Housing Act 1985

353 Appeal against notice under s. 352. E+W

(1) A person on whom a notice is served under section 352 (notice requiring works to render premises fit for number of occupants), or any other person who is an owner, lessee or mortgagee of the premises to which the notice relates, may, within 21 days from the service of the notice or such longer period as the local housing authority may in writing allow, appeal to the county court.

(2) The appeal may be on any of the following grounds—

(a) that the condition of the premises did not justify the authority, having regard to the [F1 requirements set out in subsection (1A)] of that section, in requiring the execution of the works specified in the notice;

(b) in the case of a notice under subsection (2)(b) of that section (notice requiring works to render premises fit for smaller number of occupants), that the number of individuals or households, or both, specified in the notice is unreasonably low;

(c) that there has been some informality, defect or error in, or in connection with, the notice;

(d) that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;

[F2 (dd) that the date specified for the beginning of the works is not reasonable]

(e) that the time within which the works are to be executed is not reasonably sufficient for the purpose; or

(f) that some other person is wholly or partly responsible for the state of affairs calling for the execution of the works, or will as holder of an estate or interest in the premises derive a benefit from their execution, and ought to pay the whole or a part of the expenses of executing them.

(3) In so far as an appeal is based on the ground mentioned in subsection (2)(c) the court shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.

(4) If on an appeal the court is satisfied that—

(a) the number of persons living in the premises has been reduced, and

(b) adequate steps have been taken (by the exercise of the local housing authority’s powers under section 354 (power to limit number of occupants of house) or otherwise) to prevent that number being again increased.

the court may if it thinks fit revoke the notice or vary the list or works specified in the notice.

(5) Where the grounds on which an appeal is brought include the ground mentioned in subsection (2)(f), the court, if satisfied that the other person referred to in the notice of appeal has had proper notice of the appeal, may on the hearing of the appeal make such order as it thinks fit with respect to payment to be made by him to the appelant or, where the works are executed by the local housing authority, to the authority.

[F3 (6) Where the court allows an appeal under this section or makes an order under subsection (5), it may make such order as it thinks fit reducing, quashing or requiring the repayment of any charge under section 352A made in respect of the notice to which the appeal relates.]

Textual Amendments

F1 Words substituted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 51(a)

F2 S. 353(2)(dd) inserted by Local Government and Housing Act 1989 (c.42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 51(b)

F3 S. 353(6) inserted (1.10.1996 for specified purposes otherwise 3.3.1997) by 1996 c. 52, s. 72(2) (with s. 72(3)); S.I. 1996/2402, art. 4; S.I. 1997/350, art. 2

Modifications etc. (not altering text)

C1 S. 353(2) extended (3.3.1997) by S.I. 1997/227, art. 3