Housing Act 1985

• (2) The copies required to be served under subsection (1) shall be served within the period of seven days beginning with the day on which the order is made.

• (3) A copy of the order is to be regarded as having been served on every occupier in accordance with subsections (1) and (2) if a copy of the order is fixed to some conspicuous part of the premises within the period of seven days mentioned in subsection (2).

• (4) A demolition order against which no appeal is brought under section 269 becomes operative at the end of the period of 28 days beginning with the day on which the order is made and is final and conclusive as to matters which could be raised on an appeal.

• (5) Section 246 of the Housing Act 2004 (service of notices)—

• (a) applies in relation to copies required to be served under this section (instead of section 617 below), and

• (b) so applies as it applies in relation to documents required to be served under any provision of Parts 1 to 4 of that Act.

Right of appeal against order.

269

• (1) A person aggrieved by a demolition order may, within the period of 28 days beginning with the day on which the order is made,, appeal to the appropriate tribunal.

• (2) No appeal lies at the instance of a person who is in occupation of the premises or part of the premises under a lease or agreement with an unexpired term of three years or less.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) On an appeal the tribunal—

• (a) may make such order either confirming or quashing or varying the order as it thinks fit, . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) If an appeal is brought the order does not become operative until—

• (a) a decision on the appeal confirming the order (with or without variation) is given and the period within which an appeal to the Upper Tribunal may be brought expires without any such appeal having been brought, or

• (b) if a further appeal to the Upper Tribunal is brought, a decision on that appeal is given confirming the order (with or without variation);

and for this purpose the withdrawal of an appeal has the same effect as a decision confirming the order or decision appealed against.

Demolition orders

Demolition orders: recovery of possession of building to be demolished.

270

• (1) Where a demolition order has become operative with respect to any premises, the local housing authority shall serve on any occupier of the premises or any part of the premises a notice—

• (a) stating the effect of the order,

• (b) specifying the date by which the order requires the premises to be vacated, and

• (c) requiring him to quit the premises before that date or before the expiration of 28 days from the service of the notice, whichever may be the later.

• (2) If any person is in occupation of the premises, or any part of them, at any time after the date on which the notice requires the premises to be vacated, the local housing authority or an owner of the premises may apply to the county court which shall thereupon order vacant possession of the premises or part to be given to the applicant within such period, of not less than two or more than four weeks, as the court may determine.

• (3) Nothing in the Rent Acts , the Renting Homes (Wales) Act 2016 (anaw 1) or secondary legislation made under that Act or Part I of the Housing Act 1988 affects the provisions of this section relating to the obtaining possession of any premises.

• (4) Expenses incurred by the local housing authority under this section in obtaining possession of any premises, or part of any premises, may be recovered by them by action from the owner, or from any of the owners, of the premises.

• (5) A person who, knowing that a demolition order has become operative and applies to any premises—

• (a) enters into occupation of the premises, or a part of them, after the date by which the order requires them to be vacated, or

• (b) permits another person to enter into such occupation after that date,

commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £5 for every day or part of a day on which the occupation continues after conviction.

Demolition orders: execution of order.

271

• (1) When a demolition order has become operative, the owner of the premises to which it applies shall demolish the premises within the time limited by the order, and if the premises are not demolished within that time the local housing authority shall enter and demolish them and sell the materials.

• (2) Subsection (1) has effect subject to—

• section 273 (cleansing before demolition),

• section 274 (power to permit reconstruction), and

• section 275 (use otherwise than for human habitation).

Demolition orders: expenses of local housing authority, &c.

272

• (1) Expenses incurred by the local housing authority under section 271 (execution of demolition order), after giving credit for any amount realised by the sale of materials, may be recovered by them from the owner of the premises.

• (2) If there is more than one owner—

• (a) the expenses may be recovered by the local housing authority from the owners in such shares as the appropriate tribunal may determine to be just and equitable, and

• (b) an owner who pays to the authority the full amount of their claim may recover from any other owner such contribution, if any, as the appropriate tribunal may determine to be just and equitable.

• (3) A surplus in the hands of the authority shall be paid by them to the owner of the premises or, if there is more than one owner, as the owners may agree.

• (4) If there is more than one owner and the owners do not agree as to the division of the surplus, the authority shall, by virtue of this subsection, be trustees of the surplus for the owners of the premises and section 63 of the Trustee Act 1925 (which relates to payment into court by trustees) has effect accordingly.

• (5) a residential property tribunal has jurisdiction to hear and determine proceedings under subsection (1) (as well as those under subsection (2)), and the county court has jurisdiction under section 63 of the Trustee Act 1925 in relation to such a surplus as is referred to in subsection (4).

• (6) In determining for the purposes of this section the shares in which expenses are to be paid or contributed by, or a surplus divided between, two or more owners of premises, a tribunal or court shall have regard to all the circumstances of the case, including—

• (a) their respective interests in the premises, and

• (b) their respective obligations and liabilities in respect of maintenance and repair under any covenant or agreement, whether express or implied.

Demolition orders: cleansing before demolition.

273

• (1) If it appears to the local housing authority that premises to which a demolition order applies require to be cleansed from vermin, they may, at any time between the date on which the order is made and the date on which it becomes operative, serve notice in writing on the owner or owners of the premises that they intend to cleanse the premises before they are demolished.

• (2) Where the authority have served such a notice—

• (a) they may, at any time after the order has become operative and the premises have been vacated, enter and carry out such work as they may think requisite for the purpose of destroying or removing vermin, and

• (b) the demolition shall not be begun or continued by an owner after service of the notice on him, except as mentioned in subsection (3), until the authority have served on him a further notice authorising him to proceed with the demolition.

• (3) An owner on whom a notice has been served under subsection (1) may, at any time after the premises have been vacated, serve notice in writing on the authority requiring them to carry out the work within 14 days from the receipt of the notice served by him, and at the end of that period shall be at liberty to proceed with the demolition whether the work has been completed or not.

• (4) Where the local housing authority serve a notice under subsection (1), they shall not take action under section 271 (under which they are to demolish the premises if the owners do not) until the expiration of six weeks from the date on which the owner or owners become entitled by virtue of subsection (2) or (3) to proceed with the demolition.

Demolition orders: power to permit reconstruction of condemned house.

274

• (1) Where a demolition order has become operative—

• (a) the owner of the premises, or

• (b) any other person who in the opinion of the local housing authority is or will be in a position to put his proposals into effect,

may submit proposals to the authority for the execution by him of works designed to secure the reconstruction, enlargement or improvement of the premises, or of buildings including the house.

• (2) If the authority are satisfied that the result of the works will be—

• (a) in the case of a demolition order made under section 265(1) or (2), that the hazard concerned ceases to be a category 1 hazard, or

• (b) in the case of a demolition order made under section 265(3) or (4), that a prescribed state of affairs exists,

they may, in order that the person submitting the proposals may have an opportunity of carrying out the works, extend for such period as they may specify the time within which the owner of the premises is required under section 271 to demolish them.

• (3) In subsection (2) “prescribed state of affairs” means such state of affairs as may be specified or described in an order made by the Secretary of State.

• (4) An order under subsection (3)—

• (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.

• (5) That time may be further extended by the authority, once or more often as the case may require, if—

• (a) the works have begun and appear to the authority to be making satisfactory progress, or

• (b) though they have not begun, the authority think there has been no unreasonable delay.

• (6) Where the authority determine to extend, or further extend, the time within which the owner of any premises is required under section 271 to demolish them, notice of the determination shall be served by the authority on every person having an interest in the premises or part of the premises, whether as freeholder, mortgagee or otherwise.

• (7) If the works are completed to the satisfaction of the authority they shall revoke the demolition order (but without prejudice to any subsequent proceedings under this Part or Part 1 of the Housing Act 2004).

Demolition orders: substitution of closing order to permit use otherwise than for human habitation.

275

• (1) If—

• (a) an owner of any premises in respect of which a demolition order has become operative, or

• (b) any other person who has an interest in the premises,

submits proposals to the local housing authority for the use of the premises for a purpose other than human habitation, the authority may, if they think fit, determine the demolition order and make a prohibition order under section 20 or 21 of the Housing Act 2004 in respect of the hazard concerned.

• (2) The authority shall serve notice that the demolition order has been determined, and a copy of the prohibition order, on every person on whom they are required by Part 1 of Schedule 2 to the Housing Act 2004 to serve a copy of the prohibition order.

Closing orders

Closing orders: recovery of possession of house.

276

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closing orders: enforcement.

277

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closing orders: determination of order on premises being rendered fit.

278

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closing orders: substitution of demolition order.

279

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closing of underground rooms

Meaning of “underground room”.

280

Regulations as to ventilation, lighting, etc. of underground rooms.

281

• (1) A local housing authority may, with the consent of the Secretary of State, make regulations for securing the proper ventilation and lighting of underground rooms and the protection of such rooms against dampness, effluvia or exhalation.

• (2) If a local housing authority, after being required to do so by the Secretary of State, fail to make regulations under subsection (1), or to make such regulation as he approves, the Secretary of State may himself by statutory instrument make regulations which shall have effect as if made by the authority under that subsection.

Closing of underground room deemed to be unfit for human habitation.

282

• (1) An underground room shall be deemed for the purposes of section 266 (closing orders) to be unfit for human habitation if—

• (a) the average height of the room from floor to ceiling is not at least seven feet, or

• (b) the room does not comply with regulations made by the local housing authority under section 281.

• (2) Nothing in this section affects the taking of action in respect of premises consisting of or including an underground room on the ground that they are unfit for human habitation in accordance with section 604 (fitness for human habitation: general provisions).

Demolition of obstructive buildings

Buildings liable to be demolished as “obstructive buildings”.

283

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obstructive building order.

284

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right of appeal against obstructive building order.

285

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obstructive building order: recovery of possession of building to be demolished.

286

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Execution of obstructive building order.

287

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obstructive buildings: expenses of local housing authority, &c.

288

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Clearance areas

Declaration of clearance area.

289

• (1) A clearance area is an area which is to be cleared of all buildings in accordance with the following provisions of this Part.

• (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).

• (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 contain category 1 or category 2 hazards as they think fit; or

• (c) they may decide not to declare the area to be a clearance area.

• (3) 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) they shall—

• (a) cause the area to be defined on a map in such manner as to exclude from any area

• (i) any residential building which is not dangerous or harmful to health or safety

• (ii) any other building which is not dangerous or harmful to health or safety ; and

• (iii) any residential buildings which, by virtue of subsection (2F)(b), they have decided to exclude from the area; and

• (b) pass a resolution declaring the area so defined to be a clearance area.

• (4) Before passing such a resolution the authority shall satisfy themselves—

• (a) that, in so far as suitable accommodation does not already exist for the persons who will be displaced by the clearance of the area, the authority can provide, or secure the provision of, such accommodation in advance of the displacements which will from time to time become necessary as the demolition of the buildings in the area, or in different parts of it, proceeds, and

• (b) that the resources of the authority are sufficient for the purposes of carrying the resolution into effect.

• (5) The authority shall forthwith transmit to the Secretary of State a copy of any resolution passed by them under this section, together with a statement of the number of persons who on a day specified in the statement were occupying the buildings comprised in the clearance area.

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (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

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Acquisition of land for clearance.

290

• (1) So soon as may be after the local housing authority have declared an area to be a clearance area, they shall proceed to secure the clearance of the area (subject to and in accordance with the provisons of this Part) by purchasing the land comprised in the area and themselves undertaking, or otherwise securing, the demolition of the buildings on the land.

• (2) Where the authority determine to purchase land comprised in a clearance area, they may also purchase—

• (a) land which is surrounded by the clearance area and the acquisition of which is reasonably necessary for the purpose of securing a cleared area of convenient shape and dimensions, and

• (b) adjoining land the acquisition of which is reasonably necessary for the satisfactory development or use of the cleared area.

• (3) Where the authority have determined to purchase land under this section, they may purchase the land by agreement or be authorised by the Secretary of State to purchase the land compulsorily.

• (4) The powers conferred by subsection (3) are exercisable notwithstanding that any of the buildings within the area have been demolished since the area was declared to be a clearance area.

Method of dealing with land acquired for clearance.

291

• (1) A local housing authority who have purchased land under section 290 shall, so soon as may be, cause every building on the land to be vacated and deal with the land in one or other of the following ways, or partly in one of those ways and partly in the other, that is to say—

• (a) themselves demolish every building on the land within the period mentioned in subsection (2) and thereafter appropriate or dispose of the land, subject to such restrictions and conditions (if any) as they think fit, or

• (b) dispose of the land as soon as may be subject to a condition that the buildings on it be demolished forthwith, and subject to such restrictions and other conditions (if any) as they think fit.

• (2) The period within which the authority is to demolish a building under paragraph (a) of subsection (1) is six weeks from the date on which the building is vacated or such longer period as in the circumstances they consider reasonable.

• (3) This section has effect subject to—

• section 301 (retention of premises for temporary housing use),

• sections 305 and 306 (suspensions of clearance procedure on building becoming listed), and

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The references in subsection (1) to appropriation or disposal under the general powers conferred by section 122 or 123 of the Local Government Act 1972.

Power to discontinue proceedings if acquisition of land proves unnecessary.

292

Where the local housing authority have submitted to the Secretary of State an order for the compulsory purchase of land in a clearance area and the Secretary of State, on an application being made to him by the owner or owners of the land and the authority, is satisfied—

• (a) that the owner or owners of the land, with the concurrence of any mortgagee of the land, agree to the demolition of the buildings on the land, and

• (b) that the authority can secure the proper clearance of the area without acquiring the land,

the Secretary of State may authorise the authority to discontinue proceedings for the purchase of the land on their being satisfied that such covenants have been or will be entered into by all necessary parties as may be requisite for securing that the buildings will be demolished, and the land become subject to the like restrictions and conditions, as if the authority had dealt with the land in accordance with the provisions of section 291.

Property belonging to the local housing authority.

293

• (1) The local housing authority may include in a clearance area land belonging to them which they might have included in the area if it had not belonged to them, and the provisions of this Part apply to land so included as they apply to land purchased by the authority as being comprised in the clearance area.

• (2) Where land belonging to the local housing authority is surrounded by or adjoins a clearance area and might, had it not previously been acquired by them, have been purchased by the authority under section 290(2), the provisions of this part apply to that land as they apply to land purchased by the authority as being surrounded by or adjoining the clearance area.

Extinguishment of public rights of way over land acquired.

294

• (1) The local housing authority may, with the approval of the Secretary of State, by order extinguish any public right of way over land acquired by them under section 290 (land acquired for clearance) as from such date as the Secretary of State in approving the order may direct.

• (2) Where the authority have resolved to purchase under that section land over which a public right of way exists, 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) The order shall be published in such manner as may be prescribed and if objection to the order is made to the Secretary of State before the expiration of four weeks from its publication then, subject to subsection (4), he shall not approve the order until he has caused a public local inquiry to be held into the matter.

• (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.

Extinguishment of other rights over land acquired.

295

• (1) Upon the completion by the local housing authority of the purchase by them under section 290 (land acquired for clearance)—

• (a) all private rights of way over the land,

• (b) all rights of laying down, erecting, continuing or maintaining apparatus on, under or over the land, and

• (c) all other rights or easements in or relating to the land,

shall be extinguished and any such apparatus shall vest in the authority.

• (2) Subsection (1) has effect subject to—

• (a) any agreement which may be made between the local housing authority and the person in or to whom the right or apparatus is vested or belongs, and

• (b) sections 296 and 298 (which relate to the rights and apparatus of statutory undertakers and certain operators of electronic communications networks).

• (3) A person who suffers loss by the extinguishment of any right or the vesting of any apparatus under subsection (1) is entitled to be paid by the local housing authority compensation to be determined under and in accordance with the Land Compensation Act 1961.

Apparatus of statutory undertakers.

296

• (1) Section 295(1) (extinguishment of rights over land acquired for clearance and vesting of apparatus in local housing authority) does not apply to—

• (a) any right vested in statutory undertakers of laying down, erecting, continuing or maintaining any apparatus, or

• (b) any apparatus belonging to statutory undertakers.

• (2) Where the removal or alteration of apparatus belonging to statutory undertakers—

• (a) on, under or over land purchased by a local housing authority under section 290 (land acquired for clearance), or

• (b) on, under or over a street running over, or through, or adjoining any such land.

is reasonably necesssary for the purpose of enabling the authority to exercise any of the powers conferred on them by the provisions of this Part relating to clearance areas, the authority may execute works for the removal or alteration of the apparatus, subject to and in accordance with the provisions of section 297 (procedure for removal or alteration of apparatus).

• (3) The local housing authority shall make reasonable compensation to statutory undertakers for any damage sustained by the undertakers by reason of the execution by the authority of works under this section and not made good by the provision of substituted apparatus; and any question as to the right of undertakers to recover such compensation or as to its amount shall be referred to and determined by the Upper Tribunal.

• (4) In this section—

• (a) “statutory undertakers” means persons authorised by an enactment, or by an order, rule or regulation made under an enactment, to construct, work or carry on a railway, canal, inland navigation, dock, harbour, tramway, gas, . . . , . . . or other public undertaking;

• (b) “apparatus” means sewers, drains, culverts, water-courses, mains, pipes, valves, tubes, cables, wires, tranformers and other apparatus laid down or used for or in connection with the carrying, conveying or supplying to any premises of a supply of water, water for hydraulic power, gas or electricity, and standards and brackets carrying street lamps;

• (c) references to the alteration of apparatus include references to diversion and to the alteration of position or level.

Procedure for removal or alteration of apparatus under s. 296.

297

• (1) A local housing authority who intend to remove or alter apparatus in exercise of the power conferred by section 296—

• (a) shall serve on the undertakers notice in writing of their intention with particulars of the proposed works and of the manner in which they are to be executed and plans and sections of them, and

• (b) shall not commence any works until the expiration of the period of 28 days from the date of service of that notice;

and within that period the undertakers may, by notice in writing served on the authority, make objections to, or state requirements with respect to, the proposed works as follows.

• (2) The undertakers may object to the execution of the works, or any of them, on the ground that they are not reasonably necessary for the purpose mentioned in section 296(2); and if objection is so made to any works and not withdrawn, the authority shall not execute the works unless they are determined by arbitration to be so necessary.

• (3) The undertakers may state requirements to which, in their opinion, effect ought to be given as to—

• (a) the manner of, or the conditions to be observed in, the execution of the works, or

• (b) the execution of other works for the protection of other apparatus belonging to the undertakers or for the provision of substituted apparatus, whether permanent or temporary;

and if any such requirement is so made and not withdrawn, the authority shall give effect to it unless it is determined by arbitration to be unreasonable.

• (4) At least seven days before commencing any works which they are authorised by section 296, or required by subsection (3), to execute, the local housing authority shall, except in case of emergency, serve on the undertakers notice in writing of their intention to do so; and the works shall be executed by the authority under the superintendence (at the expense of the authority) and to the reasonable satisfaction of the undertakers.

• (5) If within seven days from the date of service on them of such a notice the undertakers so elect, they shall themselves execute the works in accordance with the reasonable directions and to the reasonable satisfaction of the authority; and the reasonable costs of the works shall be repaid to the undertakers by the authority.

• (6) Any matter which by virtue of subsection (2) or (3) is to be determined by arbitration, and any difference arising between statutory undertakers and a local housing authority under subsection (4) or (5), shall be referred to and determined by an arbitrator to be appointed, in default of agreement, by the Secretary of State.

Telecommunication apparatus.

298

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Where a public right of way over land is extinguished by an order under section 294 and immediately before the order comes into operation there is under, in, on, over, along or across the land electronic communications apparatus kept installed for the purposes of an electronic communications code network, the powers of the operator of the network in respect of the apparatus are not affected by the order, but any person entitled to the land over which the right of way subsisted may require the alteration of the apparatus, and Part 6 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (procedure for exercise of right to require removal of apparatus) applies.

• (3) Section 295(1) (extinguishment of other rights over land acquired for clearance and vesting of apparatus in local housing authority) does not apply to—

• (a) any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, or

• (b) electronic communications apparatus kept installed for the purposes of such a network;

but the local housing authority may, where it is reasonably necessary for the purpose of enabling the authority to exercise any of the powers conferred on them by the provisions of this Act relating to clearance areas, execute works for the alteration of such apparatus, and Part 10 of the telecommunications code (procedure for works involving alteration of apparatus) applies.

Rehabilitation orders

Rehabilitation orders in respect of houses in clearance areas.

299

Use of condemned houses for temporary housingaccommodation

Purchase of houses liable to be demolished or closed.

300

• (1) Where—

• (a) the local housing authority would be required under section 5 of the Housing Act 2004 to make a demolition order under section 265(1) or (2) of this Act in respect of a dwelling, a house in multiple occupation or a building containing one or more flats, and

• (b) it appears to them that the dwelling, house in multiple occupation or, as the case may be, building is or can be rendered capable of providing accommodation of a standard which is adequate for the time being,

they may purchase it instead.

• (2) Where—

• (a) the local housing authority would be required under section 5 of the Housing Act 2004 to make a relevant prohibition order in respect of a dwelling, a house in multiple occupation or a building containing one or more flats, and

• (b) it appears to them that the dwelling, house in multiple occupation or, as the case may be, building is or can be rendered capable of providing accommodation of a standard which is adequate for the time being,

they may purchase it instead.

• (3) In subsection (2) “relevant prohibition order” means a prohibition order under section 20 of the Housing Act 2004 which imposes in relation to the whole of the dwelling, house in multiple occupation or building a prohibition on its use for all purposes other than any purpose approved by the authority.

• (4) Where an authority have determined to purchase any premises under subsection (1)—

• (a) they shall serve a notice of their determination on the persons on whom they would have been required by section 268(1) to serve a copy of a demolition order, and

• (b) sections 268(4) and 269(1), (2), (3) and (6) (operative date and right of appeal) apply to such a notice as they apply to a demolition order.

• (5) Where an authority have determined to purchase any premises under subsection (2)—

• (a) they shall serve a notice of their determination on the persons on whom they would have been required by Part 1 of Schedule 2 to the Housing Act 2004 (service of prohibition orders) to serve a copy of the relevant prohibition order; and

• (b) section 24 of that Act and Parts 1 and 3 of that Schedule (operative date, right of appeal etc.) apply to such a notice as they apply to a prohibition order which is not suspended or to appeals against such an order (as the case may be).

• (6) At any time after the notice has become operative the authority may purchase the dwelling, house in multiple occupation or building by agreement or be authorised by the Secretary of State to purchase it compulsorily.

• (7) This section does not apply where section 304(1) applies (listed building or building protected pending listing).

Retention of houses acquired for clearance.

301

• (1) The local housing authority, having declared an area to be a clearance area, may postpone for such period as they may determine the demolition of residential buildings on land purchased by them within the area if, in their opinion, the residential buildings are or can be rendered capable of providing accommodation of a standard which is adequate for the time being.

• (2) Where the local housing authority are satisfied that a residential building on land purchased by them within a clearance area which is not retained by them for temporary use for housing purposes—

• (a) is required for the support of a residential building which is so retained, or

• (b) should not be demolished for the time being for some other special reason connected with the exercise in relation to the clearance area of the authority’s powers under subsection (1).

they may retain the residential building for the time being and are not required to demolish it so long as it is required for that purpose or, as the case may be, so long as those powers are being exercised by the authority in relation to that area.

• (3) Where the demolition of any residential buildings in a clearance area is postponed under this section, the local housing authority may also postpone the taking of proceedings under section 290(1) (acquisition of land for clearance) in respect of buildings other than residential buildings within the area.

• (4) In this section and section 302 “residential building” has the same meaning as it has in section 289.

Management and repair of houses acquired under s. 300 or retained under s. 301.

302

Where a residential building is acquired by a local housing authority under section 300 or retained by a local housing authority under section 301 for temporary use for housing purposes—

• (a) the authority have the like powers in respect of the residential building as they have in respect of dwellings provided by them under Part II (provision of housing accommodation);

• (b) the authority may carry out such works as may from time to time be required for rendering and keeping the residential building capable of providing accommodation of a standard which is adequate for the time being pending its demolition;

• (c) sections 8 and 9A of the Landlord and Tenant Act 1985 (implied condition of fitness for human habitation) do not apply to a contract for the letting of the residential building or any flat in the building by the authority.

Listed buildings

Meaning of “listed building”.

303

In this Part “listed building” means a building included in a list of buildings of special architectural or historic interest under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 76 of the Historic Environment (Wales) Act 2023.

Closing order to be made in respect of listed building subject to s. 265.

304

• (1) A local housing authority shall not make a demolition order under section 265 (power to make a demolition order) in respect of a listed building.

• (2) Where a dwelling, house in multiple occupation or building in respect of which a demolition order has been made becomes a listed building, the local housing authority shall determine the order (whether or not it has become operative).

• (3) The local housing authority shall serve notice that the demolition order has been determined on every person on whom they would be required by section 268 to serve a copy of a new demolition order in relation to the premises.

• (4) The Secretary of State may give notice in respect of a dwelling, house in multiple occupation or building to the local housing authority stating that its architectural or historic interest is sufficient to render it inexpedient that it should be demolished pending determination of the question whether it should be a listed building; and the provisions of this section apply to a dwelling, house in multiple occupation or building in respect of which such a notice is in force as they apply to a listed building.

Building becoming listed when subject to compulsory purchase for clearance.

305

• (1) Where a building in England to which a compulsory purchase order under section 290 applies (acquisition of land for clearance) becomes a listed building at any time after the making of the order, the authority making the order may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to the demolition of the building.

• (1A) Where a building in Wales to which a compulsory purchase order under section 290 applies becomes a listed building at any time after the making of the order, the authority making the order may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Welsh Ministers (and only to them) for their consent under section 89 of the Historic Environment (Wales) Act 2023 to the demolition of the building.

• (2) If the authority have not served notice to treat in respect of the building under section 5 of the Compulsory Purchase Act 1965, they shall not do so unless and until the Secretary of State gives , or (as the case may be) the Welsh Ministers give, that consent.

• (3) The following provisions of this section have effect where—

• (a) an application for such consent is made and refused, or

• (b) the period for making an application expires without the authority having made an application;

and in those provisions “the relevant date” means the date of the refusal or, as the case may be, the expiry of that period.

• (4) If at the relevant date—

• (a) the building has not vested in the authority, and

• (b) no notice to treat has been served by the authority under section 5 of the Compulsory Purchase Act 1965 in respect of an interest in the building.

the compulsory purchase order shall cease to have effect in relation to the building and, where applicable, the building shall cease to be comprised in a clearance area.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where subsection (4) does not apply, the authority shall cease to be subject to the duty imposed by section 291 (method of dealing with land acquired for clearance) to demolish the building, and—

• (a) if the building or an interest in it is vested in the authority at the relevant date, it shall be treated in the case of a residential building as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of Part IX of the Town and Country Planning Act 1990 (planning purposes);

• (b) in relation to an interest in the building which has not at the relevant date vested in the authority, the compulsory purchase order has effect in the case of a residential building as if made and confirmed under Part II of this Act and in any other case as if made and confirmed under Part IX of the Town and Country Planning Act 1990.

• (7) No account shall be taken for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for completing compulsory purchase) of any period during which an authority are prevented by this section from serving a notice to treat under section 5 of that Act.

• (8) In this section “residential building” has the same meaning as in section 289. . . .

Building becoming listed when acquired by agreement for clearance.

306

• (1) Where section 291 (method of dealing with land acquired for clearance) applies to a building in England purchased by the local housing authority by agreement and the building becomes a listed building, the authority may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to the demolition of the building.

• (1A) Where section 291 applies to a building in Wales purchased by the local housing authority by agreement and the building becomes a listed building, the authority may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Welsh Ministers (and only to them) for their consent under section 89 of the Historic Environment (Wales) Act 2023 to the demolition of the building.

• (2) Where such an application is made and is refused, or the period for making such an application expires without the authority making an application—

• (a) the authority shall cease to be subject to the duty imposed by section 291 to demolish the building, and

• (b) the building shall be treated in the case of a residential building (within the meaning of section 289) as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of Part IX of the Town and Country Planning Act 1990 (planning purposes).

Provisions for protection or assistance of owners

Saving for rights arising from breach of covenant, &c.

307

• (1) Nothing in the provisions of this Part relating to the demolition or purchase of unfit premises prejudices or interferes with the rights or remedies of an owner for breach of any covenant or contract entered into by a lessee in reference to premises in respect of which an order is made by the local housing authority under those provisions.

• (2) If an owner is obliged to take possession of premises in order to comply with such an order, the taking possession does not affect his right to avail himself of any such breach which occurred before he so took possession.

Approval of owner’s proposals for redevelopment.

308

• (1) A person proposing to undertake the re-development of land may submit particulars of his proposals to the local housing authority for approval under this section.

• (2) The authority shall consider the proposals and if they appear to the authority to be satisfactory, the authority shall give notice to that effect to the person by whom they were submitted, specifying times within which the several parts of the re-development are to be carried out.

• (3) Where the authority have so given notice of their satisfaction with proposals, no action shall be taken in relation to the land under any of the powers conferred by the provisions of this Part or Chapter 2 of Part 1 of the Housing Act 2004 relating to—

• (a) the demolition or purchase of premises or the prohibition of uses of premises , or

• (b) clearance areas.

if and so long as the re-development is being proceeded with in accordance with the proposals and within the specified time limits, subject to any variation or extension approved by the authority.

• (4) This section does not apply to premises—

• (a) in respect of which a demolition order has become operative, or

• (b) comprised in a compulsory purchase order under section 290 (acquisition of land for clearance) which has been confirmed by the Secretary of State;

and has effect subject to section 311 in a case where proposals are submitted under this section with respect to premises in a clearance area.

Recovery of possession of premises for purposes of approved re-development.

309

• (1) Where the local housing authority have given notice of their satisfaction with proposals submitted to them under section 308 and are satisfied—

• (a) that it is necessary for the purpose of enabling re-development to be carried out in accordance with the proposals that a dwelling-house let on or subject to a protected tenancy or statutory tenancy (within the meaning of the Rent Act 1977) or let on or subject to an assured tenancy or assured agricultural occupancy should be vacated, and

• (b) that alternative accommodation complying with the requirements of this section is available for the tenant or will be available for him at a future date,

they may issue to the landlord a certificate, which shall be conclusive evidence for the purposes of section 98(1)(a) of the Rent Act 1977 or section 7 of the Housing Act 1988 (grounds for possession), that suitable alternative accommodation is available for the tenant or will be available for him by that future date.

• (2) The requirements with which the alternative accommodation must comply are—

• (a) that it must be a dwelling-house in which the tenant and his family can live without causing it to be overcrowded within the meaning of Part X;

• (b) that it must be certified by the local housing authority to be suitable to the needs of the tenant and his family as respects security of tenure, proximity to place of work and otherwise, and to be suitable in relation to his means; and

• (c) that if the dwelling-house belongs to the local housing authority it must be certified by them to be suitable to the needs of the tenant and his family as regards accommodation, for this purpose treating a dwelling-house containing two bedrooms as providing accommodation for four persons, a dwelling-house containing three bedrooms as providing accommodation for five persons and a dwelling-house containing four bedrooms as providing accommodation for seven persons.

Certificate of fitness resulting from owner’s improvements or alterations.

310

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consideration of proposals under s. 308 or s. 310 with respect to premises in clearance area.

311

• (1) Where proposals as respects premises in a clearance area are submitted to the local housing authority under section 308 (owner’s re-development) . . . , the authority may, instead of proceeding under that section, transmit the proposals to the Secretary of State.

• (2) The Secretary of State shall deal with the proposals in connection with the consideration by him of the compulsory purchase order relating to the premises as if the proposals had been objections to the order made on the date on which they were submitted to the authority.

• (3) If in confirming the order the Secretary of State excludes the premises from the clearance area, the authority shall then proceed in relation to the proposals under section 308 . . . .

Slum clearance subsidy

Slum clearance subsidy.

312

Determination of entitlement to subsidy and amount.

313

• (1) The method of determining whether an authority have incurred a loss in connection with the exercise of their slum clearance functions, and the amount of the loss, shall be prescribed by regulations made by the Secretary of State with the concurrence of the Treasury.

• (2) Schedule 12 has effect with respect to the provision which may be made by the regulations.

• (3) The regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) The amount of subsidy payable to an authority for a year shall be calculated to the nearest pound, by disregarding an odd amount of 50 pence or less and treating an odd amount exceeding 50 pence as a whole pound.

Power to modify application of subsidy provisions.

314

• (1) The Secretary of State may direct that the provisions of this Part relating to slum clearance subsidy apply to a local housing authority subject to modifications.

• (2) The modifications may not increase the sums payable to the authority by way of slum clearance subsidy.

• (3) A direction may be a general direction or a direction for a particular case, and may be given for a period or subject to conditions.

• (4) The modifications, and where applicable the period for which the direction is given and any conditions subject to which it is given, shall be specified in the direction.

• (5) A direction may be revoked by the Secretary of State or varied by a further direction.

Miscellaneous

Power of court to order occupier or owner to permit things to be done.

315

• (1) If a person, after receiving notice of the intended action—

• (a) being the occupier of premises, prevents the owner . . . of the premises, or his officers, servants or agents, from carrying into effect with respect to the premises any of the provisions of this Part, or

• (b) being the occupier, or owner of premises, prevents an officer, servant or agent of the local housing authority from so doing,

a magistrates’ court may order him to permit to be done on the premises all things requisite for carrying into effect those provisions.

• (2) A person who fails to comply with an order of the court under this section commits a summary offence and is liable on conviction to a fine not exceeding £20 in respect of each day during which the failure continues.

Power of court to authorise owner to demolish premises on default of another owner.

316

• (1) If it appears to a magistrates’ court on the application of an owner of premises in respect of which a demolition order . . . has been made, that owing to the default of another owner of the premises in demolishing the premises, the interests of the applicant will be prejudiced, the court may make an order empowering the applicant forthwith to enter on the premises, and, within a period fixed by the order, demolish them.

• (2) Where the court makes an order under subsection (1), the court may, where it seems to the court just to do so, make a like order in favour of any other owner.

• (3) Before an order is made under this section, notice of the application shall be given to the local housing authority.

Power of court to determine lease where premises demolished or closed.

317

• (1) Where premises in respect of which a demolition . . . order under this Part has become operative form the subject matter of a lease, the lessor or the lessee may apply to the appropriate tribunal for an order determining or varying the lease.

• (2) On the application the tribunal may make such an order if it thinks fit, after giving any sub-lessee an opportunity of being heard.

• (3) The order may be unconditional or subject to such terms and conditions (including conditions with respect to the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise) as the tribunal may think just and equitable to impose, having regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.

• (4) In this section “lessor” and “lessee” include a person deriving title under a lessor or lessee.

Power of court to authorise execution of works on unfit premises or for improvement.

318

• (1) Where on an application made by a person entitled to any interest in land used in whole or in part as a site for dwellings or houses in multiple occupation or both the appropriate tribunal is satisfied—

• (a) that the premises on the land are, or are likely to become, dangerous or harmful to health or safety and the interests of the applicant are thereby prejudiced, or

• (b) that the applicant should be entrusted with the carrying out of a scheme of improvement or reconstruction approved by the local housing authority,

the tribunal may make an order empowering the applicant forthwith to enter on the land and within a period fixed by the order execute such works as may be necessary.

• (2) Where the tribunal makes such an order, it may order that any lease held from the applicant and any derivative lease shall be determined, subject to such conditions and the payment of such compensation as the court may think just.

• (3) The tribunal shall include in its order provisions to secure that the proposed works are carried out and may authorise the local housing authority to exercise such supervision or take such action as may be necessary for the purpose.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions

Powers of entry.

319

• (1) A person authorised by the local housing authority or the Secretary of State may at any reasonable time, on giving seven days notice of his intention to the occupier, and to the owner if the owner is known, enter premises—

• (a) for the purpose of survey and examination where it appears to the authority or the Secretary of State that survey or examination is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises; or

• (b) for the purpose of survey and examination where a demolition . . . order, . . . , has been made in respect of the premises; or

• (c) for the purpose of survey or valuation where the authority are authorised by this Part to purchase the premises compulsorily.

• (2) An authorisation for the purposes of this section shall be in writing stating the particular purpose or purposes for which the entry is authorised and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.

Penalty for obstruction.

320

• (1) It is a summary offence intentionally to obstruct an officer of the local housing authority or of the Secretary of State, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

• (2) A person committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.

Repair at reasonable expense.

321

Minor definitions.

322

• (1) In this Part the following expressions have the same meaning as in Part 1 of the Housing Act 2004 (see sections 1(5) to (7) and 2(1) of that Act)—

• “ building containing one or more flats ”,

• “ category 1 hazard ”,

• “ category 2 hazard ”,

• “ common parts ”, in relation to a building containing one or more flats,

• “ dwelling ”,

• “ flat ”,

• “ hazard ”.

• (2) In this Part—

• “ health ” includes mental health;

• “ house in multiple occupation ” means a house in multiple occupation as defined by sections 254 to 259 of the Housing Act 2004, as they have effect for the purposes of Part 1 of that Act (that is, without the exclusions contained in Schedule 14 to that Act);

• “ owner ”, in relation to premises— means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple in premises, whether in possession or reversion, andincludes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years;

• “ premises ” in relation to a demolition order, means the dwelling, house in multiple occupation or building in respect of which the order is made.

• (3) This Part applies to unoccupied HMO accommodation (as defined by section 1(5) of the Housing Act 2004) as it applies to a house in multiple occupation, and references to a house in multiple occupation in this Part are to be read accordingly.

• (4) In this Part “appropriate tribunal” means—

• (a) in relation to premises in England the First-tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal; and

• (b) in relation to premises in Wales, a residential property tribunal.

Index of defined expressions: Part IX.

323

The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

PART X — OVERCROWDING

Definition of overcrowding

Definition of overcrowding.

324

A dwelling is overcrowded for the purposes of this Part when the number of persons sleeping in the dwelling is such as to contravene—

• (a) the standard specified in section 325 (the room standard), or

• (b) the standard specified in section 326 (the space standard).

The room standard.

325

• (1) The room standard is contravened when the number of persons sleeping in a dwelling and the number of rooms available as sleeping accommodation is such that two persons of opposite sexes who are not living together as a married couple or civil partners must sleep in the same room.

• (2) For this purpose—

• (a) children under the age of ten shall be left out of account, and

• (b) a room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room.

The space standard.

326

• (1) The space standard is contravened when the number of persons sleeping in a dwelling is in excess of the permitted number, having regard to the number and floor area of the rooms of the dwelling available as sleeping accommodation.

• (2) For this purpose—

• (a) no account shall be taken of a child under the age of one and a child aged one or over but under ten shall be reckoned as one-half of a unit, and

• (b) a room is available as sleeping accommodation if it is of a type normally used in the locality either as a living room or as a bedroom.

• (3) The permitted number of persons in relation to a dwelling is whichever is the less of—

• (a) the number specified in Table I in relation to the number of rooms in the dwelling available as sleeping accommodation, and

• (b) the aggregate for all such rooms in the dwelling of the numbers specified in column 2 of Table II in relation to each room of the floor area specified in column 1

No account shall be taken for the purposes of either Table of a room having a floor area of less than 50 square feet.

Number of rooms	Number of persons
1	2
2	3
3	5
4	7½
5 or more	2 for each room
Floor area of room	Number of persons
---	---
110 sq. ft. or more	2
90 sq. ft. or more but less than 110 sq.ft.	1½
70 sq. ft. or more but less than 90 sq. ft.	1
50 sq. ft. or more but less than 70 sq. ft.	½

• (4) The Secretary of State may by regulations prescribe the manner in which the floor area of a room is to be ascertained for the purposes of this section; and the regulations may provide for the exclusion from computation, or the bringing into computation at a reduced figure, of floor space in a part of the room which is of less than a specified height not exceeding eight feet.

• (5) Regulations under subsection (4) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) A certificate of the local housing authority stating the number and floor areas of the rooms in a dwelling, and that the floor areas have been ascertained in the prescribed manner, is prima facie evidence for the purposes of legal proceedings of the facts stated in it.

Responsibility of occupier

Penalty for occupier causing or permitting overcrowding.

327

• (1) The occupier of a dwelling who causes or permits it to be overcrowded commits a summary offence, subject to subsection (2).

• (2) The occupier is not guilty of an offence—

• (a) if the overcrowding is within the exceptions specified in section 328 or 329 (children attaining age of 10 or visiting relatives), or

• (b) by reason of anything done under the authority of, and in accordance with any conditions specified in, a licence granted by the local housing authority under section 330.

• (3) A person committing an offence under this section is liable on conviction to a fine not exceeding level 2 on the standard scale and to a further fine not exceeding one-tenth of the amount corresponding to that level in respect of every day subsequent to the date on which he is convicted on which the offence continues.

Exception:children attaining age of 1 or 10.

328

• (1) Where a dwelling which would not otherwise be overcrowded becomes overcrowded by reason of a child attaining the age of one or ten, then if the occupier—

• (a) applies to the local housing authority for suitable alternative accommodation, or

• (b) has so applied before the date when the child attained the age in question,

he does not commit an offence under section 327 (occupier causing or permitting overcrowding), so long as the condition in subsection (2) is met and the occupier does not fail to take action in the circumstances specified in subsection (3).

• (2) The condition is that all the persons sleeping in the dwelling are persons who were living there when the child attained that age and thereafter continuously live there, or children born after that date of any of those persons.

• (3) The exception provided by this section ceases to apply if—

• (a) suitable alternative accommodation is offered to the occupier on or after the date on which the child attains that age, or, if he has applied before that date, is offered at any time after the application, and he fails to accept it, or

• (b) the removal from the dwelling of some person not a member of the occupier’s family is on that date or thereafter becomes reasonably practicable having regard to all the circumstances (including the availability of suitable alternative accommodation for that person and the occupier fails to require his removal.

Exception; visiting member of family.

329

Where the persons sleeping in an overcrowded dwelling include a member of the occupier’s family who does not live there but is sleeping there temporarily, the occupier is not guilty of an offence under section 327 (occupier causing or permitting overcrowding) unless the circumstances are such that he would be so guilty if that member of his family were not sleeping there.

Licence of local housing authority.

330

• (1) The occupier or intending occupier of a dwelling may apply to the local housing authority for a licence authorising him to permit a number of persons in excess of the permitted number to sleep in the dwelling.

• (2) The authority may grant such a licence if it appears to them that there are exceptional circumstances (which may include a seasonal increase of population) and that it is expedient to do so; and they shall specify in the licence the number of persons authorised in excess of the permitted number.

• (3) The licence shall be in the prescribed form and may be granted either unconditionally or subject to conditions specified in it.

• (4) The local housing authority may revoke the licence at their discretion by notice in writing served on the occupier and specifying a period (at least one month from the date of service) at the end of which the licence will cease to be in force.

• (5) Unless previously revoked, the licence continues in force for such period not exceeding twelve months as may be specified in it.

• (6) A copy of the licence and of any notice of revocation shall, within seven days of the issue of the licence or the service of the notice on the occupier, be served by the local housing authority on the landlord (if any) of the dwelling.

Responsibilities of landlord

Penalty for landlord causing or permitting overcrowding.

331

• (1) The landlord of a dwelling commits a summary offence if he causes or permits it to be overcrowded.

• (2) He shall be deemed to cause or permit it to be overcrowded in the following circumstances, and not otherwise—

• (a) if he or a person effecting the letting on his behalf had reasonable cause to believe that the dwelling would become overcrowded in circumstances rendering the occupier guilty of an offence;

• (b) if he or a person effecting the letting on his behalf failed to make inquiries of the proposed occupier as to the number, age and sex of the persons who would be allowed to sleep in the dwelling;

• (c) if notice is served on him or his agent by the local housing authority that the dwelling is overcrowded in such circumstances as to render the occupier guilty of an offence and he fails to take such steps as are reasonably open to him for securing the abatement of the overcrowding, including if necessary legal proceedings for possession of the dwelling.

• (3) A person committing an offence under this section is liable on conviction to a fine not exceeding level 2 on the standard scale and to a further fine not exceeding one-tenth of the amount corresponding to that level in respect of every day subsequent to the day on which he is convicted on which the offence continues.

Information to be contained in rent book.

332

• (1) Every rent book or similar document used in relation to a dwelling by or on behalf of the landlord shall contain—

• (a) a summary in the prescribed form of the preceding provisions of this Part, and

• (b) a statement of the permitted number of persons in relation to the dwelling.

• (2) If a rent book or similar document not containing such a summary and statement is used by or on behalf of the landlord, the landlord is guilty of a summary offence and liable on conviction to a fine not exceeding level 1 on the standard scale.

• (3) The local housing authority shall on the application of the landlord or the occupier of a dwelling inform him in writing of the permitted number of persons in relation to the dwelling; and a statement inserted in a rent book or similar document which agrees with information so given shall be deemed to be a sufficient and correct statement.

Duty to inform local housing authority of overcrowding.

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• (1) Where it comes to the knowledge of the landlord of a dwelling, or of his agent, that the dwelling is overcrowded, then, except in the cases mentioned in subsection (2), the landlord or, as the case may be, the agent shall give notice of the fact of overcrowding to the local housing authority within seven days after that fact first comes to his knowledge.

• (2) The obligation to notify does not arise in the case of overcrowding which—

• (a) has already been notified to the local housing authority,

• (b) has been notified to the landlord or his agent by the local housing authority, or

• (c) is constituted by the use of the dwelling for sleeping by such number of persons as the occupier is authorised to permit to sleep there by a licence in force under section 330 (licence of local housing authority).

• (3) A landlord or agent who fails to give notice in accordance with this section commits a summary offence and is liable on conviction to a fine not exceeding level 1 on the standard scale.

Powers and duties of local housing authority

Duty to inspect, report and prepare proposals.

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• (1) If it appears to the local housing authority that occasion has arisen for a report on overcrowding in their district or part of it, or if the Secretary of State so directs, the authority shall—

• (a) cause an inspection to be made,

• (b) prepare and submit to the Secretary of State a report showing the result of the inspection and the number of new dwellings required in order to abate the overcrowding, and

• (c) unless they are satisfied that the dwellings will be otherwise provided, prepare and submit to the Secretary of State proposals for providing the required number of new dwellings.

• (2) Where the Secretary of State gives a direction under subsection (1), he may after consultation with the local housing authority fix dates before which the performance of their functions under that subsection is to be completed.

Power to require information about persons sleeping in dwelling.

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• (1) The local housing authority may, for the purpose of enabling them to discharge their duties under this Part, serve notice on the occupier of a dwelling requiring him to give them within 14 days a written statement of the number, ages and sexes of the persons sleeping in the dwelling.

• (2) The occupier commits a summary offence if—

• (a) he makes default in complying with the requirement, or

• (b) he gives a statement which to his knowledge is false in a material particular,

and is liable on conviction to a fine not exceeding level 1 on the standard scale.

Power to require production of rent book.

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• (1) A duly authorised officer of the local housing authority may require an occupier of a dwelling to produce for inspection any rent book or similar document which is being used in relation to the dwelling and is in his custody or under his control.

• (2) On being so required, or within seven days thereafter, the occupier shall produce any such book or document to the officer or at the offices of the authority.

• (3) An occupier who fails to do so commits a summary offence and is liable on conviction to a fine not exceeding level 1 on the standard scale.

Power of entry to determine permitted number of persons.

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• (1) A person authorised by the local housing authority may at any reasonable time, on giving 24 hours’ notice of his intention to the occupier, and to the owner if the owner is known, enter premises for the purpose of measuring the rooms of a dwelling in order to ascertain for the purposes of this Part the number of persons permitted to use the dwelling for sleeping.

• (2) An authorisation for the purposes of this section shall be in writing stating the particular purpose for which the entry is authorised.

Notice to abate overcrowding.

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• (1) Where a dwelling is overcrowded in circumstances such as to render the occupier guilty of an offence, the local housing authority may serve on the occupier notice in writing requiring him to abate the overcrowding within 14 days from the date of service of the notice.

• (2) If at any time within three months from the end of that period—

• (a) the dwelling is in the occupation of the person on whom the notice was served or of a member of his family, and

• (b) it is overcrowded in circumstances such as to render the occupier guilty of an offence,

the local housing authority may apply to the county court which shall order vacant possession of the dwelling to be given to the landlord within such period, not less than 14 or more than 28 days, as the court may determine.

• (3) Expenses incurred by the local housing authority under this section in securing the giving of possession of a dwelling to the landlord may be recovered by them from him by action.

Supplementary provisions

Enforcement of this Part.

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• (1) The local housing authority shall enforce the provisions of this Part.

• (2) A prosecution for an offence against those provisions may be brought only—

• (a) by the local housing authority,or

• (b) in the case of a prosecution against the authority themselves, with the consent of the Attorney General.

Powers of entry.

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• (1) A person authorised by the local housing authority may at all reasonable times, on giving 24 hours’ notice to the occupier, and to the owner if the owner is known, enter any premises for the purpose of survey and examination where it appears to the authority that survey or examination is necessary in order to determine whether any powers under this Part should be exercised.

• (2) An authorisation for the purposes of this section shall be in writing stating the particular purpose for which it is given and shall, if so required, be produced for inspection by the occupier or anyone acting on his behalf.

Penalty for obstruction.

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• (1) It is a summary offence intentionally to obstruct an officer of the local housing authority, or any person authorised to enter premises in pursuance of this Part, in the performance of anything which he is by this Part required or authorised to do.

• (2) A person committing such an offence is liable on conviction to a fine not exceeding level 3 on the standard scale.

Meaning of “suitable alternative accommodation”.

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• (1) In this Part “suitable alternative accommodation”, in relation to the occupier of a dwelling, means a dwelling as to which the following conditions are satisfied—

• (a) he and his family can live in it without causing it to be overcrowded;

• (b) it is certified by the local housing authority to be suitable to his needs and those of his family as respects security of tenure, proximity to place of work and otherwise, and to be suitable in relation to his means;

• (c) where the dwelling belongs to the local housing authority, it is certified by them to be suitable to his needs and those of his family as respects accommodation.

• (2) For the purpose of subsection (1)(c) a dwelling containing two bedrooms shall be treated as providing accommodation for four persons, a dwelling containing three bedrooms shall be treated as providing accommodation for five persons and a dwelling containing four bedrooms shall be treated as providing accommodation for seven persons.

Minor definitions.

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In this Part—

• “agent”, in relation to the landlord of a dwelling—

• (a) means a person who collects rent in respect of the dwelling on behalf of the landlord, or is authorised by him to do so, and

• (b) in the case of a dwelling occupied under a contract of employment under which the provision of the dwelling for his occupation forms part of the occupier’s remuneration, includes a person who pays remuneration on behalf of the employer, or is authorised by him to do so;

• “dwelling” means premises used or suitable for use as a separate dwelling;

• “landlord”, in relation to a dwelling—

• (a) Means the immediate landlord of an occupier of the dwelling, and

• (b) in the case of a dwelling occupied under a contract of employment under which the provision of the dwelling for his occupation forms part of the occupier’s remuneration, includes the occupier’s employer;

• “owner”, in relation to premises—

• (a) means a person (other than a mortgagee not in possession) who is for the time being entitled to dispose of the fee simple, whether in possession or in reversion, and

• (b) includes also a person holding or entitled to the rents and profits of the premises under a lease of which the unexpired term exceeds three years.

Index of defined expressions:Part X.

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The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an expression used in the same section or paragraph):—

PART XI — HOUSES IN MULTIPLE OCCUPATION

Introductory

Meaning of “multiple occupation”.

345

In this Part “house in multiple occupation” means a house which is occupied by persons who do not form a single household.

• (2) For the purposes of this section “house”, in the expression “house in multiple occupation”, includes any part of a building which—

• (a) apart from this subsection would not be regarded as a house; and

• (b) was originally constructed or subsequently adapted for occupation by a single household;

and any reference in this Part to a flat in multiple occupation is a reference to a part of a building which, whether by virtue of this subsection or without regard to it, constitutes a house in multiple occupation.

Registration schemes

Registration schemes.

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• (1) A local housing authority may make a registration scheme authorising the authority to compile and maintain a register for their district of houses in multiple occupation.

• (2) A registration scheme need not be for the whole of the authority’s district and need not apply to every description of house in multiple occupation.

• (3) A registration scheme may vary or revoke a previous registration scheme; and the local housing authority may at any time by order revoke a registration scheme.

Control provisions.

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• (1) A registration scheme may contain control provisions, that is to say, provisions for preventing multiple occupation of a house unless—

• (a) the house is registered, and

• (b) the number of households or persons occupying it does not exceed the number registered for it.

• (2) Control provisions may prohibit persons from permitting others to take up residence in a house or part of a house but shall not prohibit a person from taking up or remaining in residence in the house.

• (3) Control provisions shall not prevent the occupation of a house by a greater number of households or persons than the number registered for it if all of those households or persons have been in occupation of the house without interruption since before the number was first registered.

Control provisions: decisions and appeals.

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• (1) Control provisions may enable the local housing authority, on an application for first registration of a house or a renewal or variation of registration—

• (a) to refuse the application on the ground that the house is unsuitable and incapable of being made suitable for such occupation as would be permitted if the application were granted;

• (b) to refuse the application on the ground that the person having control of the house or the person intended to be the person managing the house is not a fit and proper person;

• (c) to require as a condition of granting the application that such works as will make the house suitable for such occupation as would be permitted if the application were granted are executed within such time as the authority may determine;

• (d) to impose such conditions relating to the management of the house during the period of registration as the authority may determine.

• (2) Control provisions shall provide that the local housing authority shall give an applicant a written statement of their reasons where they—

• (a) refuse to grant his application for first registration or for a renewal or variation of registration,

• (b) require the execution of works as a condition of granting such an application, or

• (c) impose conditions relating to the management of the house.

• (3) Where the local housing authority—

• (a) notify an applicant that they refuse to grant his application for first registration or for the renewal or variation of a registration,

• (b) notify an applicant that they require the execution of works as a condition of granting such an application,

• (c) notify an applicant that they intend to impose conditions relating to the management of the house, or

• (d) do not within five weeks of receiving the application, or such longer period as may be agreed in writing between the authority and the applicant, register the house or vary or renew the registration in accordance with the application,

the applicant may, within 21 days of being so notified or of the end of the period mentioned in paragraph (d), or such longer period as the authority may in writing allow, appeal to the county court.

• (4) On appeal the court may confirm, reverse or vary the decision of the authority.

• (5) Where the decision of the authority was a refusal—

• (a) to grant an application for first registration of a house, or

• (b) for the renewal or variation of the registration,

the court may direct the authority to grant the application as made or as varied in such manner as the court may direct.

• (6) For the purposes of subsections (4) and (5) an appeal under subsection (3)(d) shall be treated as an appeal against a decision of the authority to refuse the application.