|
| |
|
tribunal must have regard to any guidance given to the local housing |
| |
authority under section 8. |
| |
(3) | Sub-paragraph (4) applies where— |
| |
(a) | an appeal under paragraph 10 is allowed against an improvement |
| |
notice in respect of a particular hazard; and |
| 5 |
(b) | the reason, or one of the reasons, for allowing the appeal is that one |
| |
of the courses of action mentioned in paragraph 12(2) is the best |
| |
course of action in relation to that hazard. |
| |
(4) | The tribunal must, if requested to do so by the appellant or the local housing |
| |
authority, include in its decision a finding to that effect and identifying the |
| 10 |
course of action concerned. |
| |
Powers of residential property tribunal on appeal under paragraph 13 |
| |
18 (1) | This paragraph applies to an appeal to a residential property tribunal under |
| |
| |
(2) | Paragraph 15(2) applies to such an appeal as it applies to an appeal under |
| 15 |
| |
(3) | The tribunal may by order confirm, reverse or vary the decision of the local |
| |
| |
(4) | If the appeal is against a decision of the authority to refuse to revoke an |
| |
improvement notice, the tribunal may make an order revoking the notice as |
| 20 |
from a date specified in the order. |
| |
“The operative time” for the purposes of section 15(5) |
| |
19 (1) | This paragraph defines “the operative time” for the purposes of section 15(5) |
| |
(operation of improvement notices). |
| |
(2) | If an appeal is made under paragraph 10 against an improvement notice |
| 25 |
which is not suspended, and a decision on the appeal is given which |
| |
confirms the notice, “the operative time” is as follows— |
| |
(a) | if the period within which an appeal to the Lands Tribunal may be |
| |
brought expires without such an appeal having been brought, “the |
| |
operative time” is the end of that period; |
| 30 |
(b) | if an appeal to the Lands Tribunal is brought, “the operative time” is |
| |
the time when a decision is given on the appeal which confirms the |
| |
| |
(3) | If an appeal is made under paragraph 10 against an improvement notice |
| |
which is suspended, and a decision is given on the appeal which confirms |
| 35 |
the notice, “the operative time” is as follows— |
| |
(a) | the time that would be the operative time under sub-paragraph (2) if |
| |
the notice were not suspended, or |
| |
(b) | if later, the time when the suspension ends. |
| |
(4) | For the purposes of sub-paragraph (2) or (3)— |
| 40 |
(a) | the withdrawal of an appeal has the same effect as a decision which |
| |
| |
(b) | references to a decision which confirms the notice are to a decision |
| |
which confirms it with or without variation. |
| |
|
| |
|
| |
|
“The operative time” for the purposes of section 14(7) |
| |
20 (1) | This paragraph defines “the operative time” for the purposes of section 14(7) |
| |
(postponement of time when a variation of an improvement notice comes |
| |
| |
(2) | If no appeal is made under paragraph 13 before the end of the period of 28 |
| 5 |
days mentioned in paragraph 14(2), “the operative time” is the end of that |
| |
| |
(3) | If an appeal is made under paragraph 13 before the end of that period and a |
| |
decision is given on the appeal which confirms the variation, “the operative |
| |
| 10 |
(a) | if the period within which an appeal to the Lands Tribunal may be |
| |
brought expires without such an appeal having been brought, “the |
| |
operative time” is the end of that period; |
| |
(b) | if an appeal to the Lands Tribunal is brought, “the operative time” is |
| |
the time when a decision is given on the appeal which confirms the |
| 15 |
| |
(4) | For the purposes of sub-paragraph (3)— |
| |
(a) | the withdrawal of an appeal has the same effect as a decision which |
| |
confirms the variation, and |
| |
(b) | references to a decision which confirms the variation are to a decision |
| 20 |
which confirms it with or without variation. |
| |
| |
| |
Procedure and appeals relating to prohibition orders |
| |
| |
Service of copies of prohibition orders |
| 25 |
Service on owners and occupiers of dwelling or HMO which is not a flat |
| |
1 (1) | This paragraph applies to a prohibition order where the specified premises |
| |
are a dwelling or HMO which is not a flat. |
| |
(2) | The authority must serve copies of the order on every person who, to their |
| |
| 30 |
(a) | an owner or occupier of the whole or part of the specified premises; |
| |
(b) | entitled or authorised to permit persons to occupy the whole or part |
| |
| |
(c) | a mortgagee of the whole or part of those premises. |
| |
(3) | The copies required to be served under sub-paragraph (2) must be served |
| 35 |
within the period of seven days beginning with the day on which the order |
| |
| |
(4) | A copy of the order is to be regarded as having been served on every |
| |
occupier in accordance with sub-paragraphs (2)(a) and (3) if a copy of the |
| |
order is fixed to some conspicuous part of the specified premises within the |
| 40 |
period of seven days mentioned in sub-paragraph (3). |
| |
|
| |
|
| |
|
Service on owners and occupiers of building containing flats etc. |
| |
2 (1) | This paragraph applies to a prohibition order where the specified premises |
| |
consist of or include the whole or any part of a building containing one or |
| |
more flats or any common parts of such a building. |
| |
(2) | The authority must serve copies of the order on every person who, to their |
| 5 |
| |
(a) | an owner or occupier of the whole or part of the building; |
| |
(b) | entitled or authorised to permit persons to occupy the whole or part |
| |
| |
(c) | a mortgagee of the whole or part of the building. |
| 10 |
(3) | Where the specified premises consist of or include any external common |
| |
parts of such a building, the authority must, in addition to complying with |
| |
sub-paragraph (1), serve copies of the order on every person who, to their |
| |
knowledge, is an owner or mortgage of the premises in which the common |
| |
| 15 |
(4) | The copies required to be served under sub-paragraph (2) or (3) must be |
| |
served within the period of seven days beginning with the day on which the |
| |
| |
(5) | A copy of the order is to be regarded as having been served on every |
| |
occupier in accordance with sub-paragraphs (2)(a) and (4) if a copy of the |
| 20 |
order is fixed to some conspicuous part of the building within the period of |
| |
seven days mentioned in sub-paragraph (4). |
| |
| |
Service of notices relating to revocation or variation of prohibition order |
| |
Notice of revocation or variation |
| 25 |
3 (1) | This paragraph applies where the local housing authority decide to revoke |
| |
or vary a prohibition order. |
| |
(2) | The authority must serve a notice under this paragraph on each of the |
| |
persons on whom they would be required under Part 1 of this Schedule to |
| |
serve copies of a prohibition order in respect of the specified premises. |
| 30 |
(3) | The notices required to be served under sub-paragraph (2) must be served |
| |
within the period of seven days beginning with the day on which the |
| |
| |
(4) | Paragraph 1(4) applies in relation to the service of notices on occupiers in |
| |
accordance with sub-paragraphs (2) and (3) as it applies in relation to the |
| 35 |
service on them of copies of a prohibition order in accordance with |
| |
paragraph 1(2)(a) and (3). |
| |
4 | A notice under paragraph 3 must set out— |
| |
(a) | the authority’s decision to revoke or vary the order; |
| |
(b) | the reasons for the decision and the date on which it was made; |
| 40 |
(c) | if the decision is to vary the order— |
| |
(i) | the right of appeal against the decision under Part 3 of this |
| |
| |
(ii) | the period within which an appeal may be made (see |
| |
| 45 |
|
| |
|
| |
|
Notice of refusal to revoke or vary order |
| |
5 (1) | This paragraph applies where the local housing authority refuse to revoke |
| |
or vary a prohibition order. |
| |
(2) | The authority must serve a notice under this paragraph on each of the |
| |
persons on whom they would be required under Part 1 of this Schedule to |
| 5 |
serve copies of a prohibition order in respect of the specified premises. |
| |
(3) | The notices required to be served under sub-paragraph (2) must be served |
| |
within the period of seven days beginning with the day on which the |
| |
| |
(4) | Paragraph 1(4) applies in relation to the service of notices on occupiers in |
| 10 |
accordance with sub-paragraphs (2) and (3) as it applies in relation to the |
| |
service on them of copies of a prohibition order in accordance with |
| |
paragraph 1(2)(a) and (3). |
| |
6 | A notice under paragraph 5 must set out— |
| |
(a) | the authority’s decision not to revoke or vary the notice; |
| 15 |
(b) | the reasons for the decision and the date on which it was made; |
| |
(c) | the right of appeal against the decision under Part 3 of this Schedule; |
| |
| |
(d) | the period within which an appeal may be made (see paragraph |
| |
| 20 |
| |
Appeals relating to prohibition orders |
| |
Appeal against prohibition order |
| |
7 (1) | A relevant person may appeal to a residential property tribunal against a |
| |
| 25 |
(2) | Paragraph 8 sets out a specific ground on which an appeal may be made |
| |
under this paragraph, but it does not affect the generality of sub-paragraph |
| |
| |
8 (1) | An appeal may be made by a person under paragraph 7 on the ground that |
| |
one of the courses of action mentioned in sub-paragraph (2) is the best |
| 30 |
course of action in relation to the hazard in respect of which the order was |
| |
| |
(2) | The courses of action are— |
| |
(a) | serving an improvement notice under section 10 or 11 of this Act; |
| |
(b) | serving a hazard awareness notice under section 27 or 28 of this Act; |
| 35 |
(c) | making a demolition order under section 265 of the Housing Act |
| |
| |
Appeal against decision relating to revocation or variation of prohibition order |
| |
9 | A relevant person may appeal to a residential property tribunal against— |
| |
(a) | a decision by the local housing authority to vary a prohibition order, |
| 40 |
| |
(b) | a decision by the authority to refuse to revoke or vary a prohibition |
| |
| |
|
| |
|
| |
|
| |
10 (1) | Any appeal under paragraph 7 must be made within the period of 28 days |
| |
beginning with the date specified in the prohibition order as the date on |
| |
which the order was made. |
| |
(2) | Any appeal under paragraph 9 must be made within the period of 28 days |
| 5 |
beginning with the date specified in the notice under paragraph 3 or 5 as the |
| |
date on which the decision concerned was made. |
| |
(3) | A residential property tribunal may allow an appeal to be made to it after the |
| |
end of the period mentioned in sub-paragraph (1) or (2) if it is satisfied that |
| |
there is a good reason for the failure to appeal before the end of that period |
| 10 |
(and for any delay since then in applying for permission to appeal out of |
| |
| |
Powers of residential property tribunal on appeal under paragraph 7 |
| |
11 (1) | This paragraph applies to an appeal to a residential property tribunal under |
| |
| 15 |
| |
(a) | is to be by way of a re-hearing, but |
| |
(b) | may be determined having regard to matters of which the authority |
| |
| |
(3) | The tribunal may by order confirm, quash or vary the prohibition order. |
| 20 |
(4) | Paragraph 12 makes special provision in connection with the ground of |
| |
appeal set out in paragraph 8. |
| |
12 (1) | This paragraph applies where the grounds of appeal consist of or include |
| |
that set out in paragraph 8. |
| |
(2) | When deciding whether one of the courses of action mentioned in paragraph |
| 25 |
8(2) is the best course of action in relation to a particular hazard, the tribunal |
| |
must have regard to any guidance given to the local housing authority under |
| |
| |
(3) | Sub-paragraph (4) applies where— |
| |
(a) | an appeal under paragraph 7 is allowed against a prohibition order |
| 30 |
made in respect of a particular hazard; and |
| |
(b) | the reason, or one of the reasons, for allowing the appeal is that one |
| |
of the courses of action mentioned in paragraph 8(2) is the best |
| |
course of action in relation to that hazard. |
| |
(4) | The tribunal must, if requested to do so by the appellant or the local housing |
| 35 |
authority, include in its decision a finding to that effect and identifying the |
| |
course of action concerned. |
| |
Powers of residential property tribunal on appeal under paragraph 9 |
| |
13 (1) | This paragraph applies to an appeal to a residential property tribunal under |
| |
| 40 |
(2) | Paragraph 11(2) applies to such an appeal as it applies to an appeal under |
| |
| |
(3) | The tribunal may by order confirm, reverse or vary the decision of the local |
| |
| |
|
| |
|
| |
|
(4) | If the appeal is against a decision of the authority to refuse to revoke a |
| |
prohibition order, the tribunal may make an order revoking the prohibition |
| |
order as from a date specified in its order. |
| |
“The operative time” for the purposes of section 23(5) |
| |
14 (1) | This paragraph defines “the operative time” for the purposes of section 23(5) |
| 5 |
(operation of prohibition orders). |
| |
(2) | If an appeal is made under paragraph 7 against a prohibition order which is |
| |
not suspended, and a decision on the appeal is given which confirms the |
| |
order, “the operative time” is as follows— |
| |
(a) | if the period within which an appeal to the Lands Tribunal may be |
| 10 |
brought expires without such an appeal having been brought, “the |
| |
operative time” is the end of that period; |
| |
(b) | if an appeal to the Lands Tribunal is brought, “the operative time” is |
| |
the time when a decision is given on the appeal which confirms the |
| |
| 15 |
(3) | If an appeal is made under paragraph 7 against a prohibition order which is |
| |
suspended, and a decision is given on the appeal which confirms the order, |
| |
“the operative time” is as follows— |
| |
(a) | the time that would be the operative time under sub-paragraph (2) if |
| |
the order were not suspended, or |
| 20 |
(b) | if later, the time when the suspension ends. |
| |
(4) | For the purposes of sub-paragraph (2) or (3)— |
| |
(a) | the withdrawal of an appeal has the same effect as a decision which |
| |
| |
(b) | references to a decision which confirms the order are to a decision |
| 25 |
which confirms it with or without variation. |
| |
“The operative time” for the purposes of section 24(7) |
| |
15 (1) | This paragraph defines “the operative time” for the purposes of section 24(7) |
| |
(revocation or variation of prohibition orders). |
| |
(2) | If no appeal is made under paragraph 9 before the end of the period of 28 |
| 30 |
days mentioned in paragraph 10(2), “the operative time” is the end of that |
| |
| |
(3) | If an appeal is made under paragraph 10 within that period and a decision |
| |
is given on the appeal which confirms the variation, “the operative time” is |
| |
| 35 |
(a) | if the period within which an appeal to the Lands Tribunal may be |
| |
brought expires without such an appeal having been brought, “the |
| |
operative time” is the end of that period; |
| |
(b) | if an appeal to the Lands Tribunal is brought, “the operative time” is |
| |
the time when a decision is given on the appeal which confirms the |
| 40 |
| |
(4) | For the purposes of sub-paragraph (3)— |
| |
(a) | the withdrawal of an appeal has the same effect as a decision which |
| |
confirms the variation, and |
| |
(b) | references to a decision which confirms the variation are to a decision |
| 45 |
which confirms it with or without variation. |
| |
|
| |
|
| |
|
Meaning of “relevant person” |
| |
16 (1) | In this Part of this Schedule “relevant person”, in relation to a prohibition |
| |
order, means a person who is— |
| |
(a) | an owner or occupier of the whole or part of the specified premises, |
| |
(b) | entitled or authorised to permit persons to occupy the whole or part |
| 5 |
| |
(c) | a mortgagee of the whole or part of those premises. |
| |
(2) | If any specified premises are common parts of a building containing one or |
| |
more flats, then in relation to those specified premises, “relevant person” |
| |
means every person who is an owner or mortgagee of the premises in which |
| 10 |
the common parts are comprised. |
| |
| |
| |
Improvement notices: enforcement action by local housing authorities |
| |
| |
Taking of action by agreement |
| 15 |
Power to take action by agreement |
| |
1 (1) | The local housing authority may, by agreement with the person on whom an |
| |
improvement notice has been served, take any action which that person is |
| |
required to take in relation to any premises in pursuance of the notice. |
| |
(2) | For that purpose the authority have all the rights which that person would |
| 20 |
have against any occupying tenant of, and any other person having an |
| |
interest in, the premises (or any part of the premises). |
| |
| |
| “improvement notice” means an improvement notice which has |
| |
become operative under Chapter 2 of Part 1 of this Act; |
| 25 |
| “occupying tenant”, in relation to any premises, means a person (other |
| |
than an owner-occupier) who— |
| |
(a) | occupies or is entitled to occupy the premises as a lessee; |
| |
(b) | is a statutory tenant of the premises; |
| |
(c) | occupies the premises under a restricted contract; |
| 30 |
(d) | is a protected occupier within the meaning of the Rent |
| |
(Agriculture) Act 1976 (c. 80); or |
| |
(e) | is a licensee under an assured agricultural occupancy; |
| |
| “owner-occupier”, in relation to any premises, means the person who |
| |
occupies or is entitled to occupy the premises as owner or lessee |
| 35 |
under a long tenancy (within the meaning of Part 1 of the Leasehold |
| |
Reform Act 1967 (c. 88)). |
| |
Expenses of taking action by agreement |
| |
2 | Any action taken by the local housing authority under paragraph 1 is to be |
| |
taken at the expense of the person on whom the notice is served. |
| 40 |
|
| |
|