Commentary on Sections Part 1 - Housing Conditions Chapter 2 – Improvement Notices, Prohibition Orders and Hazard Awareness Notices Section 36: Power of court to authorise action by one owner on behalf of another
147.Section 36 enables a magistrates’ court to make an order allowing an owner of premises to enter those premises and, within a fixed period of time, to take any action required by an improvement notice or prohibition order. Before making an order, the court needs to be satisfied that such an order is necessary to safeguard the interests of the applicant, and that the LHA has been given notice of the application. The purpose of this provision is to ensure that an owner or superior landlord is able to deal with a problem where they have reason to believe that the person served with the notice may not take the necessary action.