Statutory Instrument 1997 No. 872

The Housing (Prescribed Forms) (Amendment) Regulations 1997

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1997 No. 872

HOUSING, ENGLAND AND WALES

The Housing (Prescribed Forms) (Amendment) Regulations 1997

	Made	14th March 1997
	Laid before Parliament	18th March 1997
	Coming into force	8th April 1997

The Secretary of State for the Environment as respects England, and the Secretary of State for Wales as respects Wales, in exercise of the powers under section 614 of the Housing Act 1985[1] and of all other powers enabling them in that behalf, hereby make the following Regulations: - 

Citation and commencement and interpretation
    1. - (1) These Regulations may be cited as the Housing (Prescribed Forms) (Amendment) Regulations 1997 and shall come into force on 8th April 1997.

    (2) In these Regulations "the principal Regulations" means the Housing (Prescribed Forms)(No. 2) Regulations 1990[2], and a reference to a numbered form in the Second Schedule to these Regulations is a reference to the form bearing that number in the Schedule to the principal Regulations.

Amendment of Principal Regulations
    2.Regulation 2 of the principal Regulations shall be amended as set out in the First Schedule hereto, and the forms set out in the Schedule to the principal Regulations shall be amended as set out in the Second Schedule hereto.



Signed by authority of the Secretary of State

David Curry
Minister of State, Department of the Environment

13th March 1997


Signed by authority of the Secretary of State for Wales

Jonathan Evans
Parliamentary Under Secretary of State Welsh Office

14th March 1997


FIRST SCHEDULERegulation 2

    1. After paragraph (1)(g) insert - 

" (gg) Form 10A for a demand under section 352A and Schedule 10 for recovery of expenses of notice under section 352 requiring execution of works incurred by a local housing authority,".

    2. At the end add - 

    " (5) Form 10A is prescribed for use only in cases where the notice under section 352 in respect of which the demand is made was served on or after 3rd March 1997.".

SECOND SCHEDULERegulation 2

    1. FORM 6: Notice to execute works to make a house in multiple occupation fit for number of occupants

(a) In the notes, in the first paragraph in brackets, after "Local Government and Housing Act 1989" insert "and Part II of the Housing Act 1996".

(b) In the notes under "Right of Appeal", insert after paragraph (g) - 


" (h) the authority have failed to issue a written notice stating that they were considering serving the works notice, or to consider any representations made following such written notice, in accordance with article 2(1) of the Housing (Enforcement Procedures for Houses in Multiple Occupation) Order 1997 (SI 1997/227).".



(c) In the notes, under "Right of Appeal", after "section 353(2), (3) and (5)" insert "and section 377A".

(d) In the notes, under "Penalties", for "level 4" substitute "level 5" in each place where it occurs.

(e) For the notes, under "Grant", substitute - 

" You may be entitled under Part I of the Housing Grants, Construction and Regeneration Act 1996, to a discretionary grant from the Council towards the cost of the works. The premises will have to satisfy the preliminary conditions of grant in each case. You should contact the Council about the possibility of a grant, and submit a formal application before appointing contractors or starting the works.".

    2. FORM 7: Notice to issue works to remedy neglect of management of house in multiple occupation

(a) In the notes, in the first paragraph in brackets, after "Local Government and Housing Act 1989", insert "and Part II of the Housing Act 1996".

(b) In the notes, under "Right of Appeal", insert after the end of paragraph (f) - 


" (g) the authority have failed to issue a written notice stating that they were considering serving the works notice, or to consider any representations made following such written notice, in accordance with article 2(1) of the Housing (Enforcement Procedures for Houses in Multiple Occupation) Order 1997 (SI 1997/227).".



(c) In the notes, at the end under "Right of Appeal", after "section 373(2), (3) and (4)" insert "and section 377A".

(d) In the notes, under "Penalties", for "level 4" substitute "level 5" in each place where it occurs.

    3. FORM 8: Notice of local housing authority's intention to enter and execute works

(a) In the notes, in the first paragraph in brackets, after "Local Government and Housing Act 1989" insert "and Part II of the Housing Act 1996".

(b) In the notes, under "Penalty for obstruction", for "level 3" substitute "level 4" in each place where it occurs.

    4. FORM 9: Notice before exercising power of entry

(a) In the notes, in the first paragraph in brackets, after "Local Government and Housing Act 1989" insert "and Part II of the Housing Act 1996".

(b) In the notes, under "Penalty", for "level 3" substitute "level 4".

    5. FORM 10: Demand for recovery of expenses incurred by local housing authority

In the notes, in the first paragraph in brackets, after "Local Government and Housing Act 1989" insert "and Part II of the Housing Act 1996".

    6. NEW FORM 10A

After Form 10 insert the following new form - 

" FORM 10A
HOUSING ACT 1985, SECTION 352A AND SCHEDULE 10
Demand for recovery of expenses of notice under section 352 requiring execution of works incurred by a local housing authority

To      of

    1. You are the person [having control of][managing] the premises [known as][comprising]      ("the premises").

    2. The      Council ("the Council") on     , in exercise of their powers under section 352 of the Housing Act 1985, served a notice requiring work to be carried out to the premises.

    3. The Council demand payment by you of the sume of £      being the expenses incurred by them [in determining whether to serve the notice][and] [identifying the works to be specified in the notice] [and] [serving the notice], together with interest at the rate of      per cent. per      from the date of the service of this demand until payment of all the sums due.

[Date and signature]

NOTES
Statutory references are to the Housing Act 1985, as amended by Schedule 15 to the Housing Act 1988 and Schedule 9 to the Local Government and Housing Act 1989 and Part II of the Housing Act 1996. In particular section 72 of the 1996 Act inserted a new section 352A into the 1985 Act which provides that 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. It is provided in section 352A(3) that the amount of such charge shall not exceed such amount as is specified by order made by the Secretary of State. An order, the Housing (Recovery of Expenses for Section 352 Notices) Order 1997 (SI 1997/228) was duly made on 4th February 1997 which came into force on 3rd March 1997 and provided that the charge made should not exceed £300.

Right of appeal
If you do not think you should pay the sum demanded you may appeal against this demand to the county court. You must do this within 21 days of the date this demand is served on you.


(Schedule 10, paragraph 6(1))

You may, for example, appeal on the ground that you were not the person on whom the notice was served, or that a successful appeal was made against the section 352 notice (assuming that this was the case). If you do appeal you will not be able to raise any questions which might have been raised against the notice referred to in paragraph 2 of this demand, for example a question whether the works described in the notice were necessary.



(Schedule 10, paragraph 6(4))

If you appeal against the notice to carry out works under section 352, and the court allows an appeal under section 353, against the section 352 notice, or makes an order under section 353(5), it may make such order as it thinks fit, reducing quashing or requiring the repayment of any charge under setion 352A made in respect of the notice to which the appeal relates.



(Section 353(6) inserted by section 72 of the 1996 Act)

You may make a separate appeal against this demand notice as well as an appeal against the section 352 notice, and this may be advisable even if you have appealed against the section 352 notice in case the court cannot or does not make an order under section 353(6) as mentioned above. See later under "Advice".

Operation of the demand
If there is not an appeal the demand will become operative at the end of 21 days from the date on which it was served.



(Schedule 10, paragraph 3(3))

If an appeal is brought and the demand is confirmed, the demand becomes operative when the appeal is finally decided.



(Schedule 10, paragraph 6(3))

Once the demand has become operative, the Council may serve notice on any tenant or licensee of the premises who pays rent, or payments in the nature of rent, requiring future payments to be made direct to the Council until they have fully recovered the sum demanded, together with any interest due.



(Schedule 10, paragraph 6A)

County Court
If you decide to appeal you will need to apply to your local county court (you can find the address and telephone number under "Courts"). The court staff will show you how to word your request. You must put with your request a copy of this demand. You will also need an extra copy of your request for the court to send to the Council.

Expenses and interest
The expenses demanded by the Council must have been reasonably incurred and the rate of interest charged must be a reasonable one.



(Schedule 10, paragraphs 1 and 4)

Agents or trustees
If, in relation to the premises described in paragraph 1 of the demand, you act as agent or trustee for some other person, you should tell the Council this at once as it may reduce the amount that you are liable to pay under this demand.



(Schedule 10, paragraph 2)

Expenses and interest a charge on the premises
The expenses which are the subject of this demand, together with interest as it becomes due are, until recovered by the Council, a charge on the premises referred to in paragraph 1 of the demand.



(Schedule 10, paragraph 7)

Advice
If you do not understand this notice or wish to know more about it, you should contact the Council. If you want independent advice about your rights and obligations, you should go to a Citizens' Advice Bureau, Housing Aid Centre, Law Centre or a solicitor. You may be able to obtain help with all or part of the cost of legal advice from a solicitor under the Legal Aid Scheme. If you do not know whether you could apply for Legal Aid you can see a solicitor who may be prepared to give you half-an-hour of legal advice for a small fee.".

    7. FORM 27: Notice of intention to limit by direction the number of occupants of a [house] [part of a house] in multiple occupation

(a) In the notes, in the first paragraph in brackets, after "Local Government and Housing Act 1989" insert "and Part II of the Housing Act 1996".

(b) In the notes, under "Effect of direction (if given)":


(i) for "level 4" substitute "level 5";

(ii) insert at the end after "on the standard scale" - 

" The direction will be a local land charge on the premises to which it relates. This means that it will be recorded in the register of local land charges kept by the Council. This register is public and anyone may search for entries in it upon payment of a fee. Purchasers will normally search this register.";

(iii) after "section 355" in brackets at the end add "and section 354 inserted by section 74 of the 1996 Act.".

    8. FORM 28: Direction to limit number of occupants of a [house] [part of a house] in multiple occupation

(a) In the notes, in the first paragraph in brackets, after "Local Government and Housing Act 1989" insert "and Part II of the Housing Act 1996".

(b) In the notes, under "Penalty", for "level 4" insert "level 5".

(c) After the paragraph in the notes headed "Revocation or variation of direction" insert a new paragraph - 

" Land charge
The direction will be a local land charge on the premises to which it relates. This means that it will be recorded in the register of local land charges kept by the Council. This register is public and anyone may search for entries upon payment of a fee. Purchasers will normally search this register.


(section 354(8) inserted by section 74 of the 1996 Act)".

    9. FORM 29: Notice requiring information after a direction to limit number of occupants of house in multiple occupation

(a) In the note, for "level 2" substitute "level 3".

(b) After "Housing Act 1985, section 356(2)" in brackets at the end of the note, insert "as amended by Part II of the Housing Act 1996".

    10. FORM 34: Notice requiring information after service of an overcrowding notice in respect of a house in multiple occupation

For the existing note and statutory reference substitute the following - 

" NOTE
If you fail to give the Council the information required by this notice you commit an offence punishable in a magistrates' court by a fine not exceeding level 3 on the standard scale. If you give a statement which you know to be false in a material particular you commit an offence punishable by a fine not exceeding level 5 on the standard scale.


(Housing Act 1985, section 364(2) as amended by Part II of the Housing Act 1996)."

    11. FORM 35: Closing Order for part of a house in multiple occupation

(a) In paragraph 1 of the form, for the words from "by virtue of" to the end of the paragraph substitute - 

" by virtue of which the power arises is a failure to meet the requirements in section 352(1A)(d) or (e) of the Act, namely, that there are adequate means of escape from fire or adequate other fire precautions in respect of the house.".

(b) In the notes, in the first paragraph in brackets, after "Local Government and Housing Act 1989" insert "and Part II of the Housing Act 1996".

    12. FORM 37: House in multiple occupation, notice accompanying control order

(a) In paragraph 2, after "Local Government and Housing Act 1989" insert "and Part II of the Housing Act 1996".

(b) In paragraph 9, for "28 days" substitute "8 weeks".

(c) In paragraph 17, for "level 3" substitute "level 4".

(d) In paragraph 18, for "level 3" substitute "level 5", and omit all words after "standard scale".

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the amendment of prescribed forms relating to houses in multiple occupation following the coming into force of the provisions of Part II of the Housing Act 1996 relating to such houses.

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Notes:

[1] 1985 c.68.back

[2] SI 1990/1730.back

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ISBN 0 11 064322 4

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