- Latest available (Revised)
- Point in Time (18/01/2005)
- Original (As enacted)
No versions valid at: 18/01/2005
Point in time view as at 18/01/2005. This version of this part contains provisions that are not valid for this point in time.
Housing Act 2004,
Part 4
is up to date with all changes known to be in force on or before 07 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 06/04/2006
26(1)A relevant person may appeal to a residential property tribunal against—E+W
(a)a decision of the local housing authority to make a final EDMO,
(b)the terms of a final EDMO (including the terms of the management scheme contained in it), or
(c)the terms of an interim EDMO on the grounds that they do not provide for one or both of the matters mentioned in paragraph 5(5)(a) and (b) (which relate to payments of surplus rent etc.).
(2)Where an appeal is made under sub-paragraph (1)(c)—
(a)the appeal may be brought at any time while the order is in force (with the result that nothing in sub-paragraph (3) or paragraph 27 applies in relation to the appeal); and
(b)the powers of the residential property tribunal under paragraph 28 are limited to determining whether the order should be varied by the tribunal so as to include a term providing for the matter or matters in question, and (if so) what provision should be made by the term.
(3)If no appeal is brought under this paragraph in respect of a final EDMO within the time allowed by paragraph 27 for making such an appeal, the order is final and conclusive as to the matters which could have been raised on appeal.
Commencement Information
I1Sch. 7 para. 26 wholly in force at 16.6.2006; Sch. 7 para. 26 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 26 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 26 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
27(1)This paragraph applies in relation to an appeal under paragraph 26 in respect of a final EDMO.E+W
(2)Any such appeal must be made within the period of 28 days beginning with the date specified in the notice under paragraph 7(5) of Schedule 6 (as applied by section 136(5)) as the date on which the order was made.
(3)A residential property 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).
Commencement Information
I2Sch. 7 para. 27 wholly in force at 16.6.2006; Sch. 7 para. 27 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 27 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 27 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
28(1)This paragraph applies to an appeal to a residential property tribunal under paragraph 26 in respect of an interim EDMO or a final EDMO.E+W
(2)The appeal—
(a)is to be by way of a re-hearing, but
(b)may be determined having regard to matters of which the authority were unaware.
(3)The tribunal may—
(a)in the case of an interim EDMO, vary the order as mentioned in paragraph 26(2)(b), or
(b)in the case of a final EDMO, confirm or vary the order or revoke it as from the date of the tribunal’s order.
Commencement Information
I3Sch. 7 para. 28 wholly in force at 16.6.2006; Sch. 7 para. 28 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 28 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 28 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
29(1)This paragraph defines “the operative time” for the purposes of paragraph 9(2).
(2)If no appeal is made under paragraph 26 before the end of the period of 28 days mentioned in paragraph 27(2), “the operative time”is the end of that period.
(3)If an appeal is made under paragraph 26 before the end of that period, and a decision is given on the appeal which confirms the order, “the operative time”is as follows—
(a)if the period within which an appeal to the Lands Tribunal may be brought expires without such an appeal having been brought, “the operative time” is the end of that period;
(b)if an appeal to the Lands Tribunal is brought, “the operative time” is the time when a decision is given on the appeal which confirms the order.
(4)For the purposes of sub-paragraph (3)—
(a)the withdrawal of an appeal has the same effect as a decision which confirms the order, and
(b)references to a decision which confirms the order are to a decision which confirms it with or without variation.
Commencement Information
I4Sch. 7 para. 29 wholly in force at 16.6.2006; Sch. 7 para. 29 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 29 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 29 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
30E+WA relevant person may appeal to a residential property tribunal against—
(a)a decision of a local housing authority to vary or revoke an interim EDMO or a final EDMO, or
(b)a refusal of a local housing authority to vary or revoke an interim EDMO or a final EDMO.
Commencement Information
I5Sch. 7 para. 30 wholly in force at 16.6.2006; Sch. 7 para. 30 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 30 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 30 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
31(1)This paragraph applies in relation to an appeal under paragraph 30 against a decision to vary or revoke, or (as the case may be) to refuse to vary or revoke, an interim EDMO or a final EDMO.E+W
(2)Any such appeal must be made before the end of the period of 28 days beginning with the date specified in the notice under paragraph 11, 16, 19 or 22 of Schedule 6 (as applied by paragraph 8 or 17 of this Schedule (as the case may be)) as the date on which the decision concerned was made.
(3)A residential property 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).
Commencement Information
I6Sch. 7 para. 31 wholly in force at 16.6.2006; Sch. 7 para. 31 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 31 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 31 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
32(1)This paragraph applies to an appeal to a residential property tribunal under paragraph 30 against a decision to vary or revoke, or (as the case may be) to refuse to vary or revoke, an interim EDMO or final EDMO.E+W
(2)The appeal—
(a)is to be by way of a re-hearing, but
(b)may be determined having regard to matters of which the authority were unaware.
(3)The tribunal may confirm, reverse or vary the decision of the local housing authority.
(4)If the appeal is against a decision of the authority to refuse to revoke the order, the tribunal may make an order revoking the order as from a date specified in its order.
Commencement Information
I7Sch. 7 para. 32 wholly in force at 16.6.2006; Sch. 7 para. 32 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 32 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 32 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
33(1)This paragraph defines “the operative time” for the purposes of—
(a)paragraph 6(2) or 7(3) (variation or revocation of interim EDMO), or
(b)paragraph 15(2) or 16(3) (variation or revocation of final EDMO).
(2)If no appeal is made under paragraph 30 before the end of the period of 28 days mentioned in paragraph 31(2), “the operative time”is the end of that period.
(3)If an appeal is made under paragraph 30 before the end of that period, and a decision is given on the appeal which confirms the variation or revocation, “the operative time”is as follows—
(a)if the period within which an appeal to the Lands Tribunal may be brought expires without such an appeal having been brought, “the operative time” is the end of that period;
(b)if an appeal to the Lands Tribunal is brought, “the operative time” is the time when a decision is given on the appeal which confirms the variation or revocation.
(4)For the purposes of sub-paragraph (3)—
(a)the withdrawal of an appeal has the same effect as a decision which confirms the variation or revocation appealed against; and
(b)references to a decision which confirms a variation are to a decision which confirms it with or without variation.
Commencement Information
I8Sch. 7 para. 33 wholly in force at 16.6.2006; Sch. 7 para. 33 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 33 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 33 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
34(1)This paragraph applies where a local housing authority have made a decision under section 136(4) or 138(3) as to whether compensation should be paid to a third party in respect of any interference with his rights in consequence of a final EDMO.E+W
(2)The third party may appeal to a residential property tribunal against—
(a)a decision by the authority not to pay compensation to him, or
(b)a decision of the authority so far as relating to the amount of compensation that should be paid.
Commencement Information
I9Sch. 7 para. 34 wholly in force at 16.6.2006; Sch. 7 para. 34 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 34 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 34 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
35(1)This paragraph applies in relation to an appeal under paragraph 34 against a decision of a local housing authority not to pay compensation to a third party or as to the amount of compensation to be paid.E+W
(2)Any such appeal must be made—
(a)where the decision is made before the final EDMO is made, within the period of 28 days beginning with the date specified in the notice under paragraph 7(5) of Schedule 6 (as applied by section 136(5)) as the date on which the order was made, or
(b)in any other case, within the period of 28 days beginning with the date the authority notifies the third party under section 138(4).
(3)A residential property 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 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).
Commencement Information
I10Sch. 7 para. 35 wholly in force at 16.6.2006; Sch. 7 para. 35 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 35 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 35 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
36(1)This paragraph applies in relation to an appeal under paragraph 34 against a decision of a local housing authority not to pay compensation to a third party or as to the amount of compensation to be paid.E+W
(2)The appeal—
(a)is to be by way of re-hearing, but
(b)may be determined having regard to matters of which the authority were unaware.
(3)The tribunal may confirm, reverse or vary the decision of the local housing authority.
(4)Where the tribunal reverses or varies the decision of the authority, it must make an order varying the management scheme contained in the final EDMO accordingly.
Commencement Information
I11Sch. 7 para. 36 wholly in force at 16.6.2006; Sch. 7 para. 36 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 36 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 36 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
37E+WIn this Part of this Schedule “relevant person” means any person who has an estate or interest in the dwelling (other than a person who is a tenant under a lease granted under paragraph 2(3)(c) or 10(3)(c)).
Commencement Information
I12Sch. 7 para. 37 wholly in force at 16.6.2006; Sch. 7 para. 37 not in force at Royal Assent see s. 270(4)(5); Sch. 7 para. 37 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 7 para. 37 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: