SCHEDULES

SCHEDULE 15 Repair Notices: Amendments of M1Housing Act 1985, Part VI

Annotations:
Marginal Citations

13

1

In Schedule 10 (recovery of expenses incurred by local housing authority), in paragraph 2, in sub-paragraph (1) for the words following “authority” there shall be substituted—

a

where the works were required by a notice under section 189 or section 190 (repair notices), from the person having control of the dwelling-house or part of the building to which the notice relates; and

b

in any other case, from the person on whom the notice was served;

and in the following provisions of this paragraph the person from whom expenses are recoverable by virtue of this sub-paragraph is referred to as “the person primarily liable”.

2

In sub-paragraphs (2) and (3) of paragraph 2 of that Schedule for the words “on whom the notice was served”, in each place where they occur, there shall be substituted “ primarily liable ”.

3

In paragraph 6 of that Schedule (appeals) after sub-paragraph (1) there shall be inserted the following sub-paragraph—

1A

Where the demand for recovery of expenses relates to works carried out by virtue of section 193(2A), it shall be a ground of appeal that, at the time the local housing authority gave notice under section 194 of their intention to enter and do the works, reasonable progress was being made towards compliance with the repair notice.