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Section 36: Power of court to authorise action by one owner on behalf of another

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

Part 1: Housing conditions — Chapter 2: Improvement notices, prohibition orders and hazard awareness notices

Where an improvement notice or prohibition order has become operative, an owner of any specified premises may apply to a magistrates' court for an order under subsection (2).

A magistrates' court may, on an application under subsection (1), make an order enabling the applicant—

immediately to enter on the premises, and
to take any required action within a period fixed by the order.

In this section "required action" means—

in the case of an improvement notice, any remedial action which is required to be taken by the notice;
in the case of a prohibition order, any action necessary for the purpose of complying with the order or any remedial action specified in the order in accordance with section 22(2)(e).

No order may be made under subsection (2) unless the court is satisfied that the interests of the applicant will be prejudiced as a result of a failure by another person to take any required action.

No order may be made under subsection (2) unless notice of the application has been given to the local housing authority.

If it considers that it is appropriate to do so, the court may make an order in favour of any other owner of the premises which is similar to the order that it is making in relation to the premises under subsection (2).

About this text

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.