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Section 381: General effect of control order.

Housing Act 1985 · 1985 c. 68View on legislation.gov.uk

Part XI: HOUSES IN MULTIPLE OCCUPATION

While a control order is in force the local housing authority—

have the right to possession of the premises,
have the right to do (and authorise others to do) in relation to the premises anything which a person having an estate or interest in the premises would, but for the making of the order, be entitled to do, without incurring any liability to any such person except as expressly provided by this Part, and
may, notwithstanding that they do not, under this section, have an interest amounting to an estate in law in the premises, create an interest in the premises which, as near as may be, has the incidents of a leasehold;

but subject to section 382 as regards the rights of persons occupying parts of the house under existing tenancies or agreements.

The local housing authority shall not, without the consent in writing of the person or persons who would have power to create the right if the control order were not in force, create in exercise of the powers conferred by this section any right in the nature of a lease or licence which is for a fixed term exceeding one month or is terminable by notice to quit (or an equivalent notice) of more than four weeks.

On the coming into force of a control order any notice direction or order under section 352, 354, . . . , . . . or 372 shall cease to have effect as respects the house to which the control order applies, but without prejudice to any criminal liability incurred before the coming into force of the control order, or to the right of the local housing authority to recover any expenses incurred in carrying out works.

A control order is a local land charge.

References in any enactment to housing accommodation provided or managed by the local housing authority do not include a house which is subject to a control order.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.