Housing Bill

House of Commons

Session 2003 - 04
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Housing Bill

Housing Bill
Schedule 1 — Procedure and appeals relating to improvement notices
Part 3 — Appeals relating to improvement notices
170

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
paragraph 13.
      (2)
Paragraph 15(2) applies to such an appeal as it applies to an appeal under
15
paragraph 10.
      (3)
The tribunal may by order confirm, reverse or vary the decision of the local
housing authority.
      (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
notice.
      (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
confirms the notice, and
(b)
references to a decision which confirms the notice are to a decision
which confirms it with or without variation.

Housing Bill
Schedule 2 — Procedure and appeals relating to prohibition orders
Part 1 — Service of copies of prohibition orders
171

“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
into force).
      (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
period.
      (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
time” is as follows—
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
variation.
      (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.
Schedule 2
Section 26

Procedure and appeals relating to prohibition orders
Part 1
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
knowledge, is—
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
of those premises; or
(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
is made.
      (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).

Housing Bill
Schedule 2 — Procedure and appeals relating to prohibition orders
Part 2 — Service of notices relating to revocation or variation of prohibition order
172

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
knowledge, is—
(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
of the building; or
(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
parts are comprised.
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
order is made.
      (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).
Part 2
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
decision is made.
      (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
Schedule; and
(ii)
the period within which an appeal may be made (see
paragraph 10(2)).
45

Housing Bill
Schedule 2 — Procedure and appeals relating to prohibition orders
Part 3 — Appeals relating to prohibition orders
173

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
decision is made.
      (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;
and
(d)
the period within which an appeal may be made (see paragraph
10(2)).
20
Part 3
Appeals relating to prohibition orders
Appeal against prohibition order
7     (1)
A relevant person may appeal to a residential property tribunal against a
prohibition order.
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
(1).
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
made.
      (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
1985 (c. 68).
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
or
(b)
a decision by the authority to refuse to revoke or vary a prohibition
order.

Housing Bill
Schedule 2 — Procedure and appeals relating to prohibition orders
Part 3 — Appeals relating to prohibition orders
174

Time limit for appeal
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
time).
Powers of residential property tribunal on appeal under paragraph 7
11    (1)
This paragraph applies to an appeal to a residential property tribunal under
paragraph 7.
15
      (2)
The appeal—
(a)
is to be by way of a re-hearing, but
(b)
may be determined having regard to matters of which the authority
were unaware.
      (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
section 8.
      (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
paragraph 9.
40
      (2)
Paragraph 11(2) applies to such an appeal as it applies to an appeal under
paragraph 7.
      (3)
The tribunal may by order confirm, reverse or vary the decision of the local
housing authority.

Housing Bill
Schedule 2 — Procedure and appeals relating to prohibition orders
Part 3 — Appeals relating to prohibition orders
175

      (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
order.
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
confirms the notice, and
(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
period.
      (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
as follows—
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
variation.
      (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.

Housing Bill
Schedule 3 — Improvement notices: enforcement action by local housing authorities
Part 1 — Taking of action by agreement
176

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
of those premises, or
(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.
Schedule 3
Section 30

Improvement notices: enforcement action by local housing authorities
Part 1
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).
      (3)
In this paragraph—
“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