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Housing Bill


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

8

 

(c)   

the London Fire and Emergency Planning Authority; or

(d)   

a county council acting as the fire authority for its area under

section 4 of the Fire Services Act 1947 (c. 41);

   

“prescribed fire hazard” means a Category 1 or 2 hazard which is

prescribed as a fire hazard for the purposes of this section by

5

regulations under section 2.

Chapter 2

Improvement notices, prohibition orders and hazard awareness notices

Improvement notices

10      

Improvement notices relating to category 1 hazards: duty of authority to serve

10

notice

(1)   

If—

(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

15

premises under Part 4,

   

serving an improvement notice under this section in respect of the hazard is a

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

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

action).

20

(2)   

An improvement notice under this section is a notice requiring the person on

whom it is served to take such remedial action in respect of the hazard

concerned as is specified in the notice in accordance with subsections (3) to (5)

and section 12.

(3)   

The notice may require remedial action to be taken in relation to the following

25

premises—

(a)   

if the residential premises on which the hazard exists are a dwelling or

HMO which is not a flat, it may require such action to be taken in

relation to the dwelling or HMO;

(b)   

if those premises are one or more flats, it may require such action to be

30

taken in relation to 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 require such action to be taken in relation to the

building (or any part of the building) or any external common parts.

35

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

(4)   

The notice may not, by virtue of subsection (3)(b) or (c), require any remedial

action to be taken in relation to 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 satisfied—

40

(a)   

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

(b)   

that it is necessary for the action to be so taken in order to protect the

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

the flats.

 

 

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

9

 

(5)   

The remedial action required to be taken by the notice —

(a)   

must, as a minimum, be such as to ensure that the hazard ceases to be

a category 1 hazard; but

(b)   

may extend beyond such action.

(6)   

An improvement notice under this section may relate to more than one

5

category 1 hazard on the same premises or in the same building containing one

or more flats.

(7)   

The operation of an improvement notice under this section may be suspended

in accordance with section 13.

(8)   

In this Part “remedial action”, in relation to a hazard, means action (whether in

10

the form of carrying out works or otherwise) which, in the opinion of the local

housing authority, will remove or reduce the hazard.

11      

Improvement notices relating to category 2 hazards: power of authority to

serve notice

(1)   

If—

15

(a)   

the local housing authority are satisfied that a category 2 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,

   

the authority may serve an improvement notice under this section in respect of

20

the hazard.

(2)   

An improvement notice under this section is a notice requiring the person on

whom it is served to take such remedial action in respect of the hazard

concerned as is specified in the notice in accordance with subsection (3) and

section 12.

25

(3)   

Subsections (3) and (4) of section 10 apply to an improvement notice under this

section as they apply to one under that section.

(4)   

An improvement notice under this section may relate to more than one

category 2 hazard on the same premises or in the same building containing one

or more flats.

30

(5)   

An improvement notice under this section may be combined in one document

with a notice under section 10 where they require remedial action to be taken

in relation to the same premises.

(6)   

The operation of an improvement notice under this section may be suspended

in accordance with section 13.

35

12      

Contents of improvement notices

(1)   

An improvement notice under section 10 or 11 must comply with the following

provisions of this section.

(2)   

The notice must specify, in relation to the hazard (or each of the hazards) to

which it relates—

40

(a)   

whether the notice is served under section 10 or 11,

(b)   

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

(c)   

the deficiency giving rise to the hazard,

 

 

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

10

 

(d)   

the premises in relation to which remedial action is to be taken in

respect of the hazard and the nature of that remedial action,

(e)   

the date when the remedial action is to be started (see subsection (3)),

and

(f)   

the period within which the remedial action is to be completed or the

5

periods within which each part of it is to be completed.

(3)   

The notice may not require any remedial action to be started earlier than the

28th day after that on which the notice is served.

(4)   

The notice must contain information about—

(a)   

the right of appeal against the decision under Part 3 of Schedule 1, and

10

(b)   

the period within which an appeal may be made.

(5)   

In this Part of this Act “specified premises”, in relation to an improvement

notice, means premises specified in the notice, in accordance with subsection

(2)(d), as premises in relation to which remedial action is to be taken in respect

of the hazard.

15

13      

Suspension of improvement notices

(1)   

An improvement notice may provide for the operation of the notice to be

suspended until a time, or the occurrence of an event, specified in the notice.

(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.

20

(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 the person on whom the notice is served.

(4)   

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

an act or omission by the person on whom the notice is served—

25

(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

undertaking.

(5)   

If an improvement notice does provide for the operation of the notice to be

30

suspended under this section—

(a)   

any periods specified in the notice under section 12 are to be fixed by

reference to the day when the suspension ends, and

(b)   

in subsection (3) of that section the reference to the 28th day after that

on which the notice is served is to be read as referring to the 21st day

35

after that on which the suspension ends.

14      

Revocation and variation of improvement notices

(1)   

The local housing authority must revoke an improvement notice if they are

satisfied that the requirements of the notice have been complied with.

(2)   

The local housing authority may revoke an improvement notice if—

40

(a)   

in the case of a notice served under section 10, they consider that there

are any special circumstances making it appropriate to revoke the

notice; or

 

 

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

11

 

(b)   

in the case of a notice served under section 11, they consider that it is

appropriate to revoke the notice.

(3)   

Where an improvement notice relates to a number of hazards—

(a)   

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

those hazards, and

5

(b)   

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

notice, they may vary the remainder as they consider appropriate.

(4)   

The local housing authority may vary an improvement notice—

(a)   

with the agreement of the person on whom the notice was served, or

(b)   

in the case of a notice whose operation is suspended, so as to alter the

10

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

end.

(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 the person on whom the improvement

notice was served, a variation under this section comes into force at the time

15

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

paragraph 20 of Schedule 1 (time when period for appealing expires without

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

20

(8)   

The power to revoke or vary an improvement notice under this section is

exercisable by the authority either—

(a)   

on an application made by the person on whom the improvement

notice was served, or

(b)   

on the authority’s own initiative.

25

15      

Operation of improvement notices

(1)   

This section deals with the time when an improvement notice becomes

operative.

(2)   

The general rule is that an improvement notice becomes operative at the end of

the period of 21 days beginning with the day on which it is served under Part

30

1 of Schedule 1 (which is the period for appealing against the notice under Part

3 of that Schedule).

(3)   

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

(5) (appeals).

(4)   

If the notice is suspended under section 13, the notice becomes operative at the

35

time when the suspension ends.

This is subject to subsection (5).

(5)   

If an appeal against the notice is made under Part 3 of Schedule 1, the notice

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

the purposes of this subsection under paragraph 19 of that Schedule (time

40

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

suspension ends).

 

 

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

12

 

(6)   

If no appeal against an improvement notice is made under that Part of that

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

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

16      

Review of suspended improvement notices

(1)   

The local housing authority may at any time review an improvement notice

5

whose operation is suspended.

(2)   

The local housing authority must review an improvement notice whose

operation is suspended not later than one year after the date of service of the

notice 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

10

served—

(a)   

on the person on whom the improvement notice was served, and

(b)   

every other person on whom a copy of the notice was required to be

served.

17      

Service of improvement notices etc. and related appeals

15

Schedule 1 (which deals with the service of improvement notices, and notices

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

18      

Change in person liable to comply with improvement notice

(1)   

This section applies where—

(a)   

an improvement notice has been served on any person (“the original

20

recipient”) in respect of any premises, and

(b)   

at a later date (“the changeover date”) that person ceases to be a person

of the relevant category in respect of the premises.

(2)   

In subsection (1) the reference to a person ceasing to be a “person of the

relevant category” is a reference to his ceasing to fall within the description of

25

person (such as, for example, the holder of a licence under Part 2 or 3 or the

person managing a dwelling) by reference to which the improvement notice

was served on him.

(3)   

As from the changeover date, the liable person in respect of the premises is to

be in the same position as if—

30

(a)   

the improvement notice had originally been served on him, and

(b)   

he had taken all steps relevant for the purposes of this Part which the

original recipient had taken.

(4)   

The effect of subsection (3) is that, in particular, any period for compliance with

the notice or for bringing any appeal is unaffected.

35

(5)   

But where the original recipient has become subject to any liability arising by

virtue of this Part before the changeover date, subsection (3) does not have the

effect of—

(a)   

relieving him of the liability, or

(b)   

making the new liable person subject to it.

40

(6)   

Subsection (3) applies with any necessary modifications where a person to

whom it applies (by virtue of any provision of this section) ceases to be the

liable person in respect of the premises.

 

 

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

13

 

(7)   

Unless subsection (8) or (9) applies, the person who is at any time the “liable

person” in respect of any premises is the person having control of the premises.

(8)   

If—

(a)   

the original recipient was served as the person managing the premises,

and

5

(b)   

there is a new person managing the premises as from the changeover

date,

   

that new person is the “liable person”.

(9)   

If the original recipient was served as an owner of the premises, the “liable

person” is the owner’s successor in title on the changeover date.

10

Prohibition orders

19      

Prohibition orders relating to category 1 hazards: duty of authority to make

order

(1)   

If—

(a)   

the local housing authority are satisfied that a category 1 hazard exists

15

on any residential premises, and

(b)   

no interim or final management order is in force in relation to the

premises under Part 4,

   

making a prohibition order under this section in respect of the hazard is a

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

20

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

action).

(2)   

A prohibition order under this section is an order imposing such prohibition or

prohibitions on the use of any premises as is or are specified in the order in

accordance with subsections (3) and (4) and section 21.

25

(3)   

The order may prohibit use 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 prohibit use of the dwelling or HMO;

(b)   

if those premises are one or more flats, it may prohibit use of the

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

30

external common parts;

(c)   

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

more flats, it may prohibit use of the building (or any part of the

building) or any external common parts.

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

35

(4)   

The notice may not, by virtue of subsection (3)(b) or (c), prohibit use 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

satisfied—

(a)   

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

40

(b)   

that it is necessary for such use to be prohibited in order to protect the

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

the flats.

 

 

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

14

 

(5)   

A prohibition order 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)   

The operation of a prohibition order under this section may be suspended in

accordance with section 22.

5

20      

Prohibition orders relating to category 2 hazards: power of authority to make

order

(1)   

If—

(a)   

the local housing authority are satisfied that a category 2 hazard exists

on any residential premises, and

10

(b)   

no interim or final management order is in force in relation to the

premises under Part 4,

   

the authority may make a prohibition order under this section in respect of the

hazard.

(2)   

A prohibition order under this section is an order imposing such prohibition or

15

prohibitions on the use of any premises as is or are specified in the order in

accordance with subsection (3) and section 21.

(3)   

Subsections (3) and (4) of section 19 apply to a prohibition order under this

section as they apply to one under that section.

(4)   

A prohibition order under this section may relate to more than one category 2

20

hazard on the same premises or in the same building containing one or more

flats.

(5)   

A prohibition order under this section may be combined in one document with

an order under section 19 where they impose prohibitions on the use of the

same premises or on the use of premises in the same building containing one

25

or more flats.

(6)   

The operation of a prohibition order under this section may be suspended in

accordance with section 22.

21      

Contents of prohibition orders

(1)   

A prohibition order under section 19 or 20 must comply with the following

30

provisions of this section.

(2)   

The order must specify, in relation to the hazard (or each of the hazards) to

which it relates—

(a)   

whether the order is made under section 19 or 20,

(b)   

the nature of the hazard concerned and the residential premises on

35

which it exists,

(c)   

the deficiency giving rise to the hazard,

(d)   

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

(see subsections (3) and (4)), and

(e)   

any remedial action which the authority consider would, if taken in

40

relation to the hazard, result in their revoking the order under section

24.

(3)   

The order may impose such prohibition or prohibitions on the use of any

premises as—

 

 

 
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