Housing Bill

House of Commons

Session 2003 - 04
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Housing Bill

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
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Paragraphs (b) and (c) are subject to subsection (4).
(4)
The notice may not, by virtue of subsection (3)(b) or (c), require any remedial
action to be taken in relation to any part of the building or its external common
parts that is not included in any residential premises on which the hazard
exists, unless the authority are satisfied—
5
(a)
that the deficiency from which the hazard arises is situated there, and
(b)
that it is necessary for the action to be so taken in order to protect the
health or safety of any actual or potential occupiers of one or more of
the flats.
(5)
The remedial action required to be taken by the notice —
10
(a)
must, as a minimum, be such as to ensure that the hazard ceases to be
a category 1 hazard; but
(b)
may extend beyond such action.
(6)
An improvement notice under this section may relate to more than one
category 1 hazard on the same premises or in the same building containing one
15
or more flats.
(7)
The operation of an improvement notice under this section may be suspended
in accordance with section 12.
(8)
In this Part “remedial action”, in relation to a hazard, means action (whether in
the form of carrying out works or otherwise) which, in the opinion of the local
20
housing authority, will remove or reduce the hazard.
10
Improvement notices relating to category 2 hazards: power of authority to
serve notice
(1)
If—
(a)
the local housing authority are satisfied that a category 2 hazard exists
25
on any residential premises, and
(b)
no interim or final management order is in force in relation to the
premises under Part 4,

the authority may serve an improvement notice under this section in respect of
the hazard.
30
(2)
An improvement notice under this section is a notice requiring the person on
whom it is served to take such remedial action in respect of the hazard
concerned as is specified in the notice in accordance with subsection (3) and
section 11.
(3)
Subsections (3) and (4) of section 9 apply to an improvement notice under this
35
section as they apply to one under that section.
(4)
An improvement notice under this section may relate to more than one
category 2 hazard on the same premises or in the same building containing one
or more flats.
(5)
An improvement notice under this section may be combined in one document
40
with a notice under section 9 where they require remedial action to be taken in
relation to the same premises.
(6)
The operation of an improvement notice under this section may be suspended
in accordance with section 12.

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
9

11
Contents of improvement notices
(1)
An improvement notice under section 9 or 10 must comply with the following
provisions of this section.
(2)
The notice must specify, in relation to the hazard (or each of the hazards) to
which it relates—
5
(a)
whether the notice is served under section 9 or 10,
(b)
the nature of the hazard and the residential premises on which it exists,
(c)
the deficiency giving rise to the hazard,
(d)
the premises in relation to which remedial action is to be taken in
respect of the hazard and the nature of that remedial action,
10
(e)
the date when the remedial action is to be started (see subsection (3)),
and
(f)
the period within which the remedial action is to be completed or the
periods within which each part of it is to be completed.
(3)
The notice may not require any remedial action to be started earlier than the
15
28th day after that on which the notice is served.
(4)
The notice must contain information about—
(a)
the right of appeal against the decision under Part 3 of Schedule 1, and
(b)
the period within which an appeal may be made.
(5)
In this Part of this Act “specified premises”, in relation to an improvement
20
notice, means premises specified in the notice, in accordance with subsection
(2)(d), as premises in relation to which remedial action is to be taken in respect
of the hazard.
12
Suspension of improvement notices
(1)
An improvement notice may provide for the operation of the notice to be
25
suspended until a time, or the occurrence of an event, specified in the notice.
(2)
The time so specified may, in particular, be the time when a person of a
particular description begins, or ceases, to occupy any premises.
(3)
The event so specified may, in particular, be a notified breach of an
undertaking accepted by the local housing authority for the purposes of this
30
section from the person on whom the notice is served.
(4)
In subsection (3) a “notified breach”, in relation to such an undertaking, means
an act or omission by the person on whom the notice is served—
(a)
which the local housing authority consider to be a breach of the
undertaking, and
35
(b)
which is notified to that person in accordance with the terms of the
undertaking.
(5)
If an improvement notice does provide for the operation of the notice to be
suspended under this section—
(a)
any periods specified in the notice under section 11 are to be fixed by
40
reference to the day when the suspension ends, and
(b)
in subsection (3) of that section the reference to the 28th day after that
on which the notice is served is to be read as referring to the 21st day
after that on which the suspension ends.

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
10

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Revocation and variation of improvement notices
(1)
The local housing authority must revoke an improvement notice if they are
satisfied that the requirements of the notice have been complied with.
(2)
The local housing authority may revoke an improvement notice if—
(a)
in the case of a notice served under section 9, they consider that there
5
are any special circumstances making it appropriate to revoke the
notice; or
(b)
in the case of a notice served under section 10, they consider that it is
appropriate to revoke the notice.
(3)
Where an improvement notice relates to a number of hazards—
10
(a)
subsection (1) is to be read as applying separately in relation to each of
those hazards, and
(b)
if, as a result, the authority are required to revoke only part of the
notice, they may vary the remainder as they consider appropriate.
(4)
The local housing authority may vary an improvement notice—
15
(a)
with the agreement of the person on whom the notice was served, or
(b)
in the case of a notice whose operation is suspended, so as to alter the
time or events by reference to which the suspension is to come to an
end.
(5)
A revocation under this section comes into force at the time when it is made.
20
(6)
If it is made with the agreement of the person on whom the improvement
notice was served, a variation under this section comes into force at the time
when it is made.
(7)
Otherwise a variation under this section does not come into force until such
time (if any) as is the operative time for the purposes of this subsection under
25
paragraph 20 of Schedule 1 (time when period for appealing expires without
an appeal being made or when decision to vary is confirmed on appeal).
(8)
The power to revoke or vary an improvement notice under this section is
exercisable by the authority either—
(a)
on an application made by the person on whom the improvement
30
notice was served, or
(b)
on the authority’s own initiative.
14
Operation of improvement notices
(1)
This section deals with the time when an improvement notice becomes
operative.
35
(2)
The general rule is that an improvement notice becomes operative at the end of
the period of 21 days beginning with the day on which it is served under Part
1 of Schedule 1 (which is the period for appealing against the notice under Part
3 of that Schedule).
(3)
The general rule is subject to subsection (4) (suspended notices) and subsection
40
(5) (appeals).
(4)
If the notice is suspended under section 12, the notice becomes operative at the
time when the suspension ends.
This is subject to subsection (5).

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
11

(5)
If an appeal against the notice is made under Part 3 of Schedule 1, the notice
does not become operative until such time (if any) as is the operative time for
the purposes of this subsection under paragraph 19 of that Schedule (time
when notice is confirmed on appeal, period for further appeal expires or
suspension ends).
5
(6)
If no appeal against an improvement notice is made under that Part of that
Schedule within the period for appealing against it, the notice is final and
conclusive as to matters which could have been raised on an appeal.
15
Review of suspended improvement notices
(1)
The local housing authority may at any time review an improvement notice
10
whose operation is suspended.
(2)
The local housing authority must review an improvement notice whose
operation is suspended not later than one year after the date of service of the
notice and at subsequent intervals of not more than one year.
(3)
Copies of the authority’s decision on a review under this section must be
15
served—
(a)
on the person on whom the improvement notice was served, and
(b)
every other person on whom a copy of the notice was required to be
served.
16
Service of improvement notices etc. and related appeals
20
Schedule 1 (which deals with the service of improvement notices, and notices
relating to their revocation or variation, and with related appeals) has effect.
17
Change in person liable to comply with improvement notice
(1)
This section applies where—
(a)
an improvement notice has been served on any person (“the original
25
recipient”) in respect of any premises, and
(b)
at a later date (“the changeover date”) that person ceases to be a person
of the relevant category in respect of the premises.
(2)
In subsection (1) the reference to a person ceasing to be a “person of the
relevant category” is a reference to his ceasing to fall within the description of
30
person (such as, for example, the holder of a licence under Part 2 or 3 or the
person managing a dwelling) by reference to which the improvement notice
was served on him.
(3)
As from the changeover date, the liable person in respect of the premises is to
be in the same position as if—
35
(a)
the improvement notice had originally been served on him, and
(b)
he had taken all steps relevant for the purposes of this Part which the
original recipient had taken.
(4)
The effect of subsection (3) is that, in particular, any period for compliance with
the notice or for bringing any appeal is unaffected.
40
(5)
But where the original recipient has become subject to any liability arising by
virtue of this Part before the changeover date, subsection (3) does not have the
effect of—

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
12

(a)
relieving him of the liability, or
(b)
making the new liable person subject to it.
(6)
Subsection (3) applies with any necessary modifications where a person to
whom it applies (by virtue of any provision of this section) ceases to be the
liable person in respect of the premises.
5
(7)
Unless subsection (8) or (9) applies, the person who is at any time the “liable
person” in respect of any premises is the person having control of the premises.
(8)
If—
(a)
the original recipient was served as the person managing the premises,
and
10
(b)
there is a new person managing the premises as from the changeover
date,

that new person is the “liable person”.
(9)
If the original recipient was served as an owner of the premises, the “liable
person” is the owner’s successor in title on the changeover date.
15
Prohibition orders
18
Prohibition orders relating to category 1 hazards: duty of authority to make
order
(1)
If—
(a)
the local housing authority are satisfied that a category 1 hazard exists
20
on any residential premises, and
(b)
no interim or final management order is in force in relation to the
premises under Part 4,

making a prohibition order under this section in respect of the hazard is a
course of action available to the authority in relation to the hazard for the
25
purposes of section 5 (category 1 hazards: general duty to take enforcement
action).
(2)
A prohibition order under this section is an order imposing such prohibition or
prohibitions on the use of any premises as is or are specified in the order in
accordance with subsections (3) and (4) and section 20.
30
(3)
The order may prohibit use of the following premises—
(a)
if the residential premises on which the hazard exists are a dwelling or
HMO which is not a flat, it may prohibit use of the dwelling or HMO;
(b)
if those premises are one or more flats, it may prohibit use of the
building containing the flat or flats (or any part of the building) or any
35
external common parts;
(c)
if those premises are the common parts of a building containing one or
more flats, it may prohibit use of the building (or any part of the
building) or any external common parts.
Paragraphs (b) and (c) are subject to subsection (4).
40
(4)
The notice may not, by virtue of subsection (3)(b) or (c), prohibit use of any part
of the building or its external common parts that is not included in any
residential premises on which the hazard exists, unless the authority are
satisfied—
(a)
that the deficiency from which the hazard arises is situated there, and
45

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
13

(b)
that it is necessary for such use to be prohibited in order to protect the
health or safety of any actual or potential occupiers of one or more of
the flats.
(5)
A prohibition order under this section may relate to more than one category 1
hazard on the same premises or in the same building containing one or more
5
flats.
(6)
The operation of a prohibition order under this section may be suspended in
accordance with section 21.
19
Prohibition orders relating to category 2 hazards: power of authority to make
order
10
(1)
If—
(a)
the local housing authority are satisfied that a category 2 hazard exists
on any residential premises, and
(b)
no interim or final management order is in force in relation to the
premises under Part 4,
15

the authority may make a prohibition order under this section in respect of the
hazard.
(2)
A prohibition order under this section is an order imposing such prohibition or
prohibitions on the use of any premises as is or are specified in the order in
accordance with subsection (3) and section 20.
20
(3)
Subsections (3) and (4) of section 18 apply to a prohibition order under this
section as they apply to one under that section.
(4)
A prohibition order under this section may relate to more than one category 2
hazard on the same premises or in the same building containing one or more
flats.
25
(5)
A prohibition order under this section may be combined in one document with
an order under section 18 where they impose prohibitions on the use of the
same premises or on the use of premises in the same building containing one
or more flats.
(6)
The operation of a prohibition order under this section may be suspended in
30
accordance with section 21.
20
Contents of prohibition orders
(1)
A prohibition order under section 18 or 19 must comply with the following
provisions of this section.
(2)
The order must specify, in relation to the hazard (or each of the hazards) to
35
which it relates—
(a)
whether the order is made under section 18 or 19,
(b)
the nature of the hazard concerned and the residential premises on
which it exists,
(c)
the deficiency giving rise to the hazard,
40
(d)
the premises in relation to which prohibitions are imposed by the order
(see subsections (3) and (4)), and

Housing Bill
Part 1 — Housing conditions
Chapter 2 — Improvement notices, prohibition orders and hazard awareness notices
14

(e)
any remedial action which the authority consider would, if taken in
relation to the hazard, result in their revoking the order under section
23.
(3)
The order may impose such prohibition or prohibitions on the use of any
premises as—
5
(a)
comply with section 18(3) and (4), and
(b)
the local housing authority consider appropriate in view of the hazard
or hazards in respect of which the order is made.
(4)
Any such prohibition may prohibit use of any specified premises, or of any
part of those premises, either—
10
(a)
for all purposes, or
(b)
for any particular purpose,
except (in either case) to the extent to which any use of the premises or part is
approved by the authority.
(5)
A prohibition imposed by virtue of subsection (4)(b) may, in particular, relate
15
to—
(a)
occupation of the premises or part by more than a particular number of
households or persons; or
(b)
occupation of the premises or part by particular descriptions of
persons.
20
(6)
The order must also contain information about—
(a)
the right under Part 3 of Schedule 1 to appeal against the decision to
make the order, and
(b)
the period within which an appeal may be made,

and specify the date on which the order is made.
25
(7)
Any approval of the authority for the purposes of subsection (4) must not be
unreasonably withheld.
(8)
If the authority do refuse to give any such approval, they must notify the
person applying for the approval of—
(a)
their decision,
30
(b)
the reasons for it and the date on which it was made,
(c)
the right to appeal against the decision under subsection (9), and
(d)
the period within which an appeal may be made,

within the period of seven days beginning with the day on which the decision
was made.
35
(9)
The person applying for the approval may appeal to a county court against the
decision within the period of 28 days beginning with the date specified in the
notice as the date on which it was made.
(10)
In this Part of this Act “specified premises”, in relation to a prohibition order,
means premises specified in the order, in accordance with subsection (2)(d), as
40
premises in relation to which prohibitions are imposed by the order.
21
Suspension of prohibition orders
(1)
A prohibition order may provide for the operation of the order to be
suspended until a time, or the occurrence of an event, specified in the order.