Housing Act 1985

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.