Housing Act 2004
Sections and provisions with full text and the judgments that cite each one.
Section a — Ground 2A
Ground 2A Either— a a relevant order or suspended Ground 2 or 14 possession order is in force, or b an application is pending before any court for a relevant order, a demotion order or a Ground 2 or…
Section 1 — New system for assessing housing conditions and enforcing housing standards
New system for assessing housing conditions and enforcing housing standards 1 1 This Part provides— a for a new system of assessing the condition of residential premises, and b for that system to be…
Section 1A — Increase in value of house attributable to home improvements
Increase in value of house attributable to home improvements 1A 1 In calculating the maximum amount which may be demanded by the housing action trust under paragraph 1, such amount (if any) of the…
Section 2 — Meaning of “category 1 hazard” and “category 2 hazard”
Meaning of “category 1 hazard” and “category 2 hazard” 2 1 In this Act— “ category 1 hazard ” means a hazard of a prescribed description which falls within a prescribed band as a result of achieving,…
Section 2A — Power to set standards for qualifying residential premises
Power to set standards for qualifying residential premises 2A 1 The Secretary of State may by regulations specify requirements to be met by qualifying residential premises. 2 The matters which may be…
Section 2B — Qualifying residential premises
Qualifying residential premises 2B 1 The following are “ qualifying residential premises ” for the purposes of this Part— a a dwelling or HMO in England— i which is let under a relevant tenancy, or…
Section 3 — Local housing authorities to review housing conditions in their districts
Local housing authorities to review housing conditions in their districts 3 1 A local housing authority must keep the housing conditions in their area under review with a view to identifying any…
Section 4 — Inspections by local housing authorities to see whether category 1 or 2 hazards exist
Inspections by local housing authorities to see whether category 1 or 2 hazards exist 4 1 If a local housing authority consider— a as a result of any matters of which they have become aware in…
Section 5 — Category 1 hazards: general duty to take enforcement action
Category 1 hazards: general duty to take enforcement action 5 1 If a local housing authority consider that a category 1 hazard exists on any residential premises, they must take the appropriate…
Section 6 — Category 1 hazards: how duty under section 5 operates in certain cases
Category 1 hazards: how duty under section 5 operates in certain cases 6 1 This section explains the effect of provisions contained in subsection (2) of section 5. 2 In the case of paragraph (b) or…
Section 6A — Financial penalties relating to category 1 hazards or type 1 requirements
Financial penalties relating to category 1 hazards or type 1 requirements 6A 1 This section applies where— a a local housing authority is required by section 5(1) to take the appropriate enforcement…
Section 7 — Category 2 hazards: powers to take enforcement action
Category 2 hazards: powers to take enforcement action 7 1 The provisions mentioned in subsection (2) confer power on a local housing authority to take particular kinds of enforcement action in cases…
Section 8 — Reasons for decision to take enforcement action
Reasons for decision to take enforcement action 8 1 This section applies where a local housing authority decide to take one of the kinds of enforcement action mentioned in section 5(2) or 7(2) (“the…
Section 9 — Guidance about inspections and enforcement action
Guidance about inspections and enforcement action 9 1 The appropriate national authority may give guidance to local housing authorities about exercising— a their functions under this Chapter in…
Section 10 — Consultation with fire and rescue authorities in certain cases
Consultation with fire and rescue authorities in certain cases 10 1 This section applies where a local housing authority— a are satisfied that a prescribed fire hazard exists in an HMO or in any…
Section 11 — Improvement notices relating to category 1 hazards: duty of authority to serve notice
Improvement notices relating to category 1 hazards: duty of authority to serve notice 11 1 If— a the local housing authority are satisfied that a category 1 hazard exists on any residential premises,…
Section 11A — Increase in value of house attributable to home improvements to be disregarded
Increase in value of house attributable to home improvements to be disregarded 11A 1 In calculating the maximum amount which may be demanded by the landlord under section 11, such amount (if any) of…
Section 11B — Liability to repay is a charge on the house
Liability to repay is a charge on the house 11B 1 The liability that may arise under the covenant required by section 11 is a charge on the house, taking effect as if it had been created by deed…
Section 12 — Improvement notices relating to category 2 hazards: power of authority to serve notice
Improvement notices relating to category 2 hazards: power of authority to serve notice 12 1 If— a the local housing authority are satisfied that a category 2 hazard exists on any residential…
Section 12A — Right of first refusal for registered social landlord
Right of first refusal for registered social landlord 12A 1 Where on a disposal of a house by a registered social landlord, in accordance with a consent given by the Relevant Authority under section…
Section 12B — Consideration payable for disposal under section 12A
Consideration payable for disposal under section 12A 12B 1 The consideration for a disposal made in respect of a right of first refusal as mentioned in section 12A(4) shall be such amount as may be…
Section 13 — Contents of improvement notices
Contents of improvement notices 13 1 An improvement notice under section 11 or 12 must comply with the following provisions of this section. 2 The notice must specify, in relation to the hazard (or…
Section 14 — Suspension of improvement notices
Suspension of improvement notices 14 1 An improvement notice may provide for the operation of the notice to be suspended until a time, or the occurrence of an event, specified in the notice. 2 The…
Section 15 — Operation of improvement notices
Operation of improvement notices 15 1 This section deals with the time when an improvement notice becomes operative. 2 The general rule is that an improvement notice becomes operative at the end of…
Section 15A — Treatment of deferred resale agreements for purposes of section 11
Treatment of deferred resale agreements for purposes of section 11 15A 1 If a purchaser or his successor in title enters into an agreement within subsection (3), any liability arising under the…
Section 16 — Revocation and variation of improvement notices
Revocation and variation of improvement notices 16 1 The local housing authority must revoke an improvement notice if they are satisfied that the requirements of the notice have been complied with. 2…
Section 17 — Review of suspended improvement notices
Review of suspended improvement notices 17 1 The local housing authority may at any time review an improvement notice whose operation is suspended. 2 The local housing authority must review an…
Section 18 — Service of improvement notices etc. and related appeals
Service of improvement notices etc. and related appeals 18 Schedule 1 (which deals with the service of improvement notices, and notices relating to their revocation or variation, and with related…
Section 19 — 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,…
Section 20 — Prohibition orders relating to category 1 hazards: duty of authority to make order
Prohibition orders relating to category 1 hazards: duty of authority to make order 20 1 If— a the local housing authority are satisfied that a category 1 hazard exists on any residential premises,…
Section 21 — Prohibition orders relating to category 2 hazards: power of authority to make order
Prohibition orders relating to category 2 hazards: power of authority to make order 21 1 If— a the local housing authority are satisfied that a category 2 hazard exists on any residential premises,…
Section 22 — Contents of prohibition orders
Contents of prohibition orders 22 1 A prohibition order under section 20 or 21 must comply with the following provisions of this section. 2 The order must specify, in relation to the hazard (or each…
Section 23 — Suspension of prohibition orders
Suspension of prohibition orders 23 1 A prohibition order may provide for the operation of the order to be suspended until a time, or the occurrence of an event, specified in the order. 2 The time so…
Section 24 — Operation of prohibition orders
Operation of prohibition orders 24 1 This section deals with the time when a prohibition order becomes operative. 2 The general rule is that a prohibition order becomes operative at the end of the…
Section 25 — Revocation and variation of prohibition orders
Revocation and variation of prohibition orders 25 1 The local housing authority must revoke a prohibition order if at any time they are satisfied that the hazard in respect of which the order was…
Section 26 — Review of suspended prohibition orders
Review of suspended prohibition orders 26 1 The local housing authority may at any time review a prohibition order whose operation is suspended. 2 The local housing authority must review a…
Section 27 — Service of copies of prohibition orders etc. and related appeals
Service of copies of prohibition orders etc. and related appeals 27 Schedule 2 (which deals with the service of copies of prohibition orders, and notices relating to their revocation or variation,…
Section 27A — Grants to bodies other than registered social landlords
Grants to bodies other than registered social landlords 27A 1 The Relevant Authority may make grants under this section to persons other than registered social landlords. 2 Grants under this section…
Section 27B — Transfer of property funded by grants under section 27A
Transfer of property funded by grants under section 27A 27B 1 Where— a any grant is paid or payable to any person under section 27A, and b at any time property to which the grant relates becomes…
Section 28 — Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice
Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice 28 1 If— a the local housing authority are satisfied that a category 1 hazard exists on any residential…
Section 29 — Hazard awareness notices relating to category 2 hazards: power of authority to serve notice
Hazard awareness notices relating to category 2 hazards: power of authority to serve notice 29 1 If— a the local housing authority are satisfied that a category 2 hazard exists on any residential…
Section 30 — Offence of failing to comply with improvement notice
Offence of failing to comply with improvement notice 30 1 Where an improvement notice has become operative, the person on whom the notice was served commits an offence if he fails to comply with it.…
Section 31 — Enforcement action by local housing authorities
Enforcement action by local housing authorities 31 Schedule 3 (which enables enforcement action in respect of an improvement notice to be taken by local housing authorities either with or without…
Section 32 — Offence of failing to comply with prohibition order etc.
Offence of failing to comply with prohibition order etc. 32 1 A person commits an offence if, knowing that a prohibition order has become operative in relation to any specified premises, he— a uses…
Section 33 — Recovery of possession of premises in order to comply with order
Recovery of possession of premises in order to comply with order 33 Nothing in— a the Rent Act 1977 (c. 42) or the Rent (Agriculture) Act 1976 (c. 80), ... b Part 1 of the Housing Act 1988 (c. 50),…
Section 34 — Power of tribunal to determine or vary lease
Power of tribunal to determine or vary lease 34 1 Subsection (2) applies where— a a prohibition order has become operative, and b the whole or part of any specified premises form the whole or part of…
Section 35 — Power of court to order occupier or owner to allow action to be taken on premises
Power of court to order occupier or owner to allow action to be taken on premises 35 1 This section applies where an improvement notice or prohibition order has become operative. 2 If the occupier of…
Section 35A — Increase in value of house attributable to home improvements
Increase in value of house attributable to home improvements 35A 1 In calculating the maximum amount which may be demanded by the authority under section 35, such amount (if any) of the price or…
Section 36 — Power of court to authorise action by one owner on behalf of another
Power of court to authorise action by one owner on behalf of another 36 1 Where an improvement notice or prohibition order has become operative, an owner of any specified premises may apply to a…
Section 36A — Right of first refusal for local authority
Right of first refusal for local authority 36A 1 This section applies where, on a disposal of a house under section 32, a discount is given to the purchaser by the local authority in accordance with…