Housing Act 1996 (c. 52)

(The document as of February, 2008)

-- Back --

Page 5

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21

(2) Where a local housing authority intend to submit to the Secretary of State a registration scheme which requires his confirmation, they shall publish notice of their intention at least one month before the scheme is submitted.

As soon as the scheme is confirmed, the local housing authority shall publish a notice stating--

(a) that a registration scheme has been confirmed, and

(b) the date on which the scheme is to come into force.

(3) A notice under subsection (1) or (2) of the authority's intention to make a scheme or submit a scheme for confirmation shall--

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

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

(4) After publication of notice under subsection (1) or (2) that a registration scheme has been made or confirmed, and for as long as the scheme is in force, the local housing authority--

(a) shall keep a copy of the scheme, and of the register, available for public inspection at the offices of the authority free of charge at all reasonable hours, and

(b) on request, and on payment of such reasonable fee as the authority may require, shall supply a copy of the scheme or the register, or of any entry in the register, to any person.

(5) If the local housing authority revoke a registration scheme by order they shall publish notice of the order.

(6) In this section "publish" means publish in one or more newspapers circulating in the district of the local housing authority concerned. "

(2) In section 350(1) of the [1985 c. 68.] Housing Act 1985 (power to require information for purposes of scheme) for the words "a person" substitute "the person having control of the house or the person managing the house or any person".

70 Existing registration schemes

(1) The amendments made by sections 65 to 69 do not apply to registration schemes in force immediately before the coming into force of those sections.

(2) The unamended provisions of Part XI of the Housing Act 1985 continue to apply to such schemes, subject as follows.

(3) Any such scheme may be revoked--

(a) by a new scheme complying with the provisions of that Part as amended, or

(b) by order of the local housing authority.

(4) If not so revoked any such scheme shall cease to have effect at the end of the period of two years beginning with the date on which the amendments come into force.

Other amendments of Part XI of the Housing Act 1985

71 Restriction on notices requiring execution of works

(1) In section 352 of the Housing Act 1985 (power to require execution of works to render premises fit for number of occupants), at end insert--

" (7) Where a local housing authority serve a notice under this section in respect of any of the requirements specified in subsection (1A), and the works specified in the notice are carried out, whether by the person on whom the notice was served or by the local housing authority under section 375, the authority shall not, within the period of five years from the service of the notice, serve another notice under this section in respect of the same requirement unless they consider that there has been a change of circumstances in relation to the premises.

(8) Such a change may, in particular, relate to the condition of the premises or the availability or use of the facilities mentioned in subsection (1A). "

(2) The above amendment does not apply in relation to a notice served under section 352 of the [1985 c. 68.] Housing Act 1985 before this section comes into force.

72 Recovery of expenses of notice requiring execution of works

(1) After section 352 of the Housing Act 1985 insert--

" 352A Recovery of expenses of notice under s.352

(1) A local housing authority may, as a means of recovering certain administrative and other expenses incurred by them in serving a notice under section 352, make such reasonable charge as they consider appropriate.

(2) The expenses are the expenses incurred in--

(a) determining whether to serve a notice under that section,

(b) identifying the works to be specified in the notice, and

(3) The amount of the charge shall not exceed such amount as is specified by order of the Secretary of State.

(4) A charge under this section may be recovered by the authority from any person on whom the notice under section 352 is served.

(5) The provisions of Schedule 10 apply to the recovery by the authority of a charge under this section as they apply to the recovery of expenses incurred by the authority under section 375 (expenses of carrying out works required by notice).

(6) An order under this section--

(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.

(7) This section has effect subject to any order under section 353(6) (power of court on appeal against s.352 notice). "

(2) In section 353 of that Act (appeal against notice under section 352), after subsection (5) insert--

" (6) Where the court allows an appeal under this section or makes an order under subsection (5), it may make such order as it thinks fit reducing, quashing or requiring the repayment of any charge under section 352A made in respect of the notice to which the appeal relates. "

(3) The above amendments do not apply in relation to a notice served under section 352 of the [1985 c. 68.] Housing Act 1985 before this section comes into force.

73 Duty to keep premises fit for number of occupants

(1) After section 353 of the Housing Act 1985 insert--

" 353A Duty to keep premises fit for number of occupants

(1) It is the duty of the person having control of a house in multiple occupation, and of the person managing it, to take such steps as are reasonably practicable to prevent the occurrence of 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).

(2) A breach of that duty is actionable in damages at the suit of any tenant or other occupant of the premises, or any other person who suffers loss, damage or personal injury in consequence of the breach.

(3) A person who fails to comply with the duty imposed on him by subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 5 on the standard scale. "

(2) In section 395(2) of the Housing Act 1985 (power of entry to ascertain whether offence being committed), after the entry for section 346(6) insert--

" section 353A (failure to keep premises fit for number of occupants), "

74 Section 354 direction to be local land charge

In section 354 of the Housing Act 1985 (power to limit number of occupants of house), at the end insert--

" (8) A direction under this section is a local land charge. "

75 Means of escape from fire

(1) Section 365 of the Housing Act 1985 (means of escape from fire: general provisions as to exercise of powers) is amended as follows.

(2) In subsection (1)(b) (ground for exercise of additional powers) after "paragraph (d)" insert "or (e)".

(3) For subsection (3) (consultation requirements) substitute--

" (3) The local housing authority shall consult with the fire authority concerned before exercising any of the powers mentioned in subsection (2)--

(a) where they are under a duty to exercise those powers, or

(b) where they are not under such a duty but may exercise those powers and the house is of such description or is occupied in such manner as the Secretary of State may specify by order for the purposes of this subsection. "

(4) In subsection (4) (orders) for "or (2A)" substitute ", (2A) or (3)".

(5) In subsection (5) (other powers unaffected) omit "and (e)".

76 Works notices: improvement of enforcement procedures

After section 377 of the [1985 c. 68.] Housing Act 1985 insert--

" 377A Works notices: improvement of enforcement procedures

(1) The Secretary of State may by order provide that a local housing authority shall act as specified in the order before serving a works notice.

In this section a "works notice" means a notice under section 352 or 372 (notices requiring the execution of works).

(2) An order under this section may provide that the authority--

(a) shall as soon as practicable give to the person on whom the works notice is to be served a written notice which satisfies the requirements of subsection (3); and

(b) shall not serve the works notice until after the end of such period beginning with the giving of a notice which satisfies the requirements of subsection (3) as may be determined by or under the order.

(3) A notice satisfies the requirements of this subsection if it--

(a) states the works which in the authority's opinion should be undertaken, and explains why and within what period;

(b) explains the grounds on which it appears to the authority that the works notice might be served;

(c) states the type of works notice which is to be served, the consequences of serving it and whether there is a right to make representations before, or a right of appeal against, the serving of it.

(4) An order under this section may also provide that, before the authority serves the works notice on any person, they--

(a) shall give to that person a written notice stating--

(i) that they are considering serving the works notice and the reasons why they are considering serving the notice; and

(ii) that the person may, within a period specified in the written notice, make written representations to them or, if the person so requests, make oral representations to them in the presence of a person determined by or under the order; and

(b) shall consider any representations which are duly made and not withdrawn.

(5) An order under this section may in particular--

(a) make provision as to the consequences of any failure to comply with a provision made by the order;

(b) contain such consequential, incidental, supplementary or transitional provisions and savings as the Secretary of State considers appropriate (including provisions modifying enactments relating to the periods within which proceedings must be brought).

(6) An order under this section--

(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.

(7) Nothing in any order under this section shall--

(a) preclude a local housing authority from serving a works notice on any person, or from requiring any person to take immediate remedial action to avoid a works notice being served on him, in any case where it appears to them to be necessary to serve such a notice or impose such a requirement; or

(b) require such an authority to disclose any information the disclosure of which would be contrary to the public interest. "

77 Codes of practice

After section 395 of the [1985 c. 68.] Housing Act 1985 insert--

" 395A Codes of practice

(1) The Secretary of State may by order--

(a) approve any code of practice (whether prepared by him or another person) which, in his opinion, gives suitable guidance to any person in relation to any matter arising under this Part;

(b) approve any modification of such a code; or

(2) The Secretary of State shall only approve a code of practice or a modification of a code if he is satisfied that--

(a) the code or modification has been published (whether by him or by another person) in such manner as he considers appropriate for the purpose of bringing the code or modification to the notice of those likely to be affected by it; or

(b) arrangements have been made for the code or modification to be so published.

(3) The Secretary of State may approve--

(a) more than one code of practice in relation to the same matter;

(b) a code of practice which makes different provision with respect to different cases or descriptions of case (including different provision for different areas).

(4) A failure to comply with a code of practice for the time being approved under this section shall not of itself render a person liable to any civil or criminal proceedings; but in any civil or criminal proceedings--

(a) any code of practice approved under this section shall be admissible in evidence, and

(b) any provision of any such code which appears to the court to be relevant to any question arising in the proceedings shall be taken into account in determining that question.

(5) An order 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.

(6) In this section references to a code of practice include references to a part of a code of practice. "

78 Increase of fines, &c

(1) In section 350(2) of the [1985 c. 68.] Housing Act 1985 (information in relation to registration schemes)--

(a) in paragraph (a) (failure to give information) for "level 2" substitute "level 3", and

(b) in paragraph (b) (mis-statement) for "level 3" substitute "level 5".

(2) In section 355(2) of that Act (failure to comply with occupancy restrictions) for "level 4" substitute "level 5".

(3) In section 356(2) of that Act (information in relation to occupation of house) for "level 2" substitute "level 3".

(4) In section 364(2) of that Act (information in relation to overcrowding) for "level 2 on the standard scale" substitute ", in the case of such failure, level 3 on the standard scale and, in the case of furnishing such a statement, level 5 on the standard scale".

(5) In section 368(3) of that Act (use of house in contravention of undertaking) omit from "and if" to the end.

(6) In section 369(5) of that Act (failure to comply with management code) for "level 3" substitute "level 5".

(7) In section 376(1) and (2) of that Act (penalties for failures to execute works) for "level 4" substitute in each case "level 5".

(8) In section 377(3) of that Act (failure to permit execution of works) for the words from "level 3" to the end substitute "level 5 on the standard scale".

(9) In section 387(5) of that Act (failure to permit carrying out of works) for the words from "level 3" to the end substitute "level 5 on the standard scale".

(10) In section 396(2) of that Act (penalty for obstruction) for the words "level 3" substitute "level 4".

79 Minor amendments

(1) In section 355(1) of the [1985 c. 68.] Housing Act 1985 (effect of direction limiting number of occupants) for the words from "the number" to the end substitute "any individual to take up residence in that house or part unless the number of individuals or households then occupying the house or part would not exceed the limit specified in the direction.".

(2) In section 398 of the Housing Act 1985 for subsection (6) (meaning of "person managing") substitute--

" (6) "Person managing"--

(a) means the person who, being an owner or lessee of the premises--

(i) 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, or

(ii) would so receive those rents or other payments but for having entered into an arrangement (whether in pursuance of a court order or otherwise) with another person who is not an owner or lessee of the premises by virtue of which that other person receives the rents or other payments, and

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

(3) In Part IV of Schedule 13 to the Housing Act 1985 (control order followed by compulsory purchase order), in paragraph 22 (application of provisions where compulsory purchase order is made within 28 days of a control order), for "28 days" substitute "eight weeks".

Common lodging houses

80 Repeal of Part XII of the Housing Act 1985

(1) Part XII of the Housing Act 1985 (common lodging houses) is hereby repealed.

(2) In consequence of the above repeal--

(a) in section 619(2) of the Housing Act 1985, for "The other provisions of this Act" substitute "The provisions of Parts I to XI and XIII to XVIII of this Act"; and

(b) in section 65(2)(a) of the [1988 c. 50.] Housing Act 1988, for "XII" substitute "XI".

(3) The Secretary of State may by order make such consequential amendments or repeals in any local Act as he considers necessary or expedient.

Any such order shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Part III Landlord and tenant

Chapter I Tenants' rights

Forfeiture

81 Restriction on termination of tenancy for failure to pay service charge

(1) A landlord may not, in relation to premises let as a dwelling, exercise a right of re-entry or forfeiture for failure to pay a service charge unless the amount of the service charge--

(a) is agreed or admitted by the tenant, or

(b) has been the subject of determination by a court or by an arbitral tribunal in proceedings pursuant to an arbitration agreement (within the meaning of Part I of the [1996 c. 23.] Arbitration Act 1996).

(2) Where the amount is the subject of determination, the landlord may not exercise any such right of re-entry or forfeiture until after the end of the period of 14 days beginning with the day after that on which the decision of the court or arbitral tribunal is given.

(3) For the purposes of this section the amount of a service charge shall be taken to be determined when the decision of the court or arbitral tribunal is given, notwithstanding the possibility of an appeal or other legal challenge to the decision.

(4) The reference in subsection (1) to premises let as a dwelling does not include premises let on--

(a) a tenancy to which Part II of the [1954 c. 56.] Landlord and Tenant Act 1954 applies (business tenancies),

(b) a tenancy of an agricultural holding within the meaning of the [1986 c. 5.] Agricultural Holdings Act 1986 in relation to which that Act applies, or

(5) In this section "service charge" means a service charge within the meaning of section 18(1) of the [1985 c. 70.] Landlord and Tenant Act 1985, other than one excluded from that section by section 27 of that Act (rent of dwelling registered and not entered as variable).

(6) Nothing in this section affects the exercise of a right of re-entry or forfeiture on other grounds.

82 Notice under s.146 of the Law of Property Act 1925

(1) Nothing in section 81 (restriction on termination of tenancy for failure to pay service charge) affects the power of a landlord to serve a notice under section 146(1) of the [1925 c. 20.] Law of Property Act 1925 (restrictions on and relief against forfeiture: notice of breach of covenant or condition).

(2) But such a notice in respect of premises let as a dwelling and failure to pay a service charge is ineffective unless it complies with the following requirements.

(3) It must state that section 81 applies and set out the effect of subsection (1) of that section.

The Secretary of State may by regulations prescribe a form of words to be used for that purpose.

(4) The information or words required must be in characters not less conspicuous than those used in the notice--

(a) to indicate that the tenancy may be forfeited, or

(b) to specify the breach complained of,

whichever is the more conspicuous.

(5) In this section "premises let as a dwelling" and "service charge" have the same meaning as in section 81.

(6) Regulations under this section--

(a) shall be made by statutory instrument, and

(b) may make different provision for different cases or classes of case including different areas.

Service charges

83 Determination of reasonableness of service charges

(1) In section 19 of the [1985 c. 70.] Landlord and Tenant Act 1985 (limitation of service charges: reasonableness), after subsection (2) insert--

" (2A) A tenant by whom, or a landlord to whom, a service charge is alleged to be payable may apply to a leasehold valuation tribunal for a determination--

(a) whether costs incurred for services, repairs, maintenance, insurance or management were reasonably incurred,

(b) whether services or works for which costs were incurred are of a reasonable standard, or

(2B) An application may also be made to a leasehold valuation tribunal by a tenant by whom, or landlord to whom, a service charge may be payable for a determination--

(a) whether if costs were incurred for services, repairs, maintenance, insurance or management of any specified description they would be reasonable,

(b) whether services provided or works carried out to a particular specification would be of a reasonable standard, or

(2C) No application under subsection (2A) or (2B) may be made in respect of a matter which--

(a) has been agreed or admitted by the tenant,

(b) under an arbitration agreement to which the tenant is a party is to be referred to arbitration, or

(2) In the Schedule to the Landlord and Tenant Act 1985, for paragraph 8 (right to challenge landlord's choice of insurers) substitute--

" 8 (1) This paragraph applies where a tenancy of a dwelling requires the tenant to insure the dwelling with an insurer nominated by the landlord.

(2) The tenant or landlord may apply to a county court or leasehold valuation tribunal for a determination whether--

(a) the insurance which is available from the nominated insurer for insuring the tenant's dwelling is unsatisfactory in any respect, or

(b) the premiums payable in respect of any such insurance are excessive.

(3) No such application may be made in respect of a matter which--

(a) has been agreed or admitted by the tenant,

(b) under an arbitration agreement to which the tenant is a party is to be referred to arbitration, or

(4) On an application under this paragraph the court or tribunal may make--

(a) an order requiring the landlord to nominate such other insurer as is specified in the order, or

(b) an order requiring him to nominate another insurer who satisfies such requirements in relation to the insurance of the dwelling as are specified in the order.

(5) Any such order of a leasehold valuation tribunal may, with the leave of the court, be enforced in the same way as an order of a county court to the same effect.

(6) An agreement by the tenant of a dwelling (other than an arbitration agreement) is void in so far as it purports to provide for a determination in a particular manner, or on particular evidence, of any question which may be the subject of an application under this paragraph. "

(3) In the [1985 c. 70.] Landlord and Tenant Act 1985 before section 32 under the heading "Supplementary provisions" insert--

" 31A Jurisdiction of leasehold valuation tribunal

(1) The jurisdiction conferred by this Act on a leasehold valuation tribunal is exercisable by a rent assessment committee constituted in accordance with Schedule 10 to the [1977 c. 42.] Rent Act 1977 which when so constituted for the purposes of exercising any such jurisdiction shall be known as a leasehold valuation tribunal.

(2) The power to make regulations under section 74(1)(b) of the Rent Act 1977 (procedure of rent assessment committees) extends to prescribing the procedure to be followed in connection with any proceedings before a leasehold valuation tribunal under this Act.

(3) Such regulations may, in particular, make provision--

(a) for securing consistency where numerous applications under this Act are or may be brought in respect of the same or substantially the same matters; and

(b) empowering a leasehold valuation tribunal to dismiss an application, in whole or in part, on the ground that it is frivolous or vexatious or otherwise an abuse of the process of the tribunal. "

(4) No costs incurred by a party in connection with proceedings under this Act before a leasehold valuation tribunal shall be recoverable by order of any court.

(5) Paragraphs 2, 3 and 7 of Schedule 22 to the [1980 c. 51.] Housing Act 1980 (supplementary provisions relating to leasehold valuation tribunals: appeals and provision of information) apply to a leasehold valuation tribunal constituted for the purposes of this section.

(6) No appeal shall lie to the Lands Tribunal from a decision of a leasehold valuation tribunal under this Act without the leave of the leasehold valuation tribunal concerned or the Lands Tribunal.

(7) On any such appeal--

(a) the Lands Tribunal may exercise any power available to the leasehold valuation tribunal in relation to the original matter, and

(b) an order of the Lands Tribunal may be enforced in the same way as an order of the leasehold valuation tribunal.

31B Leasehold valuation tribunal: applications and fees

(1) The Secretary of State may make provision by order as to the form of, or the particulars to be contained in, an application made to a leasehold valuation tribunal under this Act.

(2) The Secretary of State may make provision by order--

(a) requiring the payment of fees in respect of any such application, or in respect of any proceedings before, a leasehold valuation tribunal under this Act; and

(b) empowering a leasehold valuation tribunal to require a party to proceedings before it to reimburse any other party the whole or part of any fees paid by him.

(3) The fees payable shall be such as may be specified in or determined in accordance with the order subject to this limit, that the fees payable in respect of any one application or reference by the court together with any proceedings before the tribunal arising out of that application or reference shall not exceed £500 or such other amount as may be specified by order of the Secretary of State.

(4) An order under this section may make different provision for different cases or classes of case or for different areas.

(5) An order may in particular--

(a) make different provision in relation to proceedings transferred to the tribunal from that applicable where an application was made to the tribunal, and

(b) provide for the reduction or waiver of fees by reference to the financial resources of the party by whom they are to be paid or met.

(6) In the latter case the order may apply, subject to such modifications as may be specified in the order, any other statutory means-testing regime as it has effect from time to time.

(7) An order under this section shall be made by statutory instrument.

(8) No order altering the limit under subsection (3) shall be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(9) Any other order under this section, unless it contains only such provision as is mentioned in subsection (1), shall be subject to annulment in pursuance of a resolution of either House of Parliament.

31C Transfer of cases from county court

(1) Where in any proceedings before a court there falls for determination a question falling within the jurisdiction of a leasehold valuation tribunal under this Act, the court--

(a) may by order transfer to such a tribunal so much of the proceedings as relate to the determination of that question, and

(b) may then dispose of all or any remaining proceedings, or adjourn the disposal of all or any of such proceedings, pending the determination of that question by the tribunal, as it thinks fit.

(2) When the tribunal has determined the question, the court may give effect to the determination in an order of the court.

(3) Any such order shall be treated as a determination by the court for the purposes of section 81 of the Housing Act 1996 (restriction on termination of tenancy for failure to pay service charge).

(4) Rules of court may prescribe the procedure to be followed in the court in connection with or in consequence of a transfer under this section.

(4) For section 20C of the [1985 c. 70.] Landlord and Tenant Act 1985 (limitation of service charges: costs of court proceedings) substitute--

" 20C Limitation of service charges: costs of proceedings

(1) A tenant may make an application for an order that all or any of the costs incurred, or to be incurred, by the landlord in connection with proceedings before a court or leasehold valuation tribunal, or the Lands Tribunal, or in connection with arbitration proceedings, are not to be regarded as relevant costs to be taken into account in determining the amount of any service charge payable by the tenant or any other person or persons specified in the application.

(2) The application shall be made--

(a) in the case of court proceedings, to the court before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to a county court;

(b) in the case of proceedings before a leasehold valuation tribunal, to the tribunal before which the proceedings are taking place or, if the application is made after the proceedings are concluded, to any leasehold valuation tribunal;

(d) in the case of arbitration proceedings, to the arbitral tribunal or, if the application is made after the proceedings are concluded, to a county court.

(3) The court or tribunal to which the application is made may make such order on the application as it considers just and equitable in the circumstances. "

(5) In section 38 of the [1985 c. 70.] Landlord and Tenant Act 1985 (minor definitions), at the appropriate place insert--

" "arbitration agreement", "arbitration proceedings" and "arbitral tribunal" have the same meaning as in Part I of the [1996 c. 23.] Arbitration Act 1996; "

(6) In section 39 of that Act (index of defined expressions), at the appropriate place insert--

" arbitration agreement, arbitration proceedings and arbitral tribunal

section 38 "

84 Right to appoint surveyor to advise on matters relating to service charges

(1) A recognised tenants' association may appoint a surveyor for the purposes of this section to advise on any matters relating to, or which may give rise to, service charges payable to a landlord by one or more members of the association.

The provisions of Schedule 4 have effect for conferring on a surveyor so appointed rights of access to documents and premises.

(2) A person shall not be so appointed unless he is a qualified surveyor.

For this purpose "qualified surveyor" has the same meaning as in section 78(4)(a) of the [1993 c. 28.] Leasehold Reform, Housing and Urban Development Act 1993 (persons qualified for appointment to carry out management audit).

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21

-- Back --

Stat