Public health powers housing action trusts HA 1988 s.68
HA 1988 s.68: Secretary of State can order housing action trust to exercise local authority powers on filthy premises, nuisances, and pests.
The Secretary of State may by order provide that, in relation to premises comprising or consisting of housing accommodation, a housing action trust shall have in its designated area (or in such part of its designated area as may be specified in the order) the functions conferred on a local authority— by sections 83 and 84 of the Public Health Act 1936 (the “1936 Act”) and section 36 of the Public Health Act 1961 (all of which relate to filthy or verminous premises or articles); by any enactment contained in Part III (nuisances and offensive trades) of the 1936 Act; by so much of Part XII of the 1936 Act as relates to any of the enactments mentioned in paragraphs (a) and (b) above; and by Part I of the Prevention of Damage by Pests Act 1949 (rats and mice). On the order coming into force, the trust shall have the functions conferred in relation to the designated area (or part) instead of or concurrently with any such authority, depending on the terms of the order. The order may provide that any enactment under which the trust is to exercise functions by virtue of the order shall have effect in relation to the trust and, where the trust is to have any function concurrently with another authority, in relation to that authority, as modified by the order. Where an order under this section provides that a housing action trust shall have the functions conferred upon a local authority by Part III of the 1936 Act, section 36 of the Local Government Act 1974 (recovery by local authorities of establishment charges) shall apply to the housing action trust as if it were a local authority within the meaning of that section. The order shall have effect subject to such savings and transitional and supplementary provisions as may be specified in the order. The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section allows the Secretary of State to make an order giving a housing action trust (HAT) the same public health enforcement powers that a local council normally has over filthy or vermin-infested premises, nuisances (like bad smells or offensive trades), and pests such as rats and mice. The order can make the HAT act instead of the council or alongside it. The HAT gets powers from parts of the Public Health Act 1936 and 1961 and the Prevention of Damage by Pests Act 1949. The order can modify how these laws apply to the HAT and must be approved by Parliament through a statutory instrument that can be cancelled if either House objects.
A housing action trust is a special body set up to regenerate run-down housing areas. Without an order under s.68, the trust does not have these public health functions – they stay with the local authority. The section does not give the HAT any new powers beyond those listed; it simply transfers or shares the existing council powers. The order may also include transitional arrangements and savings.
The section is found in Part III of the Housing Act 1988, which creates housing action trusts and gives them various roles.
When it applies
- A tenant's flat is infested with rats and the local council does not act; the housing action trust can step in under this order to require the landlord to deal with the infestation.
- A landlord leaves a property piled with filthy rubbish and vermin; the HAT can use its powers to order cleaning or removal.
- A house next to a housing action trust area has a nuisance from a smelly business; the trust can serve an abatement notice if the order covers Part III of the 1936 Act.
- A property contains verminous furniture or articles; the HAT can require them to be destroyed or cleaned.
What this section does not say
- This provision does not let a housing action trust evict a tenant; eviction powers are covered by other sections of the Housing Act 1988 (e.g., s.7 for possession orders).
- It does not give the trust power over general housing disrepair that is not related to filth, vermin, or pests – those issues remain with the local authority under other laws.
- It does not automatically apply to every housing action trust; the Secretary of State must make a specific order for the trust and area concerned.
- It does not create new criminal offences for residents; it transfers existing local authority enforcement powers to the HAT.
Related sections
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This page reproduces the text of HA 1988 s. 68 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.