Housing Act 1985

PART XIHOUSES IN MULTIPLE OCCUPATION

Introductory

345Meaning of “multiple occupation”.

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

Registration schemes

346Registration schemes.

(1)The local housing authority may make and submit to the Secretary of State for confirmation by him a registration scheme authorising the authority to compile and maintain a register for their district of—

(a)houses in multiple occupation, and

(b)buildings which comprise separate dwellings, two or more of which do not have a sanitary convenience and personal washing facilities accessible only to those living in the dwelling;

and the Secretary of State may if he thinks fit confirm the scheme, with or without modification.

(2)A registration scheme need not be for the whole of the authority’s district and need not be for every description of house or building falling within paragraphs (a) and (b) of subsection (1).

(3)A registration scheme may—

(a)specify the particulars to be inserted in the register,

(b)make it the duty of such persons as may be specified by the scheme to notify the authority of the fact that a house or building appears to be registrable and to give the authority as regards such a house or building all or any of the particulars specified in the scheme,

(c)make it the duty of such persons as may be specified by the scheme to notify the authority of any change which makes it necessary to alter the particulars inserted in the register as regards a house or building.

(4)A registration scheme shall not come into force before it has been confirmed but subject to that comes into force on such date as may be fixed by the scheme or, if no date is so fixed, at the expiration of one month after it is confirmed.

(5)A registration scheme may vary or revoke a previous registration scheme; and the local housing authority may at any time, with the consent of the Secretary of State, by order revoke a registration scheme.

(6)A person who contravenes or fails to comply with a provision of a registration scheme commits a summary offence and is liable on conviction to a fine not exceeding, except in a case within section 347(4) (which relates to the contravention of certain control provisions), level 2 on the standard scale.

347Control provisions.

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

(a)the house is registered, and

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

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

(3)Control provisions shall not apply—

(a)where the persons occupying the house form only two households, or

(b)where, apart from one household (if any), the house is occupied by no more than four persons;

and shall not affect the continued occupation of a house by the number of households or persons occupying it when the provisions come into force.

(4)A person convicted of an offence under section 346(6) (contravention or failure to comply with provisions of registration scheme) consisting of a contravention of so much of control provisions as relates—

(a)to occupation to a greater extent than permitted under those provisions of a house which is not registered, or

(b)to occupation of a house which is registered by more households or persons than the registration permits,

is liable to a fine not exceeding level 4 on the standard scale.

348Control provisions: decisions and appeals.

(1)Control provisions may enable the local housing authority—

(a)to refuse to register or to vary the registration of a house on the ground that the house is unsuitable and incapable of being made suitable for such occupation as would be permitted by virtue of the registration or variation;

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

(c)to require as a condition of registration or of varying the registration of a house that such works are executed as will make the house suitable for such occupation as will be permitted by virtue of the registration or variation.

(2)Control provisions shall provide that where the local housing authority refuse to register or vary the registration of a house, or require the execution of works as a condition of doing so, they shall give the applicant a written statement of their reasons.

(3)Where a person has applied for the registration or the variation of the registration of a house in pursuance of control provisions and the local housing authority—

(a)notify him that they refuse to register the house or to vary the registration in accordance with the application, or

(b)notify him that they require the execution of works as a condition of registering the house or varying the registration in accordance with the application, or

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

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

(4)On such an appeal the court may confirm, reverse or vary the decision of the authority; and where the decision of the authority was a refusal to register or vary the registration of a house, the court may direct them to register or vary the registration either in accordance with the application as made or in accordance with that application as varied in such manner as the court may direct.

349Steps required to inform public about scheme.

(1)The local housing authority shall publish notice of their intention to submit a registration scheme to the Secretary of State for confirmation in one or more newspapers circulating in their district at least one month before the scheme is submitted for confirmation.

(2)As soon as a registration scheme is confirmed by the Secretary of State, the local housing authority shall publish in one or more newspapers circulating in their district a notice—

(a)stating the fact that a registration scheme has been confirmed, and

(b)describing any steps which will have to be taken under the scheme by those concerned with registrable houses and buildings (other than steps which have only to be taken after a notice from the authority),and

(c)naming a place where a copy of the scheme may be seen at all reasonable hours.

(3)A copy of a registration scheme confirmed by the Secretary of State—

(a)shall be printed and deposited at the offices of the local housing authority by whom it was made, and

(b)shall at all reasonable hours be open to public inspection without payment;

and a copy of the scheme shall on application be furnished to any person on payment of such sum, not exceeding 5p for every copy, as the authority may determine.

(4)If the local housing authority revoke a registration scheme by order they shall publish notice of the order in one or more newspapers circulating in their district.

350Power to require information for purposes of scheme.

(1)The local housing authority may—

(a)for the purpose of ascertaining whether a house or building is registrable, and

(b)for the purpose of ascertaining the particulars to be entered in the register as regards a house or building,

require a person who has an estate or interest in, or who lives in, the house or building to state in writing any information in his possession which the authority may reasonably require for that purpose.

(2)A person who, having been required in pursuance of this section to give information to a local housing authority, fails to give the information, or knowingly makes a mis-statement in respect of it, commits a summary offence and is liable on conviction to a fine not exceeding level 2 on the standard scale.

351Proof of scheme and contents of register.

(1)If there is produced a printed copy of a registration scheme purporting to be made by a local housing authority, upon which there is endorsed a certificate purporting to be signed by the proper officer of the authority stating—

(a)that the scheme was made by the authority,

(b)that the copy is a true copy of the scheme, and

(c)that on a specified date the scheme was confirmed by the Secretary of State,

the certificate is prima facie evidence of the facts so stated without proof of the handwriting or official position of the person by whom it purports to be signed.

(2)A document purporting to be a copy of an entry in a register kept under a registration scheme and to be certified as a true copy by the proper officer of the authority is prima facie evidence of the entry without proof of the handwriting or official position of the person by whom it purports to be signed.

Fitness for the number of occupants

352Power to require execution of works to render premises fit for number of occupants.

(1)The local housing authority may serve a notice under this section where the condition of a house in multiple occupation is, in the opinion of the authority, so far defective with respect to any of the following matters—

• natural and artificial lighting,

• ventilation,

• water supply,

• personal washing facilities,

• drainage and sanitary conveniences,

• facilities for the storage, preparation and cooking of food. and for the disposal of waste water, or

• installations for space heating or for the use of space heating appliances,

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.

(2)The notice shall specify the works which in the opinion of the authority are required for rendering the premises reasonably suitable—

(a)for occupation by the individuals and households for the time being accommodated there, or

(b)for a smaller number of individuals or households and the number of individuals or households, or both, which, in the opinion of the authority, the premises could reasonably accommodate if the works were carried out.

(3)The notice may be served—

(a)on the person having control of the house, or

(b)on a person to whom the house is let at a rack-rent or who, as agent or trustee of a person to whom the house is so let, receives rents or other payments from tenants of parts of the house or lodgers in the house;

and the authority shall inform any other person who is to their knowledge an owner, lessee or mortgagee of the house of the fact that the notice has been served.

(4)The notice shall require the person on whom it is served to execute the works specified in the notice within such period (of at least 21 days from the service of the notice) as may be so specified; but that period may from time to time be extended by written permission of the authority.

(5)If the authority are satisfied that—

(a)after the service of a notice under this section the number of individuals living on the premises has been reduced to a level which will make the works specified in the notice unnecessary, and

(b)that number will be maintained at or below that level, whether in consequence of the exercise of the authority’s powers under section 354 (power to limit number of occupants of house) or otherwise,

they may withdraw the notice by notifying that fact in writing to the person on whom the notice was served, but without prejudice to the issue of a further notice.

(6)This section applies to a building which is not a house but comprises separate dwellings two or more of which—

(a)are occupied by persons who do not form a single household, or

(b)do not have a sanitary convenience and personal washing facilities accessible only to those living in the dwelling.

as it applies to a house in multiple occupation, but not so as to authorise the service in relation to such a building of such a notice as is mentioned in subsection (2)(b) (notice requiring works to make premises fit for smaller numbers of occupants).

353Appeal against notice under s. 352.

(1)A person on whom a notice is served under section 352 (notice requiring works to render premises fit for number of occupants), or any other person who is an owner, lessee or mortgagee of the premises to which the notice relates, may, within 21 days from the service of the notice or such longer period as the local housing authority may in writing allow, appeal to the county court.

(2)The appeal may be on any of the following grounds—

(a)that the condition of the premises did not justify the authority, having regard to the considerations set out in subsection (1) of that section, in requiring the execution of the works specified in the notice;

(b)in the case of a notice under subsection (2)(b) of that section (notice requiring works to render premises fit for smaller number of occupants), that the number of individuals or households, or both, specified in the notice is unreasonably low;

(c)that there has been some informality, defect or error in, or in connection with, the notice;

(d)that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;

(e)that the time within which the works are to be executed is not reasonably sufficient for the purpose; or

(f)that some other person is wholly or partly responsible for the state of affairs calling for the execution of the works, or will as holder of an estate or interest in the premises derive a benefit from their execution, and ought to pay the whole or a part of the expenses of executing them.

(3)In so far as an appeal is based on the ground mentioned in subsection (2)(c) the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(4)If on an appeal the court is satisfied that—

(a)the number of persons living in the premises has been reduced, and

(b)adequate steps have been taken (by the exercise of the local housing authority’s powers under section 354 (power to limit number of occupants of house) or otherwise) to prevent that number being again increased.

the court may if it thinks fit revoke the notice or vary the list or works specified in the notice.

(5)Where the grounds on which an appeal is brought include the ground mentioned in subsection (2)(f), the court, if satisfied that the other person referred to in the notice of appeal has had proper notice of the appeal, may on the hearing of the appeal make such order as it thinks fit with respect to payment to be made by him to the appelant or, where the works are executed by the local housing authority, to the authority.

354Power to limit number of occupants of house.

(1)The local housing authority may, for the purpose of preventing the occurrence of, or remedying, a state of affairs calling for the service of a notice or further notice under section 352 (notice requiring execution of works to render house fit for number of occupants)—

(a)fix as a limit for the house what is in their opinion the highest number of individuals or households, or both, who should, having regard to the considerations set out in subsection (1) of that section, occupy the house in its existing condition, and

(b)give a direction applying that limit to the house.

(2)The authority may also exercise the powers conferred by subsection (1) in relation to a part of a house; and the authority shall have regard to the desirability of applying separate limits where different parts of a house are, or are likely to be, occupied by different persons.

(3)Not less than seven days before giving a direction under this section, the authority shall—

(a)serve on an owner of the house, and on every person who is to their knowledge a lessee of the house, notice of their intention to give the direction, and

(b)post such a notice in some position in the house where it is accessible to those living in the house,

and shall afford to any person on whom a notice is so served an opportunity of making representations regarding their proposal to give the direction.

(4)The authority shall within seven days from the giving of the direction—

(a)serve a copy of the direction on an owner of the house and on every person who is to their knowledge a lessee of the house, and

(b)post a copy of the direction in some position in the house where it is accessible to those living in the house.

(5)A drection may be given notwithstanding the existence of a previous direction laying down a higher maximum for the same house or part of a house.

(6)Where the local housing authority have in pursuance of section 352 served a notice specifying the number of individuals or households, or both, which in the opinion of the authority the house could reasonably accommodate if the works specified in the notice were carried out, the authority may adopt that number in fixing a limit under subsection (1) as respects the house.

(7)The powers conferred by this section—

(a)are exercisable whether or not a notice has been given under section 352, and

(b)are without prejudice to the powers conferred by section 358 (overcrowding notices).

355Effect of direction under s. 354.

(1)Where a direction under section 354 is given (direction limiting number of occupants), it is the duty of—

(a)the occupier for the time being of the house, or part of a house, to which the direction relates, and

(b)any other person who is for the time being entitled or authorised to permit individuals to take up residence in that house or part,

not to permit the number of individuals or households occupying that house or part to which the direction relates to increase to a number above the limit specified in the direction or, if it is for the time being above that number, not to permit it to increase further.

(2)A person who knowingly fails to comply with the requirements imposed on him by subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

356Power to require information about occupation of house.

(1)The local housing authority may from time to time serve on the occupier of a house or part of a house in respect of which there is in force a direction under section 354 (direction limiting number of occupants) a notice requiring him to furnish them within seven days with a statement in writing giving all or any of the following particulars—

(a)the number of individuals who are, on a date specified in the notice, living in the house or part of the house, as the case may be;

(b)the number of families or households to which those individuals belong;

(c)the names of those individuals and of the heads of each of those families or households;

(d)the rooms used by those individuals and families or households respectively.

(2)An occupier who makes default in complying with the requirements of a notice under this section, or furnishes a statement which to his knowledge is false in a material particular, commits a summary offence and is liable on conviction to a fine not exceeding level 2 on the standard scale.

357Revocation or variation of direction under s. 354.

(1)The local housing authority may, on the application of a person having an estate or interest in a house in respect of which a direction is in force under section 354 (direction limiting number of occupants), having regard to any works which have been executed in the house or any other change of circumstances, revoke the direction or vary it so as to allow more people to be accommodated in the house.

(2)If the authority refuse such an application or do not within 35 days from the making of such an application, or such further period as the applicant may in writing allow, notify the applicant of their decision, the applicant may appeal to the county court.

(3)On an appeal the court may revoke the direction or vary it in any manner in which it might have been varied by the authority.

Overcrowding

358Service of overcrowding notice.

(1)Where it appears to the local housing authority in the case of a house in multiple occupation—

(a)that an excessive number of persons is being accommodated on the premises, having regard to the rooms available, or

(b)that it is likely that an excessive number of persons will be accommodated on the premises, having regard to the rooms available.

they may serve an overcrowding notice on the occupier of the premises or on the person managing the premises, or on both.

(2)At least seven days before serving an overcrowding notice, the local housing authority shall—

(a)inform the occupier of the premises and any person appearing to them to be managing the premises, in writing, of their intention to do so, and

(b)ensure that, so far as is reasonably possible, every person living in the premises is informed of that intention;

and they shall afford those persons an opportunity of making representations regarding their proposal to serve the notice.

(3)If no appeal is brought under section 362, the overcrowding notice becomes operative at the end of the period of 21 days from the date of service, and is final and conclusive as to matters which could have been raised on such an appeal.

(4)A person who contravenes an overcrowding notice commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

359Contents of overcrowding notice.

(1)An overcrowding notice shall state in relation to every room on the premises—

(a)what in th opinion of the local housing authority is the maximum number of persons by whom the room is suitable to be occupied as sleeping accommodation at any one time, or

(b)that the room is in their opinion unsuitable to be occupied as sleeping accommodation;

and the notice may specify special maxima applicable where some or all of the persons occupying the room are under such age as may be specified in the notice.

(2)An overcrowding notice shall contain either—

(a)the requirement set out in section 360 (not to permit excessive number of persons to sleep on premises), or

(b)the requirement set out in section 361 (not to admit new residents if number of persons is excessive;

and where the local housing authority have served on a person an overcrowding notice containing the latter requirement, they may at any time withdraw the notice and serve on him in its place an overcrowding notice containing the former requirement.

360Requirement as to overcrowding generally.

(1)The first requirement referred to in section 359(2) is that the person on whom the notice is served must refrain from knowingly—

(a)permitting a room to be occupied as sleeping accommodation otherwise than in accordance with the notice, or

(b)permitting persons to occupy the premises as sleeping accommodation in such numbers that it is not possible to avoid persons of opposite sexes who are not living together as husband and wife sleeping in the same room.

(2)For the purposes of subsection (1)(b)—

(a)children under the age of 12 shall be left out of account, and

(b)it shall be assumed that the persons occupying the premises as sleeping accommodation sleep only in rooms for which a maximum is set by the notice and that the maximum set for each room is not exceeded.

361Requirement as to new residents.

(1)The second requirement referred to in section 359(2) is that the person on whom the notice is served must refrain from knowingly—

(a)permitting a room to be occupied by a new resident as sleeping accommodation otherwise than in accordance with the notice, or

(b)permitting a new resident to occupy any part of the premises as sleeping accommodation if that is not possible without persons of opposite sexes who are not living together as husband and wife sleeping in the same room;

and for this purpose “new resident” means a person who was not living in the premises immediately before the notice was served.

(2)For the purposes of subsection (1)(b)—

(a)children under the age of 12 shall be left out of account, and

(b)it shall be assumed that the persons occupying any part of the premises as sleeping accommodation sleep only in rooms for which a maximum is set by the notice and that the maximum set for each room is not exceeded.

362Appeal against overcrowding notice.

(1)A person aggrieved by an overcrowding notice may, within 21 days after the date of service of the notice, appeal to the county court, which may make such order either confirming, quashing or varying the notice as it thinks fit.

(2)If an appeal is brought the notice 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 notice or decision appealed against.

363Revocation and variation of notice.

(1)The local housing authority may at any time, on the application of a person having an estate or interest in the premises—

(a)revoke an overcrowding notice, or

(b)vary it so as to allow more people to be accommodated on the premises.

(2)If the authority refuse such an application, or do not within 35 days from the making of the application (or such further period as the applicant may in writing allow) notify the applicant of their decision, the applicant may appeal to the county court.

(3)On an appeal the court may revoke the notice or vary it in any manner in which it might have been varied by the local housing authority.

364Power to require information where notice in force.

(1)The local housing authority may from time to time serve on the occupier of premises in respect of which an overcrowding notice is in force a notice requiring him to furnish them within seven days with a statement in writing giving any of the following particulars—

(a)the number of individuals who are, on a date specified in the notice, occupying any part of the premises as sleeping accommodation;

(b)the number of families or households to which those individuals belong;

(c)the names of those individuals and of the heads of each of those families or households;

(d)the rooms used by those individuals and families or households respectively.

(2)A person who—

(a)knowingly fails to comply with the requirements of such a notice, or

(b)furnishes a statement which he knows to be false in a material particular,

commits a summary offence and is liable on conviction to a fine not exceeding level 2 on the standard scale.

365Means of escape from fire; general provisions as to exercise powers.

(1)If it appears to the local housing authority that a house in multiple occupation is not provided with such means of escape from fire as the authority consider necessary, the authority may exercise such of their powers under—

• section 366 (power to require execution of works), and

• section 368 (power to secure that part of house not used for human habitation),

as appear to them to be most appropriate.

(2)The authority shall so exercise those powers if the house is of such description or is occupied in such manner as the Secretary of State may specify by order.

(3)Before serving a notice under section 366 or accepting an undertaking or making a closing order under section 368, the local housing authority shall consult with the fire authority concerned.

(4)An order under subsection (2)—

(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 either House of Parliament.

366Means of escape from fire: power to require execution of works.

(1)The local housing authority may serve a notice specifying—

(a)the works which in the opinion of the local housing authority are required as respects the house to provide the necessary means of escape from fire, or

(b)where the authority exercise their powers under section 368 to secure that part of the house is not used for human habitation, such work only as in their opinion is required to provide the means of escape from fire which will be necessary if that part is not so used.

(2)The notice may be served—

(a)on the person having control of the house, or

(b)on a person to whom the house is let at a rackrent or who as agent or trustee of a person to whom the house is so let, receives rents or other payments from tenants of parts of the house or lodgers in the house;

and the authority shall inform any other person who is to their knowledge an owner, lessee or mortgagee of the house of the fact that the notice has been served.

(3)The notice shall require the person on whom it is served to execute the works specified in the notice within such period, not being less than 21 days from the service of the notice, as may be so specified; but that period may from time to time be extended by written permission of the authority.

367Appeal against notice under s. 366.

(1)A person on whom a notice is served under section 366 (means of escape from fire: notice requiring execution of works), or any other person who is an owner, lessee or mortgagee of the house to which the notice relates, may, within 21 days from the service of the notice, or such longer period as the local housing authority may in writing allow, appeal to the county court.

(2)The appeal may be on any of the following grounds—

(a)that the notice is not justified by the terms of that section;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;

(d)that the time within which the works are to be executed is not reasonably sufficient for the purpose;

(e)that some other person is wholly or partly responsible for the state of affairs calling for the execution of the works, or will as the holder of an estate or interest in the premises derive a benefit from their execution, and ought to pay the whole or a part of the expenses of executing them.

(3)In so far as an appeal is based on the ground mentioned in subsection (2)(b), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(4)Where the grounds on which an appeal is brought include the ground mentioned in subsection (2)(e), the court, if satisfied that the other person referred to in the notice of appeal has had proper notice of the appeal, may on the hearing of the appeal make such order as it thinks fit with respect to the payment to be made by that other person to the appellant or, where the works are executed by the local housing authority, to the authority.

368Means of escape from fire: power to secure that part of house not used for human habitation.

(1)If it appears to the local housing authority that the means of escape from fire would be adequate if part of the house were not used for human habitation, they may secure that that part is not so used.

(2)For that purpose, the authority may, if after consultation with any owner or mortgagee they think fit to do so, accept an undertaking from him that that part will not be used for human habitation without the permission of the authority.

(3)A person who, knowing that such an undertaking has been accepted—

(a)uses the part of the house to which the undertaking relates in contravention of the undertaking, or

(b)permits that part of the house 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 if he so uses it or permits it to be so used after conviction, he commits a further summary offence and is liable on conviction to a fine not exceeding £5 for every day or part of a day on which he so uses it or permits it to be so used.

(4)If the local housing authority do not accept an undertaking under subsection (2) with respect to a part of a house, or where they have accepted such an undertaking and that part of the house is at any time used in contravention of the undertaking, the authority may make a closing order with respect to that part of the house.

(5)The provisions of Part IX apply to a closing order under subsection (4) as they apply to a closing order made under section 265 by virtue of section 266(a) (closing order in respect of part of building unfit for human habitation), but with the modification that the ground on which the authority are required to determine the order under section 278(1) (premises rendered fit) shall be that the authority are satisfied that the means of escape from fire with which the house is provided is adequate (owing to a change of circumstances) and will remain adequate if the part of the house with respect to which the order was made is again used for human habitation.

(6)Nothing in the Rent Acts prevents possession being obtained of a part of a house which in accordance with an undertaking in pursuance of this section cannot for the time being be used for human habitation.

Standards of management

369The management code.

(1)The Secretary of State may, with a view to providing a code for the management of houses in multiple occupation, by regulations make provision for ensuring that the person managing a house in multiple occupation observes proper standards of management.

(2)The regulations may, in particular, require the person managing the house to ensure the repair, maintenance, cleansing and good order of—

• all means of water supply and drainage in the house,

• kitchens, bathrooms and water closets in common use,

• sinks and wash-basins in common use,

• common staircases, corridors and passage ways, and

• outbuildings, yards and gardens in common use,

and to make satisfactory arrangements for the disposal of refuse and litter from the house.

(3)The regulations may—

(a)make different provision for different types of house;

(b)provide for keeping a register of the names and addresses of those who are persons managing houses;

(c)impose duties on persons who have an estate or interest in a house or part of a house to which the regulations apply as to the giving of information to the local housing authority, and in particular make it the duty of a person who acquires or ceases to hold an estate or interest in the house to notify the authority;

(d)impose duties on persons who live in the house for the purpose of ensuring that the person managing the house can effectively carry out the duties imposed on him by the regulations;

(e)authorise the local housing authority to obtain information as to the number of individuals or households accommodated in the house;

(f)make it the duty of the person managing the house to cause a copy of the order under section 370 applying the regulations to the house, and of the regulations, to be displayed in a suitable position in the house;

(g)contain such other incidental and supplementary provisions as may appear to the Secretary of State to be expedient.

(4)Regulations under this section may vary or replace for the purposes of this section and of the regulations made under it the definition given in section 398 of the “person managing” a house.

(5)A person who knowingly contravenes or without reasonable excuse fails to comply with a regulation under this section as applied under section 370 in relation to a house commits a summary offence and is liable on conviction to a fine not exceeding level 3 on the standard scale.

(6)Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

370Application of management code to particular houses.

(1)If it appears to the local housing authority that a house in multiple occupation is in an unsatisfactory state in consequence of failure to maintain proper standards of management and, accordingly, that it is necesary that the regulations made under section 369 should apply to the house, the authority may by order direct that those regulations shall so apply.

(2)The order comes into force when it is made.

(3)The local housing authority shall within seven days from the making of the order—

(a)serve a copy of it on an owner of the house and on every person who is to the knowledge of the authority a lessee of the house, and

(b)post a copy of it in some position in the house where it is accessible to those living in the house.

(4)The local housing authority may at any time revoke the order on the application of a person having an estate or interest in the house.

(5)An order under this section is a local land charge.

371Appeal against making of, or failure to revoke, order under s. 370.

(1)A person who is served with a copy of an order under section 370 (order applying management code to house), and any other person who is a lessee of the house in respect of which the order is made, may, within 21 days from the service of the notice, or such longer period as the local housing authority may in writing allow, appeal to the county court on the ground that the making of the order was unnecessary.

(2)On the appeal the court shall take into account the state of the house at the time of the making of the order as well as at the time the appeal was instituted and shall disregard any improvement in the state of the house between those times unless the court is satisfied that effective steps have been taken to ensure that the house will in future be kept in a satisfactory state.

(3)If the court allows the appeal it shall revoke the order, but without prejudice to the operation of the order prior to its revocation or to the making of a further order.

(4)If the local housing authority—

(a)refuse an application for the revocation of an order under section 370, or

(b)do not within 35 days from the making of such an application, or such further period as the applicant may in writing allow, notify the applicant of their decision,

the applicant may appeal to the county court which may, if of opinion that there has been a substantial change in the circumstances since the making of the order, and that it is in other respects just to do so, revoke the order.

372Power to require execution of works to remedy neglect of management.

(1)If in the opinion of the local housing authority the condition of a house to which an order under section 370 applies (order applying management code) is defective in consequence of—

(a)neglect to comply with the requirements imposed by regulations under section 369 (regulations prescribing management code), or

(b)in respect of a period falling wholly or partly before the regulations applied to the house, neglect to comply with standards corresponding to the requirements imposed by the regulations,

the authority may serve on the person managing the house a notice specifying the works which, in the opinion of the authority, are required to make good the neglect.

(2)If it is not practicable after reasonable inquiry to ascertain the name or address of the person managing the house, the notice may be served by addressing it to him by the description of “manager of the House” (naming the house to which it relates) and delivering it to some person on the premises.

(3)The notice shall require the person on whom it is served to execute the works specified in the notice within such period, not less than 21 days from the service of the notice, as may be so specified; but that period may from time to time be extended by written permission of the authority.

(4)Where the authority serve a notice under this section on the person managing a house, they shall inform any other person who is to their knowledge an owner, lessee or mortgagee of the house of the fact that the notice has been served.

(5)References in this section to the person managing a house have the same meaning as in section 369 (and accordingly are subject to amendment by regulations under that section).

373Appeal against notice under s. 372.

(1)A person on whom a notice is served under section 372 (notice requiring works to remedy neglect of management), or any other person who is an owner, lessee or mortgagee of the house to which the notice relates, may, within 21 days from the service of the notice, or such longer period as the local housing authority may in writing allow, appeal to the county court.

(2)The appeal may be on any of the following grounds—

(a)that the condition of the house did not justify the local housing authority in requiring the execution of the works specified in the notice;

(b)that there has been some informality, defect or error in or in connection with, the notice;

(c)that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;

(d)that the time within which the works are to be executed is not reasonably sufficient for the purpose;

(e)that some other person is wholly or partly responsible for the state of affairs calling for the execution of the works, or will as the holder of an estate or interest in the premises derive a benefit from their execution and ought to pay the whole or a part of the expenses of executing them.

(3)In so far as an appeal is based on the ground mentioned in subsection (2)(b), the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(4)Where the grounds on which an appeal is brought include the ground specified in subsection (2)(e), the appellant shall serve a copy of his notice of appeal on each other person referred to, and on the hearing of the appeal the court may make such order as it thinks fit with respect to the payment to be made by any such other person to the appellant or, where the works are executed by the local housing authority, to the authority.

374Application of ss. 369 to 373 to buildings other than houses.

(1)The provisions of section 369 to 373 (provisions for remedying inadequate management) apply to—

(a)a building which is not a house but comprises separate dwellings two or more of which are occupied by persons who do not form a single household,

(b)a building which is not a house but comprises separate dwellings two or more of which do not have a sanitary convenience and personal washing facilities accessible only to those living in the dwelling, and

(c)a tenement block in which all or any of the flats are without one or more of the standard amenities,

as they apply to a house in multiple occupation.

(2)In this section—

• “tenement block” means a building or a part of a building which was constructed in the form of, and consists of, two or more flats, that is to say, separate sets of premises, whether or not on the same floor, constructed for use for the purpose of a dwelling and forming part of a building from some other part of which they are divided horizontally; and

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

(3)If the local housing authority make an order under section 370 (order applying management code) as respects a building or tenement block by virtue of this section at a time when another such order is in force as respects one of the dwellings in the building or block, they shall revoke the other order.

Supplementary provisions as to works notices

375Carrying out of works by local housing authority.

(1)If a notice under section 352, 366 or 372 (notices requiring the execution of works) is not complied with, the local housing authority may themselves do the work required to be done by the notice.

(2)Compliance with a notice means the completion of the works specified in the notice within the period for compliance, which is—

(a)if no appeal is brought against the notice, the period specified in the notice with any extension duly permitted by the local housing authority;

(b)if an appeal is brought against the notice, and the notice is confirmed in whole or in part on the appeal, the period of 28 days from the final determination of the appeal or such longer period as the court in determining the appeal may fix.

(3)If, before the expiration of the period for compliance with the notice, the person on whom the notice was served notifies the local housing authority that he is not able to do the work in question, the authority may, if they think fit, themselves do the work forthwith.

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

376Penalty for failure to execute works.

(1)A person on whom a notice has been served under section 352, 366 or 372 (notices requiring the execution of works) who wilfully fails to comply with the notice commits a summary offence and is liable on conviciton to a fine not exceeding level 4 on the standard scale.

(2)The obligation to execute the works specified in the notice continues notwithstanding that the period for compliance has expired; and a person who wilfully fails to comply with that obligation, after being convicted of an offence in relation to the notice under subsection (1) or this subsection, commits a further summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale.

(3)References in this section to compliance with a notice and to the period for compliance shall be construed in accordance with section 375(2).

(4)No liability arises under subsection (1) if the local housing authority, on being notified in accordance with section 375(3) that the person on whom the notice was served is not able to do the work in question, serve notice that they propose to do the work and relieve him from liability under subsection (1).

(5)The provisions of this section are without prejudice to the exercise by the local housing authority of their power under section 375 to carry out the works themselves.

377Powers of court to facilitate execution of works, &c.

(1)Where—

(a)a person is required by a notice under section 352, 366 or 372 to execute works and

(b)another person having an estate or interest in the premises unreasonably refuses to give a consent required to enable the works to be executed,

the person required to execute the works may apply to the county court and the court may give the necessary consent in place of that other person.

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

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

(b)being the owner or occupier of premises, prevents an officer, agent, servant or workman 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.

(3)A person who fails to comply with an order of the court under subsection (2) commits a summary offence and is liable on conviction to a fine not exceeding level 3 on the standard scale; and if the failure continues, he commits a further summary offence and is liable on conviction to a fine not exceeding £20 for every day or part of a day during which the failure continues.

378Provisions for protection of owners.

(1)If an owner of premises who is not the person in receipt of the rents and profits gives notice to the local housing authority of his interest in the premises, the authority shall give to him notice of any proceedings taken by them in relation to the premises under any of the preceding provisions of this Part.

(2)Nothing in the preceding provisions of this Part prejudices or interferes with the rights or remedies of an owner for breach, non-observance or non-performance of a covenant or contract entered into be a lessee in reference to premises—

(a)in respect of which a notice requiring the execution of works is served by the local housing authority under 352, 366 or 372, or

(b)as respects which an order under section 370 (order applying management code) is for the time being in force;

and if an owner is obliged to take possession of premises in order to comply with such a notice, the taking possession does not affect his right to avail himself of any such breach, non-observance or non-performance which occurred before he took possession.

379Making of control order.

(1)The local housing authority may make a control order in respect of a house in multiple occupation if—

(a)a notice has been served in respect of the house under section 352 or 372 (notices requiring the execution of works),

(b)a direction has been given in respect of the house under section 354 (direction limiting number of occupants),

(c)an order under section 370 is in force in respect of the house (order applying management code), or

(d)it appears to the authority that the state or condition of the house is such as to call for the taking of action under any of those sections,

and it appears to the authority that the living conditions in the house are such that it is necessary to make the order in order to protect the safety, welfare or health of persons living in the house.

(2)A control order comes into force when it is made, and as soon as practicable after making a control order the local housing authority shall, in exercise of the powers conferred by the following provisions of this Part and having regard to duties imposed on them by those provisions, enter on the premises and take all such immediate steps as appear to them to be required to protect the safety, welfare or health of persons living in the house.

(3)As soon as practicable after making a control order the local housing authority shall—

(a)post a copy of the order, together with a notice as described in subsection (4), in some position in the house where it is accessible to those living in the house, and

(b)serve a copy of the order, together with such a notice on every person who, to the knowledge of the authority, was immediately before the coming into force of the order a person managing or having control of the house or is an owner, lessee or mortgagee of the house.

(4)The notice mentioned above shall set out the effect of the order in general terms, referring to the rights of appeal against control orders conferred by this Part and stating the principal grounds on which the local housing authority consider it necessary to make a control order.

380Modification of control order where proprietor resides in part of house.

(1)The local housing authority may exclude from the provisions of a control order a part of the house which, when the control order comes into force, is occupied by a person who has an estate or interest in the whole of the house.

(2)Except where a contrary intention appears, references in this Part to the house to which a control order relates do not include a part of the house so excluded from the provisions of the order.

381General effect of control order.

(1)While a control order is in force the local housing authority—

(a)have the right to possession of the premises,

(b)have the right to do (and authorise others to do) in relation to the premises anything which a person having an estate or interest in the premises would, but for the making of the order, be entitled to do, without incurring any liability to any such person except as expressly provided by this Part, and

(c)may, notwithstanding that they do not, under this section, have an interest amounting to an estate in law in the premises, create an interest in the premises which, as near as may be, has the incidents of a leasehold;

but subject to section 382 as regards the rights of persons occupying parts of the house under existing tenancies or agreements.

(2)The local housing authority shall not, without the consent in writing of the person or persons who would have power to create the right if the control order were not in force, create in exercise of the powers conferred by this section any right in the nature of a lease or licence which is for a fixed term exceeding one month or is terminable by notice to quit (or an equivalent notice) of more than four weeks.

(3)Any enactment or rule of law relating to landlords and tenants or leases applies in relation to—

(a)an interest created under this section, or

(b)a lease to which the authority become a party under section 382,

as if the authority were the legal owner of the premises; but subject to the provisions of section 382, relating to the Rent Acts.

(4)On the coming into force of a control order any notice direction or order under section 352, 354, 366, 370 or 372 shall cease to have effect as respects the house to which the control order applies, but without prejudice to any criminal liability incurred before the coming into force of the control order, or to the right of the local housing authority to recover any expenses incurred in carrying out works.

(5)A control order is a local land charge.

(6)References in any enactment to housing accommodation provided or managed by the local housing authority do not include a house which is subject to a control order.

382Effect of control order on persons occupying house.

(1)This section applies to a person who, at the time when a control order comes into force, is occupying part of the house and does not have an estate or interest in the whole of the house.

(2)Section 381 (general effect of control order) does not affect the rights or liabilities of such a person under a lease, licence or agreement (whether in writing or not) under which he is occupying part of the house at the time when the control order comes into force; and—

(a)such a lease, licence or agreement has effect while the control order is in force as if the local housing authority were substituted in it for any party to it who has an estate or interest in the house and is not a person to whom this section applies, and

(b)such a lease continues to have effect as near as may be as a lease notwithstanding that the rights of the local housing authority, as substituted for the lessor, do not amount to an estate in law in the premises.

(3)The provisions which exclude local authority lettings from the Rent Acts, that is—

(a)sections 14 to 16 of the [1977 c. 42.] Rent Act 1977, and

(b)those sections as applied by Schedule 2 to the [1976 c. 80.] Rent (Agriculture) Act 1976 and section 5(2) to (4) of that Act,

do not apply to a lease or agreement under which a person to whom this section applies is occupying part of the house.

(4)If immediately before the control order came into force a person to whom this section applies was occupying part of the house under—

(a)a protected or statutory tenancy within the meaning of the Rent Act 1977, or

(b)a protected occupancy or statutory tenancy within the meaning of the Rent (Agriculture) Act 1976,

nothing in this Part prevents the continuance of that tenancy or occupancy or affects the continued operation of either of those Acts in relation to the tenancy or occupancy after the coming into force of the control order.

(5)So much of the regulations made under section 369 (regulations prescribing management code) as imposes duties on persons who live in a house to which the regulations apply also applies to persons who live in a house as respects which a control order is in force.

383Effect of control order in relation to furniture in case of furnished letting.

(1)If on the date on which the control order comes into force there is furniture in the house which a resident in the house has the right to use in consideration of periodical payments to the dispossessed proprietor, whether included in the rent payable by the resident or not, the right to possession of the furniture as against all persons other than the resident vests in the local housing authority on that date and remains vested in the authority while the control order remains in force.

(2)The authority may, on the application in writing of the person owning such furniture, by notice in writing served on that person not less than two weeks before the notice takes effect, renounce the right to possession of the furniture conferred by subsection (1).

(3)If the local housing authority’s right to possession of furniture conferred by subsection (1) is a right exercisable as against more than one person interested in the furniture, any of those persons may apply to the county court for an adjustment of their respective rights and liabilities as regards the furniture.

(4)On such an application the county court may make an order for such an adjustment of rights and liabilities either unconditionally or subject to such terms and conditions (including terms or conditions with respect to the payment of money by a party to the proceedings to another party to the proceedings by way of compensation, damages or otherwise) as it thinks just and equitable.

(5)In this section “furniture” includes fittings and other articles.

384Appeal against control order.

(1)A person having an estate or interest in a house to which a control order relates or, subject to subsection (3), any other person may appeal to the county court against the control order on any of the following grounds—

(a)that, whether or not the local housing authority have made an order or issued a notice or direction under any of the provisions of this Part mentioned in section 379(1)(a) to (c) the state or condition of the house was not such as to call for the taking of action under any of those provisions;

(b)that it was not necessary to make the control order in order to protect the safety, welfare or health of persons living in the house;

(c)where part of the house was occupied by the dispossessed proprietor when the control order came into force, that it was practicable and reasonable for the local housing authority to exercise their powers under section 380 so as to exclude from the provisions of the control order a part of the house (or a greater part than has been excluded);

(d)that the control order 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 control order.

(2)An appeal may be brought at any time after the making of the control order but not later than the expiration of a period of six weeks from the date on which the local housing authority serve a copy of a management scheme relating to the house in accordance with section 386, or such longer period as the authority may in writing allow.

(3)The court may, before entertaining an appeal brought by a person who had not, when he brought an appeal, an estate or interest in the house, require the appellant to satisfy the court that he may be prejudiced by the making of the order.

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

(5)Further provisions as to certain matters arising on the revocation of a control order on appeal are contained in Part III of Schedule 13.

(6)Subject to the right of appeal conferred by this section, a control order is final and conclusive as to any matter which would have been raised on such an appeal.

385General duties of local housing authority when control order is in force.

(1)The local housing authority shall—

(a)exercise the powers conferred on them by a control order so as to maintain proper standards of management in the house,

(b)take such action as is needed to remedy all the matters which they would have considered it necessary to remedy by the taking of action under any other provision of this Act if they had not made a control order, and

(c)make reasonable provision for insurance of the premises subject to the control order against destruction or damage by fire or other cause.

(2)The reference in subsection (1)(c) to the premises subject to the control order includes any part of the premises excluded from the provisions of the order under section 380 (modification of order where proprietor resides in part of the house).

(3)Premiums paid for the insurance of the premises shall be treated for the purposes of this Part as expenditure incurred by the authority in respect of the premises.

386Duty to prepare management scheme.

(1)After a control order has been made, the local housing authority shall prepare a management scheme and shall, not later than eight weeks after the date on which the control order comes into force, serve a copy of the scheme on—

(a)every person who is, to the knowledge of the authority, a dispossessed proprietor or an owner, lessee or mortgagee of the house, and

(b)any other person on whom the authority served a copy of the control order.

(2)Part I of Schedule 13 has effect with respect to the matters to be provided for in a management scheme and for appeals against such schemes and related matters.

(3)This section does not affect the powers conferred on the local housing authority by section 381 (general effect of control order), and accordingly the authority may carry out works in a house which is subject to a control order whether or not particulars of the works have been included in a management scheme.

387Right of entry for inspection and carrying out of works.

(1)The local housing authority, and any person authorised in writing by the authority, have, as against a person having an estate or interest in a house which is subject to a control order, the right at all reasonable times to enter any part of the house for the purpose of survey and examination or of carrying out works.

(2)The right conferred by subsection (1) is without prejudice to the rights conferred on the authority by section 381 (general effect of control order).

(3)Where part of a house is excluded from the provisions of a control order under section 380 (modification of order where dispossessed proprietor resides in part of the house), the right conferred by subsection (1) is exercisable as respects that part so far as is reasonably required for the purpose of survey and examination of, or carrying out works in, the part of the house which is subject to the control order.

(4)If the occupier of part of a house subject to a control order, after receiving notice of the intended action, prevents any officers, agents, servants, or workmen of the local housing authority from carrying out work in the house a magistrates' court may order him to permit to be done on the premises anything which the authority consider necessary.

(5)A person who fails to comply with an order of the court under subsection (4) commits a summary offence and is liable to a fine not exceeding level 3 on the standard scale and to a further fine not exceeding £20 for every day or part of a day during which the failure continues.

388Power to supply furniture and fittings.

The local housing authority may fit out, furnish and supply a house subject to a control order with such furniture, fittings and conveniences as appear to them to be required.

389Compensation payable to dispossessed proprietor.

(1)The local housing authority shall pay compensation to the dispossessed proprietor—

(a)in respect of the period during which the control order is in force, at a rate calculated in accordance with Part II of Schedule 13 by reference to the rateable value of the house;

(b)in respect of a period during which the authority have the right to possession of furniture in pursuance of section 383 (house subject to furnished letting when control order made), at such rate as the parties agree or is determined in default of agreement by the rent tribunal for the district in which the house is situated.

(2)Compensation accrues from day to day (and is apportionable in respect of time accordingly) and is payable by quarterly instalments, the first instalment being payable three months after the date when the control order comes into force.

(3)If at the time when compensation accrues due the estate or interest of the dispossessed proprietor or, as the case may be, the furniture in question is subject to a mortgage or charge, the compensation is also comprised in the mortgage or charge.

390Facilities to be afforded to dispossessed proprietor and others.

(1)The local housing authority shall—

(a)keep full accounts of their income and expenditure in respect of a house which is subject to a control order, and

(b)afford to the dispossessed proprietor, or any other person having an estate or interest in the house, all reasonable facilities for inspecting, taking copies of and verifying those accounts.

(2)While a control order is in force the local housing authority shall afford to the dispossessed proprietor, or any other person having an estate or interest in the house, any reasonable facilities requested by him for inspecting and examining the house.

391Power of court to modify or determine lease.

(1)Either the lessor or lessee under a lease of premises which consist of or include a house which is subject to a control order, other than a lease to which section 382(2) applies (leases under which persons are occupying parts of the house and which have effect as if the local housing authority were substituted as landlord), may apply to the county court for an order for the determination of the lease or for its variation.

(2)If on such an application the court is satisfied that—

(a)if the lease is determined and the control order is revoked, the lessor will be in a position, and intends, to take all such action to remedy the condition of the house as the local housing authority consider they would, if a control order had not been in force, have required to be carried out under any provision of this Part, and

(b)that the authority intend, if the lease is determined, to revoke the control order,

the court shall exercise the jurisdiction conferred by this section so as to determine the lease.

(3)An order under this section may be unconditional or subject to such terms and conditions as the court thinks just and equitable to impose having regard to the respective rights, obligations and liabilities of the parties underthe lease and to the other circumstances.

(4)The terms and conditions may include terms or conditions with respect to the payment of money by a party to the proceedings to another party to the proceedings, by way of compensation, damages or otherwise.

(5)An order under this section may include provisions for modifying in relation to the lease the effect of the provisions of paragraph 15 of Schedule 13 (re-transfer of the landlord’s interest on the cessation of the control order).

392Expiry or revocation of control order.

(1)A control order ceases to have effect at the expiry of the period of five years beginning with the date on which it came into force.

(2)The local housing authority may at any earlier time, either on application or on their own initiative, by order revoke a control order.

(3)The authority shall, at least 21 days before revoking a control order, serve notice of their intention to do so on—

(a)the persons occupying any part of the house, and

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

(4)If a person applies to the local authority requesting the authority to revoke a control order and giving the grounds on which the application is made, the authority shall if they refuse the application inform the applicant of their decision and of their reasons for rejecting the grounds advanced by him.

(5)Where the local housing authority propose to revoke a control order under this section on their own initiative and apply to the county court under this subsection, the court may approve the taking of any of the following steps to take effect on the revocation of the control order, that is—

(a)the serving of a notice under section 352, 366 or 372 (notices requiring the execution of works),

(b)the giving of a direction under section 354 (direction limiting number of occupants of house), or

(c)the making of an order under section 370 (order applying management code to house);

and no appeal lies against a notice or order so approved.

393Appeal against refusal to revoke control order.

(1)If the local housing authority—

(a)refuse an application under section 392 for the revocation of a control order, or

(b)do not within 42 days from the making of such an application or such further period as the applicant may in writing allow, inform him of their decision,

the applicant may appeal to the county court and the county court may revoke the order.

(2)The court shall revoke the control order if—

(a)the appellant has an estate or interest in the house which, apart from the rights conferred on the local housing authority by section 381 (general effect of control order) and the rights of persons occupying any part of the house, would give him the right to possesion of the house,

(b)that estate or interest was, when the control order came into force, subject to a lease for a term of years which has subsequently expired, and

(c)the appellant satisfies the court that he is in a position and intends, if the control order is revoked, to demolish or reconstruct the house or to carry out substantial work of construction on the site of the house;

and if the court is not so satisfied but would be so satisfied if the date of revocation of the control order were a date later than the hearing of the appeal, the court shall, if the appellant so requires, make an order for the revocation of the control order on that later date.

(3)If an appeal is brought under this section, the leave of the court is required for the bringing of another appeal against the same order, whether by the same or a different appellant, within the period of six months beginning with the final determination of the previous appeal.

(4)Further provisions as to certain matters arising on the revocation of a control order on appeal are contained in Part III of Schedule 13.

394Cessation of control order.

Further provisions as to matters arising on the cessation of a control order are contained in Parts III and IV of Schedule 13—

• Part III relates to the cessation of control orders generally, and

• Part IV provides for the case where a control order is followed by a compulsory purchase order.

General supplementary provisions

395Powers of entry.

(1)Where it appears to the local housing authority that survey or examination of any premises is necessary in order to determine whether any powers under this Part should be exercised in respect of the premises, a person authorised by the 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 the premises for the purpose of such a survey and examination.

(2)A person authorised by the local housing authority may at any reasonable time, without any such prior notice as is mentioned in subsection (1), enter any premises for the purpose of ascertaining whether an offence has been committed under any of the following provisions of this Part—

• section 346(6) (contravention of or failure to comply with provision of registration scheme),

• section 355(2) (failure to comply with requirements of direction limiting number of occupants of house),

• section 358(4) (contravention of overcrowding notice),

• section 368(3) (use or permitting use of part of house with inadequate means of escape from fire in contravention of undertaking),

• section 369(5) (contravention of or failure to comply with regulations prescribing management code),

• section 376(1) or (2) (failure to comply with notice requiring execution of works).

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

396Penalty for obstruction.

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

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

397Warrant to authorise entry.

(1)Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is reasonably required by a person employed by, or acting on the instructions of, the local housing authority—

(a)for the purpose of survey and examination to determine whether any powers under this Part should be exercised in respect of the premises, or

(b)for the purpose of ascertaining whether an offence has been committed under any of the provisions of this Part listed in section 395(2),

the justice may by warrant under his hand authorise that person to enter on the premises for those purposes or for such of those purposes as may be specified in the warrant.

(2)The justice shall not grant the warrant unless he is satisfied—

(a)that admission to the premises has been refused and, except where the purpose specified in the information is that mentioned in subsection (1)(b), that admission was sought after not less than 24 hours' notice of the intended entry had been given to the occupier, or

(b)that application for admission would defeat the purpose of the entry.

(3)The power of entry conferred by the warrant includes power to enter by force, if need be, and may be exercised by the person on whom it is conferred either alone or together with other persons.

(4)If the premises are unoccupied or the occupier is temporarily absent, a person entering under the authority of the warrant shall leave the premises as effectively secured against trespassers as he found them.

(5)The warrant continues in force until the purpose for which the entry is required is satisfied.

398Meaning of “lessee”, “owner”, “person, having control” and similar expressions.

(1)In this Part the expressions “lessee”, “owner” “person having an estate or interest”, “person having control”, and “person managing” shall be construed as follows.

(2)“Lessee” includes a statutory tenant of the premises, and references to a lease or to a person to whom premises are let shall be construed accordingly.

(3)“Owner”—

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

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

(4)“Person having an estate or interest” includes a statutory tenant of the premises.

(5)“Person having control” means the person who receives the rack-rent of the premises, whether on his own account or as agent or trustee of another person, or who would so receive it if the premises were let at a rack-rent (and for this purpose a “rack-rent” means a rent which is not less than 2/3rds of the full net annual value of the premises).

(6)“Person managing”—

(a)means the person who, being an owner or lessee of the premises, receives, directly or through an agent or trustee, rents or other payments from persons who are tenants of parts of the premises, or who are lodgers, and

(b)includes, where those rents or other payments are received through another person as agent or trustee, that other person.

399Minor definitions.

In this Part—

• “dispossessed proprietor”, in relation to a house subject to a control order, means the person by whom the rent or other periodical payments to which the local housing authority become entitled on the coming into force of the order would have been receivable but for the making of the order, and the successors in title of that person;

• “final determination”, in relation to an appeal, includes the withdrawal of the appeal, which has the same effect for the purposes of this Part as a decision dismissing the appeal;

• “house” includes any yard, garden, outhouses and appurtenances belonging to the house or usually enjoyed with it.

400Index of defined expressions: Part XI.

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