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The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

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Amendment of regulation 5: duty of local housing authority to serve a remedial notice

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6.  After regulation 5(3), insert—

“(4) The local housing authority must consider any representations made by the landlord within the period specified in paragraph (2)(e).

(5) Where the landlord makes such written representations the remedial notice is suspended from the beginning of the day following the day on which the representations were received until the local housing authority has complied with paragraphs (4) and (6).

(6) The local housing authority must—

(a)where the outcome of the consideration under paragraph (4) is to confirm the remedial notice, inform the landlord in writing that the remedial notice is confirmed (with or without amendment as the case may be) and the suspension under paragraph (5) ceases to have effect,

(b)where the outcome of the consideration under paragraph (4) is to withdraw the remedial notice, inform the landlord in writing that the remedial notice is withdrawn,

within 7 days beginning with the day on which the period specified in paragraph (2)(e) expires.

(7) Where the local housing authority fails to inform the landlord in writing as required by paragraph (6) within the 7 days determined in accordance with that paragraph, the remedial notice served is deemed to be withdrawn.”.

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