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Part XIIE+W General

Modifications etc. (not altering text)

C1Pt. XII (ss. 271-347) modified (7.8.1991) by S.I. 1991/1773, art. 8, Sch.2.

C2Pt. XII (ss. 271-347) applied (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 115(8), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).

Pt. XII (ss. 271-347) applied (with modifications)(E.W.)(27.8.1993) by 1993 c. 11, ss. 24(1)-(3), (with s. 66(1), Sch. 3 para. 2)

C3Pt. XII extended and amended (Greater London) by London Government Act 1963 (c. 33), Sch. 11 Pt. I para. 24; amended by Health and Safety at Work etc. Act 1974 (c 37), s. 76(1)

C4Functions of the Minister of Housing and Local Government under Pt. XII in relation to or in consequence of ss. 25, 37, 38, 43, 53-55, 59(1), 60 (so far as it relates to proposed buildings), 61-67, 69-71, 137 now exercisable by Secretary of State: S.I. 1964/263, art. 2(2), Sch. Pt. II and 1970/1681, art. 2(1)

C5Functions of the Minister of Housing and Local Government under Pt. XII in relation to s. 59(2)–(4) or s. 60 (so far as it relates to buildings other than proposed buildings) now exercisable by Secretary of State: S.I. 1964/263, art. 3

C6References to local authorities and their districts in Pt.XII so far as it relates to ss. 15-24, 27-31, 33-36, 42 to be construed respectively as references to water authorities and their areas: Water Act 1973 (c. 37), s. 14(2)

C7Pt. XII (ss. 271–347) extended by Highways Act 1980 (c. 66, SIF 59), s. 166(4)

C9Power to apply conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 68(1)(c)

C11Pt. XII (ss. 271-347) modified (1.10.1992) by S.I. 1991/2913, art. 8, Sch.2.

Provisions as to recovery of expenses, &c.E+W

291 Certain expenses recoverable from owners to be a charge on the premises: power to order payment by instalments. E+W

(1)Where a local authority have incurred expenses for the repayment of which the owner of the premises in respect of which the expenses were incurred is liable, either under this Act or under any enactment repealed thereby, or by agreement with the authority, those expenses, together with interest from the date of service of a demand for the expenses, may be recovered by the authority from the person who is the owner of the premises at the date when the works are completed, or, if he has ceased to be the owner of the premises before the date when a demand for the expenses is served, either from him or from the person who is the owner at the date when the demand is served, and, as from the date of the completion of the works, the expenses and interest accrued due thereon shall, until recovered, be a charge on the premises and on all estates and interests therein.

(2)A local authority may by order declare any expenses recoverable by them under this section to be payable with interest by instalments within a period not exceeding thirty years, until the whole amount is paid; and any such instalments and interest, or any part thereof, may be recovered from the owner or occupier for the time being of the premises in respect of which the expenses were incurred, and, if recovered from the occupier, may be deducted by him from the rent of the premises:

Provided that an occupier shall not be required to pay at any one time any sum in excess of the amount which was due from him on account of rent at, or has become due from him on account of rent since, the date on which he received a demand from the local authority together with a notice requiring him not to pay rent to his landlord without deducting the sum so demanded.

An order may be made under this subsection at any time with respect to any unpaid balance of expenses and accrued interest so, however, that the period for repayment shall not in any case extend beyond thirty years from the service of the first demand for the expenses.

(3)The rate of interest chargeable under subsection (1) or subsection (2) of this section shall be such [F1reasonable] rate as the authority may determine:

. . . F2

(4)A local authority shall, for the purpose of enforcing a charge under this section, have all the same powers and remedies under the M1Law of Property Act 1925, and otherwise as if they were mortgages by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

Textual Amendments

Modifications etc. (not altering text)

C13S. 291 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)

S. 291 applied (27.8.1993) by 1993 c. 11, ss. 62(1), 68(2)

S. 291 applied (with modifications) (20.9.2000) by 2000 c. vii, ss. 1(1), 19(10)-(12)

C15S. 291 applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 9, Sch. 1

C16S. 291 modified by 1995 c. x, s. 12(6C) (as inserted (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 12(4))

C17S. 291 applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), s. 1(3), Sch. 1

C18S. 291(3) proviso amended by Local Government Act 1972 (c. 70), s. 171

Marginal Citations

292. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W

Textual Amendments

293 Recovery of expenses, &c. E+W

(1)Any sum which a council are entitled to recover under this Act, and with respect to the recovery of which provision is not made by any other section of this Act, may be recovered . . . F4 as a simple contract debt in any court of competent jurisdiction.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

Modifications etc. (not altering text)

C22S. 293 modified by 1995 c. x, s. 12(6C) (as inserted (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 12(4))

294 Limitation of liability of certain owners. E+W

Where a council claim to recover any expenses under this Act from a person as being the owner of the premises in respect of which the expenses were incurred and that person proves that he—

(a)is receiving the rent of those premises merely as agent or trustee for some other person; and

(b)has not, and since the date of the service on him of a demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability shall be limited to the total amount of the money which he has or has had in his hands as aforesaid, but a council who are, or would be, debarred by the foregoing provisions from recovering the whole of any such expenses from an agent or trustee may recover the whole or any unpaid balance thereof from the person on whose behalf the agent or trustee receives the rent.

Modifications etc. (not altering text)

C23S. 294 applied with modifications by S.I. 1987/349, reg. 11 and S.I. 1990/1519, reg. 11

C27S. 294 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 14(1).

S. 294 applied (with modificatiions)(27.8.1993) by 1993 c. 12, ss. 30(3), 51(2)

295. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

Textual Amendments