Housing Act 1969

60 Means of escape from fire

(1) If it appears to a local authority—

(a) that a house which is occupied by persons who do not form a single household is not provided with such means of escape from fire as the local authority consider necessary; and

(b) that it would not be practicable to provide it with such means at reasonable expense ;

but that, if part of the house were not used for human habitation.—

(i) the means of escape from fire with which the house is provided would be adequate ; or

(ii) adequate means of escape from fire could be provided at reasonable expense;

the local authority may secure that that part is not used for human habitation and, in the case mentioned in paragraph (ii) of this subsection, serve a notice under section 16 of the [1961 c. 65.] Housing Act 1961 requiring the execution of such works as are in the opinion of the local authority required to provide such means of escape from fire as will be necessary if that part of the house is not used for human habitation.

(2) For the purpose of securing that a part of the house is not used for human habitation the local 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 local authority.

(3) Any person who, knowing that an undertaking has been accepted under subsection (2) of this section, uses the part of the house to which the undertaking relates in contravention of the undertaking, or permits that part of the house to be so used, shall be guilty of an offence and liable on summary conviction to a fine not exceeding £20 and to a further fine of £5 for every day, or part of a day, on which he so uses it or permits it to be so used after conviction.

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

(5) A local authority who are not, under the [1947 c. 41.] Fire Services Act 1947, the fire authority for the area in which the house is situated, or who have, under section 12 of that Act, delegated all their functions in respect of that area to another fire authority, shall, before making a closing order under this section or accepting an undertaking under subsection (2) thereof, consult with the fire authority concerned.

(6) Part II of the Act of 1957 shall apply to a closing order made under this section as it applies to a closing order under section 18(1) of that Act, but the ground on which, under section 27(2) of that Act, the local authority are required to determine the order shall be that they are satisfied that the means of escape from fire with which the house is provided would be adequate (owing to a change of circumstances) even if the part of the house with respect to which the order was made were used for human habitation.

(7) Nothing in the [1968 c. 23.] Rent Act 1968 shall prevent possession being obtained of any part of a house which, in accordance with such an undertaking as is mentioned in subsection (2) of this section, cannot for the time being be used for human habitation.