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Question Title: Section 190 - Possession Notice
| Question: 330 |
| I have just received a notice from the local authority about a property that I manage. It states that it is 'a notice in respect of a house in disrepair' under the provisions of s.190 Housing Act 1985. It came completely out of the blue and when I contacted the tenant I was told that he had contacted the Environmental Health department. Apparently the defects were extensive damp, a dirty toilet and a bowed ceiling in one of the downstairs rooms. What should I do, I only collect the rents, the owner looks after all the repairs? Will I be responsible for the cost of these repairs?
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| The answer to this question is fairly straightforward, even if the explanation is a bit more complex! A notice under section 190 can be served on 'the person having control of the dwelling house'. The term 'control' is widely defined in section 207 and would include most agents receiving rents for the property. That might seem to be the end of the matter but the local authority has rather shot themselves in the foot in this one. They should have issued a preliminary notice, called 'a mind to take action notice' under the provisions of section 86 of the Housing Grants, Construction and Regeneration Act 1996 and the Housing (Fitness Enforcement Procedures) order 1996. The action to be taken now is to enter an appeal [under section 191] against the section 190 notice, and quickly, as you only have 21 days and it has been held that the county court cannot extend the period. (Radia v. London Borough of Greenwich [1994 PHAS HLU (6) 2.03). As part of that appeal you should state that 'some person other than the appellant, being a person who is an owner in relation to the dwelling house ought to execute the works'. The court can vary the order either to extent of repairs or as to liability. In addition to submitting the appeal it would be prudent to contact the owner to find out whether he has also received a notice and his intentions regarding the problem.
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References:
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Pages:
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Hyperlinks:
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Letting Handbook |
Chapter 11 |
letting-handbook-and-factsheets.html
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Letting Factsheet No 28 |
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factsheet-28
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For more information, discuss on the Forum
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