Housing Act 1985
Sections and provisions with full text and the judgments that cite each one.
Section 360 — Requirement as to overcrowding generally.
Requirement as to overcrowding generally. 360 1 The first requirement referred to in section 359(2) is that the person on whom the notice is served must refrain from knowingly— a permitting a room to…
Section 361 — Requirement as to new residents.
Requirement as to new residents. 361 1 The second requirement referred to in section 359(2) is that the person on whom the notice is served must refrain from knowingly— a permitting a room to be…
Section 362 — Appeal against overcrowding notice.
Appeal against overcrowding notice. 362 1 A person aggrieved by an overcrowding notice may, within 21 days after the date of service of the notice, appeal to the county court, which may make such…
Section 363 — Revocation and variation of notice.
Revocation and variation of notice. 363 1 The local housing authority may at any time, on the application of a person having an estate or interest in the premises— a revoke an overcrowding notice, or…
Section 364 — Power to require information where notice in force.
Power to require information where notice in force. 364 1 The local housing authority may from time to time serve on the occupier of premises in respect of which an overcrowding notice is in force a…
Section 365 — Means of escape from fire; general provisions as to exercise powers.
Means of escape from fire; general provisions as to exercise powers. 365 1 In any case where— a the local housing authority have the power to serve a notice under subsection (1) of section 352 in…
Section 366 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 368 — Means of escape from fire: power to secure that part of house not used for human habitation.
Means of escape from fire: power to secure that part of house not used for human habitation. 368 1 Subject to section 365 if it appears to the local housing authority that the means of escape from…
Section 369 — The management code.
The management code. 369 1 The Secretary of State may, with a view to providing a code for the management of houses in multiple occupation, by regulations make provision for ensuring that the person…
Section 370 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 372 — Power to require execution of works to remedy neglect of management.
Power to require execution of works to remedy neglect of management. 372 1 If in the opinion of the local housing authority the condition of a house . . . is defective in consequence of— a neglect to…
Section 373 — Appeal against notice under s. 372.
Appeal against notice under s. 372. 373 1 A person on whom a notice is served under section 372 (notice requiring works to remedy neglect of management), or any other person who is an owner, lessee…
Section 374 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Section 375 — Carrying out of works by local housing authority.
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…
Section 376 — Penalty for failure to execute works.
Penalty for failure to execute works. 376 1 A person on whom a notice has been served under section 352, . . . or 372 (notices requiring the execution of works) who wilfully fails to comply with the…
Section 377 — Powers of court to facilitate execution of works, &c.
Powers of court to facilitate execution of works, &c. 377 1 Where— a a person is required by a notice under section 352, . . . or 372 to execute works and b another person having an estate or…
Section 377A — Works notices: improvement of enforcement procedures.
Works notices: improvement of enforcement procedures. 377A 1 The Secretary of State may by order provide that a local housing authority shall act as specified in the order before serving a works…
Section 378 — Provisions for protection of owners.
Provisions for protection of owners. 378 1 If an owner of premises who is not the person in receipt of the rents and profits gives notice to the local housing authority of his interest in the…
Section 379 — Making of control order.
Making of control order. 379 1 The local housing authority may make a control order in respect of a house in multiple occupation if— a a notice has been served in respect of the house under section…
Section 380 — Modification of control order where proprietor resides in part of house.
Modification of control order where proprietor resides in part of house. 380 1 The local housing authority may exclude from the provisions of a control order a part of the house which, when the…
Section 381 — General effect of control order.
General effect of control order. 381 1 While a control order is in force the local housing authority— a have the right to possession of the premises, b have the right to do (and authorise others to…
Section 382 — Effect of control order on persons occupying house.
Effect of control order on persons occupying house. 382 1 This section applies to a person who, at the time when a control order comes into force, is occupying part of the house and does not have an…
Section 383 — Effect of control order in relation to furniture in case of furnished letting.
Effect of control order in relation to furniture in case of furnished letting. 383 1 If on the date on which the control order comes into force there is furniture in the house which a resident in the…
Section 384 — Appeal against control order.
Appeal against control order. 384 1 A person having an estate or interest in a house to which a control order relates or, subject to subsection (3), any other person may appeal to the county court…
Section 385 — General duties of local housing authority when control order is in force.
General duties of local housing authority when control order is in force. 385 1 The local housing authority shall— a exercise the powers conferred on them by a control order so as to maintain proper…
Section 386 — Duty to prepare management scheme.
Duty to prepare management scheme. 386 1 After a control order has been made, the local housing authority shall prepare a management scheme and shall, not later than eight weeks after the date on…
Section 387 — Right of entry for inspection and carrying out of works.
Right of entry for inspection and carrying out of works. 387 1 The local housing authority, and any person authorised in writing by the authority, have, as against a person having an estate or…
Section 388 — Power to supply furniture and fittings.
Power to supply furniture and fittings. 388 The local housing authority may fit out, furnish and supply a house subject to a control order with such furniture, fittings and conveniences as appear to…
Section 389 — Compensation payable to dispossessed proprietor.
Compensation payable to dispossessed proprietor. 389 1 The local housing authority shall pay compensation to the dispossessed proprietor— a in respect of the period during which the control order is…
Section 390 — Facilities to be afforded to dispossessed proprietor and others.
Facilities to be afforded to dispossessed proprietor and others. 390 1 The local housing authority shall— a keep full accounts of their income and expenditure in respect of a house which is subject…
Section 391 — Power of court to modify or determine lease.
Power of court to modify or determine lease. 391 1 Either the lessor or lessee under a lease of premises which consist of or include a house which is subject to a control order, other than a lease to…
Section 392 — Expiry or revocation of control order.
Expiry or revocation of control order. 392 1 A control order ceases to have effect at the expiry of the period of five years beginning with the date on which it came into force. 2 The local housing…
Section 393 — Appeal against refusal to revoke control order.
Appeal against refusal to revoke control order. 393 1 If the local housing authority— a refuse an application under section 392 for the revocation of a control order, or b do not within 42 days from…
Section 394 — Cessation of control order.
Cessation of control order. 394 Further provisions as to matters arising on the cessation of a control order are contained in Parts III and IV of Schedule 13— Part III relates to the cessation of…
Section 395 — Powers of entry.
Powers of entry. 395 1 Where it appears to the local housing authority that survey or examination of any premises is necessary in order to determine whether any powers under this Part should be…
Section 395A — Codes of practice.
Codes of practice. 395A 1 The Secretary of State may by order— a approve any code of practice (whether prepared by him or another person) which, in his opinion, gives suitable guidance to any person…
Section 396 — Penalty for obstruction.
Penalty for obstruction. 396 1 It is a summary offence intentionally to obstruct an officer of the local housing authority, or any person authorised to enter premises in pursuance of this Part, in…
Section 397 — Warrant to authorise entry.
Warrant to authorise entry. 397 1 Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is…
Section 398 — Meaning of “lessee”, “owner”, “person, having control” and similar expressions.
Meaning of “lessee”, “owner”, “person, having control” and similar expressions. 398 1 In this Part the expressions “ lessee ”, “ owner ” “ person having an estate or interest ”, “ person having…
Section 399 — Minor definitions.
Minor definitions. 399 In this Part— “ dispossessed proprietor ”, in relation to a house subject to a control order, means the person by whom the rent or other periodical payments to which the local…
Section 400 — Index of defined expressions: Part XI.
Index of defined expressions: Part XI. 400 The following Table shows provisions defining or otherwise explaining expressions used in this Part (other than provisions defining or explaining an…
Section 401 — Meaning of “common lodging house”.
Meaning of “common lodging house”. 401 In this Part “ common lodging house ” means a house (other than a public assistance institution) provided for the purpose of accommodating by night poor…
Section 402 — No person to keep a common lodging house unless registered.
No person to keep a common lodging house unless registered. 402 No person shall keep a common lodging house, or receive a lodger in a common lodging house, unless he is registered as the keeper of…
Section 403 — Register of common lodging house keepers and their houses.
Register of common lodging house keepers and their houses. 403 The local housing authority shall keep a register in which shall be entered— a the full names and the place of residence of every person…
Section 404 — Provisions with respect to registration.
Provisions with respect to registration. 404 1 Subject to the following provisions of this section, a local housing authority, on receiving from a person an application in writing— a for registration…
Section 405 — Appeals against refusal of registration.
Appeals against refusal of registration. 405 1 A person aggrieved by the refusal of a local housing authority under section 404 to grant or renew registration may appeal to a magistrates’ court. 2…
Section 406 — Byelaws as to common lodging houses.
Byelaws as to common lodging houses. 406 A local housing authority may, and if so required by the Secretary of State shall, make byelaws— a for fixing the number of persons who may be received into a…
Section 407 — Management and control of common lodging houses.
Management and control of common lodging houses. 407 1 The keeper of a common lodging house shall, if required by the local housing authority to do so, affix, and keep affixed and undefaced and…
Section 408 — Offences.
Offences. 408 1 It is a summary offence for a person— a to contravene or fail to comply with any of the provisions of this Part; b being the registered keeper of a common lodging house, to fail to…
Section 409 — Power of court on conviction to cancel registration and to disqualify for re-registration
Power of court on conviction to cancel registration and to disqualify for re-registration 409 Where the registered keeper of a common lodging house is convicted of— a an offence under this Part or a…