Housing Act 2004
2004 c. 34
An Act to make provision about housing conditions; to regulate houses in multiple occupation and certain other residential accommodation; to make provision for home information packs in connection with the sale of residential properties; to make provision about secure tenants and the right to buy; to make provision about mobile homes and the accommodation needs of gypsies and travellers; to make other provision about housing; and for connected purposes.
[18th November 2004]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 New system for assessing housing conditions and enforcing housing standards
(1) This Part provides—
(a) for a new system of assessing the condition of residential premises, and
(b) for that system to be used in the enforcement of housing standards in relation to such premises.
(2) The new system—
(a) operates by reference to the existence of category 1 or category 2 hazards on residential premises (see section 2), and
(b) replaces the existing system based on the test of fitness for human habitation contained in section 604 of the Housing Act 1985 (c. 68).
(3) The kinds of enforcement action which are to involve the use of the new system are—
(a) the new kinds of enforcement action contained in Chapter 2 (improvement notices, prohibition orders and hazard awareness notices),
(b) the new emergency measures contained in Chapter 3 (emergency remedial action and emergency prohibition orders), and
(c) the existing kinds of enforcement action dealt with in Chapter 4 (demolition orders and slum clearance declarations).
(4) In this Part “residential premises” means—
(a) a dwelling;
(b) an HMO;
(c) unoccupied HMO accommodation;
(d) any common parts of a building containing one or more flats.
(5) In this Part—
“building containing one or more flats” does not include an HMO;
“common parts”, in relation to a building containing one or more flats, includes—
the structure and exterior of the building, and
common facilities provided (whether or not in the building) for persons who include the occupiers of one or more of the flats;
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling;
“external common parts”, in relation to a building containing one or more flats, means common parts of the building which are outside it;
“flat” means a separate set of premises (whether or not on the same floor)—
which forms part of a building,
which is constructed or adapted for use for the purposes of a dwelling, and
either the whole or a material part of which lies above or below some other part of the building;
“HMO” means a house in multiple occupation as defined by sections 254 to 259, as they have effect for the purposes of this Part (that is, without the exclusions contained in Schedule 14);
“unoccupied HMO accommodation” means a building or part of a building constructed or adapted for use as a house in multiple occupation but for the time being either unoccupied or only occupied by persons who form a single household.
(6) In this Part any reference to a dwelling, an HMO or a building containing one or more flats includes (where the context permits) any yard, garden, outhouses and appurtenances belonging to, or usually enjoyed with, the dwelling, HMO or building (or any part of it).
(7) The following indicates how this Part applies to flats—
(a) references to a dwelling or an HMO include a dwelling or HMO which is a flat (as defined by subsection (5)); and
(b) subsection (6) applies in relation to such a dwelling or HMO as it applies in relation to other dwellings or HMOs (but it is not to be taken as referring to any common parts of the building containing the flat).
(8) This Part applies to unoccupied HMO accommodation as it applies to an HMO, and references to an HMO in subsections (6) and (7) and in the following provisions of this Part are to be read accordingly.
(9) But unoccupied HMO accommodation is “qualifying residential premises” for the purposes of this Part only to the extent provided for by section 2B(1)(c).
2 Meaning of “category 1 hazard” and “category 2 hazard”
(1) In this Act—
“category 1 hazard” means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score of or above a prescribed amount;
“category 2 hazard” means a hazard of a prescribed description which falls within a prescribed band as a result of achieving, under a prescribed method for calculating the seriousness of hazards of that description, a numerical score below the minimum amount prescribed for a category 1 hazard of that description; and
“hazard” means any risk of harm to the health or safety of an actual or potential occupier of a dwelling or HMO which arises from a deficiency in the dwelling or HMO or in any building or land in the vicinity (whether the deficiency arises as a result of the construction of any building, an absence of maintenance or repair, or otherwise).
(2) In subsection (1)—
“prescribed” means prescribed by regulations made by the appropriate national authority (see section 261(1)); and
“prescribed band” means a band so prescribed for a category 1 hazard or a category 2 hazard, as the case may be.
(3) Regulations under this section may, in particular, prescribe a method for calculating the seriousness of hazards which takes into account both the likelihood of the harm occurring and the severity of the harm if it were to occur.
(4) In this section—
“building” includes part of a building;
“harm” includes temporary harm.
(5) In this Act “health” includes mental health.
(1) The following are “qualifying residential premises” for the purposes of this Part—
(a) a dwelling or HMO in England—
(i) which is let under a relevant tenancy, or
(ii) which is supported exempt accommodation,
except where the dwelling or HMO is social housing and the landlord under the tenancy, or the provider of the accommodation, is a registered provider of social housing,
(b) an HMO in England where at least one unit of accommodation which forms part of the HMO is let on a relevant tenancy, except where the unit is social housing and the landlord under the tenancy is a registered provider of social housing,
(c) a building or part of a building constructed or adapted for use as a house in multiple occupation if—
(i) it is for the time being only occupied by persons who form a single household, and
(ii) the accommodation which those persons occupy is let under a relevant tenancy or is supported exempt accommodation,
except where the accommodation which those persons occupy is social housing and the landlord under the tenancy, or the provider of the supported exempt accommodation, is a registered provider of social housing,
(d) any accommodation falling within paragraph (e) of the definition of “residential premises” in section 1(4) (homelessness), except where the accommodation is social housing and the provider of the accommodation is a registered provider of social housing, and
(e) any common parts of a building in England containing one or more flats falling within paragraph (a), (b), (c) or (d) of this subsection.
(2) In this Part—
“relevant tenancy” means—
an assured tenancy within the meaning of the Housing Act 1988,
an assured agricultural occupancy within the meaning of Part 1 of that Act, or
a regulated tenancy within the meaning of the Rent Act 1977;
“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008;
“supported exempt accommodation” has the same meaning as in the Supported Housing (Regulatory Oversight) Act 2023 (see section 12 of that Act).
(3) The Secretary of State may by regulations amend this section so as to change the meaning of “relevant tenancy” so as to add or remove a particular kind of—
(a) tenancy that is periodic or granted for a term of less than 21 years, or
(b) licence to occupy.
(4) Before making regulations under subsection (3), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
3 Local housing authorities to review housing conditions in their districts
(1) A local housing authority must keep the housing conditions in their area under review with a view to identifying any action that may need to be taken by them under any of the provisions mentioned in subsection (2).
(2) The provisions are—
(a) the following provisions of this Act—
(i) this Part,
(ii) Part 2 (licensing of HMOs),
(iii) Part 3 (selective licensing of other houses), and
(iv) Chapters 1 and 2 of Part 4 (management orders);
(b) Part 9 of the Housing Act 1985 (c. 68) (demolition orders and slum clearance);
(c) Part 7 of the Local Government and Housing Act 1989 (c. 42) (renewal areas); and
(d) article 3 of the Regulatory Reform (Housing Assistance) (England and Wales) Order 2002 (S.I. 2002/1860).
(3) For the purpose of carrying out their duty under subsection (1) a local housing authority and their officers must—
(a) comply with any directions that may be given by the appropriate national authority, and
(b) keep such records, and supply the appropriate national authority with such information, as that authority may specify.
4 Inspections by local housing authorities to see whether category 1 or 2 hazards exist
(1) If a local housing authority consider—
(a) as a result of any matters of which they have become aware in carrying out their duty under section 3, or
(b) for any other reason,
that it would be appropriate for any residential premises in their district to be inspected with a view to determining whether any category 1 or 2 hazard exists on those premises, the authority must arrange for such an inspection to be carried out.
(2) If an official complaint about the condition of any residential premises in the district of a local housing authority is made to the proper officer of the authority, and the circumstances complained of indicate—
(a) that any category 1 or category 2 hazard may exist on those premises, or
(b) that an area in the district should be dealt with as a clearance area,
the proper officer must inspect the premises or area.
(3) In this section “an official complaint” means a complaint in writing made by—
(a) a justice of the peace having jurisdiction in any part of the district, or
(b) the parish or community council for a parish or community within the district.
(4) An inspection of any premises under subsection (1) or (2)—
(a) is to be carried out in accordance with regulations made by the appropriate national authority; and
(b) is to extend to so much of the premises as the local housing authority or proper officer (as the case may be) consider appropriate in the circumstances having regard to any applicable provisions of the regulations.
(5) Regulations under subsection (4) may in particular make provision about—
(a) the manner in which, and the extent to which, premises are to be inspected under subsection (1) or (2), and
(b) the manner in which the assessment of hazards is to be carried out.
(6) Where an inspection under subsection (2) has been carried out and the proper officer of a local housing authority is of the opinion—
(a) that a category 1 or 2 hazard exists on any residential premises in the authority’s district, or
(b) that an area in their district should be dealt with as a clearance area,
the officer must, without delay, make a report in writing to the authority which sets out his opinion together with the facts of the case.
(7) The authority must consider any report made to them under subsection (6) as soon as possible.
5 Category 1 hazards: general duty to take enforcement action
(1) If a local housing authority consider that a category 1 hazard exists on any residential premises, they must take the appropriate enforcement action in relation to the hazard.
(2) In subsection (1) “the appropriate enforcement action” means whichever of the following courses of action is indicated by subsection (3) or (4)—
(a) serving an improvement notice under section 11;
(b) making a prohibition order under section 20;
(c) serving a hazard awareness notice under section 28;
(d) taking emergency remedial action under section 40;
(e) making an emergency prohibition order under section 43;
(f) making a demolition order under subsection (1) or (2) of section 265 of the Housing Act 1985 (c. 68);
(g) declaring the area in which the premises concerned are situated to be a clearance area by virtue of section 289(2) of that Act.
(3) If only one course of action within subsection (2) is available to the authority in relation to the hazard, they must take that course of action.
(4) If two or more courses of action within subsection (2) are available to the authority in relation to the hazard, they must take the course of action which they consider to be the most appropriate of those available to them.
(5) The taking by the authority of a course of action within subsection (2) does not prevent subsection (1) from requiring them to take in relation to the same hazard—
(a) either the same course of action again or another such course of action, if they consider that the action taken by them so far has not proved satisfactory, or
(b) another such course of action, where the first course of action is that mentioned in subsection (2)(g) and their eventual decision under section 289(2F) of the Housing Act 1985 means that the premises concerned are not to be included in a clearance area.
(6) To determine whether a course of action mentioned in any of paragraphs (a) to (g) of subsection (2) is “available” to the authority in relation to the hazard, see the provision mentioned in that paragraph.
(7) Section 6 applies for the purposes of this section.
6 Category 1 hazards: how duty under section 5 operates in certain cases
(1) This section explains the effect of provisions contained in subsection (2) of section 5.
(2) In the case of paragraph (b) or (f) of that subsection, the reference to making an order such as is mentioned in that paragraph is to be read as a reference to making instead a determination under section 300(1) or (2) of the Housing Act 1985 (c. 68) (power to purchase for temporary housing use) in a case where the authority consider the latter course of action to be the better alternative in the circumstances.
(3) In the case of paragraph (d) of that subsection, the authority may regard the taking of emergency remedial action under section 40 followed by the service of an improvement notice under section 11 as a single course of action.
(4) In the case of paragraph (e) of that subsection, the authority may regard the making of an emergency prohibition order under section 43 followed by the service of a prohibition order under section 20 as a single course of action.
(5) In the case of paragraph (g) of that subsection—
(a) any duty to take the course of action mentioned in that paragraph is subject to the operation of subsections (2B) to (4) and (5B) of section 289 of the Housing Act 1985 (procedural and other restrictions relating to slum clearance declarations); and
(b) that paragraph does not apply in a case where the authority have already declared the area in which the premises concerned are situated to be a clearance area in accordance with section 289, but the premises have been excluded by virtue of section 289(2F)(b).
6A Financial penalties relating to category 1 hazards or type 1 requirements
(1) This section applies where—
(a) a local housing authority is required by section 5(1) to take the appropriate enforcement action in relation to—
(i) the existence of a category 1 hazard on qualifying residential premises other than the common parts of a building containing one or more flats, or
(ii) a failure by qualifying residential premises other than the common parts of a building containing one or more flats to meet a type 1 requirement, and
(b) in the opinion of the local housing authority it would have been reasonably practicable for the responsible person to secure the removal of the hazard or the meeting of the requirement.
(2) When first taking that action, the local housing authority may also impose on the responsible person a financial penalty under this section in relation to the hazard or failure.
(3) In subsections (1) and (2), “the responsible person” is the person on whom an improvement notice may be served in accordance with paragraphs A1 to 4 of Schedule 1 in relation to the hazard or failure.
(4) For the purposes of subsection (3)—
(a) it is to be assumed that serving such a notice in relation to the hazard or failure is a course of action available to the authority, and
(b) any reference in paragraphs A1 to 4 of Schedule 1 to “the specified premises” is, in relation to the imposition of a financial penalty under this section, to be read as a reference to the premises specified in the final notice in accordance with paragraph 8(c) of Schedule A1.
(5) In subsection (4)(b), “final notice” has the meaning given by paragraph 6 of Schedule A1.
(6) The amount of the penalty is to be determined by the authority but must not be more than £7,000.
(7) A penalty under this section may relate to—
(a) more than one category 1 hazard on the same premises,
(b) more than one failure to meet type 1 requirements by the same premises, or
(c) any combination of such hazards or failures on or by the same premises.
(8) The Secretary of State may by regulations amend the amount specified in subsection (6) to reflect changes in the value of money.
(9) Schedule A1 makes provision about—
(a) the procedure for imposing a financial penalty under this section,
(b) appeals against financial penalties under this section,
(c) enforcement of financial penalties under this section, and
(d) how local housing authorities are to deal with the proceeds of financial penalties under this section.
7 Category 2 hazards: powers to take enforcement action
(1) The provisions mentioned in subsection (2) confer power on a local housing authority to take particular kinds of enforcement action in cases where they consider that a category 2 hazard exists on residential premises.
(2) The provisions are—
(a) section 12 (power to serve an improvement notice),
(b) section 21 (power to make a prohibition order),
(c) section 29 (power to serve a hazard awareness notice),
(d) section 265(3) and (4) of the Housing Act 1985 (power to make a demolition order), and
(e) section 289(2ZB) of that Act (power to make a slum clearance declaration).
(3) The taking by the authority of one of those kinds of enforcement action in relation to a particular category 2 hazard does not prevent them from taking either—
(a) the same kind of action again, or
(b) a different kind of enforcement action,
in relation to the hazard, where they consider that the action taken by them so far has not proved satisfactory.
(1) This section applies where a local housing authority decide to take one of the kinds of enforcement action mentioned in section 5(2) or 7(2) (“the relevant action”).
(2) The authority must prepare a statement of the reasons for their decision to take the relevant action.
(3) Those reasons must include the reasons why the authority decided to take the relevant action rather than any other kind (or kinds) of enforcement action available to them under the provisions mentioned in section 5(2) or 7(2).
(4) A copy of the statement prepared under subsection (2) must accompany every notice, copy of a notice, or copy of an order which is served in accordance with—
(a) Part 1 of Schedule 1 to this Act (service of improvement notices etc.),
(b) Part 1 of Schedule 2 to this Act (service of copies of prohibition orders etc.), or
(c) section 268 of the Housing Act 1985 (service of copies of demolition orders),
in or in connection with the taking of the relevant action.
(5) In subsection (4)—
(a) the reference to Part 1 of Schedule 1 to this Act includes a reference to that Part as applied by section 28(7) or 29(7) (hazard awareness notices) or to section 40(7) (emergency remedial action); and
(b) the reference to Part 1 of Schedule 2 to this Act includes a reference to that Part as applied by section 43(4) (emergency prohibition orders).
(6) If the relevant action consists of declaring an area to be a clearance area, the statement prepared under subsection (2) must be published—
(a) as soon as possible after the relevant resolution is passed under section 289 of the Housing Act 1985, and
(b) in such manner as the authority consider appropriate.
9 Guidance about inspections and enforcement action
(1) The appropriate national authority may give guidance to local housing authorities about exercising—
(a) their functions under this Chapter in relation to the inspection of premises and the assessment of hazards,
(b) their functions under Chapter 2 of this Part in relation to improvement notices, prohibition orders or hazard awareness notices,
(c) their functions under Chapter 3 in relation to emergency remedial action and emergency prohibition orders, or
(d) their functions under Part 9 of the Housing Act 1985 (c. 68) in relation to demolition orders and slum clearance.
(1A) The Secretary of State may give guidance to local housing authorities in England about exercising their functions under this Chapter in relation to—
(a) assessing whether qualifying residential premises meet the requirements specified by regulations under section 2A, or
(b) financial penalties.
(2) A local housing authority must have regard to any guidance for the time being given under this section.
(3) The appropriate national authority may give different guidance for different cases or descriptions of case or different purposes (including different guidance to different descriptions of local housing authority or to local housing authorities in different areas).
(4) Before giving guidance under this section, or revising guidance already given, the Secretary of State must lay a draft of the proposed guidance or alterations before each House of Parliament.
(5) The Secretary of State must not give or revise the guidance before the end of the period of 40 days beginning with the day on which the draft is laid before each House of Parliament (or, if copies are laid before each House of Parliament on different days, the later of those days).
(6) The Secretary of State must not proceed with the proposed guidance or alterations if, within the period of 40 days mentioned in subsection (5), either House resolves that the guidance or alterations be withdrawn.
(7) Subsection (6) is without prejudice to the possibility of laying a further draft of the guidance or alterations before each House of Parliament.
(8) In calculating the period of 40 days mentioned in subsection (5), no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
10 Consultation with fire and rescue authorities in certain cases
(1) This section applies where a local housing authority—
(a) are satisfied that a prescribed fire hazard exists in an HMO or in any common parts of a building containing one or more flats, and
(b) intend to take in relation to the hazard one of the kinds of enforcement action mentioned in section 5(2) or section 7(2).
(2) Before taking the enforcement action in question, the authority must consult the fire and rescue authority for the area in which the HMO or building is situated.
(3) In the case of any proposed emergency measures, the authority’s duty under subsection (2) is a duty to consult that fire and rescue authority so far as it is practicable to do so before taking those measures.
(4) In this section—
“emergency measures” means emergency remedial action under section 40 or an emergency prohibition order under section 43;
“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 (c. 21);
“prescribed fire hazard” means a category 1 or 2 hazard which is prescribed as a fire hazard for the purposes of this section by regulations under section 2.
11 Improvement notices relating to category 1 hazards: duty of authority to serve notice
(1) If—
(a) the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and
(b) no management order is in force in relation to the premises under Chapter 1 or 2 of 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).
(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 13.
(3) The notice may require remedial action to be taken in relation to 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 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 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.
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—
(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.
(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 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 14.
(8) In this Part “remedial action”, in relation to a hazard, means action (whether in the form of carrying out works or otherwise) which, in the opinion of the local housing authority, will remove or reduce the hazard.
12 Improvement notices relating to category 2 hazards: power of authority to serve notice
(1) If—
(a) the local housing authority are satisfied that a category 2 hazard exists on any residential premises, and
(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,
the authority may serve an improvement notice under this section in respect of 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 13.
(3) Subsections (3) and (4) of section 11 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.
(5) An improvement notice under this section may be combined in one document with a notice under section 11 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 14.
(1) An improvement notice under section 11 or 12 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—
(a) whether the notice is served under section 11 or 12,
(b) the nature of the hazard and the residential premises on which it exists,
(c) the deficiency giving rise to the hazard,
(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 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
(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.
(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.
(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—
(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 suspended under this section—
(a) any periods specified in the notice under section 13 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 after that on which the suspension ends.
(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 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 14, the notice becomes operative at the 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 when notice is confirmed on appeal, period for further appeal expires or suspension ends).
(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 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—
(a) in the case of a notice served under section 11, they consider that there are any special circumstances making it appropriate to revoke the notice; or
(b) in the case of a notice served under section 12, 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
(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 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 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).
(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.
(1) The local housing authority may at any time review an improvement notice 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 served—
(a) on the person on whom the improvement notice was served, and
(b) on every other person on whom a copy of the notice was required to be served.
18 Service of improvement notices etc. and related appeals
Schedule 1 (which deals with the service of improvement notices, and notices relating to their revocation or variation, and with related appeals) has effect.
19 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 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 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—
(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.
(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.
(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.
(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
(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.
20 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 on any residential premises, and
(b) no management order is in force in relation to the premises under Chapter 1 or 2 of 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 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 22.
(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 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).
(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
(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.
(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 23.
21 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
(b) no management order is in force in relation to the premises under Chapter 1 or 2 of 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 prohibitions on the use of any premises as is or are specified in the order in accordance with subsection (3) and section 22.
(3) Subsections (3) and (4) of section 20 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 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 20 where they impose prohibitions on the use of the same premises or on the use of premises 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 23.
(1) A prohibition order under section 20 or 21 must comply with the following 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 20 or 21,
(b) the nature of the hazard concerned and the residential premises on 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 relation to the hazard, result in their revoking the order under section 25.
(3) The order may impose such prohibition or prohibitions on the use of any premises as—
(a) comply with section 20(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—
(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 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.
(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 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,
(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 the appropriate 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.
(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.
(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.
(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 undertaking.
(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 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 23, the order becomes operative at the time when the suspension ends.
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 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 payment of compensation where certain prohibition orders become operative, and for the repayment of such compensation in certain circumstances.
(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 then exist on the residential premises specified in the order in accordance with section 22(2)(b).
(2) The local housing authority may revoke a prohibition order if—
(a) in the case of an order made under section 20, they consider that there are any special circumstances making it appropriate to revoke the order; or
(b) in the case of an order made under section 21, 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 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—
(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.
(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 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—
(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.
(1) The local housing authority may at any time review a prohibition order whose 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 served on every person on whom a copy of the order was required to be served under Part 1 of Schedule 2.
27 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 effect.
28 Hazard awareness notices relating to category 1 hazards: duty of authority to serve notice
(1) If—
(a) the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and
(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,
serving a hazard awareness 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).
(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 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;
(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 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 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.
(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,
(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
(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 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).
29 Hazard awareness notices relating to category 2 hazards: power of authority to serve notice
(1) If—
(a) the local housing authority are satisfied that a category 2 hazard exists on any residential premises, and
(b) no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,
the authority may serve a hazard awareness notice under this section in respect of the hazard.
(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 2 hazard on the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.
(3) Subsections (3) and (4) of section 28 apply to a hazard awareness notice under this section as they apply to one under that section.
(4) A 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.
(5) 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,
(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
(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.
(6) A notice under this section may be combined in one document with a notice under section 28 where they are served in respect of the same premises.
(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 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 (5)(c).
30 Offence of failing to comply with improvement notice
(1) Where an improvement notice has become operative, the person on whom the notice was served commits an offence if he fails to comply with it.
(2) For the purposes of this Chapter compliance with an improvement notice means, in relation to each hazard, beginning and completing any remedial action specified in the notice—
(a) (if no appeal is brought against the notice) not later than the date specified under section 13(2)(e) and within the period specified under section 13(2)(f);
(b) (if an appeal is brought against the notice and is not withdrawn) not later than such date and within such period as may be fixed by the tribunal determining the appeal; and
(c) (if an appeal brought against the notice is withdrawn) not later than the 21st day after the date on which the notice becomes operative and within the period (beginning on that 21st day) specified in the notice under section 13(2)(f).
(3) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) In proceedings against a person for an offence under subsection (1) it is a defence that he had a reasonable excuse for failing to comply with the notice.
(5) The obligation to take any remedial action specified in the notice in relation to a hazard continues despite the fact that the period for completion of the action has expired.
(6) In this section any reference to any remedial action specified in a notice includes a reference to any part of any remedial action which is required to be completed within a particular period specified in the notice.
(7) See also section 249A (financial penalties as alternative to prosecution for certain housing offences in England).
(8) If a local housing authority has imposed a financial penalty on a person under section 249A in respect of conduct amounting to an offence under this section the person may not be convicted of an offence under this section in respect of the conduct.
31 Enforcement action by local housing authorities
Schedule 3 (which enables enforcement action in respect of an improvement notice to be taken by local housing authorities either with or without agreement and which provides for the recovery of related expenses) has effect.
32 Offence of failing to comply with prohibition order etc.
(1) A person commits an offence if, knowing that a prohibition order has become operative in relation to any specified premises, he—
(a) uses the premises in contravention of the order, or
(b) permits the premises to be so used.
(2) A person who commits an offence under subsection (1) is liable on summary conviction—
(a) to a fine not exceeding level 5 on the standard scale, and
(b) to a further fine not exceeding £20 for every day or part of a day on which he so uses the premises, or permits them to be so used, after conviction.
(3) In proceedings against a person for an offence under subsection (1) it is a defence that he had a reasonable excuse for using the premises, or (as the case may be) permitting them to be used, in contravention of the order.
33 Recovery of possession of premises in order to comply with order
Nothing in—
(a) the Rent Act 1977 (c. 42) or the Rent (Agriculture) Act 1976 (c. 80), ...
(b) Part 1 of the Housing Act 1988 (c. 50), or
(c) Part 9 of the Renting Homes (Wales) Act 2016 (anaw 1),
prevents possession being obtained by the owner of any specified premises in relation to which a prohibition order is operative if possession of the premises is necessary for the purpose of complying with the order.
(1) Subsection (2) applies where—
(a) a prohibition order has become operative, and
(b) the whole or part of any specified premises form the whole or part of the subject matter of a lease.
(2) The lessor or the lessee may apply to the appropriate tribunal for an order determining or varying the lease.
(3) On such an application the tribunal may make an order determining or varying the lease, if it considers it appropriate to do so.
(4) Before making such an order, the tribunal must give any sub-lessee an opportunity of being heard.
(5) An order under this section may be unconditional or subject to such terms and conditions as the tribunal considers appropriate.
(6) The conditions may, in particular, include conditions about the payment of money by one party to the proceedings to another by way of compensation, damages or otherwise.
(7) In deciding what is appropriate for the purposes of this section, the tribunal must have regard to the respective rights, obligations and liabilities of the parties under the lease and to all the other circumstances of the case.
(8) In this section “lessor” and “lessee” include a person deriving title under a lessor or lessee.
35 Power of court to order occupier or owner to allow action to be taken on premises
(1) This section applies where an improvement notice or prohibition order has become operative.
(2) If the occupier of any specified premises—
(a) has received reasonable notice of any intended action in relation to the premises, but
(b) is preventing a relevant person, or any representative of a relevant person or of the local housing authority, from taking that action in relation to the premises,
a magistrates' court may order the occupier to permit to be done on the premises anything which the court considers is necessary or expedient for the purpose of enabling the intended action to be taken.
(3) If a relevant person—
(a) has received reasonable notice of any intended action in relation to any specified premises, but
(b) is preventing a representative of the local housing authority from taking that action in relation to the premises,
a magistrates' court may order the relevant person to permit to be done on the premises anything which the court considers is necessary or expedient for the purpose of enabling the intended action to be taken.
(4) A person who fails to comply with an order of the court under this section commits an offence.
(5) In proceedings for an offence under subsection (4) it is a defence that the person had a reasonable excuse for failing to comply with the order.
(6) A person who commits an offence under subsection (4) is liable on summary conviction to a fine not exceeding £20 in respect of each day or part of a day during which the failure continues.
(7) In this section “intended action”, in relation to any specified premises, means—
(a) where an improvement notice has become operative, any action which the person on whom that notice has been served is required by the notice to take in relation to the premises and which—
(a) (in the context of subsection (2)) is proposed to be taken by or on behalf of that person or on behalf of the local housing authority in pursuance of Schedule 3, or
(b) (in the context of subsection (3)) is proposed to be taken on behalf of the local housing authority in pursuance of Schedule 3;
(b) where a prohibition order has become operative, any action which is proposed to be taken and which either is necessary for the purpose of giving effect to the order or is remedial action specified in the order in accordance with section 22(2)(e).
(8) In this section—
“relevant person”, in relation to any premises, means a person who is an owner of the premises, a person having control of or managing the premises, or the holder of any licence under Part 2 or 3 in respect of the premises;
“representative” in relation to a relevant person or a local housing authority, means any officer, employee, agent or contractor of that person or authority.
36 Power of court to authorise action by one owner on behalf of another
(1) Where an improvement notice or prohibition order has become operative, an owner of any specified premises may apply to a magistrates' court for an order under subsection (2).
(2) A magistrates' court may, on an application under subsection (1), make an order enabling the applicant—
(a) immediately to enter on the premises, and
(b) to take any required action within a period fixed by the order.
(3) In this section “required action” means—
(a) in the case of an improvement notice, any remedial action which is required to be taken by the notice;
(b) in the case of a prohibition order, any action necessary for the purpose of complying with the order or any remedial action specified in the order in accordance with section 22(2)(e).
(4) No order may be made under subsection (2) unless the court is satisfied that the interests of the applicant will be prejudiced as a result of a failure by another person to take any required action.
(5) No order may be made under subsection (2) unless notice of the application has been given to the local housing authority.
(6) If it considers that it is appropriate to do so, the court may make an order in favour of any other owner of the premises which is similar to the order that it is making in relation to the premises under subsection (2).
37 Effect of improvement notices and prohibition orders as local land charges
(1) An improvement notice or a prohibition order under this Chapter is a local land charge if subsection (2), (3) or (4) applies.
(2) This subsection applies if the notice or order has become operative.
(3) This subsection applies if—
(a) the notice or order is suspended under section 14 or 23, and
(b) the period for appealing against it under Part 3 of Schedule 1 or 2 has expired without an appeal having been brought.
(4) This subsection applies if—
(a) the notice or order is suspended under section 14 or 23,
(b) an appeal has been brought against it under Part 3 of Schedule 1 or 2, and
(c) were it not suspended—
(i) the notice would have become operative under section 15(5) by virtue of paragraph 19(2) of Schedule 1 (improvement notices: confirmation on appeal or expiry of period for further appeal), or
(ii) the order would have become operative under section 24(5) by virtue of paragraph 14(2) of Schedule 2 (prohibition orders: confirmation on appeal or expiry of period for further appeal).