” there shall be substituted “dwelling-houses or houses in multiple occupation”;
(b) for the word “house” there shall be substituted “premises”; and
(c) for the word “it” there shall be substituted “them”.
(3) In subsection (4) of that subsection—
(a) for the words “a house” there shall be substituted “any premises”;
(b) for the word “it” there shall be substituted “them”; and
(c) for the words “the house” there shall be substituted “the premises or part of the premises”.
21 (1) In section 275 (demolition orders: substitution of closing order to permit use otherwise than for human habitation), in subsection (1)—
(a) for the words “a house” there shall be substituted “any premises”; and
(b) for the words “the house”, in each place where they occur, there shall be substituted “the premises”.
(2) In subsection (2) of that section, for the words following “on” there shall be substituted “every person on whom they would be required by section 268 to serve a copy of a closing order made under section 264”.
22 In section 278 (closing orders: determination of order on premises being rendered fit), in subsection (1) for the words “premises”, in the first place where they occur, there shall be substituted “dwelling-house, house in multiple occupation or, in the case of a building containing flats, the flats concerned”.
23 (1) In section 279 (closing orders: substitution of demolition order), in subsection (1) for the words “subsection (2)” there shall be substituted “subsections (2) and (2A)”.
(2) In subsection (2) of that section the words “section 266 (parts of buildings and underground rooms)” shall be omitted.
(3) After that subsection there shall be inserted the following subsection—
“(2A) The power conferred by subsection (1) is not exercisable in relation to a closing order made under section 264(1) where the dwelling-house concerned is a flat or, as the case may be, where the house in multiple occupation is a flat in multiple occupation.”
24 Sections 280, 281 and 282 (which relate to the closing etc. of underground rooms) shall cease to have effect.
25 (1) In section 289 (declaration of clearance area), in subsection (2)—
(a) at the beginning there shall be inserted the words “Subject to subsections (2B) to (2F), (4) and (5B)”;
(b) in paragraph (a) for the words “houses in the area” there shall be substituted “buildings in the area which are dwelling-houses or houses in multiple occupation or contain one or more flats (in this section referred to as “residential buildings”)”; and
(c) in the words following paragraph (b) after the word “and” there shall be inserted “in accordance with subsection 604A” and for the words “method of dealing with the conditions in the area” there shall be substituted “course of action”.
(2) After that subsection there shall be inserted the following subsections—
“(2A) A residential building containing one or more flats shall be treated for the purposes of this section as unfit for human habitation if some or all of the flats within it are unfit for human habitation.
(2B) Before declaring an area to be a clearance area, the authority shall—
(a) serve notice of their intention to include a building in the clearance area on every person who has an interest in the building (whether as freeholder, lessee or mortgagee) and also, in the case of a residential building, on every person who has such an interest in any flat in the building; and
(b) take reasonable steps to inform any occupiers of a residential building who do not have such an interest in the building or a flat in the building as is referred to in paragraph (a) of their intention to include the building in the clearance area; and
(c) publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) notice of their intention to declare the area to be a clearance area.
(2C) A notice served under paragraph (a) of subsection (2B) shall invite representations from the person on whom the notice was served within such reasonable period, being not less than twenty-eight days after the date on which the notice is served, as may be specified in the notice.
(2D) The authority shall, by the steps taken in relation to occupiers of a residential building as mentioned in paragraph (b) of subsection (2B), invite representations from those occupiers within such reasonable period, expiring not less than twenty-eight days after the date on which the steps are taken, as may be specified by the authority.
(2E) A notice published in accordance with paragraph (c) of subsection (2B) shall invite representations from any interested persons within such reasonable period, being not less than twenty-eight days after the date on which the notice is published, as may be specified in the notice.
(2F) The authority shall consider all representations made under subsections (2C), (2D) and (2E) and, in the light of the representations, shall take whichever of the following decisions they think appropriate, that is to say—
(a) they may decide to declare the area to be a clearance area; or
(b) they may decide to declare the area to be a clearance area but exclude such residential buildings which are unfit for human habitation as they think fit; or
(c) they may decide not to declare the area to be a clearance area.”
(3) In subsection (3) of that section,—
(a) for the words “If the authority are so satisfied” there shall be substituted the words “Subject to subsection (5B), where the authority decide to declare an area to be a clearance area in accordance with paragraph (a) or paragraph (b) of subsection (2F)”; and
(b) in paragraph (a), for the words from “any building” onwards there shall be substituted—
“(i) any residential building which is not unfit for human habitation or dangerous or injurious to health;
(ii) any other building which is not dangerous or injurious to health; and
(iii) any residential buildings which, by virtue of subsection (2F)(b), they have decided to exclude from the area; and”.
(4) After subsection (5) there shall be inserted the following subsections—
“(5A) Where a residential building which is unfit for human habitation is not included within a clearance area, whether by virtue of paragraph (b) or paragraph (c) of subsection (2F), the authority shall forthwith, in accordance with section 604A (disregarding guidance under that section in respect of this section), take action in respect of the building (and any flat contained within it) under whichever of sections 189, 264 and 265 it considers to be the most satisfactory course of action.
(5B) Subject to section 578A, a clearance area may not include any parcel of land which is not contiguous with another parcel of land within the area; and, where the effect of subsection (3) would otherwise be that a clearance area would comprise two or more separate and distinct areas, paragraph (b) of that subsection shall have effect as if for the words “pass a resolution declaring the area so defined” there were substituted “if the effect of paragraph (a) would otherwise be that the area would comprise two or more separate and distinct areas, pass a separate resolution in respect of each of those areas declaring each of them”.”
26 In section 291 (method of dealing with land acquired for clearance), in subsection (3) the words “Schedule 11 (rehabilitation orders)” shall be omitted.
27 (1) In section 294 (extinguishment of public rights of way over land acquired), at the end of subsection (1) there shall be added the words “as from such date as the Secretary of State in approving the order may direct”.
(2) In subsection (2) of that section for the words from “they may make” onwards there shall be substituted “an order made by the authority in advance of the purchase and approved by the Secretary of State (whether before or after the purchase) shall extinguish that right as from such date as the Secretary of State in approving the order may direct”.
(3) In subsection (3) of that section—
(a) for the word “six” there shall be substituted “four”; and
(b) after the word “publication” there shall be inserted “then, subject to subsection (4)”.
(4) After that subsection there shall be inserted the following subsection—
“(4) The Secretary of State may dispense with such an inquiry as is referred to in subsection (3) if he is satisfied that in the special circumstances of the case the holding of such an inquiry is unnecessary.”
28 Section 299 and Schedule 11 (rehabilitation orders in respect of houses in clearance areas) shall cease to have effect.
29 (1) In section 300 (purchase of houses liable to be demolished or closed), in subsection (1)—
(a) after the word “under” there shall be inserted “section 264 or”;
(b) for the word “house”, in the first place where it occurs, there shall be substituted “dwelling-house (not being a flat), a house in multiple occupation (not being a flat in multiple occupation) or the whole of a building”; and
(c) for the word “house”, in the second place where it occurs, there shall be substituted “dwelling-house, house in multiple occupation or, as the case may be, building”.
Local Government and Housing Act 1989 (C. 42)