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Housing Act 1974

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This is the original version (as it was originally enacted).

Dwellings in general improvement areas and housing action areas

85Provisional notice of local authority's proposals for improvement of dwelling

(1)If it appears to the local authority by whom a general improvement area or a housing action area has been declared that a dwelling in that area—

(a)is without one or more of the standard amenities, whether or not it is also in a state of disrepair, and

(b)is capable at reasonable expense of improvement to the full standard or, failing that, to the reduced standard, and

(c)was provided (by erection or by the conversion of a building already in existence) before 3rd October 1961,

then, subject to subsection (3) below, the authority may serve a notice under subsection (2) below on the person having control of the dwelling.

(2)A notice under this subsection (in the following provisions of this Part of this Act referred to as a " provisional notice ") shall—

(a)specify the works which in the opinion of the local authority are required for the dwelling to be improved to the full standard or, as the case may be, to the reduced standard; and

(b)state the date, being a date not less than 21 days after service of the provisional notice, and time and place at which the authority's proposals for the carrying out of the works, any alternative proposals, any proposed housing arrangements, the views and interests of the occupying tenant (if any) and any other matters may be discussed.

(3)A local authority may not serve a provisional notice in respect of a dwelling which is owner-occupied unless it appears to them that the circumstances are such that it is not reasonably practicable for another dwelling—

(a)which is in the same building as, or is adjacent to, the dwelling which is owner-occupied, and

(b)which is not owner-occupied or in respect of which an application for a grant under Part VII of this Act has been approved,

to be improved to the full standards or, as the case may be, to the reduced standard without effecting the improvement to one of those standards of the dwelling which is owner-occupied.

(4)A local authority shall, not less than 21 days before the date stated in a provisional notice as mentioned in subsection (2)(b) above, in addition to serving the notice on the person having control of the dwelling, serve a copy of the notice on the occupying tenant (if any) of the dwelling and on every other person who, to the knowledge of the local authority, is an owner, lessee or mortgagee of the dwelling; and the person having control of the dwelling, the occupying tenant (if any) and every other person who is an owner, lessee or mortgagee of the dwelling shall be entitled to be heard when the authority's proposals are discussed in accordance with the notice.

(5)After the service of a provisional notice and before taking any other action under this Part of this Act, a local authority shall take into consideration all representations made on or before the occasion when their proposals with respect to the dwelling are discussed in accordance with the notice and, in particular, any representations with respect to the nature of the works proposed by them for improving the dwelling or with respect to any proposed housing arrangements.

86Housing arrangements

(1)In this Part of this Act "housing arrangements", in relation to a dwelling falling within section 85(1) above, means arrangements falling within subsection (2) below and making provision for the housing of an occupying tenant of the dwelling and his household—

(a)during the period when improvement works are being carried out, or

(b)after the completion of those works, or

(c)during that period and after completion of those works,

and for any matters incidental or ancillary thereto.

(2)The arrangements referred to in subsection (1) above are arrangements contained in a written agreement to which the occupying tenant and either or both of his landlord and the local authority concerned are parties.

87Acceptance of undertakings to do works

(1)In any case where an improvement notice has not yet been served in respect of a dwelling falling within subsection (1) of section 85 above, the local authority referred to in that subsection may, subject to subsection (3) below, accept from the person having control of the dwelling or from any other person having an estate or interest in the dwelling an undertaking in writing to improve the dwelling to the full standard or, if in the opinion of the local authority it is not practicable at reasonable expense for the dwelling to be improved to the full standard, to the reduced standard.

(2)The undertaking shall specify the works agreed to be carried out and the period within which (subject to any variation by the local authority as mentioned in subsection (4)(a) below) the works are to be carried out, being a period ending not more than 9 months after the date on which the undertaking is accepted.

(3)Before accepting an undertaking under this section with respect to any dwelling, the local authority shall satisfy themselves—

(a)that, if there is an occupying tenant, the housing arrangements are satisfactory or no housing arrangements are required and the undertaking incorporates the written consent of the occupying tenant signed by him, to the carrying out of the works specified in the undertaking; and

(b)that the person giving the undertaking has a right to carry out the works specified in the undertaking as against all other persons having an estate or interest in the dwelling.

(4)Where a local authority accept an undertaking under this section with respect to any dwelling, they shall serve a notice to that effect on the person by whom the undertaking was given and shall not thereafter serve an improvement notice with respect to that dwelling—

(a)unless any works specified in the undertaking are not carried out within the period so specified, or within such longer period as the local authority may by permission in writing have allowed ; or

(b)unless the local authority are satisfied that, owing to a change of circumstances since the undertaking was accepted by them, the undertaking is unlikely to be fulfilled.

(5)A local authority who have accepted an undertaking under this section—

(a)shall discharge the undertaking if at any time they consider that the dwelling no longer falls within paragraph (a) or paragraph (b) of subsection (1) of section 85 above, and

(b)may discharge the undertaking in any other case,

and the discharge of an undertaking under this subsection shall be effected by serving a notice of the discharge on the person by whom the undertaking was given.

(6)Where a local authority serve a notice under subsection (4) or subsection (5) above on the person by whom an undertaking was given, they shall at the same time serve a copy of the notice on the person (if any) who is at that time the occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is at that time an owner, lessee or mortgagee of the dwelling.

88Conditions for service of improvement notices

(1)If a local authority have served a provisional notice in respect of a dwelling and—

(a)no undertaking has yet been accepted in respect of the dwelling under section 87 above, or

(b)such an undertaking has been accepted but paragraph (a) or paragraph (b) of subsection (4) of section 87 above applies,

the local authority may, subject to the following provisions of this section, serve an improvement notice on the person having control of the dwelling.

(2)Before serving an improvement notice in respect of any dwelling by virtue of subsection (1) above, a local authority shall satisfy themselves—

(a)that the dwelling continues to be in a general improvement area or a housing action area; and

(b)that the provisions of paragraphs (a) and (b) of subsection (1) of section 85 above still apply in relation to the dwelling; and

(c)that the dwelling is not for the time being owner-occupied or that the circumstances specified in subsection (3) of that section apply or still apply in relation to it; and

(d)if there is an occupying tenant, that the housing arrangements are satisfactory or that no housing arrangements are required or that the occupying tenant has unreasonably refused to enter into any housing arrangements.

(3)An improvement notice may not be served in respect of any dwelling by virtue of subsection (1) above,—

(a)if paragraph (a) of that subsection applies, more than 9 months after the service of the provisional notice referred to in that subsection; and

(b)if paragraph (b) of that subsection applies, more than 6 months after the expiry of the period specified in the undertaking mentioned in that paragraph or, as the case may be, such longer period as the local authority may by permission in writing have allowed for the completion of the works specified in the undertaking.

(4)Where, by virtue of subsection (1) above, a local authority serve an improvement notice on the person having control of a dwelling, they shall at the same time serve a copy of the notice on the occupying tenant (if any) of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.

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