Housing Act 1985

General consequences of cessation of control order E+W

15 (1) On and after the date on which a control order ceases to have effect—

(a) a lease, licence or agreement in which the local housing authority were substituted for another party by virtue of section 382 (effect of order on persons occupying house) has effect with the substitution of the original party, or his successor in title, for the authority,

(b) an agreement in the nature of a lease or licence created by the local housing authority has effect with the substitution of the dispossessed proprietor for the authority.

(2) If the dispossessed proprietor is a lessee, nothing in a superior lease imposes liability on him, or on a superior lessee, in respect of anything done in pursuance of the terms of an agreement in which the dispossessed proprietor is substituted for the local housing authority by virtue of this paragraph.

(3) This paragraph applies in all circumstances in which a control order ceases to have effect.

16 (1) When a control order ceases to have effect, a final balance shall be struck in the account mentioned in paragraph 4(1) and the expenditure reasonably incurred by the local housing authority in carrying out works of which particulars were given in the management scheme, together with interest at such reasonable rate as the authority may determine is, so far as not set off against the surpluses on revenue account as settled by the scheme, a charge on the premises.

(2) The premises subject to the charge include any part of the premises excluded from the provisions of the order under section 380 (modification of order where proprietor resides in part of the house).

(3) The local housing authority have for the purposes of enforcing the charge all the same powers and remedies, under the M1 Law of Property Act 1925 and otherwise, as if they were mortgagees by deed having powers of sale and lease, of accepting surrender of leases and of appointing a receiver.

(4) The power of appointing a receiver is exercisable at any time after the expiration of one month from the date when the charge takes effect.

(5) References in this paragraph to the provisions of the management scheme include reference to the provisions as varied; and if, when the control order ceases to have effect, proceedings are pending which may result in a variation of the scheme—

(a) those proceedings may be continued until finally determined, and

(b) if the charge under this paragraph is enforced before the final determination of those proceedings, the local housing authority shall account for any money recovered by enforcing the charge which, having regard to the decision in the proceedings as finally determined, they ought not to have recovered.

(6) This paragraph does not apply—

(a) where a control order is revoked by the county court on an appeal against the order, or

(b) where a control order ceases to have effect under Part IV of this Schedule (control order followed by compulsory purchase order),

but applies in every other case where a control order ceases to have effect (including the case where the order is revoked by a court on appeal from the county court).

Marginal Citations

M1 1925 c. 20.