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Section 104: The health and safety condition

Housing Act 2004 · 2004 c. 34View on legislation.gov.uk

Part 4: Additional control provisions in relation to residential accommodation — Chapter 1: Interim and final management orders

This section explains what "the health and safety condition" is for the purposes of section 102.

The health and safety condition is that the making of an interim management order is necessary for the purpose of protecting the health, safety or welfare of persons occupying the house, or persons occupying or having an estate or interest in any premises in the vicinity.

The health and safety condition is not to be regarded as satisfied for the purposes of section 102(2)(b)(ii) or (3)(c)(ii) where both of the conditions in subsections (5) and (6) are satisfied.

The first condition is that the local housing authority either—

(in a case within section 102(2)(b)(ii)) are required by section 5 (general duty to take enforcement action in respect of category 1 hazards) to take a course of action within subsection (2) of that section in relation to the house, or
(in a case within section 102(3)(c)(ii)) consider that on the revocation coming into force they will be required to take such a course of action.

The second condition is that the local housing authority consider that the health, safety or welfare of the persons in question would be adequately protected by taking that course of action.

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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.