Housing Act 1985

212 Service of provisional notice: other dwellings.

(1) An occupying tenant of a dwelling which—

(a) is not in a general improvement area or a housing action area, and

(b) is without one or more of the standard amenities (whether or not it is also in a state of disrepair), and

(c) was provided (by erection or by the conversion of a building already in existence) before 3rd October 1961.

may make representations in writing to the local housing authority with a view to the exercise by the authority of their powers under this section.

(2) The authority shall notify the person having control of the dwelling of any such representations made to them.

(3) If on taking the representations into consideration the authority are satisfied that—

(a) the person making the representations is an occupying tenant of the dwelling in question,

(b) the general conditions for service of an improvement notice are met, and

(c) the dwelling ought to be improved to the full standard or, as the case may be, to the reduced standard and is unlikely to be so improved unless they exercise their powers under this section,

they shall either serve a provisional notice on the person having control of the dwelling or notify the occupying tenant of their decision not to do so and give him a written statement of their reasons for that decision.

(4) The authority may serve a provisional notice under this section and take any further steps authorised under the following provisions of this Part notwithstanding that—

(a) the occupying tenant quits the dwelling, or

(b) the authority pass a resolution declaring an area in which the dwelling is situated to be a general improvement area or housing action area.