Section 378 Provisions for protection of owners.
England and Wales
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 premises, the authority shall give to him notice of any proceedings taken by them in relation to the premises under any of the preceding provisions of this Part.
Nothing in the preceding provisions of this Part prejudices or interferes with the rights or remedies of an owner for breach, non-observance or non-performance of a covenant or contract entered into be a lessee in reference to premises—
in respect of which a notice requiring the execution of works is served by the local housing authority under 352, . . . F1 or 372, or
to which regulations under section 369 (the management code) apply
and if an owner is obliged to take possession of premises in order to comply with such a notice, the taking possession does not affect his right to avail himself of any such breach, non-observance or non-performance which occurred before he took possession.
Annotations
Textual amendments
- F1
Figures repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(4), Sch. 12 Pt. II
- F2
S. 378(2)(b) substituted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 64
Notes on Part XI
Textual amendments
- F1
Ss. 345-400 (Pt. XI) repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act 2004 (c. 34), ss. 266, 270(4)(5), Sch. 16; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535,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))