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Housing Bill


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

177

 

      (2)  

Any appeal under paragraph 13 must be made within the period of 28 days

beginning with the date specified in the notice under paragraph 6 or 8 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

5

there is a good reason for the failure to appeal before the end of that period

(and for any delay since then in applying for permission to appeal out of

time).

Powers of residential property tribunal on appeal under paragraph 10

15    (1)  

This paragraph applies to an appeal to a residential property tribunal under

10

paragraph 10.

      (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.

15

      (3)  

The tribunal may by order confirm, quash or vary the improvement notice.

      (4)  

Paragraphs 16 and 17 make special provision in connection with the

grounds of appeal set out in paragraphs 11 and 12.

16    (1)  

This paragraph applies where the grounds of appeal consist of or include

that set out in paragraph 11.

20

      (2)  

On the hearing of the appeal the tribunal may—

(a)   

vary the improvement notice so as to require the action to be taken

by any owner mentioned in the notice of appeal in accordance with

paragraph 11; or

(b)   

make such order as it considers appropriate with respect to the

25

payment to be made by any such owner to the appellant or, where

the action is taken by the local housing authority, to the authority.

      (3)  

In the exercise of its powers under sub-paragraph (2), the tribunal must take

into account, as between the appellant and any such owner—

(a)   

their relative interests in the premises concerned (considering both

30

the nature of the interests and the rights and obligations arising

under or by virtue of them);

(b)   

their relative responsibility for the state of the premises which gives

rise to the need for the taking of the action concerned; and

(c)   

the relative degree of benefit to be derived from the taking of the

35

action concerned.

      (4)  

Sub-paragraph (5) applies where, by virtue of the exercise of the tribunal’s

powers under sub-paragraph (2), a person other than the appellant is

required to take the action specified in an improvement notice.

      (5)  

So long as that other person remains an owner of the premises to which the

40

notice relates, he is to be regarded for the purposes of this Part as the person

on whom the notice was served (in place of any other person).

17    (1)  

This paragraph applies where the grounds of appeal consist of or include

that set out in paragraph 12.

      (2)  

When deciding whether one of the courses of action mentioned in paragraph

45

12(2) is the best course of action in relation to a particular hazard, the

 

 

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

178

 

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

179

 

“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

180

 

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

181

 

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

182

 

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

183

 

      (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.

 

 

 
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