Housing Act 1985

214 Service of improvement notice: dwellings in general improvement area or housing action area.

(1) If a local housing authority have served a provisional notice in respect of a dwelling under section 210(1) (dwellings in general improvement area or housing action area) and—

(a) no undertaking has yet been accepted in respect of the dwelling under section 211, or

(b) such an undertaking has been accepted but the case falls within subsection (4)(a) or (b) of that section (undertaking not carried out within allotted period or unlikely to be fulfilled),

the authority may, subject to the following provisions of this section, serve an improvement notice on the person having control of the dwelling.

(2) Before serving an improvement notice under this section the authority shall satisfy themselves—

(a) that the dwelling continues to be in a general improvement area or a housing action area,

(b) that the general conditions for service of an improvement notice in respect of the dwelling are still met,

(c) that the dwelling is not for the time being owner-occupied or that the circumstances specified in section 210(2) apply or still apply in relation to it (circumstances in which provisional order may be served in respect of owner-occupied dwelling), and

(d) that, if there is an occupying tenant, the housing arrangements are satisfactory or none are required or the tenant has unreasonably refused to enter into any such arrangements.

(3) An improvement notice may not be served—

(a) by virtue of subsection (1)(a) (no undertaking accepted) more than nine months after the service of the provisional notice, or

(b) by virtue of subsection (1)(b) (undertaking not fulfilled) more than six months after the expiry of the period specified in the undertaking, or such longer period as has been duly allowed by the authority, for the completion of the works.

(4) Where an authority serve an improvement notice under this section on the person having control of a dwelling, they shall at the time serve a copy of the notice on any occupying tenant of the dwelling and on every other person who, to the knowledge of the authority, is an owner, lessee or mortgagee of the dwelling,

(5) An improvement notice served under this section is a local land charge.