Housing Act 2004
2004 CHAPTER 34
Commentary on Sections
Part 1 - Housing Conditions
Chapter 1 - Enforcement of Housing Standards: General
Section 7: Category 2 hazards: power to take enforcement action
71.Section 7 lists the enforcement powers available to LHAs where a category 2 hazard exists on residential premises. Subsection (2) sets out the courses of action that available to the LHA:
to serve an improvement notice under section 12;
to make a prohibition order under section 21;
to serve a hazard awareness notice under section 29;
to make a demolition order under s265 (3) or (4) of the 1985 Act, but only in circumstances prescribed by the Secretary of State or, in relation to Wales, by the National Assembly for Wales;
to include the premises in the declaration of a clearance area under s289 (2ZB) of the 1985 Act, but only in circumstances so prescribed.
72.Subsection (3) makes clear that an LHA can take the same course or a different course of action if the action already taken has not proved satisfactory.
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