Housing Act 1985

Improvement notices

209 General conditions for service of improvement notice.

The general conditions for service of an improvement notice in respect of a dwelling are that the dwelling—

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

(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 or a building already in existence) before 3rd October 1961.

210 Service of provisional notice: dwellings in general improvement area or housing action area.

(1) The local housing authority may serve a provisional notice on the person having control of a dwelling in—

(a) general improvement area, or

(b) housing action area,

if it appears to the authority that the general conditions for service of an improvement notice are met, but subject to subsection (2) if the dwelling is owner-occupied.

(2) The authority may only serve a provisional notice in respect of a dwelling which is owner-occupied if 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 owner-occupied dwelling, and

(b) which is not owner-occupied or in respect of which an application for an improvement grant, intermediate grant, special grant or repairs grant has been approved,

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

211 Acceptance of undertaking to do works.

(1) In any case where an improvement notice has not yet been served in respect of a dwelling falling within section 210 (certain dwellings in general improvement areas or housing action areas), the local housing authority may accept an undertaking from—

(a) the person having control of the dwelling, or

(b) any other person having an estate or interest in the dwelling.

to improve the dwelling to the full standard or, if in the opinion of the 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 be in writing and shall specify the works agreed to be carried out and the period, being a period ending not more than nine months after the date on which the undertaking is accepted, within which the works are to be carried out.

(3) Before accepting an undertaking, the authority shall satisfy themselves that, if there is an occupying tenant—

(a) the housing arrangements are satisfactory or none are required, and

(b) 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 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 the authority accept an undertaking, 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 unless—

(a) the works specified in the undertaking are not carried out within the period so specified or such longer period as the authority may in writing allow, or

(b) the 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) An authority who have accepted an undertaking may discharge it by serving notice of the discharge on the person by whom the undertaking was given, and they shall do so if at any time they consider that the general conditions for service of an improvement notice in respect of the dwelling are no longer met.

(6) Where an authority serve a notice under subsection (4) or (5) 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 the occupying tenant of the dwelling at that time and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.

212 Service of provisional notice: other dwellings.

(1) An occupying tenant of a dwelling which—

(a) is not in a general improvement area or a housing action area, and

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

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

may make representations in writing to the local housing authority with a view to the exercise by the authority of their powers under this section.

(2) The authority shall notify the person having control of the dwelling of any such representations made to them.

(3) If on taking the representations into consideration the authority are satisfied that—

(a) the person making the representations is an occupying tenant of the dwelling in question,

(b) the general conditions for service of an improvement notice are met, and

(c) the dwelling ought to be improved to the full standard or, as the case may be, to the reduced standard and is unlikely to be so improved unless they exercise their powers under this section,

they shall either serve a provisional notice on the person having control of the dwelling or notify the occupying tenant of their decision not to do so and give him a written statement of their reasons for that decision.

(4) The authority may serve a provisional notice under this section and take any further steps authorised under the following provisions of this Part notwithstanding that—

(a) the occupying tenant quits the dwelling, or

(b) the authority pass a resolution declaring an area in which the dwelling is situated to be a general improvement area or housing action area.

213 Provisional notice: contents and matters arising.

(1) A provisional notice is a notice—

(a) specifying the works which in the opinion of the local housing 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) stating a date, not less than 21 days after the service of the 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 any occupying tenant and any other matters may be discussed.

(2) The authority shall, not less than 21 days before the date so stated, in addition to serving the notice on the person having control of the dwelling, serve a copy of the notice on—

(a) any occupying tenant of the dwelling, and

(b) every other person who to the knowledge of the authority is an owner, lessee or mortgagee of the dwelling.

(3) The person having control of the dwelling, any occupying tenant and every other person who is an owner, lessee or mortgagee of the dwelling are entitled to be heard when the authority’s proposals are discussed in accordance with the notice.

(4) After the service of a provisional notice and before taking any other action under the following provisions of this Part, the 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.

214 Service of improvement notice: dwellings in general improvement area or housing action area.

(1) If a local housing authority have served a provisional notice in respect of a dwelling under section 210(1) (dwellings in general improvement area or housing action area) and—

(a) no undertaking has yet been accepted in respect of the dwelling under section 211, or

(b) such an undertaking has been accepted but the case falls within subsection (4)(a) or (b) of that section (undertaking not carried out within allotted period or unlikely to be fulfilled),

the 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 under this section the authority shall satisfy themselves—

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

(b) that the general conditions for service of an improvement notice in respect of the dwelling are still met,

(c) that the dwelling is not for the time being owner-occupied or that the circumstances specified in section 210(2) apply or still apply in relation to it (circumstances in which provisional order may be served in respect of owner-occupied dwelling), and

(d) that, if there is an occupying tenant, the housing arrangements are satisfactory or none are required or the tenant has unreasonably refused to enter into any such arrangements.

(3) An improvement notice may not be served—

(a) by virtue of subsection (1)(a) (no undertaking accepted) more than nine months after the service of the provisional notice, or

(b) by virtue of subsection (1)(b) (undertaking not fulfilled) more than six months after the expiry of the period specified in the undertaking, or such longer period as has been duly allowed by the authority, for the completion of the works.

(4) Where an authority serve an improvement notice under this section on the person having control of a dwelling, they shall at the time serve a copy of the notice on any occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling,

(5) An improvement notice served under this section is a local land charge.

215 Service of improvement notice: other dwellings.

(1) Where the local housing authority have served a provisional notice in respect of a dwelling under section 212(1) (dwelling not in general improvement area or housing action area), they may, at any time before the expiry of the period of twelve months beginning with the date on which the representations of the occupying tenant were received by them under that section, serve an improvement notice on the person having control of the dwelling.

(2) Before serving an improvement notice under this section the authority shall satisfy themselves that—

(a) the general conditions for service of an improvement notice in respect of the dwelling are still met,

(b) the dwelling ought to be improved to the full standard or, as the case may be, to the reduced standard and is unlikely to be so improved unless the authority exercise their compulsory improvement powers, and

(c) the housing arrangements are satisfactory or none are required or the occupying tenant has unreasonably refused to enter into any housing arrangements.

(3) Where an authority serve an improvement notice under this section on the person having control of a dwelling, they shall at the same time serve a copy of the notice on any occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.

(4) An improvement notice served under this section is a local land charge.

216 Improvement notice: contents.

(1) An improvement notice shall—

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

(b) state the authority’s estimate of the cost of carrying out the works, and

(c) require the person having control of the dwelling to carry out the works to the authority’s satisfaction within the period of twelve months beginning with the date on which the notice becomes operative or such longer period as the authority may by permission in writing from time to time allow.

(2) The works specified in the improvement notice may be different from the works specified in the provisional notice but shall not require the improvement of a dwelling to the full standard if the provisional notice specified works for improving the dwelling only to the reduced standard.

(3) In an improvement notice which requires the improvement of a dwelling only to the reduced standard the authority may, if they think fit, substitute for the period of twelve months specified in subsection (1)(c) such shorter period as appears to them to be appropriate.

217 Appeals against improvement notices.

(1) Within six weeks from the service of an improvement notice on the person having control of the dwelling—

(a) that person,

(b) any occupying tenant of the dwelling, or

(c) any other person having an estate or interest in the dwelling,

may appeal against the notice to the county court.

(2) The grounds on which an appeal may be brought by any of those persons are—

(a) that it is not practicable to comply with the requirements of the notice at reasonable expense;

(b) that the local housing authority have refused unreasonably to approve the execution of alternative works, or that the works specified in the notice are otherwise unreasonable in character or extent;

(c) that the dwelling is in a clearance area and it would be unreasonable for the authority to require the works specified in the notice to be carried out;

(d) that the dwelling is not, or is no longer, without one or more of the standard amenities;

(e) that, in a case where the notice requires the improvement of the dwelling to the full standard, the works specified in the notice are inadequate to secure that the dwelling will attain that standard;

(f) that some person other than the appellant will, as the holder of an estate or interest in the dwelling (whether or not that estate or interest entitles him to occupation), derive a benefit from the execution of the works and ought to pay the whole or part of the cost of executing the works;

(g) that the notice is invalid on the ground that a requirement of this Part has not been complied with or on the ground of some informality, defect or error in or in connection with the notice.

(3) An appeal may also be brought—

(a) by an owner-occupier on the ground that the local housing authority are in error in considering that the circumstances specified in section 210(2) (circumstances in which notice may be served in respect of owner-occupied dwelling) exist in relation to the dwelling;

(b) by an occupying tenant on the ground that the condition in section 214(2)(d) or 215(2)(c) (housing arrangements) is not fulfilled.

(4) An improvement notice shall not be varied on appeal—

(a) so as to extend the period within which the works specified in the notice are to be carried out, or

(b) so as to require the carrying out of works to improve a dwelling to the full standard if the works specified in the notice were works to improve the dwelling to the reduced standard, or

(c) so as to require the carrying out of works to improve a dwelling to the reduced standard if the works specified in the notice were works to improve the dwelling to the full standard;

but, subject to that, on an appeal the court may make such order either confirming, quashing or varying the improvement notice as the court thinks fit.

(5) Where an appeal is brought on the ground specified in subsection (2)(f) (other person benefiting from execution of works), the court may make such order as it thinks fit with respect to the payment to be made by the other person referred to in that paragraph to the appellant or, where by virtue of section 220 the works are carried out by the local housing authority, to the authority.

(6) In so far as an appeal is based on the ground that the improvement notice is invalid, the court shall confirm the notice unless satisfied that the interests of the appellant have been substantially prejudiced by the facts relied on by him.

218 Operative date and effect of improvement notice.

(1) If no appeal is brought an improvement notice becomes operative at the expiration of the period within which an appeal might have been brought.

(2) If an appeal is brought, an improvement notice becomes operative, if and so far as it is confirmed by the county court on appeal or on appeal from the county court, on the final determination of the appeal.

(3) For the purposes of subsection (2) the withdrawal of an appeal shall be deemed to be the final determination thereof, having the like effect as a decision confirming the notice or the decision appealed against .

(4) An improvement notice is, subject to the right of appeal conferred by section 217, final and conclusive as to matters which could have been raised on such an appeal.

219 Withdrawal of improvement notice.

(1) The local housing authority may, if they think fit, at any time withdraw an improvement notice by serving notice of the withdrawal on the person having control of the dwelling.

(2) The authority shall serve a copy of any such notice on the occupier of the dwelling (if different from the person having control of it) and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling.