Section 19 — Housing Act 2004: Change in person liable to comply with improvement notice

Change in person liable to comply with improvement notice 19 1 This section applies where—

a an improvement notice has been served on any person (“the original recipient”) in respect of any premises, and b at a later date (“the changeover date”) that person ceases to be a person of the relevant category in respect of the premises.

2 In subsection (1) the reference to a person ceasing to be a “ person of the relevant category ” is a reference to his ceasing to fall within the description of person (such as, for example, the holder of a licence under Part 2 or 3 or the person managing a dwelling) by reference to which the improvement notice was served on him.

3 As from the changeover date, the liable person in respect of the premises is to be in the same position as if—

a the improvement notice had originally been served on him, and b he had taken all steps relevant for the purposes of this Part which the original recipient had taken.

4 The effect of subsection (3) is that, in particular, any period for compliance with the notice or for bringing any appeal is unaffected.

5 But where the original recipient has become subject to any liability arising by virtue of this Part before the changeover date, subsection (3) does not have the effect of—

a relieving him of the liability, or b making the new liable person subject to it.

6 Subsection (3) applies with any necessary modifications where a person to whom it applies (by virtue of any provision of this section) ceases to be the liable person in respect of the premises.

7 Unless subsection (8) or (9) applies, the person who is at any time the “liable person” in respect of any premises is the person having control of the premises.

8 If—

a the original recipient was served as the person managing the premises, and b there is a new person managing the premises as from the changeover date, that new person is the “liable person”.

9 If the original recipient was served as an owner of the premises, the “ liable person ” is the owner’s successor in title on the changeover date.