Housing Act 1985

Revocation of control order by county court on appeal against refusal to revoke E+W

21 (1) The provisions of this paragraph apply where a control order is revoked by the county court on an appeal under section 393 (appeal against refusal of local housing authority to revoke order).

(2) If the local housing authority represent to the court that revocation of the control order would unreasonably delay completion of works of which particulars were given in the management scheme, and which the authority have begun to carry out the court shall take the representations into account and may, if it thinks fit, revoke the control order as from the time when the works are completed.

(3) The court may make an order under which the revocation does not take effect until the time for appealing against the decision of the county court has expired and any appeal brought within that time has been finally determined.

(4) The court may approve the taking of any of the following steps, to take effect on the revocation of the control order, that is—

(a) the serving of a notice under section 352, . . . F1 or 372 (notices requiring the execution of works), [F2 or]

(b) the giving of a direction under section 354 (direction limiting number of occupants of house), . . . F3

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

and no appeal lies against a notice . . . F5 so approved.

(5) Where the house will on the revocation of the control order be charged with any sum in favour of the local housing authority by virtue of any provision of this Schedule, the court may make it a condition of the revocation of the order that the appellant first pays off to the authority that sum or such part of that sum as the court may specify.

(6) The court may authorise the local housing authority to create under section 381(1)(c) (power to create interests akin to leases) interests which expire, or which the dispossessed proprietor can terminate, within six months from the time when the control order ceases to have effect, being interests which, notwithstanding section 381(2), are for a fixed term exceeding one month or are terminable by notice to quit (or an equivalent notice of more than four weeks.

Textual Amendments

F1 Figure repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(c), 194(4), Sch. 9 Pt. III para. 71(a), Sch. 12 Pt. II

F2 Word inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 71(b)

F3 Word repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(c), 194(4), Sch. 9 Pt. III para. 71(b), Sch. 12 Pt. II

F4 Sch. 13 Pt. III para. 21(4)(c) repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(c), 194(4), Sch. 9 Pt. III para. 71(c), Sch. 12 Pt. II

F5 Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), ss. 165(1)(c), 194(4), Sch. 9 Pt. III para. 71(d), Sch. 12 Pt. II