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Local Government and Housing Act 1989

Status:

This is the original version (as it was originally enacted).

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

(a)at the beginning of each of subsections (1) and (1A) there shall be inserted the words “Subject to subsection (1B)”;

(b)in subsection (1), after the words “dwelling-house”, in each place where they occur, there shall be inserted “or house in multiple occupation” and at the end of paragraph (b) of that subsection there shall be added “or, in the case of a house in multiple occupation, the persons occupying it (whether as tenants or licensees)”; and

(c)in subsection (1A) after the words “a flat” there shall be inserted “including a flat in multiple occupation” and at the end of paragraph (b) of that subsection there shall be added “or, in the case of a flat in multiple occupation, the persons occupying it (whether as tenants or licensees)”.

(2)After subsections (1A) there shall be inserted the following subsections—

(1B)The authority may not serve a notice under subsection (1) or subsection (1A) unless—

(a)there is an occupying tenant of the dwelling-house or flat concerned; or

(b)the dwelling-house or building concerned falls within a renewal area within the meaning of Part VII of the Local Government and Housing Act 1989.

(1C)In the case of a house in multiple occupation, a notice under subsection (1) or subsection (1A) may be served on the person managing the house instead of on the person having control of it; and where a notice is so served, then, subject to section 191, the person managing the house shall be regarded as the person having control of it for the purposes of the provisions of this Part following that section.

(3)In subsection (2)(a) of that section for the words “seventh day after the notice becomes operative” there shall be substituted “twenty-eighth day after the notice is served”.

(4)In subsection (3) of that section—

(a)after the words “serving the notice” there shall be inserted “(a)”;

(b)after the words “building concerned” there shall be inserted or

(b)on the person having control of or, as the case may be, on the person managing the house in multiple occupation which is concerned; and

(c)in the words following paragraph (b), as set out above, for the words “or part of the building” there shall be substituted “part of the building or house”.

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