Housing Act 2004

Appeal against improvement notice E+W

10 (1) The person on whom an improvement notice is served may appeal to [F1 the appropriate tribunal] against the notice. E+W

(2) Paragraphs 11 and 12 set out two specific grounds on which an appeal may be made under this paragraph, but they do not affect the generality of sub-paragraph (1).

Textual Amendments

F1 Words in Sch. 1 para. 10(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 181(a) (with Sch. 3)

Commencement Information

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

11 (1) An appeal may be made by a person under paragraph 10 on the ground that one or more other persons, as an owner or owners of the specified premises, ought to— E+W

(a) take the action concerned, or

(b) pay the whole or part of the cost of taking that action.

(2) Where the grounds on which an appeal is made under paragraph 10 consist of or include the ground mentioned in sub-paragraph (1), the appellant must serve a copy of his notice of appeal on the other person or persons concerned.

Commencement Information

I2 Sch. 1 wholly in force at 16.6.2006; Sch. 1 not in force at Royal Assent see s. 270(4)(5); Sch. 1 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 1 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. )

12 (1) An appeal may be made by a person under paragraph 10 on the ground that one of the courses of action mentioned in sub-paragraph (2) is the best course of action in relation to the hazard in respect of which the notice was served. E+W

(2) The courses of action are—

(a) making a prohibition order under section 20 or 21 of this Act;

(b) serving a hazard awareness notice under section 28 or 29 of this Act; and

(c) making a demolition order under section 265 of the Housing Act 1985 (c. 68).

Commencement Information

I3 Sch. 1 wholly in force at 16.6.2006; Sch. 1 not in force at Royal Assent see s. 270(4)(5); Sch. 1 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 1 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. )