Housing Act 1988

5[F1(1)In section 193 (power of local housing authority to execute works) for subsection (2) there shall be substituted the following subsections—

(2)For the purpose of this Part compliance with the 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(b)if an appeal is brought against the notice and is not withdrawn, not later than such date and within such period as may be fixed by the court determining the appeal; and

(c)if an appeal brought against the notice is withdrawn, not later than the twenty-first day after the date on which the notice becomes operative and within such period (beginning on that twenty-first day) as is specified in the notice.

(2A)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.

(2)At the end of that section there shall be added the following subsection—

(4)If, after the local housing authority have given notice under section 194 of their intention to enter and do any works, the works are in fact carried out by the person having control of the dwelling-house or part of the building in question, any administrative and other expenses incurred by the authority with a view to doing the works themselves shall be treated for the purposes of Schedule 10 as expenses incurred by them under this section in carrying out works in default of the person on whom the repair notice was served.]

Textual Amendments

F1Sch, 15 para. 5 repealed (6.4.2006 for E. and otherwise prosp.) by Housing Act 2004 (c. 34), ss. 266, 270, Sch. 16; S.I. 2006/1060, art. 2(1)(e)(ix) (with Sch.)