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Housing Act 1988

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Version Superseded: 06/04/2006

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2(1)In section 190 (repair notice in respect of house in state of disrepair, but not unfit), in subsection (1),—

(a)for the word “house”, in each place where it occurs, there shall be substituted “ dwelling-house ”;

(b)in paragraph (b), after the word “satisfied” there shall be inserted “ whether ” and after the word “tenant”, in the first place where it occurs, there shall be inserted “ or otherwise ”.

(2)At the end of subsection (1) of that section there shall be inserted the following subsection—

(1A)Where the local housing authority—

(a)are satisfied that a building containing a flat is in such a state of disrepair that, although the flat is not unfit for human habitation, substantial repairs are necessary to a part of the building outside the flat to bring the flat up to a reasonable standard, having regard to its age, character and locality, or

(b)are satisfied, whether on a representation made by an occupying tenant or otherwise, that a building containing a flat is in such a state of disrepair that, although the flat is not unfit for human habitation, the condition of a part of the building outside the flat is such as to interfere materially with the personal comfort of the occupying tenant,

they may serve a repair notice on the person having control of the part of the building concerned.

(3)In subsection (2) of that section for the words from “within such reasonable time” onwards there shall be substituted to execute the works specified in the notice, not being works of internal decorative repair, and—

(a)to begin those works not later than such reasonable date, being not earlier than the seventh day after the notice becomes operative, as is specified in the notice; and

(b)to complete those works within such reasonable time as is so specified.

(4)In subsection (3) of that section for the words “the house”, in each place where they occur, there shall be substituted “ the dwelling-house or part of the building concerned ”, for the word “may” there shall be substituted “ shall ” and for the words “lessee or otherwise” there shall be substituted “ or lessee ”.

(5) At the end of that section there shall be added the following subsection—

(5)A repair notice under this section which has become operative is a local land charge.

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