Housing Act 1985

Demolition or closing of unfit premises beyond repair at reasonable cost

264Power to accept undertaking as to reconstruction or use of unfit house.

(1)Where the local housing authority are satisfied that a house is unfit for human habitation and not capable of being rendered so fit at reasonable expense, they shall serve on—

(a)the person having control of the house,

(b)any other person who is an owner of the house, and

(c)every mortgagee of the house whom it is reasonably practicable to ascertain,

notice of a time (at least 21 days after the service of the notice) and place at which the condition of the house and any offer which he may wish to submit with respect to the carrying out of works, or the future user of the premises, will be considered by the authority.

(2)Every person on whom such a notice is served is entitled to be heard when the matter is so taken into consideration.

(3)A person on whom such a notice is served shall, if he intends to submit an offer with respect to the carrying out of works—

(a)within 21 days from the date of the service of the notice on him, serve on the authority notice in writing of his intention to make such an offer, and

(b)within such reasonable period as the authority may allow, submit to them a list of the works which he offers to carry out.

(4)The local housing authority may, if after consultation with an owner or mortgagee of the house they think fit to do so, accept an undertaking from him, either—

(a)that he will within a specified period carry out such works as will, in the opinion of the authority, render the house fit for human habitation, or

(b)that the house will not be used for human habitation until the authority, on being satisfied that it has been rendered fit for that purpose, cancel the undertaking.

(5)Nothing in the Rent Acts prevents possession being obtained by an owner of premises in a case where an undertaking has been given under this section that the premises will not be used for human habitation.

(6)A person who, knowing that an undertaking has been given under this section that premises will not be used for human habitation, uses the premises in contravention of the undertaking or permits them to be so used, commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale and to a further fine not exceeding £5 for every day or part of a day on which he so uses them or permits them to be used after conviction.

(7)In this section references to a house include a hut, tent, caravan or other temporary or movable form of shelter which is used for human habitation and has been in the same enclosure for a period of two years next before action is taken.

265Demolition or closing order to be made where no undertaking accepted or undertaking broken.

(1)If no undertaking under section 264 is accepted by the local housing authority or if, where they have accepted such an undertaking—

(a)any work to which the undertaking relates is not carried out within the specified period, or

(b)the house is at any time used in contravention of the terms of the undertaking,

the authority shall forthwith make a demolition or closing order in respect of the premises to which the notice under that section relates.

(2)The authority shall make a demolition order unless—

(a)they consider it inexpedient to make a demolition order having regard to the effect of the demolition on another building, or

(b)section 304(1) applies (listed buildings and buildings protected by notice pending listing),

in which case they shall make a closing order.

(3)The provisions of this section have effect subject to section 300 (power to purchase for temporary housing use houses liable to be demolished or closed).

266Power to make closing order as to part of building.

A local housing authority may under sections 264 and 265 take the like proceedings in relation to—

(a)any part of a building which is used, or is suitable for use, as a dwelling, or

(b)an underground room which is deemed to be unfit for the purposes of this section in accordance with section 282,

as they are empowered to take in relation to a house, subject, however, to the qualification that instead of a demolition order they shall make a closing order.

267Content of demolition and closing orders.

(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)A closing order is an order prohibiting the use of the premises to which it relates for any purpose not approved by the local housing authority.

(3)The approval of the local housing authority shall not be unreasonably withheld, and a person aggrieved by the withholding of such approval by the authority may, within 21 days of the refusal, appeal to the county court.

268Service of notice of order.

(1)Where a local housing authority have made a demolition or closing order, they shall serve a copy of the order on—

(a)the person having control of the premises,

(b)any other person who is an owner of the premises, and

(c)every mortgagee of the premises whom it is reasonably practicable to ascertain.

(2)An order against which no appeal is brought becomes operative at the end of the period of 21 days from the date of service of the order and is final and conclusive as to matters which could have been raised on an appeal.

269Right of appeal against order.

(1)A person aggrieved by a demolition or closing order may, within 21 days after the date of the service of the order, appeal to the county court.

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

(3)On an appeal the court—

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

(b)may, if it thinks fit, accept from an appellant any undertaking which might have been accepted by the local housing authority.

(4)The court shall not accept an undertaking to carry out works from an appellant on whom a notice was served under section 264(1) (notice of appointment to consider condition of premises) unless the appellant complied with the requirements of section 264(3) (duty to give notice of intention to offer undertaking and to supply list of works).

(5)An undertaking accepted by the court has the same effect as an undertaking given to and accepted by the local housing authority under section 264.

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

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

(b)if a further appeal to the Court of Appeal is brought, a decision on that appeal is given confirming the order (with or without variation);

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