Section 126 — Housing Act 2004: Effect of management orders: furniture

Effect of management orders: furniture 126 1 Subsection (2) applies where, on the date on which an interim or final management order comes into force, there is furniture in the house which a person occupying the house has the right to use in consideration of periodical payments to a person who is an immediate landlord of the house or a part of it (whether the payments are included in the rent payable by the occupier or not).

2 The right to possession of the furniture against all persons other than the occupier vests in the local housing authority on that date and remains vested in the authority while the order is in force.

3 The local housing authority may renounce the right to possession of the furniture conferred by subsection (2) if—

a an application in writing has been made to them for the purpose by the person owning the furniture, and b they renounce the right by notice in writing served on that person not less than two weeks before the notice takes effect.

4 If the authority’s right to possession of furniture conferred by subsection (2) is a right exercisable against more than one person interested in the furniture, any of those persons may apply to the appropriate tribunal for an adjustment of their respective rights and liabilities as regards the furniture.

5 On such an application the tribunal may make an order for such an adjustment of rights and liabilities, either unconditionally or subject to such terms and conditions, as it considers appropriate.

6 The terms and conditions may, in particular, include terms and conditions about the payment of money by a party to the proceedings to another party to the proceedings by way of compensation, damages or otherwise.

7 In this section “ furniture ” includes fittings and other articles.