Section 318 Power of tribunal to authorise execution of works on unfit premises or for improvement.F8

England and Wales

(1)

Where on an application made by a person entitled to any interest in land used in whole or in part as a site for F1F2dwellings or houses in multiple occupation or both F3the appropriate tribunal is satisfied—

(a)

that the premises on the land are, or are likely to become, dangerous or F4harmful to health or safety and the interests of the applicant are thereby prejudiced, or

(b)

that the applicant should be entrusted with the carrying out of a scheme of improvement or reconstruction approved by the local housing authority,

F5the tribunal may make an order empowering the applicant forthwith to enter on the land and within a period fixed by the order execute such works as may be necessary.

(2)

Where the F6tribunal makes such an order, it may order that any lease held from the applicant and any derivative lease shall be determined, subject to such conditions and the payment of such compensation as the court may think just.

(3)

The tribunal shall include in its order provisions to secure that the proposed works are carried out and may authorise the local housing authority to exercise such supervision or take such action as may be necessary for the purpose.

(4)

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(b), Sch. 9 Pt. II para. 38
F2: S. 318(1): words in para. (a) substituted (6.4.2006 for E. and 16.6.2006 for W.) by virtue of Housing Act 2004 (c. 34), ss. 265(1), 270(4)(5), Sch. 15 para. 25(a); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)
F3: Words in s. 318(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 45 (with Sch. 3)
F4: Words in s. 318(1)(a) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34.), ss. 65(1), 270(4)(5), {Sch. 15 para. 25(b)}; S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)
F5: Words in s. 318(1) substituted (6.4.2006 for E. and 16.6.2006 for W) by Housing Act 2004 (c. 34), ss. 48(5)(b), 270(4)(5); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
F6: Words in s. 318(2)(3) substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 48(5)(c), 270(4)(5); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)
F7: S. 318(4) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 48(5)(d), 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(a)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(a)(c)(v) (with Sch.)
F8: S. 318: word in sidenote substituted (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 48(5)(a), 270(4)(5); S.I. 2006/1060, art. 2(1)(a) (with Sch.); S.I. 2006/1535, art. 2(a) (with Sch.)

Notes on Part IX

Modifications

C1: Pt. IX (ss. 264–323) extended by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 5(2), Sch. 4 para. 11
C2: Pt. IX (ss. 264–323): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)
C3: Pt. IX (ss. 264–323) extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190(1), 193(1), Sch. 25 para. 1(2)(xxxii), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58