Legalize / United Kingdom / Public General Act

Housing Act 1985

Type Public General Act

Publication 1985-10-30

Last updated 2025-05-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) The charge created by such a charging order is a charge on the premises specified in the order having priority over all existing and future estates, interests and incumbrances, with the exception of—

(a) charges under section 229 (charge in favour of person executing works required by improvement notice);

(b) tithe rentcharge;

(c) charges within section 1(1)(a) of the Local Land Charges Act 1975 (statutory charges in favour of public authorities); and

(d) charges created under any Act authorising advances of public money.

(3) Charges under section 200 and section 229 (the corresponding provision in relation to improvement notices) take order as between themselves according to their respective dates.

(4) The annuity created by a charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge granted by deed out of the premises by the owner of the premises.

(5) The benefit of the charge may be from time to time transferred in like manner as a mortgage or rentcharge may be transferred, and the transfer shall be in such form as the Secretary of State may (prescribe.

(6) An owner of, or other person interested in, premises on which an annuity has been charged by a charging order under section 200 may at any time redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement, determined by the Secretary of State.

Owner not in receipt of rents, &c. to receive notice of proceedings.

202

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

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

203

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

Effect of approved proposals for re-development.

204

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

Supplementary provisions

Application of provisions to parts of buildings and temporary or movable structures.

205

Repair at reasonable expense.

206

Minor definitions.

207

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

Index of defined expressions: Part VI.

208

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

PART VII

Improvement notices

General conditions for service of improvement notice.

209

Service of provisional notice: dwellings in general improvement area or housing action area.

210

(1) The local housing authority may serve a provisional notice on the person having control of a dwelling in—

(a) general improvement area, or

(b) housing action area,

if it appears to the authority that the general conditions for service of an improvement notice are met, but subject to subsection (2) if the dwelling is owner-occupied.

(2) The authority may only serve a provisional notice in respect of a dwelling which is owner-occupied if it appears to them that the circumstances are such that it is not reasonably practicable for another dwelling—

(a) which is in the same building as, or is adjacent to, the owner-occupied dwelling, and

(b) which is not owner-occupied or in respect of which an application for an improvement grant, intermediate grant, special grant or repairs grant has been approved,

to be improved to the full standard or, as the case may be, to the reduced standard without effecting the improvement to one of those standards of the owner-occupied dwelling.

Acceptance of undertaking to do works.

211

(1) In any case where an improvement notice has not yet been served in respect of a dwelling falling within section 210 (certain dwellings in general improvement areas or housing action areas), the local housing authority may accept an undertaking from—

(a) the person having control of the dwelling, or

(b) any other person having an estate or interest in the dwelling.

to improve the dwelling to the full standard or, if in the opinion of the authority it is not practicable at reasonable expense for the dwelling to be improved to the full standard, to the reduced standard.

(2) The undertaking shall be in writing and shall specify the works agreed to be carried out and the period, being a period ending not more than nine months after the date on which the undertaking is accepted, within which the works are to be carried out.

(3) Before accepting an undertaking, the authority shall satisfy themselves that, if there is an occupying tenant—

(a) the housing arrangements are satisfactory or none are required, and

(b) the undertaking incorporates the written consent of the occupying tenant signed by him to the carrying out of the works specified in the undertaking.

and that the person giving the undertaking has a right to carry out the works specified in the undertaking as against all other persons having an estate or interest in the dwelling.

(4) Where the authority accept an undertaking, they shall serve a notice to that effect on the person by whom the undertaking was given and shall not thereafter serve an improvement notice with respect to that dwelling unless—

(a) the works specified in the undertaking are not carried out within the period so specified or such longer period as the authority may in writing allow, or

(b) the authority are satisfied that, owing to a change of circumstances since the undertaking was accepted by them, the undertaking is unlikely to be fulfilled.

(5) An authority who have accepted an undertaking may discharge it by serving notice of the discharge on the person by whom the undertaking was given, and they shall do so if at any time they consider that the general conditions for service of an improvement notice in respect of the dwelling are no longer met.

(6) Where an authority serve a notice under subsection (4) or (5) on the person by whom an undertaking was given, they shall at the same time serve a copy of the notice on the person (if any) who is the occupying tenant of the dwelling at that time and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.

Service of provisional notice: other dwellings.

212

(1) An occupying tenant of a dwelling which—

(a) is not in a general improvement area or a housing action area, and

(b) is without one or more of the standard amenities (whether or not it is also in a state of disrepair), and

may make representations in writing to the local housing authority with a view to the exercise by the authority of their powers under this section.

(2) The authority shall notify the person having control of the dwelling of any such representations made to them.

(3) If on taking the representations into consideration the authority are satisfied that—

(a) the person making the representations is an occupying tenant of the dwelling in question,

(b) the general conditions for service of an improvement notice are met, and

(c) the dwelling ought to be improved to the full standard or, as the case may be, to the reduced standard and is unlikely to be so improved unless they exercise their powers under this section,

they shall either serve a provisional notice on the person having control of the dwelling or notify the occupying tenant of their decision not to do so and give him a written statement of their reasons for that decision.

(4) The authority may serve a provisional notice under this section and take any further steps authorised under the following provisions of this Part notwithstanding that—

(a) the occupying tenant quits the dwelling, or

(b) the authority pass a resolution declaring an area in which the dwelling is situated to be a general improvement area or housing action area.

Provisional notice: contents and matters arising.

213

(1) A provisional notice is a notice—

(a) specifying the works which in the opinion of the local housing authority are required for the dwelling to be improved to the full standard or, as the case may be, to the reduced standard, and

(b) stating a date, not less than 21 days after the service of the notice, and time and place at which the authority’s proposals for the carrying out of the works, any alternative proposals, any proposed housing arrangements, the views and interests of any occupying tenant and any other matters may be discussed.

(2) The authority shall, not less than 21 days before the date so stated, in addition to serving the notice on the person having control of the dwelling, serve a copy of the notice on—

(a) any occupying tenant of the dwelling, and

(b) every other person who to the knowledge of the authority is an owner, lessee or mortgagee of the dwelling.

(3) The person having control of the dwelling, any occupying tenant and every other person who is an owner, lessee or mortgagee of the dwelling are entitled to be heard when the authority’s proposals are discussed in accordance with the notice.

(4) After the service of a provisional notice and before taking any other action under the following provisions of this Part, the authority shall take into consideration all representations made on or before the occasion when their proposals with respect to the dwelling are discussed in accordance with the notice, and in particular any representations with respect to the nature of the works proposed by them for improving the dwelling or with respect to any proposed housing arrangements.

Service of improvement notice: dwellings in general improvement area or housing action area.

214

(1) If a local housing authority have served a provisional notice in respect of a dwelling under section 210(1) (dwellings in general improvement area or housing action area) and—

(a) no undertaking has yet been accepted in respect of the dwelling under section 211, or

(b) such an undertaking has been accepted but the case falls within subsection (4)(a) or (b) of that section (undertaking not carried out within allotted period or unlikely to be fulfilled),

the authority may, subject to the following provisions of this section, serve an improvement notice on the person having control of the dwelling.

(2) Before serving an improvement notice under this section the authority shall satisfy themselves—

(a) that the dwelling continues to be in a general improvement area or a housing action area,

(b) that the general conditions for service of an improvement notice in respect of the dwelling are still met,

(c) that the dwelling is not for the time being owner-occupied or that the circumstances specified in section 210(2) apply or still apply in relation to it (circumstances in which provisional order may be served in respect of owner-occupied dwelling), and

(d) that, if there is an occupying tenant, the housing arrangements are satisfactory or none are required or the tenant has unreasonably refused to enter into any such arrangements.

(3) An improvement notice may not be served—

(a) by virtue of subsection (1)(a) (no undertaking accepted) more than nine months after the service of the provisional notice, or

(b) by virtue of subsection (1)(b) (undertaking not fulfilled) more than six months after the expiry of the period specified in the undertaking, or such longer period as has been duly allowed by the authority, for the completion of the works.

(4) Where an authority serve an improvement notice under this section on the person having control of a dwelling, they shall at the time serve a copy of the notice on any occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling,

(5) An improvement notice served under this section is a local land charge.

Service of improvement notice: other dwellings.

215

(1) Where the local housing authority have served a provisional notice in respect of a dwelling under section 212(1) (dwelling not in general improvement area or housing action area), they may, at any time before the expiry of the period of twelve months beginning with the date on which the representations of the occupying tenant were received by them under that section, serve an improvement notice on the person having control of the dwelling.

(2) Before serving an improvement notice under this section the authority shall satisfy themselves that—

(a) the general conditions for service of an improvement notice in respect of the dwelling are still met,

(b) the dwelling ought to be improved to the full standard or, as the case may be, to the reduced standard and is unlikely to be so improved unless the authority exercise their compulsory improvement powers, and

(c) the housing arrangements are satisfactory or none are required or the occupying tenant has unreasonably refused to enter into any housing arrangements.

(3) Where an authority serve an improvement notice under this section on the person having control of a dwelling, they shall at the same time serve a copy of the notice on any occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.

(4) An improvement notice served under this section is a local land charge.

Improvement notice: contents.

216

(1) An improvement notice shall—

(a) specify the works which in the opinion of the local housing authority are required to improve the dwelling to the full standard or, as the case may be, to the reduced standard,

(b) state the authority’s estimate of the cost of carrying out the works, and

(c) require the person having control of the dwelling to carry out the works to the authority’s satisfaction within the period of twelve months beginning with the date on which the notice becomes operative or such longer period as the authority may by permission in writing from time to time allow.

(2) The works specified in the improvement notice may be different from the works specified in the provisional notice but shall not require the improvement of a dwelling to the full standard if the provisional notice specified works for improving the dwelling only to the reduced standard.

(3) In an improvement notice which requires the improvement of a dwelling only to the reduced standard the authority may, if they think fit, substitute for the period of twelve months specified in subsection (1)(c) such shorter period as appears to them to be appropriate.

Appeals against improvement notices.

217

(1) Within six weeks from the service of an improvement notice on the person having control of the dwelling—

(a) that person,

(b) any occupying tenant of the dwelling, or

may appeal against the notice to the county court.

(2) The grounds on which an appeal may be brought by any of those persons are—

(a) that it is not practicable to comply with the requirements of the notice at reasonable expense;

(b) that the local housing authority have refused unreasonably to approve the execution of alternative works, or that the works specified in the notice are otherwise unreasonable in character or extent;

(c) that the dwelling is in a clearance area and it would be unreasonable for the authority to require the works specified in the notice to be carried out;

(d) that the dwelling is not, or is no longer, without one or more of the standard amenities;

(e) that, in a case where the notice requires the improvement of the dwelling to the full standard, the works specified in the notice are inadequate to secure that the dwelling will attain that standard;

(f) that some person other than the appellant will, as the holder of an estate or interest in the dwelling (whether or not that estate or interest entitles him to occupation), derive a benefit from the execution of the works and ought to pay the whole or part of the cost of executing the works;

(g) that the notice is invalid on the ground that a requirement of this Part has not been complied with or on the ground of some informality, defect or error in or in connection with the notice.

(3) An appeal may also be brought—

(a) by an owner-occupier on the ground that the local housing authority are in error in considering that the circumstances specified in section 210(2) (circumstances in which notice may be served in respect of owner-occupied dwelling) exist in relation to the dwelling;

(b) by an occupying tenant on the ground that the condition in section 214(2)(d) or 215(2)(c) (housing arrangements) is not fulfilled.

(4) An improvement notice shall not be varied on appeal—

(a) so as to extend the period within which the works specified in the notice are to be carried out, or

(b) so as to require the carrying out of works to improve a dwelling to the full standard if the works specified in the notice were works to improve the dwelling to the reduced standard, or

(c) so as to require the carrying out of works to improve a dwelling to the reduced standard if the works specified in the notice were works to improve the dwelling to the full standard;

but, subject to that, on an appeal the court may make such order either confirming, quashing or varying the improvement notice as the court thinks fit.

(5) Where an appeal is brought on the ground specified in subsection (2)(f) (other person benefiting from execution of works), the court may make such order as it thinks fit with respect to the payment to be made by the other person referred to in that paragraph to the appellant or, where by virtue of section 220 the works are carried out by the local housing authority, to the authority.

(6) In so far as an appeal is based on the ground that the improvement notice is invalid, the court shall confirm the notice unless satisfied that the interests of the appellant have been substantially prejudiced by the facts relied on by him.

Operative date and effect of improvement notice.

218

(1) If no appeal is brought an improvement notice becomes operative at the expiration of the period within which an appeal might have been brought.

(2) If an appeal is brought, an improvement notice becomes operative, if and so far as it is confirmed by the county court on appeal or on appeal from the county court, on the final determination of the appeal.

(3) For the purposes of subsection (2) the withdrawal of an appeal shall be deemed to be the final determination thereof, having the like effect as a decision confirming the notice or the decision appealed against .

(4) An improvement notice is, subject to the right of appeal conferred by section 217, final and conclusive as to matters which could have been raised on such an appeal.

Withdrawal of improvement notice.

219

(1) The local housing authority may, if they think fit, at any time withdraw an improvement notice by serving notice of the withdrawal on the person having control of the dwelling.

(2) The authority shall serve a copy of any such notice on the occupier of the dwelling (if different from the person having control of it) and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.

Enforcement

Power of local housing authority to execute works.

220

(1) If the works to be carried out in compliance with an improvement notice have not been carried out in whole or in part within the period for compliance, the local housing authority may themselves carry out so much of the works as has not been completed.

(2) If before the expiry of the period for compliance the person who is for the time being the person having control of the dwelling notifies the local housing authority in writing that he does not intend, or is unable to do the works in question, the authority may, if they think fit, do the works before the expiry of that period.

(3) If the local housing authority have reason to believe that the person who is for the time being the person having control of the dwelling does not intend or is unable to do the works in question in compliance with the notice—

(a) they may before the expiry of the period for compliance, but not earlier than six months after the date on which the notice becomes operative, serve on him a notice requiring him to furnish them, within 21 days of the service of the notice, with evidence of his intentions with respect to the carrying out of the works, and

(b) if, from evidence so furnished to them or otherwise, the authority are not satisfied that that person intends to carry out the works in compliance with the notice, they may, if they think fit, do the works before the expiry of the period for compliance.

(4) Not less than 21 days before beginning to do the works the local housing authority shall serve notice of their intention on the occupier of the dwelling, the person having control of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.

(5) in this section the “period for compliance” with an improvement notice is the period specified in the notice or such longer period as the local housing authority may by permission in writing have allowed.

(6) The provisions of Schedule 10 apply with respect to the recovery by the local housing authority of expenses incurred by them under this section.

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

221

(1) If a person, after receiving an improvement notice or a copy of an improvement notice—

(a) being the occupier of the premises, prevents the owner or person having control 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, owner or person having control of the 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.

Powers of entry.

222

(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 survey and examination with a view to ascertaining whether the requirements of an improvement notice served, or undertaking accepted, under this Part has been complied with

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

Penalty for obstruction.

223

(1) It is a summary offence to obstruct a person authorised in pursuance of section 222 to enter premises in the performance of anything which he is required or authorised under that section to do.

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

Right of person having control as against others to carry out works.

224

(1) The person having control of any premises which consist of or include—

(a) a dwelling in a general improvement area or housing action area which is without all or any of the standard amenities, or

(b) a dwelling in respect of which representations have been made by an occupying tenant under section 212 (representations to local housing authority with view to exercise of compulsory improvement powers),

has, as against the occupying tenant of the dwelling and any other person having an estate or interest in the premises, the right to enter the premises in order to carry out any survey or examination required with a view to providing the dwelling with any of the standard amenities and, where appropriate, of putting it in good repair (disregarding internal decorative repair) having regard to its age and character and the locality in which it is situated.

(2) On and after the date on which an improvement notice becomes operative, the person having control of the dwelling has the right, as against any occupying tenant of the dwelling and any other person having an estate or interest in the premises which consist of or include the dwelling, to take any reasonable steps for the purpose of complying with the improvement notice.

(3) A person bound by an undertaking accepted under this Part has the right as against any occupying tenant of the dwelling to take any reasonable steps for the purpose of complying with the undertaking.

(4) The carrying out of works in pursuance of an improvement notice or an undertaking accepted under this part shall not give rise to any liability on the part of a lessee to reinstate any premises at any time in the condition in which they were before the works were carried out, or to any liability for failure so to reinstate the premises.

Execution of works by local housing authority by agreement.

225

(1) The local housing authority may by agreement with a person having control of a dwelling or any other person having an estate or interest in a dwelling execute at his expense any works which he is required to carry out in the dwelling in pursuance of an improvement notice served or undertaking accepted under this Part.

(2) For that purpose the authority have all such rights as that person would have as against any occupying tenant of the dwelling and any other person having an interest in the dwelling.

Provisions for protection of owners and others

Owners, &c. not known to local housing authority may obtain copy of notices.

226

Where under this Part a local housing authority are required to serve a copy of a notice on any person who, to their knowledge, is an owner, lessee or mortgagee of a dwelling, any person having an estate or interest in the dwelling who is not served with a copy of the notice is entitled, on application in writing to the authority, to obtain a copy of the notice.

Right to serve counter-notice requiring purchase.

227

(1) Where a local housing authority have served an improvement notice, the person having control of the dwelling may, by notice in writing served on the the authority at any time within the period of six months beginning with the date on which the improvement notice becomes operative, require the authority to purchase his interest in the dwelling in accordance with this section.

(2) Where the person having control of a dwelling serves a notice on the authority under subsection (1), the authority shall be deemed—

(a) to be authorised under and for the purposes of Part II (provision of housing) to acquire his interest in the dwelling compulsorily, and

(b) to have served a notice to treat in respect of that interest on the date of the service of the notice under subsection (1);

and the power conferred by section 31 of the Land Compensation Act 1961 to withdraw a notice to treat is not exercisable in the case of a notice to treat deemed to have been so served.

(3) Within 21 days of the receipt of a notice under subsection (1) served by the person having control of a dwelling, the local housing authority shall notify every other person who, to their knowledge, is an owner, lessee or mortgagee of the dwelling or who is the occupier of it.

Duty of local housing authority to offer loan to meet expenses of compulsory improvement.

228

(1) If a person who is liable—

(a) to incur expenditure in complying with an improvement notice served, or undertaking accepted, under this Part, or

(b) to make a payment as directed by a court under section 217(5) (contribution from third party deriving benefit from execution of works),

applies to the local housing authority for a loan, the authority shall, subject to the following provisions of this section, offer to enter into a contract with him for a loan by them to be secured by a mortgage of his interest in the dwelling concerned.

(2) The application shall be made in writing within the period of three months beginning with the date on which the improvement notice becomes operative or the undertaking is accepted or the payment is to be made as directed by the court, or such longer period as the authority by permission given in writing may allow.

(3) The authority shall not make an offer unless they are satisfied that the applicant can reasonably be expected to meet the obligations assumed by him in pursuance of this section in respect of the loan; and if the authority are not so satisfied as regards a loan of the amount applied for, they may, if they think fit, offer a loan of a smaller amount as regards which they are so satisfied.

(4) The authority shall not make an offer unless they are satisfied—

(a) that the applicant’s interest in the dwelling concerned is an estate in fee simple absolute in possession or an estate for a term of years which will not expire before the date for final repayment of the loan, and

(b) that, according to a valuation made on their behalf, the amount of the principal of the loan does not exceed the value which it is estimated that the mortgaged security will bear after improvement of the dwelling to the full standard or, as the case may be, to the reduced standard.

(5) The contract shall contain a condition to the effect that if—

(a) an improvement grant or intermediate grant become payable in respect of the expenditure in question, or

(b) such a grant becomes payable partly in respect of that expenditure and partly in respect of other expenditure or another payment,

the authority shall not be required to lend more than the amount of the expenditure or payment remaining after deducting the grant or, as the case may be, that part of the grant which in the opinion of the authority is attributable to that expenditure or payment.

(6) The contract offered by the authority shall require proof of title and contain such other reasonable terms as the authority may specify in their offer, and in particular may provide for the advance to be made by instalments as the works progress.

(7) The rate of interest payable on the loan shall be such as the Secretary of State may direct, either generally or in any particular case; and the Secretary of State may, if he thinks fit, give directions, either generally or in any particular case, as to the time within which a loan under this section, or any part of such a loan, is to be repaid.

Charging order in favour of person executing works.

229

(1) Where the person having control of a dwelling has completed in respect of the dwelling works required to be executed by an improvement notice, he may apply to the local housing authority for a charging order.

(2) An applicant for a charging order shall produce to the authority—

(a) the certificate of the proper officer of the authority that the works have been executed to his satisfaction, and

(b) the accounts of and vouchers for the expenses of the works.

(3) The authority, when satisfied that the applicant has duly executed the required works and of the amount of the expenses, shall make an order accordingly charging on the premises an annuity to repay that amount together with the amount of the costs properly incurred in obtaining the charging order.

(4) The annuity charged shall be at the rate of £6 for every £100 of the aggregate amount charged, shall commence from the date of the order and shall be payable for a term of 30 years to the person named in the order, his executors, administrators or assigns.

(5) A person aggrieved by a charging order may, within 21 days after notice of the order has been served on him, appeal to the county courtX; and where notice of such an appeal has been given no proceedings shall be taken under the order until the appeal is determined or ceases to be prosecuted.

(6) The proper officer of the local housing authority shall file and record copies, certified by him to be true copies, of any charging order made under this section, the certificate given under subsection (2)(a) and the accounts as passed by the authority.

Form, effect, &c. of charging order.

230

(1) A charging order under section 229 shall be in such form as the Secretary of State may prescribe.

(2) The charge created by such a charging order shall be a charge on the premises specified in the order having priority over all existing and future estates, interests and incumbrances, with the exception of—

(a) charges under section 200 (charge in favour of person executing works required by repair notice),

(b) tithe rentcharge,

(c) charges within section 1(1)(a) of the Local Land Charges Act 1975 (statutory charges in favour of public authorities), and

(d) charges created under any Act authorising advances of public money.

(3) Charges under section 229 and section 200 (the corresponding provision in relation to repair notices) take order as between themselves according to their respective dates.

(4) The annuity created by a charging order may be recovered by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge granted by deed out of the premises by the owner of the premises.

(5) The benefit of the charge may be from time to time transferred in like manner as a mortgage or rentcharge may be transferred, and the transfer shall be in such form as the Secretary of State may prescribe.

(6) An owner of, or other person interested in, premises on which an annuity has been charged by a charging order under section 229 may at any time redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement determined by the Secretary of State.

Miscellaneous

Modifications of the Agricultural Holdings Act 1948.

231

(1) Section 9 of the Agricultural Holdings Act 1948 (increase of rent for improvements carried out by landlord) applies to improvements carried out in compliance with an improvement notice or an undertaking accepted under this Part as it applies to improvements carried out at the request of the tenant; but where a tenant has contributed to the cost incurred by his landlord in carrying out the improvement, the increase in rent provided for by that section shall be reduced proportionately.

(2) Works carried out in compliance with an improvement notice or an undertaking accepted under this Part shall be included among the improvements specified in paragraph 8 of Schedule 3 to the Agricultural Holdings Act 1948 (tenant’s right to compensation for erection, alteration or enlargement of buildings); but subject to the power conferred by section 78 of that Act to amend that Schedule.

(3) Section 49 of the Agricultural Holdings Act 1948 (tenant’s right to compensation conditional on landlord consenting to the carrying out of the improvements) does not apply to works carried out in compliance with an improvement notice or an undertaking accepted under this Part.

(4) Where a person other than the tenant claiming compensation has contributed to the cost of carrying out works in compliance with an improvement notice or an undertaking accepted under this Part, compensation in respect of the works, as assessed under section 48 of the Agricultural Holdings Act 1948, shall be reduced proportionately.

Exclusion of dwellings controlled by Crown or a public authority.

232

(1) No provisional notice or improvement notice may be served in respect of a dwelling in which there is a Crown or Duchy interest except with the consent of the appropriate authority; but if that consent is given this Part applies as to a dwelling in which there is no such interest.

(2) No provisional notice or improvement notice may be served in respect of a dwelling if the person having control of the dwelling is—

a local authority,

a new town corporation,

the Development Board for Rural Wales,

the Housing Corporation,

a registered housing association, or

a housing trust which is a charity.

(3) If after a provisional notice or improvement notice has been served in respect of a dwelling—

(a) in the case of a dwelling in which there is a Crown or Duchy interest, the appropriate authority becomes the person having control of the dwelling, or

(b) any such body as is mentioned in subsection (2) becomes the person having control of the dwelling,

the notice, and any undertaking accepted under this Part with respect to the dwelling, shall cease to have effect.

(4) Where an improvement notice ceases to have effect by virtue of subsection (3), the body which or person who has become the person having control of the dwelling shall notify the officer who registered the notice in the register of local land charges and furnish him with all information required by him for the purpose of cancelling the registration.

(5) In this section “Crown or Duchy interest” means an interest belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, and “the appropriate authority” means—

(a) in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

(b) in relation to land belonging to Her Majesty in right of the Crown and not forming part of the Crown Estate, the government department having the management of the land;

(d) in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints,

(e) in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;

and if any question arises as to what authority is the appropriate authority in relation to any land, the question shall be referred to the Treasury whose decision shall be final.

(6) In this section “local authority” includes—

a parish or community council,

the trustees of the Honourable Society of the Inner Temple,

the trustees of the Honourable Society of the Middle Temple, and

the police authority for any police area,

and any joint board or joint committee all the constituent members of which are local authorities for the purposes of this section.

Effect of area ceasing to be general improvement area or or housing action area.

233

If, after an undertaking has been accepted under this Part in respect of a dwelling or an improvement notice has been served in respect of a dwelling under section 214 (dwelling in general improvement area or housing action area)—

(a) the general improvement area or housing action area in which the dwelling is situated ceases to be such an area, or

(b) the land on which the dwelling is situated is excluded from such an area,

the provisions of this Part continue to apply in relation to the undertaking or notice as if the dwelling continued to be in a general improvement area or housing action area declared by the authority by whom the undertaking was accepted or the notice served.

Supplementary provisions

Meaning of “full standard” and “reduced standard”.

234

(1) For the purposes of this Part a dwelling shall be taken to attain the full standard if the following conditions are met—

(a) it is provided with all the standard amenities for the exclusive use of its occupants;

(b) it is in reasonable repair (disregarding the state of internal decorative repair) having regard to its age and character and the locality in which it is situated;

(c) it conforms with such requirements with respect to thermal insulation as may be specified by the Secretary of State for the purposes of this section;

(d) it is in all other respects fit for human habitation;

(e) it is likely to be available for use as a dwelling for a period of 15 years or such other period as may be specified by the Secretary of State for the purposes of this section.

(2) The local housing authority may (subject to subsection (3)) dispense wholly or in part with any of the conditions in subsection (1), and a dwelling shall be taken to attain the reduced standard if those conditions are met so far as not dispensed with.

(3) The authority shall not dispense with the condition specified in subsection (1)(a) (standard amenities) where they are satisfied that the dwelling is, or forms part of, a house or building in respect of which they could by notice under section 352 (houses in multiple occupation: power to require execution of works to render premises fit for number of occupants) require the execution of such works as are referred to in that section.

Meaning of “housing arrangements”.

235

In this Part “housing arrangements” means arrangements—

(a) making provision for the housing of an occupying tenant of a dwelling and his household during the period when improvement works are being carried out, or after the completion of the works, or during that period and after completion of the works (and for any incidental or ancillary matters), and

(b) contained in a written agreement to which the occupying tenant and either his landlord or the local housing authority, or both, are parties.

Meaning of “person having control” and “occupying tenant”.

236

(1) References in this Part to the person having control of a dwelling shall be construed as follows—

(a) if the dwelling is owner-occupied, the person having control of it is the owner-occupier;

(b) if there is an occupying tenant of the dwelling who is a person employed in agriculture (as defined in section 17(1) of the Agricultural Wages Act 1948) and who occupies or resides in the dwelling as part of the terms of his employment, the person having control of the dwelling is the employer or other person by whose authority the occuping tenant occupies or resides in the dwelling;

(c) in any other case, the person having control of the dwelling is the person who is either the owner of it or the lessee of it under a long tenancy and whose interest in the dwelling is not in reversion on that of another person who has a long tenancy.

(2) In this Part “occupying tenant”, in relation to a dwelling, means a person (other than an owner-occupier) who—

(a) occupies or is entitled to occupy the dwelling as a lessee; or

(b) is a statutory tenant of the dwelling; or

(d) is employed in agriculture (as defined in section 17(1) of the Agricultural Wages Act 1948) and occupies or resides in the dwelling as part of his terms of employment.

Minor definitions.

237

In this Part—

“dwelling” means a building or part of a bulding occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to it or usually enjoyed with it;

“improvement” includes alteration and enlargement and, so far as also necessary to enable a dwelling to reach the full standard or the reduced standard, repair, and “improved” shall be construed accordingly;

“long tenancy” has the same meaning as in Part I of the Leasehold Reform Act 1967;

“owner”, in relation to a dwelling, means the person who otherwise than as a mortgagee in possession, is for the time being entitled to dispose of the fee simple in the dwelling;

“owner-occupier”, in relation to a dwelling, means the person who, as owner or as lessee under a long tenancy, occupies or is entitled to occupy the dwelling, and “owner-occupied” shall be construed accordingly;

“standard amenities” has the same meaning as in Part XV (improvement grants, &c.).

Index of defined expressions: Part VII.

238

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

charity	section 622
clearance area	section 289(1)
dwelling	section 237
full standard	section 234(1)
general conditions for service of improvement notice	section 209
general improvement area	section 253
housing action area	section 239
housing arrangements	section 235
housing association	section 5(1)
housing trust	section 6
improvement (and improved)	section 237
improvement notice	section 216
lessee	section 621
local authority	section 4(e)
local housing authority	sections 1, 2(2)
long tenancy	section 237
new town corporation	section (4)(b)
occupying tenant	section 236(2)
owner	section 237
owner-occupier (and owner-occupied)	section 237
person having control	section 236(1)
provisional notice	section 213
reduced standard	section 234
registered (in relation to a housing association)	section 5(4)
restricted contract	section 622
standard amenities	sections 237 and 508
standard scale (in reference to the maximum fine on summary conviction)	section 622
statutory tenant	section 622

PART VIII — AREA IMPROVEMENT

Housing action areas

Declaration of housing action area.

239

(1) Where a report with respect to an area within their district consisting primarily of housing accommodation is submitted to the local housing authority by a person appearing to the authority to be suitably qualified (who may be an officer of the authority), and the authority, upon consideration of the report and of any other information in their possession, are satisfied, having regard to—

(a) the physical state of the housing accommodation in the area as a whole, and

(b) social conditions in the area,

that the requirement mentioned in subsection (2) is fulfilled with respect to the area, they may cause the area to be defined on a map and by resolution declare it to be a housing action area.

(2) The requirement is that the living conditions in the area are unsatisfactory and can most effectively be dealt with within a period of five years so as to secure—

(a) the improvement of the housing accommodation in the area as a whole,

(b) the well-being of the persons for the time being resident in the area, and

by declaring the area to be a housing action area.

(3) In considering whether to take action under this section the local housing authority shall have regard to such guidance as may from time to time be given by the Secretary of State, either generally or with respect to a particular authority or description of authority or in any particular case, with regard to the identification of areas suitable to be declared housing action areas.

(4) An area which is declared to be a housing action area shall be such an area for the period of five years . . . , subject to—

(a) section 241(2)(a) (power of Secretary of State to overrule declaration),

(b) section 250(1)(b) (power of local housing authority to terminate housing action area), and

(5) A resolution declaring an area to be a housing action area is a local land charge.

Steps to be taken after declaration of housing action area.

240

(1) As soon as may be after . . . declaring an area to be a housing action area the local housing authority shall take the following steps.

(2) They shall publish in two more more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice of the resolution—

(a) identifying the area, and

(b) naming a place where a copy of the resolution, a map on which the area is defined and of the report referred to in section 239 may be inspected at all reasonable times.

(3) They shall take such further steps as appear to them best designed to secure—

(a) that the resolution and the obligations imposed by section 247 (duty to notify local housing authority of changes of ownership or occupation of land) are brought to the attention of persons residing or owning property in the area, and

(b) that those persons are informed of the name and address of the person to whom should be addressed inquiries and representations concerning action to be taken with respect to the area or concerning the obligations imposed by that section.

(4) They shall send to the Secretary of State—

(a) a copy of the resolution, the map and a copy of the report mentioned in section 239(1),

(b) a statement of the numbers of dwellings, houses in multiple occupation and hostels in the area, and

(c) a statement, containing such information as the Secretary of State may for the time being require, either generally or with respect to a particular authority or description of authority or in any particular case, showing the basis on which the authority satisfied themselves, having regard to the matters mentioned in section 239(1) and any relevant guidance under section 239(3), that the area was suitable to be a housing action area.

(5) They shall also send to the Secretary of State a statement of their proposals, whether general or specific, for the participation of private registered providers of social housing or (as the case may be) registered social landlords in dealing with living conditions in the area.

Functions of Secretary of State with respect to declaration of housing action area.

241

(1) When a local housing authority have declared an area to be a housing action area and have sent to the Secretary of State the documents referred to in section 240(4), he shall send them a written acknowledgement of the recipt of those documents.

(2) If it appears to the Secretary of State appropriate to do so, he may, at any time within the period of 28 days beginning with the day on which he sent the acknowledgement, notify the authority—

(a) that the area declared by them to be a housing action area is no longer to be such an area, or

(b) that land defined on a map accompanying the notification is to be excluded from the area,

or notify them that he requires more time to consider their declaration of the area as a housing action area.

(3) Where the Secretary of State notifies an authority that he requires more time, he may direct the authority to send him such further information and documents as are specifed in the direction; and on completion of his consideration of the matter, he shall either—

(a) notify the authority as mentioned in subsection (2)(a) or (b), or

(b) notify them that he proposes to take no further action with respect to their declaration.

(4) Where the Secretary of State notifies the authority as mentioned in subsection (2)(a) or (b) (whether under that subsection or under subsection (3)), the area concerned shall cease to be a housing action area or, as the case may be, the land concerned shall be excluded from the housing action area, with effect from the date on which the authority is so notified.

(5) The authority shall, as soon as may be after the receipt of the notification, publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice—

(a) stating the effect of the Secretary of State’s notification, and

(b) naming a place where a copy of the notification and, in the case of a notification excluding land from the area, a copy of the amended map of the housing action area, may be inspected at all reasonable times,

and take such further steps as may appear to them best designed to secure that the effect of the notification is brought to the attention of persons residing or owning property in the area declared by them to be a housing action area.

Incorporation into housing action area of land comprised in general improvement area.

242

(1) If a local housing authority propose to declare as a housing action area an area which consists of or includes land which is comprised in a general improvement area, they shall indicate on the map referred to in section 239(1) the land which is so comprised.

(2) With effect from the date on which the area is declared to be a housing action area, the land so indicated shall be deemed to have been excluded from the general improvement area or, as the case may be, to have ceased to be such an area by virtue of a resolution under section 258 passed on that date, but subject to the following provisions.

(3) If the Secretary of State notifies the local housing authority in accordance with section 241 that the area declared by them to be a housing action area is no longer to be such an area, subsection (2) shall be treated as never having applied in relation to land in that area.

(4) If the Secretary of State notifies the local housing authority in accordance with section 241 that any land within the area declared by the authority to be a housing action area is to be excluded from the housing action area, subsection (2) shall be treated as never having applied in relation to land so excluded.

General powers of local housing authority.

243

(1) Where a local housing authority have declared an area to be a housing action area, they may, for the purpose of securing or assisting in securing all or any of the objectives specified in section 239(2)(a) to (c) exercise the following powers.

(2) They may acquire by agreement, or be authorised by the Secretary of State to acquire compulsorily, land in the area on which there are premises consisting of or including housing accommodation.

(3) They may undertake on land so acquired all or any of the following activities—

(a) the provision of housing accommodation (by the construction, conversion or improvement of buildings, or otherwise);

(b) the carrying out of works for the improvement or repair of housing accommodation (including works to the exterior, or on land within the curtilage, of buildings containing housing accommodation);

(d) the provision of furniture, fittings or services in or in relation to housing accommodation.

(4) If after—

(a) the authority have entered into a contract for the acquisition of land under subsection (2), or

(b) a compulsory purchase order authorising the acquisition of land under that subsection has been confirmed,

the housing action area concerned ceases to be such an area or the land is excluded from the area, the provisions of that subsection continue to apply as if the land continued to be in a housing action area.

Environmental works.

244

(1) For the purpose of improving the amenities in a housing action area, the local housing authority may—

(a) carry out environmental works on land belonging to them, and

(b) give assistance towards the carrying out of environmental works by others.

(2) Assistance under subsection (1)(b) may be given to any person having an interest in the land in question and may consist of all or any of the following—

(a) a grant in respect of expenditure which appears to the authority to have been properly incurred in carrying out the works;

(b) the provision of materials for the carrying out of the works;

(c) the execution of the works, by agreement with the person concerned, either at his expense or at the authority’s expense or partly at his expense and partly at the authority’s expense.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4) Where the assistance takes the form of a grant, it may be paid—

(a) after completion of the works, or

(b) in part by instalments as the works progress and the balance after completion of the works;

but where part is paid by instalments the aggregate amount of the instalments paid at any time whilst the works are in progress shall not exceed one-half of the cost of the works executed up to that time.

(5) In this section “environmental works” means any works other than works to the interior of housing accommodation.

Contributions by Secretary of State.

245

(1) The Secretary of State may pay contributions to a local housing authority towards such expenditure incurred by them under section 244 (environmental works) as he may determine.

(2) In the case of any expenditure, the contribution—

(a) shall be equal to one-half of the amount of the expenditure; and

(b) shall be payable in one sum or by two or more instalments, according as the Secretary of State may determine.

(3) The aggregate of the expenditure towards which such contributions may be made with respect to a housing action area shall not exceed the sum arrived at by multiplying—

(a) £600, by

(b) the number of dwellings, houses in multiple occupation and hostels stated by the local housing authority under section 240(4)(b) to be in the areaX;

but two adjoining housing action areas may for this purpose be treated as one.

(4) The Secretary of State may, with the consent of the Treasury—

(a) by order substitute in subsections (2) and (3) another fraction for one-half and another amount for £400

(b) direct that those subsections shall have effect, in the case of a housing action area specified in the direction or of a description so specified, with the substitution of a higher fraction or a greater amount than that for the time being specified in the subsection.

(5) An order under subsection (4)(a)—

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

Duty to publish information.

246

Where a local housing authority have declared an area to be a housing action area, they shall bring to the attention of persons residing or owning property in the area—

(a) the action they propose to take in relation to the housing action area, and

(b) the assistance available for the improvement of the housing accommodation in the area,

by publishing from time to time, in such manner as appears to them appropriate, such information as is in their opinion best designed to further the purpose for which the area was declared a housing action area.

Changes of ownership or occupation of land to be notified to local housing authority.

247

(1) This section—

(a) applies to land in a housing action area which consists of or includes housing accommodation, and

(b) comes into operation in relation to a housing action area at the end of the period of four weeks beginning with the date on which the housing action area is declared.

(2) Where notice to quit is served in respect of land to which this section applies on a tenant who occupies as a dwelling the whole or part of the land, the landlord by whom, or on whose behalf, the notice was served shall, within the period of seven days beginning with the date on which the notice was served, notify the local housing authority that the notice has been served.

(3) Where a tenancy of land to which this section applies is about to expire by effluxion of time, the person who is the landlord under the tenancy shall, not less than four weeks before the tenancy does so expire, notify the local housing authority that the tenancy is about to expire.

(4) A person who carries out a disposal of land to which this section applies, other than a disposal excepted by subsection (5), shall notify the local housing authority, not less than four weeks or more than six months before the date of the disposal, that the disposal is about to take place.

(5) Subsection (4) does not apply to—

(a) a disposal by a person who, throughout the period of six months ending on the date of the disposal has been continuously in exclusive occupation (with or without members of his household) of the land to which the disposal relates;

(b) a disposal to which the local housing authority are a party;

(ca) the grant of an assured tenancy or assured agricultural occupancy, or of a tenancy which is not such a tenancy or occupancy by reason only of paragraph 10 of Schedule 1 to the Housing Act 1988 (resident landlords) or of that paragraph and the fact that the accommodation which is let is not let as a separate dwelling

(cb) the grant of an occupation contract, or of a tenancy or licence which is not an occupation contract by reason only of the shared accommodation exception in paragraph 6 of Part 2 of Schedule 2 to the Renting Homes (Wales) Act 2016 (anaw 1) applying and the notice condition in paragraph 3(3) of Part 2 of that Schedule not being met;

(d) the grant or assignment of a lease (of land or an interest in land) for a term which expires within the period of five years and three months beginning on the date of the grant of the lease, where neither the lease nor any other instrument or contract confers on the lessor or the lessee an option (however expressed) to renew or extend the term so that the new or extended term would continue beyond the end of that period;

(e) the grant of an estate or interest by way of security for a loan;

(f) a conveyance of an estate or interest which gives effect to a contract to convey that estate or interest which was duly notified to the local housing authority in accordance with subsection (4).

(6) When the local housing authority receive notification from a person under this section with respect to any land they shall—

(a) send him, as soon as practicable, written acknowledgement of the receipt of the notification, stating the date on which it was received, and

(b) inform him, within the period of four weeks beginning with that date, of what action, if any, they propose to take with respect to that land as a result of the notification.

(7) In this section, “occupation contract” has the same meaning as in the Renting Homes (Wales) Act 2016 (see section 7 of that Act).

Form and contents of notification under s. 247.

248

(1) A notification under section 247 shall be in writing and contain the information required by this section.

(2) Every notification shall contain—

(a) the name and address of the person by whom it is given,

(b) the address of, and any further information necessary to identify, the land to which it relates, and

(3) The reference in subsection (2)(a) to a person’s address is to his place of abode or place of business or, in the case of a company, to its registered office.

(4) To the extent that it is capable of being given by reference to a plan accompanying the notification, the information required by subsection (2)(b) may be so given.

(5) A notification required by section 247(2) or (3) (notice to quit or impending expiry of tenancy) shall specify—

(a) whether the tenancy concerned is periodic or for a term certain,

(b) the length of the period or term, and

(c) the date on which the tenancy will come to an end (by virtue of the service of the notice to quit or by effluxion of time);

and in the case of a notification required by section 247(2) the landlord may also, if he considers it appropriate, give his reason for serving notice to quit.

(6) A notification required by section 247(4) (disposal of land) shall specify—

(a) whether at the time the notification is given the person giving it intends to retain an estate or interest in the land, and

(b) if he does, the nature of that estate or interest and the land in which he intends that it should subsist.

Penalty for failure to notify, &c.

249

(1) A person who—

(a) fails without reasonable excuse to comply with an obligation imposed on him by section 247(2) or (3), or

(b) without reasonable excuse carries out a disposal of land without having complied with the obligation imposed on him by section 247(4), or

(c) in purporting to comply with an obligation imposed on him by section 247 knowingly or recklessly furnishes a notification which is false in a material particular, or

(d) knowingly or recklessly omits from any such notification any information required to be contained in it by virtue of any provision of section 248,

commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale.

(2) The commission by a person of an offence under subsection (1) does not affect—

(a) in the case of a notification required by section 247(2) or (3) (notice to quit or expiry of tenancy), the date on which the tenancy expires;

(b) in the case of a notification required by section 247(4) (disposal of land), the validity of the disposal.

Exclusion of land from, or termination of, housing action area.

250

(1) The local housing authority may by resolution—

(a) exclude land from a housing action area, or

(b) declare that an area shall cease to be a housing action area . . . ;

and as soon as may be after passing such a resolution the authority shall take the following steps.

(2) They shall send a copy of the resolution to the Secretary of State.

(3) They shall publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice of the resolution—

(a) in the case of a resolution excluding land from a housing action area, identifying the housing action area concerned and the land excluded from it.

(b) in the case of a resolution declaring that an area is no longer to be a housing action area, naming a place at which a copy of the resolution may be inspected at all reasonable times.

(4) They shall take such further steps as may appear to the authority best designed to secure that the resolution is brought to the attention of persons residing or owning property in the housing action area.

Extension of duration of housing action area.

251

(1) The local housing authority may by resolution extend the duration of a housing action area by a period of two years, and may do so more than once.

(2) Written notification of the passing of the resolution must be given by the authority to the Secretary of State at least three months before the date on which the housing action area would otherwise cease to exist.

(3) On recipt of a notification under subsection (2) the Secretary of State shall send a written acknowledgement to the authority.

(4) If it appears to the Secretary of State appropriate to do so, he may, at any time within the period of 28 days beginning with the day on which he sent the acknowledgement, notify the authority—

(a) that the duration of the housing action area is not to be extended in accordance with their resolution, or

(b) that he requires more time to consider their extension of the duration of the housing action area.

(5) Where the Secretary of State notifies an authority that he requires more time, he shall on completion of his consideration of the matter notify the authority—

(a) that the duration of the housing action area is not to be extended in accordance with their resolution,

(b) where the extension has already begun to run, that the area is to cease to be a housing action area on such date as may be specified in the notification, or

(6) As soon as may be after passing a resolution or receiving a notification from the Secretary of State under this Section (other than a notification that he proposes to take no further action), the local housing authority shall—

(a) publish in two or more newspapers circulating in the locality (of which at least one shall,if practicable, be a local newspaper) a notice of the resolution or, as the case may be stating the effect of the notification, naming a place where a copy of the resolution or notification may be inspected at all reasonable times, and

(b) take such further steps as appear to the authority best designed to secure that the resolution or notification is brought to the attention of persons residing or owning property in the housing action areas concerned.

252

In the provisions of this Part relating to housing action areas—

(a) “housing accommodation” means dwellings, houses in multiple occupation and hostels;

(b) “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling, together with any yard, garden, outhouses and appurtenances belonging to or usually enjoyed with that building or part; and

(c) “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), but does not include any part of such a house which is occupied as a separate dwelling by persons who form a single household.

General improvement areas

Declaration of general improvement area.

253

(1) Where a report with respect to a predominantly residential area within their district is submitted to the local housing authority by a person appearing to the authority to be suitably qualified (who may be an officer of the authority), and it appears to the authority, upon consideration of the report and of any other information in their possession—

(a) that living conditions in the area can most appropriately be improved by the improvement of the amenities of the area or of dwellings in the area, or both, and

(b) that such an improvement may be effected or assisted by the exercise of their powers under the provisions of this Part relating to general improvement areas,

the authority may cause the area to be defined on a map and by resolution declare it to be a general improvement area.

(2) A general improvement area may not be defined so as to include, but may be defined so as to surround, land which is comprised in a housing action area.

(3) A general improvement area may not (unless the land has been cleared of buildings) be so defined as to include, but may be so defined as to surround—

(a) land comprised in a clearance area,

(b) land purchased by the local housing authority under section 290(2) (land surrounded by or adjoining clearance area), or

and where the Secretary of State on confirming a compulsory purchase order under Schedule 22 (acquisition of land for clearance) modifies the order by excluding from a clearance area land adjoining a general improvement area, the land shall, unless the Secretary of State otherwise directs, be taken to be included in the general improvement area.

Steps to be taken after declaration.

254

(1) As soon as may be after passing a resolution declaring an area to be a general improvement area the local housing authority shall take the following steps.

(2) They shall publish in two or more newspapers circulating in the locality (of which one at least shall, if practicable, be a local newspaper) a notice of the resolution—

(a) identifying the area, and

(b) naming the place where a copy of the resolution, of the map on which the area is defined and of the report mentioned in section 253(1) may be inspected at all reasonable times.

(3) They shall take such further steps as appear to them best designed to secure—

(a) that the resolution is brought to the attention of persons residing or owning property in the area, and

(b) that those persons are informed of the name and address of the person to whom enquiries and representations should be addressed concerning action to be taken in the exercise of the authority’s powers under the provisions of this Part relating to general improvement areas.

(4) They shall send to the Secretary of State a copy of the resolution, of the report and of the map and a statement of the number of dwellings in the area.

General powers of local housing authority.

255

(1) Where a local housing authority have declared an area to be a general improvement area, they may, for the purpose of effecting or assisting the improvement of the amenities of the area, or of the dwellings in the area, or both—

(a) carry out works on land owned by them and assist (by grants, loans or otherwise) in the carrying out of works on land not owned by them,

(b) acquire any land by agreement, and

and may be authorised by the Secretary of State to acquire compulsorily land within the general improvement area or adjoining it.

(2) The authority may not under this section—

(a) improve a dwelling which has not been acquired or provided by them in pursuance of this section, . . .

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to apply for orders extinguishing right to use vehicles on highway.

256

(1) A local housing authority who have declared a general improvement area may exercise the powers of a local planning authority under sections 249 and 250 of the Town and Country Planning Act 1990 (extinguishment of right to use vehicles on certain highways) with respect to a highway in that area notwithstanding that they are not the local planning authority, but subject to the following provisions.

(2) The local housing authority shall not make an application under subsection (2) or (6) of section 249 (application to Secretary of State to make or revoke order extinguishing right to use vehicles) except with the consent of the local planning authority.

(3) If the local housing authority are not also the highway authority, any such application made by them shall in the first place be sent to the highway authority who shall transmit it to the Secretary of State.

(4) Where an order under subsection (2) of section 249 (order extinguishing right to use vehicles) has been made on an application made by a local housing authority by virtue of this section—

(a) any compensation under subsection (1) of section 250 (compensation for loss of access to highway) is payable by them instead of by the local planning authority, and

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

Duty to publish information.

257

Where a local housing authority have passed a resolution declaring an area to be a general improvement area, they shall bring to the attention of persons residing in the area or owning property in it—

(a) the action they propose to take in the exercise of their powers under the provisions of this Part relating to general improvement areas, and

(b) the assistance which is or will be available for the improvement of the amenities of the area or of the dwellings in the area,

by publishing from time to time, in such manner as appears to them appropriate, such information as is in their opinion best designed to further the objects of those provisions.

Exclusion of land from, or termination of, general improvement area.

258

(1) The local housing authority may by resolution—

(a) exclude land from a general improvement area, or

(b) declare that an area shall cease to be a general improvement area.

(2) The resolution does not affect the continued operation of the provisions of this Part relating to general improvement areas, or any other provision so relating, in relation to works begun before the date on which the exclusion or cessation takes effect; but the resolution does apply with respect to works which have not been begun before that date, notwithstanding that expenditure in respect of the works has been approved before that date.

Contributions by Secretary of State.

259

(1) The Secretary of State may pay contributions to a local housing authority towards such expenditure incurred by them under the provisions of this Part relating to general improvement areas as he may determine.

(2) In the case of any expenditure, the contribution—

(a) shall be equal to one-half of the amount of the expenditure; and

(b) shall be payable in one sum or by two or more instalments, according as the Secretary of State may determine.

(3) The aggregate of the expenditure towards which such contributions may be made with respect to a general improvement area shall not exceed the sum arrived at by multiplying—

(a) £600, by

(b) the number of dwellings stated by the local housing authority under section 254(4) to be in the areaX;

but two adjoining general improvement areas may for this purpose be treated as one.

(4) The Secretary of State may, with the consent of the Treasury—

(a) by order substitute in subsections (2) and (3) another fraction for one-half and another amount for £400;

(b) direct that those subsections shall have effect, in the case of a general improvement area specified in the direction or of a description so specified, with the substitution of a higher fraction or a greater amount than that for the time being specified in the subsection.

(5) An order under subsection (4)(a)—

(a) may make different provision for different cases or descriptions of case, including different provision for different areas, and

(b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the House of Commons.

(6) For the purposes of this section—

(a) the cost of acquiring an estate or interest in a case where periodical payments fall to be made in connection with the acquisition shall be taken to include such sum as the Secretary of State may determine to be the capital equivalent of those payments; and

(b) the cost of works shall be taken to include the cost of the employment in connection with the works of an architect, engineer, surveyor, land-agent or other person in an advisory or supervisory capacity.

(7) In the case of contributions payable in respect of—

(a) works to which the Housing Act 1971 applied (works in certain areas completed before 23rd June 1974), or

(b) expenditure on providing land treated as expenditure on such works by virtue of section 2(4) of that Act,

subsection (2)(b) above has effect with the substitution of “75 per cent.” for “one-half”.

Supplementary provisions

Powers of entry.

260

(1) A person authorised by the local housing authority or the Secretary of State 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—

(a) for the purposes of survey and examination where is 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; or

(b) 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.

Penalty for obstruction.

261

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

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

Minor definitions.

262

In this Part—

“disposal”, in relation to land, includes a conveyance of, or contract to convey, an estate or interest not previously in existence;

“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 in the premises, whether in possession or 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 VIII.

263

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):—

PART IX — SLUM CLEARANCE

Demolition or closing of unfit premises beyond repair at reasonable cost

Power to accept undertaking as to reconstruction or use of unfit house.

264

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

Demolition or closing order to be made where no undertaking accepted or undertaking broken.

265

(1) If—

(a) the local housing authority are satisfied that a category 1 hazard exists in a dwelling or HMO which is not a flat, and

(b) this subsection is not disapplied by subsection (5),

making a demolition order in respect of the dwelling or HMO is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004 (category 1 hazards: general duty to take enforcement action).

(2) If, in the case of any building containing one or more flats—

(a) the local housing authority are satisfied that a category 1 hazard exists in one or more of the flats contained in the building or in any common parts of the building, and

(b) this subsection is not disapplied by subsection (5),

making a demolition order in respect of the building is a course of action available to the authority in relation to the hazard for the purposes of section 5 of the Housing Act 2004.

(3) The local housing authority may make a demolition order in respect of a dwelling or HMO which is not a flat if—

(a) they are satisfied that a category 2 hazard exists in the dwelling or HMO,

(b) this subsection is not disapplied by subsection (5), and

(4) The local housing authority may make a demolition order in respect of any building containing one or more flats if—

(a) they are satisfied that a category 2 hazard exists in one or more of the flats contained in the building or in any common parts of the building,

(b) this subsection is not disapplied by subsection (5), and

(5) None of subsections (1) to (4) applies if a management order under Chapter 1 or 2 of Part 4 is in force in relation to the premises concerned.

(6) This section also has effect subject to section 304(1) (no demolition order to be made in respect of listed building).

(7) In this section “HMO” means house in multiple occupation.

(8) An order made under subsection (3) or (4)—

(a) may make different provision for different cases or descriptions of case (including different provision for different areas);

(b) may contain such incidental, supplementary, consequential, transitory, transitional or saving provision as the Secretary of State considers appropriate; and

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

(9) Sections 584A and 584B provide for the payment of compensation where demolition orders are made under this section, and for the repayment of such compensation in certain circumstances.

Power to make closing order as to part of building.

266

Content of demolition and closing orders.

267

(1) A demolition order is an order requiring that the premises—

(a) be vacated within a specified period (of at least 28 days) from the date on which the order becomes operative, and

(b) be demolished within six weeks after the end of that period or, if it is not vacated before the end of that period, after the date on which it is vacated or, in either case, within such longer period as in the circumstances the local housing authority consider it reasonable to specify.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of notice of order.

268

(1) A local housing authority who have made a demolition order must serve a copy of the order on every person who, to their knowledge, is—

(a) an owner or occupier of the whole or part of the premises to which the order relates,

(b) authorised to permit persons to occupy the whole or part of those premises, or

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.