Housing Act 2004

112 Revocation of interim management orders E+W

(1) The local housing authority may revoke an interim management order in the following cases—

(a) if the order was made under section 102(2) or (3) and the house has ceased to be an HMO to which Part 2 applies or a Part 3 house (as the case may be);

(b) if the order was made under section 102(2) or (3) and a licence granted by them in respect of the house is due to come into force under Part 2 or Part 3 on the revocation of the order;

(c) if a final management order has been made by them in respect of the house so as to replace the order;

(d) if in any other circumstances the authority consider it appropriate to revoke the order.

(2) A revocation does not come into force until such time, if any, as is the operative time for the purposes of this subsection under paragraph 31 of Schedule 6 (time when period for appealing expires without an appeal being made or when decision to revoke is confirmed on appeal).

[F1 (2A) An interim management order may not be revoked under this section if—

(a) the immediate landlord is subject to a banning order under section 16 of the Housing and Planning Act 2016,

(b) there is in force an agreement which, under section 108, has effect as a lease or licence granted by the authority, and

(c) revoking the interim management order would cause the immediate landlord to breach the banning order because of the effect of section 130(2)(b).]

(3) The power to revoke an order under this section is exercisable by the authority either—

(a) on an application made by a relevant person, or

(b) on the authority’s own initiative.

(4) In this section “relevant person” means—

(a) any person who has an estate or interest in the house or part of it (but is not a tenant under a lease with an unexpired term of 3 years or less), or

(b) any other person who (but for the order) would be a person managing or having control of the house or part of it.

Textual Amendments

F1 S. 112(2A) inserted (6.4.2018) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 3 para. 6; S.I. 2018/393, reg. 2(b)

Commencement Information

I1 S. 112 wholly in force at 16.6.2006; s. 112 not in force at Royal Assent see s. 270(4)(5); s. 112 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); s. 112 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)