The Housing (Prescribed Forms) (Repair Notices etc.) Regulations 1988

Made: 14th December 1988

Laid before Parliament: 21st December 1988

Coming into force: 15th January 1989

The Secretary of State for the Environment as respects England, and the Secretary of State for Wales as respects Wales, in exercise of their powers under section 614 of the Housing Act 1985[^f00001], and of all other powers enabling them in that behalf, hereby make the following Regulations:—

Citation and Commencement

1

These Regulations may be cited as the Housing (Prescribed Forms) (Repair Notices etc.) Regulations 1988 and shall come into force on 15th January 1989.

Prescribed Forms

2

• (1) The forms listed in Part I and set out in Part II of the Schedule to these Regulations, or forms substantially to the like effect, shall be the forms to be used for the following purposes of the Housing Act 1985:—

• (a) Forms 1, 2 and 3 as appropriate shall be used for the purposes of section 189 (repair notice in respect of unfit dwelling-house)[^f00002];

• (b) Forms 4, 5 and 6 as appropriate shall be used for the purposes of section 190 (repair notice in respect of dwelling-house in disrepair but not unfit)(b);

• (c) Form 7, subject to paragraph (2), shall be used for the purposes of section 194 (notice of local authority’s intention to enter and execute works)(b);

• (d) Form 8, subject to paragraph (2), shall be used for the purposes of section 197 (powers of entry); and

• (e) Form 9, subject to paragraph (2), shall be used for the purposes of paragraph 3 of Schedule 10 (service of demand for expenses incurred by local housing authority).

• (2) Forms 7, 8 and 9 are prescribed for use only in cases where the notice or demand in question is served in relation to a repair notice served on or after the coming into force of these Regulations.

Revocation and Saving

3

• (1) Forms 2A, 2B and 2C in Schedule 2 to the Housing (Prescribed Forms) Regulations 1972[^f00003] shall cease to have effect.

• (2) Form 1 in Schedule 2 to the Housing (Prescribed Forms) Regulations 1972 shall cease to have effect for the purposes of its use under section 197 of the Housing Act 1985 in relation to a repair notice served on or after the coming into force of these Regulations.

SCHEDULE

PART I — LIST OF FORMS

FORM NO.

1

Notice to execute repairs to an unfit dwelling-house which is not a flat.

2

Notice to execute repairs to an unfit flat.

3

Notice to execute repairs to a part of a building containing an unfit flat.

4

Notice to execute repairs to a dwelling-house which is not a flat.

5

Notice to execute repairs to a flat.

6

Notice to execute repairs to a part of a building containing a flat.

7

Notice of local housing authority’s intention to enter and execute works.

8

Notice before entry for purpose of survey and examination.

9

Demand for recovery of expenses incurred by local housing authority.

PART II

FORM 1

HOUSING ACT 1985

Section 189

FORM 2

HOUSING ACT 1985

Section 189

FORM 3

HOUSING ACT 1985

Section 189

FORM 4

HOUSING ACT 1985

Section 190

FORM 5

HOUSING ACT 1985

Section 190

FORM 6

HOUSING ACT 1985

Section 190

FORM 7

HOUSING ACT 1985

Section 194

FORM 8

HOUSING ACT 1985

Section 197

FORM 9

HOUSING ACT 1985

Schedule 10, paragraph 3

Signed

Nicholas Ridley — Secretary of State for the Environment — 12th December 1988

Peter Walker — Secretary of State for Wales — 14th December 1988

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe new forms for use by local housing authorities for the purposes of Part VI of the Housing Act 1985 (repair notices) as amended by Schedule 15 to the Housing Act 1988. These amendments do not have effect in relation to any repair notices, within the meaning of Part VI, served before 15th January 1989.

Footnotes

[^f00001]: 1985 c. 68.

[^f00002]: These provisions are amended by section 130 of, and Schedule 15 to, the Housing Act 1988 (c. 50).

[^f00003]: S.I. 1972/228 continued in force by section 2 of the Housing (Consequential Provisions) Act 1985 (c. 71). Relevant amendments were made by S.I. 1975/500 and 1981/1347.