Section 291 Certain expenses recoverable from owners to be a charge on the premises: power to order payment by instalments.C9 C1 C2 C3 C4 C5 C6 C7

(1)

Where a local authority have incurred expenses for the repayment of which the owner of the premises in respect of which the expenses were incurred is liable, either under this Act or under any enactment repealed thereby, or by agreement with the authority, those expenses, together with interest from the date of service of a demand for the expenses, may be recovered by the authority from the person who is the owner of the premises at the date when the works are completed, or, if he has ceased to be the owner of the premises before the date when a demand for the expenses is served, either from him or from the person who is the owner at the date when the demand is served, and, as from the date of the completion of the works, the expenses and interest accrued due thereon shall, until recovered, be a charge on the premises and on all estates and interests therein.

(2)

A local authority may by order declare any expenses recoverable by them under this section to be payable with interest by instalments within a period not exceeding thirty years, until the whole amount is paid; and any such instalments and interest, or any part thereof, may be recovered from the owner or occupier for the time being of the premises in respect of which the expenses were incurred, and, if recovered from the occupier, may be deducted by him from the rent of the premises:

Provided that an occupier shall not be required to pay at any one time any sum in excess of the amount which was due from him on account of rent at, or has become due from him on account of rent since, the date on which he received a demand from the local authority together with a notice requiring him not to pay rent to his landlord without deducting the sum so demanded.

An order may be made under this subsection at any time with respect to any unpaid balance of expenses and accrued interest so, however, that the period for repayment shall not in any case extend beyond thirty years from the service of the first demand for the expenses.

C8(3)

The rate of interest chargeable under subsection (1) or subsection (2) of this section shall be such F1reasonable rate as the authority may determine:

. . . F2

(4)

A local authority shall, for the purpose of enforcing a charge under this section, have all the same powers and remedies under the M1Law of Property Act 1925, and otherwise as if they were mortgages by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

Annotations

Textual amendments

F1: Word inserted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(6), Sch. 6 para. 4
F2: S. 291(3) proviso repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. VI

Marginal citations

M1: 1925 c. 20.

Modifications

C1

S. 291 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)

S. 291 applied (27.8.1993) by 1993 c. 11, ss. 62(1), 68(2)

S. 291 applied (with modifications) (20.9.2000) by 2000 c. vii, ss. 1(1), 19(10)-(12)

C2

S. 291 extended (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 107(5), 109(3), 160(2), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6)

C3

S. 291 applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 9, Sch. 1

C4

S. 291 modified by 1995 c. x, s. 12(6C) (as inserted (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 12(4))

C5

S. 291 applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), s. 1(3), Sch. 1

C6

S. 291 modified (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 11(4), Sch. 1

C7

S. 291 applied (with modifications) by 1990 c. 8, s. 225F(9) (as inserted (6.4.2012) by Localism Act 2011 (c. 20), ss. 127(2), 240(2) (with s. 144); S.I. 2012/628, art. 8(b) (with arts. 9 12 13 16 arts. 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4))

C8

S. 291(3) proviso amended by Local Government Act 1972 (c. 70), s. 171

C9

S. 291 extended by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 33(6)(c)

Notes on Part XII

Modifications

C1

Pt. XII extended and amended (Greater London) by London Government Act 1963 (c. 33), Sch. 11 Pt. I para. 24; amended by Health and Safety at Work etc. Act 1974 (c. 37), s. 76(1)

C2

Functions of the Minister of Housing and Local Government under Pt. XII in relation to or in consequence of ss. 25, 37, 38, 43, 53-55, 59(1), 60 (so far as it relates to proposed buildings), 61-67, 69-71, 137 now exercisable by Secretary of State: S.I. 1964/263, art. 2(2), Sch. Pt. II and S.I. 1970/1681, art. 2(1)

C3

Functions of the Minister of Housing and Local Government under Pt. XII in relation to s. 59(2)–(4) or s. 60 (so far as it relates to buildings other than proposed buildings) now exercisable by Secretary of State: S.I. 1964/263, art. 3

C4

References to local authorities and their districts in Pt.XII so far as it relates to ss. 15-24, 27-31, 33-36, 42 to be construed respectively as references to water authorities and their areas: Water Act 1973 (c. 37), s. 14(2)

C5