PART XI

HOUSES IN MULTIPLE OCCUPATION

Supplementary provisions as to works notices

Carrying out of works by local housing authority.
375
1
If a notice under section 352, . . . or 372 (notices requiring the execution of works) is not complied with, the local housing authority may themselves do the work required to be done by the notice.
2
Compliance with a notice means beginning and completing the works specified in the notice—
a
if no appeal is brought against the notice, not later than such date and within such period as is specified in the notice;
b
if an appeal is brought against the notice and is not withdrawn, not later than such date and within such period as may be fixed by the court determining the appeal; and
c
if an appeal brought against the notice is withdrawn, not later than the twenty-first day after the date of withdrawal of the appeal and within such period (beginning on that twenty-first day) as is specified in the notice.
3
If, before the expiry of the period which under subsection (2) is appropriate for completion of the works specified in the notice, it appears to the local housing authority that reasonable progress is not being made towards compliance with the notice, the authority may themselves do the work required to be done by the notice.
3A
Not less than seven days before a local housing authority enter any house for the purpose of doing any works by virtue of subsection (1) or subsection (3), they shall serve notice of their intention to do so on the person on whom the notice referred to in subsection (1) was served and, if they think fit, also on any other owner of the house.
3B
If, after a local housing authority have served notice under subsection (3A), the works are in fact carried out (otherwise than by the authority), any administrative and other expenses incurred by the authority with a view to doing the work themselves in accordance with subsection (1) or subsection (3) shall be treated for the purposes of subsection (4) (and Schedule 10) as expenses incurred by them under this section in carrying out the works in a case where the notice referred to in subsection (1) has not been complied with.
4
The provisions of Schedule 10 apply with respect to the recovery by the local housing authority of expenses incurred by them under this section.
Ss. 345-400 (Pt. XI) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.) (certain of the repeal(s) being subject to temp. savings in S.I. 2007/1904, (for E.) regs. 1(2) {13} (1.10.2007) and S.I. 2007/3231, (for W.) regs. 1(2), {13} (5.12.2007))
Figures repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(4), Sch. 12 Pt. II
S. 375(2)(3)(3A)(3B) substituted for s. 375(2)(3) by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 61