Housing Repairs and Rents Act 1954

Standard of fitness for human habitation, and provisions connected therewith

9Standard of fitness for human habitation

(1)In determining for any of the purposes of the principal Act whether a house is unfit for human habitation, regard shall be had to its condition in respect of the following matters, that is to say—

(a)repair;

(b)stability;

(c)freedom from damp ;

(d)natural lighting;

(e)ventilation;

(f)water supply;

(g)drainage and sanitary conveniences ; and

(h)facilities for storage, preparation and cooking of food and for the disposal of waste water ;

and the house shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition.

(2)The provisions of the foregoing subsection shall be without prejudice to section twenty-two of the principal Act (which provides that certain back-to-back houses are to be deemed for the purpose of that Act to be unfit for human habitation).

(3)The following enactments shall cease to have effect, that is to say:—

(a)subsection (4) of section one hundred and eighty-eight of the principal Act (which requires account to be taken of local byelaws in determining whether a house is fit for human habitation); and

(b)so much of any local enactment as specifies defects by reason of which a house is to be deemed for the purposes of section nine of that Act not to be in all respects fit for human habitation, or regulates the matters to be taken into consideration on an appeal under section fifteen of that Act in respect of a notice requiring the execution of works to remedy any defects so specified.

10Recovery by lessees of proportion of expenses incurred in rendering houses fit for human habitation

(1)Where any person who incurs expenditure in complying with a notice under section nine of the principal Act requiring the execution of works for rendering a house fit for human habitation, or in defraying expenses incurred by a local authority under section ten of that Act in carrying out such works, is a lessee of the house or the agent of such a lessee, the lessee may recover from the lessor under the lease such part (if any) of that expenditure as may, in default of agreement between the parties, be determined by the county court to be just having regard—

(a)to the obligations of the lessor and the lessee under the lease with respect to the repair of the house,

(b)to the length of the unexpired term of the lease,

(c)to the rent payable under the lease, and

(d)to all other relevant circumstances.

(2)Where a person from whom any sum is recoverable under the foregoing subsection is himself a lessee of the house, the provisions of that subsection shall apply as if any sum so recoverable from him were expenditure incurred as mentioned in that subsection.

(3)The foregoing provisions of this section shall not apply in relation to any expenditure in respect of which a charging order is in force under section twenty of the principal Act, or in respect of which an application for such an order is for the time being pending.

(4)In this section " lease " includes an under-lease and any tenancy or agreement for a lease, under-lease or tenancy, and the expressions " lessee" and " lessor" shall be construed accordingly.

11Houses let in lodgings : securing fitness for occupation by number of families accommodated

(1)Where it appears to a local authority, in the case of a house within their district, or of part of such a house, which is let in lodgings or occupied by members of more than one family, that with respect to any such matters as are specified in paragraphs (d) to (h) of subsection (1) of section nine of this Act the premises are so far defective, having regard to the number of individuals or households, or both, accommodated for the time being on the premises, as not to be reasonably suitable for occupation by those individuals or households, the authority may, without prejudice to any other powers exercisable in relation to the house under the principal Act or this Part of this Act, serve on the person having control of the house (as defined for the purposes of Part II of the principal Act) a notice—

(a)specifying the works which in the opinion of the authority are required for rendering the premises reasonably suitable for such occupation as aforesaid; and

(b)requiring that person, in default of the execution of those works within a period specified in the notice, to take such steps as are reasonably open to him (including if necessary the taking of legal proceedings) for securing that the number of individuals accommodated on the premises, or the number of households accommodated there, or both, is limited in any manner so specified.

(2)Nothing in the Rent and Mortgage Interest Restrictions Acts, 1920 to 1939, shall prevent possession being obtained of any house or part of a house possession of which is required for the purpose of complying with a requirement under paragraph (b) of the foregoing subsection.

(3)A person who fails to comply with any requirement of a notice under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding five pounds; and if the failure continues after conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding two pounds for every day on which the failure so continues.

(4)Section fifteen of the principal Act (which provides for an appeal against certain notices and orders under Part I1 of that Act) shall apply in relation to a notice under this section as it applies in relation to a notice under the said Part II requiring the execution of works.

(5)The following enactments shall cease to have effect, that is to say:—

(a)section six of the principal Act (which enables local authorities to make byelaws with respect to working class houses, including byelaws restricting the letting of such houses for occupation by members of more than one family);

(b)section one hundred and fifty-five of the Public Health (London) Act, 1936 (which provides for the making of byelaws for fixing the number of persons who may occupy a house in London which is occupied by members of more than one family, and for other purposes therein mentioned); and

(c)so much of any local enactment as amends, extends or applies the said section six or section ninety of the Public Health Act, 1875, section twenty-six of the Housing, Town Planning, &c. Act, 1919, or section six of the Housing Act, 1925, or confers powers to make byelaws for purposes specified in those sections respectively.

12Houses let in lodgings : prevention of overcrowding

(1)If it appears to a local authority, in the case of a house within their district, or of part of such a house, which is let in lodgings or occupied by members of more than one family, that excessive numbers of persons are being accommodated on the premises having regard to the rooms available, the authority may serve on the occupier of the premises or on any person having the control and management thereof, or on both, a notice—

(a)stating, in relation to any room on the premises, what is in the authority's opinion the maximum number of persons by whom it is suitable to be occupied as sleeping accommodation at any one time, or, as the case may be, that it is in their opinion unsuitable to be occupied as aforesaid; and

(b)informing him of the effect of subsection (3) of this section.

(2)For the purposes of paragraph (a) of the foregoing subsection a notice may, in relation to any room, prescribe special maxima applicable in any case where some or all of the persons occupying the room are under such age as may be specified in the notice.

(3)Any person who has been served with a notice under this section shall be guilty of an offence if, after the notice has become operative,—

(a)he causes or knowingly permits any room to which the notice relates to be occupied as sleeping accommodation otherwise than in accordance with the notice; or

(b)he causes or knowingly permits to be accommodated on the premises such a number of persons that it is not possible, without contravention of the foregoing paragraph or the occupation as sleeping accommodation of some part of the premises for which a maximum is not specified under paragraph (a) of subsection (1) of this section, to avoid persons of opposite sexes and over the age of twelve years (other than persons living together as husband and wife) occupying sleeping accommodation in the same room.

(4)Any person committing an offence under this section shall be liable on summary conviction to a fine not exceeding five pounds and, where the offence of which he was convicted continues after conviction, to a further fine not exceeding two pounds for every day for which the offence so continues.

(5)Section fifteen of the principal Act (which provides for an appeal against certain notices and orders under Part II of that Act and determines the date on which a notice or order is to become operative) shall apply in relation to a notice under this section as it applies in relation to a notice under the said Part II requiring the execution of works; and in section one hundred and fifty-seven of that Act (which confers powers of entry for purposes connected with housing) the reference in paragraph (d) to Part IV of the Act shall include a reference to this section.

(6)Where a local authority has served a notice under this section in respect of any premises, they may at any time withdraw the notice, without prejudice to anything done in pursuance thereof or to the service of another notice, or, if there is any material change of circumstances, they may substitute for the notice a further notice under this section ; and, where a notice is withdrawn, subsection (3) of this section shall cease to apply in relation to the premises, without prejudice to its further application if a subsequent notice is served in respect of the same premises.

(7)The powers exercisable by a local authority under this section shall be without prejudice to those conferred by the last foregoing section, and nothing in this section shall be taken as prejudicing the provisions of Part IV of the principal Act (which relates to overcrowding in separate dwelling-houses).

13Powers of local authorities for enforcement of notices under s. 9 of principal Act

The power of a local authority under subsection (6) of section ten of the principal Act to appoint a receiver to enforce the payment of expenses incurred under that section by the authority in carrying out works for rendering a house fit for human habitation on the default of the person having control of the house, and interest thereon, shall be exercisable at any time after the expiration of one month from the date of the service under subsection (3) of that section of a demand for those expenses.