Housing Grants, Construction and Regeneration Act 1996 (c. 53)

(The document as of February, 2008)

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(a) an owner's interest in the building, or

(b) such an interest in a flat in the building as is mentioned in section 14(2)(a) to (d) (occupying tenants),

and has a power or duty to carry out the relevant works.

58 Minor definitions: Chapter I

In this Chapter--

• "common parts", in relation to a building, includes the structure and exterior of the building and common facilities provided, whether in the building or elsewhere, for persons who include the occupiers of one or more flats in the building;

• "common parts application", in relation to an application for a disabled facilities grant, means an application in respect of works to the common parts of a building containing one or more flats;

• "conversion application"--

  (a)

  in relation to an application for a renovation grant, means an application in respect of works required for the provision of one or more dwellings by the conversion of a house or other building, and

  (b)

  in relation to an application for an HMO grant, means an application for a grant in respect of works for the provision of a house in multiple occupation by the conversion of a house or other building;

• "flat" means a dwelling which is a separate set of premises, whether or not on the same floor, divided horizontally from some other part of the building.

59 Index of defined expressions: Chapter I

In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated--

certificate of future occupation (in relation to an application for an HMO grant)	section 26(2)
certificate of intended letting (in relation to an application for a renovation grant)	section 8(3)
certified date	section 44(3)(b)
common parts	section 58
common parts application (in relation to a disabled facilities grant)	section 58
common parts grant	section 1(3)
connected (with the owner of a dwelling)	section 98(2)
conversion application	section 58
disabled facilities grant	section 1(4)
disabled occupant	section 20
disabled person	section 100(1) to (3)
dwelling	section 101
elderly	section 101
eligible works	section 34(2)(a)
estimated expense	section 34(2)
exempt disposal	section 54
fit for human habitation	section 97(1)
flat	section 58
grant (without more)	section 1(6)
grant condition	section 44(1)
grant condition period	section 44(3)(a)
HMO grant	section 1(5)
house in multiple occupation	section 101
housing action trust	section 101
improvement	section 101
introductory tenant	section 101
landlord's application
2in relation to a renovation grant	section 10(6)
2in relation to a common parts grant	section 15(1) and (2)
local authority	section 101
local housing authority	section 101
long tenancy	section 101
member of family	section 98(1)
new town corporation	section 101
occupying tenant (in relation to an application for a common parts grant)	section 14(2)
owner	sections 99 and 101
owner-occupation certificate (in relation to an application for a renovation grant)	section 8(2)
owner's application
2in relation to a renovation grant	section 7(1) and (2)
2in relation to a disabled facilities grant	section 19(1) and (2)
owner's certificate (in relation to an application for a disabled facilities grant)	section 21(2)
owner's interest	section 101
participating landlord (in relation to a tenants' application for a common parts grant)	section 15(4)
partner	section 101
preliminary or ancillary services and charges	section 2(3)
prescribed	section 101
qualifying owner's interest
2in relation to an application for a renovation grant	section 7(4)
2in relation to an application for a disabled facilities grant	section 19(4)
2in relation to an application for an HMO grant	section 25(3)
qualifying tenant
2in relation to an application for a renovation grant	section 7(5)
2in relation to an application for a disabled facilities grant	section 19(4)
reasonable repair	section 96
registered social landlord	section 10 letting	section 8(4)
–in the context of an application for a common parts grant	section 14(2)
–in the context of an application for disabled facilities grant	section 19(5)
tenant's application
–in relation to a renovation grant	section 7(1) and (2)
–in relation to a disabled facilities grant	section 19(1) and (2)
tenants' application (in relation to a common parts grant)	section 15(1) and (2)
tenant's certificate
–for the purposes of an application for a renovation grant	section 9(2)
–for the purposes of an application for a disabled facilities grant	section 22(2)
urban development corporation	section 101

Chapter II Group repair schemes

Introductory

60 Group repair schemes

(1) A local housing authority may prepare a scheme (a "group repair scheme") for the carrying out of works--

(a) to put in reasonable repair the exterior of the buildings to which the scheme relates, or

(b) to render the buildings to which the scheme relates structurally stable,

or for both those purposes.

(2) For the purposes of this Chapter "building" includes the whole or part of a terrace of houses or other units.

(3) The scheme must satisfy the requirements of sections 61 and 62 as to the buildings to which it relates and the works specified in it.

61 Qualifying buildings

(1) The buildings to which a group repair scheme relates must be qualifying buildings.

(2) A building is a qualifying building if at the time the scheme is prepared it satisfies the conditions prescribed for qualifying buildings in relation to a group repair scheme.

(3) A group repair scheme must relate to at least one qualifying building which at the time the scheme is prepared satisfies the conditions prescribed for a primary building in relation to a group repair scheme.

(4) Each of the other qualifying buildings to which a group repair scheme relates must satisfy the conditions prescribed for an additional building in relation to a group repair scheme.

62 Scheme works

(1) The works specified in a group repair scheme ("scheme works") must be works of the following descriptions.

(2) In the case of works to put in reasonable repair the exterior of the buildings to which the scheme relates, the works must be--

(a) works to the exterior of the buildings to which the scheme relates, or

(b) so far only as may be necessary to give satisfactory effect to such works, additional works to other parts of the buildings,

and must be such that on completion of the works the exterior of the buildings will be in reasonable repair.

(3) In the case of works to render the buildings to which the scheme relates structurally stable, the works must be--

(a) works to the structure or to the foundations of the buildings to which the scheme relates, or

(b) other works necessary to give satisfactory effect to such works,

and must be such that on completion of the works the buildings will be structurally stable.

(4) For the purposes of this Chapter the exterior of a building means--

(a) any part of the building which is exposed to the elements of wind and rain or otherwise faces into the open air (including, in particular, roofs, chimneys, walls, doors, windows, rainwater goods and external pipework), and

(b) the curtilage of the building, including any wall within the curtilage which is constructed as a retaining wall or otherwise to protect the structure of the building.

(5) In relation to works to the curtilage of a building the reference in subsection (2)(b) to additional works to other parts of the building includes additional works on land outside the curtilage.

(6) For the purposes of this Chapter the exterior of a building shall not be regarded as in reasonable repair unless it is substantially free from rising or penetrating damp.

63 Approval of scheme by Secretary of State

(1) If a group repair scheme prepared by a local housing authority is approved by the Secretary of State, the authority may, with the consent of the persons participating in the scheme, enter into agreements to secure the carrying out of the works specified in the scheme.

(2) The approval of the Secretary of State may be given either to a specific scheme or generally to schemes which fulfil such criteria as he may from time to time specify.

(3) Different criteria may be specified for different types of scheme and for different areas.

(4) The approval of a scheme may be made conditional upon compliance with requirements specified by the Secretary of State.

Participation in group repair scheme

64 Persons eligible to participate in group repair scheme

(1) A person is eligible to participate in a group repair scheme if at the date of the approval of the scheme--

(a) he has an owner's interest in a dwelling or other premises comprised in a building to which the scheme relates, and

(b) as respects the dwelling or other premises in which he has an owner's interest he either--

(i) is able to give possession of any part of the building to which scheme works are proposed to be carried out, or

(ii) has the consent of the occupier of that part to the carrying out of those works.

In the case of a scheme not submitted for specific approval, the date of approval shall be taken to be the date on which the authority decide that the scheme fulfils the criteria for general approval.

(2) A person eligible to participate in a group repair scheme may participate as an assisted participant--

(a) if the owner's interest which he has is an interest in a dwelling and he gives an owner-occupation certificate or a certificate of intended letting, or

(b) if the owner's interest which he has is an interest in a house in multiple occupation and he gives a certificate of future occupation.

This is subject to the exceptions specified in subsection (7) or by order under that subsection.

(3) An "owner-occupation certificate" certifies that the person concerned--

(a) has an owner's interest in the dwelling, and

(b) intends that throughout the protected period he, or a member of his family, will live in the dwelling, as his (or that member's) only or main residence.

(4) A "certificate of intended letting" certifies that the person concerned--

(a) has an owner's interest in the dwelling, and

(b) intends that throughout the protected period the dwelling will be let or available for letting as a residence and not for a holiday to someone other than a member of his family.

In paragraph (b) "letting" does not include a letting on a long tenancy.

(5) In subsection (4) references to letting include the grant of a licence to occupy premises.

References in this Chapter to tenants, and other expressions relating to tenancies, in the context of a certificate of intended letting, shall be construed accordingly.

(6) A "certificate of future occupation" certifies that the person concerned--

(a) has an owner's interest in the house, and

(b) intends that throughout the protected period the house or a part of it (specified in the certificate) will be residentially occupied, or available for residential occupation, under tenancies or licences by persons who are not connected with the owner for the time being of the house.

In paragraph (b) "residential occupation" does not include occupation for a holiday, and "tenancies" does not include a long tenancy.

(7) The following may not participate in a group repair scheme as an assisted participant--

(a) a local authority;

(b) a new town corporation;

(c) the Development Board for Rural Wales;

(d) a health authority, special health authority or NHS trust;

(e) a police authority established under section 3 of the [1964 c. 48.] Police Act 1964;

(f) a housing action trust;

(g) a registered social landlord;

(h) any other authority, body or other person excluded by order of the Secretary of State.

(8) An order under subsection (7)(h) may proceed wholly or in part by reference to the provisions relating to entitlement to housing benefit, or any other form of assistance, as they have effect from time to time.

(9) A person eligible to participate in a group repair scheme who is unable to participate as an assisted participant may participate as an unassisted participant.

65 Scheme consent and restriction on works

(1) The persons who are eligible to participate in a group repair scheme do so by signifying consent ("scheme consent"), in accordance with the terms of the scheme, to the proposals to carry out the works specified in the scheme.

(2) No scheme works shall be carried out to a part of a building which consists of premises in respect of which no person eligible to participate has signified scheme consent, except as mentioned below.

(3) The restriction in subsection (2) does not apply to works carried out to premises in respect of which there is no person (or no ascertainable person) eligible to participate in the scheme.

(4) The restriction in subsection (2) does not apply to works--

(a) which are carried out to premises in respect of which the person eligible to participate consents to their being carried out but has not signified scheme consent (and, accordingly, is not liable to contribute), and

(b) which it is necessary to carry out in order satisfactorily to carry out any works specified in the scheme to another part of the same building in respect of which a person eligible to participate has signified scheme consent.

66 Certificate of completion date

(1) When the works specified in a group repair scheme are completed, the local housing authority shall send to each assisted participant a certificate specifying the date on which the works were completed to the authority's satisfaction.

(2) In this Chapter that date is referred to as "the completion date".

67 Contributions by participants

(1) The participants in a group repair scheme are liable to contribute to the cost, as notified to them under the scheme, of scheme works relating to the premises in which they have an interest, at a rate determined in accordance with this section.

(2) The cost of the works shall be apportioned between the several buildings and premises in such way as may be agreed between the participants with owner's interests in them or, in default of agreement, equally.

(3) In the case of an unassisted participant, the rate of contribution is 100 per cent.

(4) In the case of an assisted participant whose owner's interest is in premises other than a dwelling or house in multiple occupation, the rate of contribution is--

(a) 25 per cent. where the building is in a renewal area, and

(b) 50 per cent. in any other case.

The Secretary of State may by order amend paragraph (a) or (b) so as to specify a different percentage.

(5) In the case of any other assisted participant, the rate of contribution is a percentage determined by the local housing authority not exceeding that which would apply under subsection (4).

(6) In making their determination the authority shall have regard to the way in which--

(a) section 30 (means-testing in case of application by owner-occupier or tenant), or

(b) section 31 (determination of amount of grant in case of landlord's application),

would apply if he were an applicant for a renovation grant or, as the case may require, an HMO grant.

(7) They shall also have regard to any guidance given by the Secretary of State for the purposes of this section.

Different guidance may be given for different cases, different descriptions of cases and different areas and, in particular, with respect to different local housing authorities or descriptions of authority (including a description framed by reference to authorities in a particular area).

Variation of group repair scheme

68 Variation of group repair scheme

(1) A group repair scheme may be varied at any time before the completion date.

The variation may relate to the participants in the scheme, the buildings to which the scheme relates, the scheme works or any other matter.

(2) A variation is not effective unless approved by the Secretary of State.

The provisions of section 63(2) to (4) (supplementary provisions as to approval of scheme) apply to approval of a variation.

(3) Where a scheme is varied to enable other persons to participate, section 64 (persons eligible to participate) applies in relation to new participants with the substitution for the reference to the date of approval of the scheme of a reference to the date of approval of the variation.

In the case of a variation not submitted for specific approval, the date of approval shall be taken to be the date on which the authority decide that the variation fulfils the criteria for general approval.

(4) Before varying a group repair scheme the local housing authority shall consult the existing participants and consider any representations made by them.

(5) Fresh scheme consent is required in the case of an existing participant as to whom the authority are satisfied that his interests are adversely affected by the variation.

In any other case the existing scheme consent shall be treated as extended to the scheme as varied.

Conditions of participation

69 Conditions of participation: general

(1) The following sections have effect with respect to the conditions of participation in a group repair scheme as an assisted participant.

(2) Except as otherwise provided those conditions have effect for the period of five years, or such other period as may be prescribed, beginning with the completion date.

That period is referred to in this Chapter as "the protected period".

(3) For the purposes of those conditions the "balance of the cost" is the difference between--

(a) the cost as notified to the participant under the scheme of such of the works specified in the scheme as relate to the premises in which his owner's interest subsisted, and

(b) the amount of the contribution in respect of that cost paid by him by virtue of section 67.

70 Condition as to payment of balance of cost on disposal

(1) It is a condition of participation in a group repair scheme as an assisted participant that if, at any time after signifying scheme consent and before the end of the protected period, he makes a relevant disposal (other than an exempt disposal) of the premises in which he had an owner's interest at the date of the approval of the scheme, he shall pay to the local housing authority on demand the balance of the cost.

(2) The condition under this section is a local land charge and is binding on any person who is for the time being an owner of the premises concerned.

(3) Where the authority have the right to demand payment of an amount as mentioned in subsection (1), they may determine not to demand payment or to demand a lesser amount.

(4) The condition under this section shall cease to be in force with respect to any premises if there is a relevant disposal of the premises that is an exempt disposal, other than--

(a) a disposal within section 54(1)(a) (disposal to associates of person making disposal), or

(b) a disposal within section 54(1)(b) (vesting under will or on intestacy).

71 Conditions as to occupation

(1) It is a condition of participation in a group repair scheme as an assisted participant--

(a) where the participant gave an owner-occupation certificate, that throughout the protected period the dwelling is occupied in accordance with the intention stated in the certificate;

(b) where the participant gave a certificate of intended letting, that throughout the protected period the dwelling is let or available for letting in accordance with the intention stated in the certificate; and

(c) where the participant gave a certificate of future occupation, that throughout the protected period the house is residentially occupied, or available for residential occupation, in accordance with the intention stated in the certificate.

(2) It is also a condition of participation as an assisted participant that if at any time when any of the above conditions is in force the authority serve notice on the owner of the dwelling or house requiring him to do so, he will within the period of 21 days beginning with the date on which the notice was served furnish to the authority a statement showing how that condition is being fulfilled.

(3) A condition under this section is a local land charge and is binding on any person who is for the time being an owner of the dwelling or house.

(4) In the event of a breach of a condition under this section, the owner for the time being of the dwelling or house shall pay to the local housing authority on demand the balance of the cost.

(5) The local housing authority may determine not to make such a demand or may demand a lesser amount.

(6) Any condition under this section shall cease to be in force with respect to any premises if there is a relevant disposal of the premises which is an exempt disposal other than a disposal within section 54(1)(a) (disposal to associates of person making disposal).

72 Meaning of relevant disposal and exempt disposal

Sections 53 and 54 (meaning of "relevant disposal" and "exempt disposal") apply for the purposes of this Chapter.

73 Payment of balance of cost, &c: cessation of conditions

(1) If at any time while a condition of participation under section 70 or 71 remains in force--

(a) the assisted participant pays the balance of the cost to the local housing authority,

(b) a mortgagee of the interest of the assisted participant in the premises being a mortgagee entitled to exercise a power of sale, makes such a payment,

(c) the authority determine not to demand payment on the breach of a condition of participation, or

(d) the authority demand payment in whole or in part on the breach of a condition of participation and that demand is satisfied,

that condition and any other conditions of participation shall cease to be in force with respect to the premises of that assisted participant.

(2) An amount paid by a mortgagee under subsection (1)(b) above shall be treated as part of the sums secured by the mortgage and may be discharged accordingly.

(3) The purposes authorised for the application of capital money by--

(a) section 73 of the [1925 c. 18.] Settled Land Act 1925,

(b) that section as applied by section 28 of the [1925 c. 20.] Law of Property Act 1925 in relation to trusts for sale, and

(c) section 26 of the [1925 c. 24.] Universities and College Estates Act 1925,

include the making of payments under this section.

Supplementary provisions

74 Power of Secretary of State to modify operation of Chapter

(1) If the Secretary of State so directs in the case of any scheme or any description of scheme, such of the preceding provisions of this Chapter as are specified in the direction shall not apply in relation to that scheme or, as the case may be, in relation to a scheme of that description.

(2) The power under this section to give directions may be so exercised as to make different provision with respect to different local housing authorities or descriptions of authority (including a description framed by reference to authorities in a particular area).

75 Index of defined expressions: Chapter II

In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated--

assisted participant	section 64(2) and (7)
balance of the cost (in relation to conditions of participation)	section 69(3)
building	section 60(2)
certificate of future occupation	section 64(6)
certificate of intended letting	section 64(4)
completion date	section 66(2)
connected (with the owner of a dwelling)	section 98(2)
dwelling	section 101
eligible to participate	section 64(1)
exempt disposal	section 72 (and section 54)
group repair scheme	section 60(1)
house in multiple occupation	section 101
housing action trust	section 101
local authority	section 101
local housing authority	section 101
long tenancy	section 101
member of family	section 98(1)
new town corporation	section 101
owner	sections 99 and 101
owner-occupation certificate	section 64(3)
owner's interest	section 101
prescribed	section 101
protected period (in relation to conditions of participation)	section 69(2)
reasonable repair	section 96
registered social landlord	section 101
relevant disposal	section 72 (and section 53)
renewal area	section 101
scheme consent	section 65(1)
scheme works	section 62
tenancy and tenant (generally)	section 101
tenant and related expressions (in the context of a certificate of intended letting)	section 64(5)
unassisted participant	section 64(9)

Chapter III Home repair assistance

76 Home repair assistance

(1) A local housing authority may, on application being made to them, give assistance under this Chapter ("home repair assistance") in the form of a grant or the provision of materials for the carrying out of works of repair, improvement or adaptation to a dwelling.

(2) The Secretary of State may by order make provision as to the total amount or value of home repair assistance that may be given--

(a) on any one application, or

(b) in respect of the same dwelling in any period of three years.

(3) Home repair assistance shall not be given in respect of works--

(a) for which a grant under Chapter I has been approved or in respect of which an application for a grant is pending, or

(b) which are specified in a group repair scheme approved under Chapter II or prepared and awaiting the approval of the Secretary of State.

77 Entitlement to home repair assistance

(1) Subject to the following provisions of this section, a local housing authority shall not entertain an application for home repair assistance unless they are satisfied--

(a) that the applicant is aged 18 or over on the date of the application,

(b) that he lives in the dwelling as his only or main residence,

(c) that he has an owner's interest in the dwelling, or is a tenant of the dwelling, alone or jointly with others,

(d) that he has a duty or power to carry out the works in question, and

(e) that he or his partner is in receipt of income support, family credit, housing benefit, council tax benefit or disability working allowance.

(2) In the case of an application in respect of works to adapt a dwelling to enable an elderly, disabled or infirm person to be cared for, the condition in subsection (1)(b) shall be treated as met if the elderly, disabled or infirm person (whether or not the applicant) lives or proposes to live in the dwelling as his only or main residence.

(3) For the purposes of the condition in subsection (1)(c) "tenant" includes--

(a) a secure tenant or statutory tenant,

(b) a protected occupier under the [1976 c. 80.] Rent (Agriculture) Act 1976 or a person in occupation under an assured agricultural occupancy within the meaning of Part I of the [1988 c. 50.] Housing Act 1988, and

(c) an employee (whether full-time or part-time) who occupies the dwelling or flat concerned for the better performance of his duties;

but does not include a tenant of an authority or body mentioned in section 3(2) (authorities and bodies not eligible to apply for grants under Chapter I).

(4) An application may be made by a person who does not satisfy the condition in subsection (1)(c) but who occupies the dwelling under a right of exclusive occupation granted for his life or for a period of more than five years.

But except in the case of--

(a) works to adapt a dwelling to enable an elderly, disabled or infirm person, who lives or proposes to live in the dwelling as his only or main residence, to be cared for,

(b) works relating to means of escape from fire or other fire precautions, or

(c) any works to a dwelling in a renewal area,

the local housing authority shall not entertain an application made by virtue of this subsection unless they are satisfied that the applicant has occupied the dwelling as his only or main residence for a period of at least three years immediately preceding the date of the application.

(5) The condition in subsection (1)(e) does not apply--

(a) to an applicant who is elderly, disabled or infirm, or

(b) to an application in respect of works to adapt a dwelling to enable an elderly, disabled or infirm person, who lives or proposes to live in the dwelling, to be cared for.

78 Assistance in respect of house-boats and mobile homes

(1) Subject to the following provisions of this section, sections 76 and 77 (home repair assistance) apply in relation to a house-boat or mobile home as in relation to a dwelling.

(2) For the purposes of those sections as they apply in relation to a house-boat or mobile home, any person lawfully in occupation of the house-boat or mobile home shall be treated as a person with an owner's interest in or a tenant of a dwelling.

But except in the case of--

(a) works to adapt a house-boat or mobile home to enable an elderly, disabled or infirm person, who lives or proposes to live there as his only or main residence, to be cared for, or

(b) works relating to means of escape from fire or other fire precautions,

the local housing authority shall not entertain an application for home repair assistance unless the residence requirement is met.

(3) The residence requirement in the case of a house-boat is that the local housing authority are satisfied that--

(a) the applicant has occupied the boat as his only or main residence for a period of at least three years immediately preceding the date of the application;

(b) the boat has for that period had its only or main mooring in the same locality on an inland waterway or in marine waters within the boundary of the authority; and

(c) the applicant had a right to moor his boat there.

(4) The residence requirement in the case of a mobile home is that the local housing authority are satisfied that--

(a) the applicant has occupied the mobile home as his only or main residence for a period of at least three years immediately preceding the date of the application;

(b) the mobile home has for that period been on land forming part of the same protected site within the meaning of the [1983 c. 34.] Mobile Homes Act 1983; and

(c) the applicant occupied it under an agreement to which that Act applies or under a gratuitous licence.

(5) In this section--

• "house-boat" means a boat or similar structure designed or adapted for use as a place of permanent habitation, and

• "mobile home" means a caravan within the meaning of Part I of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960 (disregarding the amendment made by section 13(2) of the [1968 c. 52.] Caravan Sites Act 1968),

which is a dwelling for the purposes of Part I of the [1992 c. 14.] Local Government Finance Act 1992 (council tax).

79 Power to make further provision by regulations

(1) The Secretary of State may by regulations make provision as to--

(a) the manner of making an application for home repair assistance and the contents of such an application;

(b) the procedure for dealing with applications for home repair assistance and for ensuring that works are carried out to any standard specified in the regulations;

(c) the way in which the amount of home repair assistance to be given on any application is to be determined; and

(d) the taking into account (in such manner and to such extent as may be prescribed) of the financial circumstances of the applicant.

(2) The Secretary of State may by regulations make provision extending or restricting the availability of home repair assistance, by reference to such description of persons, circumstances or other factors as the Secretary of State thinks fit.

(3) Regulations under subsection (2) may proceed wholly or in part by reference to the provisions relating to entitlement to housing benefit, or any other form of assistance, as they have effect from time to time.

80 Index of defined expressions: Chapter III

In this Chapter the expressions listed below are defined by or otherwise fall to be construed in accordance with the provisions indicated--

disabled person	section 100(1) to (3)
dwelling	section 101
elderly	section 101
home repair assistance	section 76(1)
improvement	section 101
local housing authority	section 101
owner's interest	section 101
partner	section 101
prescribed	section 101
renewal area	section 101
secure tenant	section 101
statutory tenant	section 101
tenancy and tenant (generally)	section 101

Chapter IV Deferred action notices, &c.

Deferred action notices

81 Deferred action notices

(1) If the local housing authority are satisfied that a dwelling-house or house in multiple occupation is unfit for human habitation, but are satisfied that serving a deferred action notice is the most satisfactory course of action, they shall serve such a notice.

(2) A deferred action notice is a notice--

(a) stating that the premises are unfit for human habitation,

(b) specifying the works which, in the opinion of the authority, are required to make the premises fit for human habitation, and

(c) stating the other courses of action which are available to the authority if the premises remain unfit for human habitation.

(3) The notice becomes operative, if no appeal is brought, on the expiry of 21 days from the date of the service of the notice and is final and conclusive as to matters which could have been raised on an appeal.

(4) A deferred action notice which has become operative is a local land charge so long as it remains operative.

(5) The fact that a deferred action notice has been served does not prevent the local housing authority from taking any other course of action in relation to the premises at any time.

82 Service of deferred action notices

(1) The local housing authority shall serve a deferred action notice--

(a) in the case of a notice relating to a dwelling-house, on the person having control of the dwelling-house as defined in section 207 of the [1985 c. 68.] Housing Act 1985;

(b) in the case of a notice relating to a house in multiple occupation, on the person having control of the house as defined in section 398 of that Act.

(2) Where the authority are satisfied that a dwelling-house which is a flat, or a flat in multiple occupation, is unfit for human habitation by virtue of section 604(2) of the Housing Act 1985, they shall also serve the notice on the person having control (as defined in section 207 of that Act) of the building or part of the building in question.

(3) In the case of a house in multiple occupation, the authority may serve the notice on the person managing the house instead of the person having control of the house.

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