Arrangement of Clauses (Contents)

London Local Authorities Bill—continued


 

back to previous text

SCHEDULE 2

Section 15

APPEALS RELATING TO MANAGEMENT NOTICES

Appeals against management notices

1 (1)The person on whom a management notice is served under section 12, or any other person who is a freeholder, lessee or mortgagee of the specified premises, may appeal to a residential property tribunal against the notice.
(2)The appeal may be on any of the following grounds—
(a)that the condition of the specified premises did not justify the local housing authority in requiring the taking of the remedial action specified in the notice;
(b)that there has been some informality, defect or error in or in connection with, the notice;
(c)that the authority have refused unreasonably to approve the taking of alternative remedial action, or that the remedial action required by the notice to be taken is otherwise unreasonable in character or extent, or is unnecessary;
(d)that the date specified for the beginning of the remedial action is not reasonable;
(e)that the time within which the remedial action is to be taken is not reasonably sufficient for the purpose;
(f)that some other person is wholly or partly responsible for the state of affairs calling for the taking of the remedial action, or will as the holder of an estate or interest in the premises derive a benefit from their taking and ought to pay the whole or a part of the expenses of executing them.
2 (1)In so far as an appeal is based on the ground mentioned in paragraph 1(2)(b), the tribunal shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
(2)Where the grounds on which an appeal is brought include the ground specified in paragraph 1(2)(f), the appellant shall serve a copy of his notice of appeal on each other person referred to, and on the hearing of the appeal the tribunal may make such order as it thinks fit with respect to the payment to be made by any such other person to the appellant or, where the remedial action is taken by the local housing authority, to the authority.

Time limit for appeal

3 (1)Any appeal under this Schedule must be made within the period of 21 days beginning with the date on which the notice or copy of the management notice was served under section 12.
(2)A residential property tribunal may allow an appeal to be made to it after the end of the period mentioned in sub-paragraph (1) if it is satisfied that 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

4 (1)An appeal under this Schedule—
(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.
(2)The tribunal may by order confirm, quash or vary the management notice served under section 12.
5 (1)This paragraph applies where the grounds of appeal consist of or include that set out in paragraph 1(2)(f).
(2)On the hearing of an appeal to which this paragraph applies the tribunal may—
(a)vary the notice so as to require the action to be taken by any owner mentioned in the notice of appeal in accordance with paragraph 1; or
(b)make such order as it considers appropriate with respect to the 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 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 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 a management notice.
(5)So long as that other person remains an owner of the premises to which the notice relates, he is to be regarded for the purposes of this section as the person on whom the notice was served (in place of any other person).

The "operative time" for the purposes of section 14(4)

6 (1)This paragraph defines "the operative time" for the purposes of section 14(4) (operation of management notices).
(2)If an appeal is made under paragraph 1 against a management notice, 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;
(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.
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2007
Prepared 4 December 2007