Paragraph 2

England and Wales

(1)

The expenses are recoverable by the authority

F1(a)

where the works were required by a notice under section 189 or section 190 (repair notices), from the person having control of the dwelling-house F2house in multiple occupation or part of the building to which the notice relates; and

(F3b)

where the works were required by a notice under section 352 or 372 (notices relating to houses in multiple occupation), from the person having control of the house or the person managing the house, as the authority think fit;

and in the following provisions of this paragraph the person from whom expenses are recoverable by virtue of this sub-paragraph is referred to as “person primarily liable”.

(2)

Where the person F4primarily liable—

(a)

in the case of a notice under section 189 or 190 (repair notices), receives the rent of the premises as agent or trustee for some other person, or

(b)

in the case of a notice under section 352, . . . F5 or 372 (notices relating to houses in multiple occupation), was only properly served with that notice as being an agent or trustee for some other person,

the expenses are also recoverable by the authority from that other person, or partly from him and partly from the person primarily liable.

(3)

Where the person F6primarily liable proves—

(a)

that sub-paragraph (2) applies, and

(b)

that he has not, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability is limited to the total amount of the money which he has, or has had, in his hands as mentioned in paragraph (b).

(4)

Expenses are not recoverable under this paragraph to the extent that they are by any direction of the court on appeal recoverable under an order of the court.

Annotations

Textual amendments

F1: Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 13(1)
F2: Words inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 70(2)(a)
F3: Sch. 10 para. 2(b) substituted by virtue of Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 70(2)(b)
F4: Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 13(2)
F5: Figure repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(4), Sch. 12 Pt. II
F6: Words substituted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 13(2)

Notes on Schedule 10

Textual amendments

F1: Sch. 10 repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act (c. 34), ss. 266, 270(4)(5), {Sch. 16}; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.) (certain of the repeal(s) being subject to temp. savings in S.I. 2007/1904, (for E.) regs. 1(2), {13} (1.10.2007) and S.I. 2007/3231, (for W.) regs. 1(2), {13} (5.12.2007))