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(1) | This Secretary of State may by order provide that, in its application to the Isles |
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of Scilly, this Act is have effect with such modifications as are specified in the |
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(2) | Where a similar power is exercisable under another Act in relation to |
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provisions of that Act which are amended by this Act, the power is exercisable |
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in relation to those provisions as so amended. |
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There shall be paid out of money provided by Parliament— |
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(a) | any expenditure incurred by the Secretary of State by virtue of this Act; |
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(b) | any increase attributable to this Act in the sums payable out of money |
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so provided under any other enactment. |
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226 | Short title, commencement and extent |
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(1) | This Act may be cited as the Housing Act 2004. |
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(2) | The following provisions come into force on the day on which this Act is |
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(b) | any other provision of this Act so far as it confers any power to make |
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an order or regulations which is exercisable by the Secretary of State or |
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the National Assembly for Wales. |
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(3) | The following provisions come into force at the end of the period of two |
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months beginning with the day on which this Act is passed— |
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(b) | Schedule 8, except paragraphs 15 and 16, and |
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(4) | The provisions listed in subsection (5) come into force— |
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(a) | where they are to come into force in relation only to Wales, on such day |
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as the National Assembly for Wales may by order appoint, and |
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(b) | otherwise, on such day as the Secretary of State may by order appoint. |
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(5) | The provisions referred to in subsection (4) are— |
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(a) | Part 1 (other than section 8), |
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(d) | paragraphs 15 and 16 of Schedule 8, and |
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(6) | Part 5 (other than section 153) comes into force on such day as the Secretary of |
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State may by order appoint. |
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(7) | Section 189 and Schedule 9 come into force on such day as the National |
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Assembly for Wales may by order appoint. |
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(8) | Different days may be appointed for different purposes or different areas |
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under subsection (4), (6) or (7). |
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(9) | The Secretary of State may by order make such provision as he considers |
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necessary or expedient for transitory, transitional or saving purposes in |
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connection with the coming into force of any provision of this Act. |
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(10) | The power conferred by subsection (9) is also exercisable by the National |
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Assembly for Wales in relation to provision dealing with matters with respect |
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to which functions are exercisable by the Assembly |
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(11) | Subject to subsections (12) and (13), this Act extends to England and Wales |
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(12) | Any amendment or repeal made by this Act has the same extent as the |
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enactment to which it relates, except that any amendment or repeal in— |
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| the Mobile Homes Act 1983 (c. 34), or |
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| the Crime and Disorder Act 1998 (c. 37), |
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| extends to England and Wales only. |
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(13) | This section extends to the whole of the United Kingdom. |
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Procedure and appeals relating to improvement notices |
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Service of improvement notices |
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Service of improvement notices: premises licensed under Part 2 or 3 |
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1 (1) | This paragraph applies where the specified premises in the case of an |
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(a) | a dwelling which is licensed under Part 3 of this Act, or |
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(b) | an HMO which is licensed under Part 2 or 3 of this Act. |
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(2) | The local housing authority must serve the notice on the holder of the licence |
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Service of improvement notices: premises which are neither licensed under Part 2 or 3 nor flats |
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2 (1) | This paragraph applies where the specified premises in the case of an |
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(a) | a dwelling which is not licensed under Part 3 of this Act, or |
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(b) | an HMO which is not licensed under Part 2 or 3 of this Act, |
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| and which (in either case) is not a flat. |
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(2) | The local housing authority must serve the notice— |
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(a) | (in the case of a dwelling) on the person having control of the |
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(b) | (in the case of an HMO) either on the person having control of the |
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HMO or on the person managing it. |
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Service of improvement notices: flats which are not licensed under Part 2 or 3 |
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3 (1) | This paragraph applies where any specified premises in the case of an |
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(a) | a dwelling which is not licensed under Part 3 of this Act, or |
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(b) | an HMO which is not licensed under Part 2 or 3 of this Act, |
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| and which (in either case) is a flat. |
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(2) | In the case of dwelling which is a flat, the local housing authority must serve |
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the notice on a person who— |
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(a) | is an owner of the flat, and |
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(b) | in the authority’s opinion ought to take the action specified in the |
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(3) | In the case of an HMO which is a flat, the local housing authority must serve |
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the notice either on a person who— |
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(a) | is an owner of the flat, and |
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(b) | in the authority’s opinion ought to take the action specified in the |
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| or on the person managing the flat. |
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Service of improvement notices: common parts |
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4 (1) | This paragraph applies where any specified premises in the case of an |
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(a) | common parts of a building containing one or more flats; or |
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(b) | any part of such a building which does not consist of residential |
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(2) | The local housing authority must serve the notice on a person who— |
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(a) | is an owner of the specified premises concerned, and |
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(b) | in the authority’s opinion ought to take the action specified in the |
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(3) | For the purposes of this paragraph a person is an owner of any common |
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parts of a building if he is an owner of the building or part of the building |
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concerned, or (in the case of external common parts) of the particular |
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premises in which the common parts are comprised. |
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Service of copies of improvement notices |
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5 (1) | In addition to serving an improvement notice in accordance with any of |
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paragraphs 1 to 4, the local housing authority must serve a copy of the notice |
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on every other person who, to their knowledge— |
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(a) | has a relevant interest in any specified premises, or |
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(b) | is an occupier of any such premises. |
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(2) | A “relevant interest” means an interest as freeholder, mortgagee or lessee. |
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(3) | For the purposes of this paragraph a person has a relevant interest in any |
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common parts of a building if he has a relevant interest in the building or |
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part of the building concerned, or (in the case of external common parts) in |
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the particular premises in which the common parts are comprised. |
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(4) | The copies required to be served under sub-paragraph (2) must be served |
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within the period of seven days beginning with the day on which the notice |
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Service of notices relating to revocation or variation of improvement notice |
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Notice of revocation or variation |
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6 (1) | This paragraph applies where the local housing authority decide to revoke |
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or vary an improvement notice. |
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(2) | The authority must serve— |
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(a) | a notice under this paragraph, and |
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(b) | copies of that notice, |
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| on the persons on whom they would be required under Part 1 of this |
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Schedule to serve an improvement notice and copies of it in respect of the |
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(3) | Sub-paragraph (4) applies if, in so doing, the authority serve a notice under |
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this paragraph on a person who is not the person on whom the improvement |
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notice was served (“the original recipient”). |
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(4) | The authority must serve a copy of the notice under this paragraph on the |
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original recipient unless they consider that it would not be appropriate to do |
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(5) | The documents required to be served under sub-paragraph (2) must be |
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served within the period of seven days beginning with the day on which the |
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7 | A notice under paragraph 6 must set out— |
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(a) | the authority’s decision to revoke or vary the improvement notice; |
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(b) | the reasons for the decision and the date on which it was made; |
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(c) | if the decision is to vary the notice— |
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(i) | the right of appeal against the decision under Part 3 of this |
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(ii) | the period within which an appeal may be made (see |
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Notice of refusal to revoke or vary notice |
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8 (1) | This paragraph applies where the local housing authority refuse to revoke |
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or vary an improvement notice. |
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(2) | The authority must serve— |
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(a) | a notice under this paragraph, and |
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(b) | copies of that notice, |
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| on the persons on whom they would be required to serve an improvement |
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notice and copies of it under Part 1 of this Schedule. |
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(3) | Sub-paragraph (4) applies if, in so doing, the authority serve a notice under |
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this paragraph on a person who is not the person on whom the improvement |
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notice was served (“the original recipient”). |
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(4) | The authority must serve a copy of the notice under this paragraph on the |
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original recipient unless they consider that it would not be appropriate to do |
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(5) | The documents required to be served under sub-paragraph (2) must be |
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served within the period of seven days beginning with the day on which the |
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9 | A notice under paragraph 8 must set out— |
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(a) | the authority’s decision not to revoke or vary the improvement |
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(b) | the reasons for the decision and the date on which it was made; |
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(c) | the right of appeal against the decision under Part 3 of this Schedule; |
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(d) | the period within which an appeal may be made (see paragraph |
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Appeals relating to improvement notices |
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Appeal against improvement notice |
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10 (1) | The person on whom an improvement notice is served may appeal to a |
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residential property tribunal against the notice. |
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(2) | Paragraphs 11 and 12 set out two specific grounds on which an appeal may |
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be made under this paragraph, but they do not affect the generality of sub- |
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11 (1) | An appeal may be made by a person under paragraph 10 on the ground that |
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one or more other persons, as an owner or owners of the specified premises, |
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(a) | take the action concerned, or |
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(b) | pay the whole or part of the cost of taking that action. |
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(2) | Where the grounds on which an appeal is made under paragraph 10 consist |
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of or include the ground mentioned in sub-paragraph (1), the appellant must |
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serve a copy of his notice of appeal on the other person or persons |
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12 (1) | An appeal may be made by a person under paragraph 10 on the ground that |
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one of the courses of action mentioned in sub-paragraph (2) is the best |
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course of action in relation to the hazard in respect of which the notice was |
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(2) | The courses of action are— |
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(a) | making a prohibition order under section 19 or 20 of this Act; |
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(b) | serving a hazard awareness notice under section 27 or 28 of this Act; |
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(c) | making a demolition order under section 265 of the Housing Act |
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Appeal against decision relating to variation or revocation of improvement notice |
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13 (1) | The relevant person may appeal to a residential property tribunal against— |
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(a) | a decision by the local housing authority to vary an improvement |
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(b) | a decision by the authority to refuse to revoke or vary an |
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(2) | In sub-paragraph (1) “the relevant person” means— |
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(a) | in relation to a decision within paragraph (a) of that provision, the |
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person on whom the notice was served; |
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(b) | in relation to a decision within paragraph (b) of that provision, the |
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person who applied for the revocation or variation. |
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14 (1) | Any appeal under paragraph 10 must be made within the period of 21 days |
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beginning with the date on which the improvement notice was served in |
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accordance with Part 1 of this Schedule. |
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(2) | Any appeal under paragraph 13 must be made within the period of 28 days |
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beginning with the date specified in the notice under paragraph 6 or 8 as the |
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date on which the decision concerned was made. |
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(3) | A residential property tribunal may allow an appeal to be made to it after the |
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end of the period mentioned in sub-paragraph (1) or (2) if it is satisfied that |
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there is a good reason for the failure to appeal before the end of that period |
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(and for any delay since then in applying for permission to appeal out of |
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Powers of residential property tribunal on appeal under paragraph 10 |
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15 (1) | This paragraph applies to an appeal to a residential property tribunal under |
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(a) | is to be by way of a re-hearing, but |
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(b) | may be determined having regard to matters of which the authority |
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(3) | The tribunal may by order confirm, quash or vary the improvement notice. |
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(4) | Paragraphs 16 and 17 make special provision in connection with the |
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grounds of appeal set out in paragraphs 11 and 12. |
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16 (1) | This paragraph applies where the grounds of appeal consist of or include |
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that set out in paragraph 11. |
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(2) | On the hearing of the appeal the tribunal may— |
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(a) | vary the improvement notice so as to require the action to be taken |
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by any owner mentioned in the notice of appeal in accordance with |
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(b) | make such order as it considers appropriate with respect to the |
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payment to be made by any such owner to the appellant or, where |
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the action is taken by the local housing authority, to the authority. |
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(3) | In the exercise of its powers under sub-paragraph (2), the tribunal must take |
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into account, as between the appellant and any such owner— |
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(a) | their relative interests in the premises concerned (considering both |
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the nature of the interests and the rights and obligations arising |
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under or by virtue of them); |
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(b) | their relative responsibility for the state of the premises which gives |
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rise to the need for the taking of the action concerned; and |
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(c) | the relative degree of benefit to be derived from the taking of the |
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(4) | Sub-paragraph (5) applies where, by virtue of the exercise of the tribunal’s |
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powers under sub-paragraph (2), a person other than the appellant is |
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required to take the action specified in an improvement notice. |
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(5) | So long as that other person remains an owner of the premises to which the |
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notice relates, he is to be regarded for the purposes of this Part as the person |
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on whom the notice was served (in place of any other person). |
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17 (1) | This paragraph applies where the grounds of appeal consist of or include |
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that set out in paragraph 12. |
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(2) | When deciding whether one of the courses of action mentioned in paragraph |
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12(2) is the best course of action in relation to a particular hazard, the |
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