Housing Act 2004

11 (1) A person on whom a demand for the recovery of expenses has been served may appeal to [F1 the appropriate tribunal] against the demand. E+W

(2) An appeal must be made within the period of 21 days beginning with the date of service of the demand or copy of it under paragraph 9.

(3) [F2 The appropriate tribunal] may allow an appeal to be made to it after the end of the period mentioned in sub-paragraph (2) if it is satisfied that there is a good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal out of time).

(4) Where the demand relates to action taken by virtue of paragraph 3(3), an appeal may be brought on the ground that reasonable progress was being made towards compliance with the improvement notice when the local housing authority gave notice under paragraph 4 of their intention to enter and take the action.

This does not affect the generality of sub-paragraph (1).

(5) The tribunal may, on an appeal, make such order confirming, quashing or varying the demand as it considers appropriate.

(6) A demand against which an appeal is brought becomes operative as follows—

(a) if a decision is given on the appeal which confirms the demand and the period within which an appeal to the [F3 Upper Tribunal] may be brought expires without such an appeal having been brought, the demand becomes operative at end of that period;

(b) if an appeal to the [F3 Upper Tribunal] is brought and a decision is given on the appeal which confirms the demand, the demand becomes operative at the time of that decision.

(7) For the purposes of sub-paragraph (6)—

(a) the withdrawal of an appeal has the same effect as a decision which confirms the demand, and

(b) references to a decision which confirms the demand are to a decision which confirms it with or without variation.

(8) No question may be raised on appeal under this paragraph which might have been raised on an appeal against the improvement notice.

Textual Amendments

F1 Words in Sch. 3 para. 11(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 183(a) (with Sch. 3)

F2 Words in Sch. 3 para. 11(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 183(b) (with Sch. 3)

F3 Words in Sch. 3 para. 11(6)(a)(b) substituted (1.6.2009) by Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307) , art. 5(1)(2) , Sch. 1 para. 280 (with Sch. 5 )

Commencement Information

I1 Sch. 3 wholly in force at 16.6.2006; Sch. 3 not in force at Royal Assent see s. 270(4)(5); Sch. 3 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 3 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. )