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Housing Bill


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

15

 

(a)   

comply with section 19(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—

5

(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

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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.

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(6)   

The order must also contain information about—

(a)   

the right under Part 3 of Schedule 2 to appeal against the order, and

(b)   

the period within which an appeal may be made,

   

and specify the date on which the order is made.

(7)   

Any approval of the authority for the purposes of subsection (4) must not be

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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,

(b)   

the reasons for it and the date on which it was made,

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(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.

(9)   

The person applying for the approval may appeal to a residential property

30

tribunal 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

premises in relation to which prohibitions are imposed by the order.

35

22      

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.

(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.

40

(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

section from a person on whom a copy of the order is served.

 

 

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

16

 

(4)   

In subsection (3) a “notified breach”, in relation to such an undertaking, means

an act or omission by such a person—

(a)   

which the local housing authority consider to be a breach of the

undertaking, and

(b)   

which is notified to that person in accordance with the terms of the

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undertaking.

23      

Operation of prohibition orders

(1)   

This section deals with the time when a prohibition order becomes operative.

(2)   

The general rule is that a prohibition order becomes operative at the end of the

period of 28 days beginning with the date specified in the notice as the date on

10

which it is made.

(3)   

The general rule is subject to subsection (4) (suspended orders) and subsection

(5) (appeals).

(4)   

If the order is suspended under section 22, the order becomes operative at the

time when the suspension ends.

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This is subject to subsection (5).

(5)   

If an appeal is brought against the order under Part 3 of Schedule 2, the order

does not become operative until such time (if any) as is the operative time for

the purposes of this subsection under paragraph 14 of that Schedule (time

when order is confirmed on appeal, period for further appeal expires or

20

suspension ends).

(6)   

If no appeal against a prohibition order is made under that Part of that

Schedule within the period for appealing against it, the order is final and

conclusive as to matters which could have been raised on an appeal.

(7)   

Sections 584A and 584B of the Housing Act 1985 (c. 68) provide for the

25

payment of compensation where certain prohibition orders become operative,

and for the repayment of such compensation in certain circumstances.

24      

Revocation and variation of prohibition orders

(1)   

The local housing authority must revoke a prohibition order if at any time they

are satisfied that the hazard in respect of which the order was made does not

30

then exist on the residential premises specified in the order in accordance with

section 21(2)(b).

(2)   

The local housing authority may revoke a prohibition order if—

(a)   

in the case of an order made under section 19, they consider that there

are any special circumstances making it appropriate to revoke the

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order; or

(b)   

in the case of an order made under section 20, they consider that it is

appropriate to do so.

(3)   

Where a prohibition order relates to a number of hazards—

(a)   

subsection (1) is to be read as applying separately in relation to each of

40

those hazards, and

(b)   

if, as a result, the authority are required to revoke only part of the order,

they may vary the remainder as they consider appropriate.

(4)   

The local housing authority may vary a prohibition order—

 

 

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

17

 

(a)   

with the agreement of every person on whom copies of the notice were

required to be served under Part 1 of Schedule 2, or

(b)   

in the case of an order whose operation is suspended, so as to alter the

time or events by reference to which the suspension is to come to an

end.

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(5)   

A revocation under this section comes into force at the time when it is made.

(6)   

If it is made with the agreement of every person within subsection (4)(a), 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

10

paragraph 15 of Schedule 2 (time when period for appealing expires without

an appeal being made or when decision to revoke or vary is confirmed on

appeal).

(8)   

The power to revoke or vary a prohibition order under this section is

exercisable by the authority either—

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(a)   

on an application made by a person on whom a copy of the order was

required to be served under Part 1 of Schedule 2, or

(b)   

on the authority’s own initiative.

25      

Review of suspended prohibition orders

(1)   

The local housing authority may at any time review a prohibition order whose

20

operation is suspended.

(2)   

The local housing authority must review a prohibition order whose operation

is suspended not later than one year after the date on which the order was

made 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

25

served on every person on whom a copy of the order was required to be served

under Part 1 of Schedule 2.

26      

Service of copies of prohibition orders etc. and related appeals

Schedule 2 (which deals with the service of copies of prohibition orders, and

notices relating to their revocation or variation, and with related appeals) has

30

effect.

Hazard awareness notices

27      

Hazard awareness notices relating to category 1 hazards: duty of authority to

serve notice

(1)   

If—

35

(a)   

the local housing authority are satisfied that a category 1 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,

   

serving a hazard awareness notice under this section in respect of the hazard

40

is a course of action available to the authority in relation to the hazard for the

 

 

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

18

 

purposes of section 5 (category 1 hazards: general duty to take enforcement

action).

(2)   

A hazard awareness notice under this section is a notice advising the person on

whom it is served of the existence of a category 1 hazard on the residential

premises concerned which arises as a result of a deficiency on the premises in

5

respect of which the notice is served.

(3)   

The notice may be served in respect 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 be served in respect of the dwelling or

HMO;

10

(b)   

if those premises are one or more flats, it may be served in respect of the

building containing the flat or flats (or any part of the building) or any

external common parts;

(c)   

if those premises are the common parts of a building containing one or

more flats, it may be served in respect of the building (or any part of the

15

building) or any external common parts.

Paragraphs (b) and (c) are subject to subsection (4).

(4)   

The notice may not, by virtue of subsection (3)(b) or (c), be served in respect 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

20

satisfied—

(a)   

that the deficiency from which the hazard arises is situated there, and

(b)   

that it is desirable for the notice to be so served in the interests of the

health or safety of any actual or potential occupiers of one or more of

the flats.

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(5)   

A notice 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 flats.

(6)   

A notice under this section must specify, in relation to the hazard (or each of

the hazards) to which it relates—

(a)   

the nature of the hazard and the residential premises on which it exists,

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(b)   

the deficiency giving rise to the hazard,

(c)   

the premises on which the deficiency exists,

(d)   

the authority’s reasons for deciding to serve the notice, including their

reasons for deciding that serving the notice is the most appropriate

course of action, and

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(e)   

details of the remedial action (if any) which the authority consider that

it would be practicable and appropriate to take in relation to the

hazard.

(7)   

Part 1 of Schedule 1 (which relates to the service of improvement notices and

copies of such notices) applies to a notice under this section as if it were an

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improvement notice.

(8)   

For that purpose, any reference in that Part of that Schedule to “the specified

premises” is, in relation to a hazard awareness notice under this section, a

reference to the premises specified under subsection (6)(c).

 

 

 
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