PART 3Remedial action
Duty of local housing authority to serve a remedial notice5.
(1)
Where a local housing authority has reasonable grounds to believe that, in relation to premises situated within its area, a relevant landlord is in breach of one or more of the duties under regulation 4(1), the authority must serve a remedial notice on the landlord.
(2)
A remedial notice must—
(a)
specify the premises to which the notice relates;
(b)
specify the duty or duties that the local housing authority considers the landlord is failing or has failed to comply with;
(c)
specify the remedial action the local housing authority considers should be taken;
(d)
require the landlord to take that action within 28 days beginning with the day on which the notice is served;
(e)
explain that the landlord is entitled to make written representations against the notice within 28 days beginning with the day on which the notice is served;
(f)
specify the person to whom, and the address (including if appropriate any email address) at which, any representations may be sent; and
(g)
explain the effect of regulations 6, 7 and 8, including the maximum penalty charge which a local housing authority may impose.
(3)
The local housing authority must serve a remedial notice within 21 days beginning with the day on which the authority decides it has reasonable grounds under paragraph (1).
F1(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under paragraph (4) is to withdraw the remedial notice, inform the landlord in writing that the remedial notice is withdrawn,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.
Duty of relevant landlord to comply with a remedial notice6.
(1)
F2Subject to paragraph (1A), where a remedial notice is served on a landlord who is in breach of one or more of the duties under regulation 4(1), the landlord must take the remedial action specified in the notice within the period specified in regulation 5(2)(d).
F3(1A)
Where—
(a)
a remedial notice has been suspended following representations being made, and
(b)
the local housing authority has notified the landlord in accordance with regulation 5(6) that the remedial notice is confirmed,
the landlord must take the remedial action specified in the remedial notice (as amended if amendments have been made) within 21 days beginning with the day on which the landlord is informed that the suspension under regulation 5(5) ceases to have effect.
(2)
F6(3)
For the purposes of paragraph (2), where the landlord is prevented from entering the premises to which the duty under paragraph (1) or (1A) relates by a tenant or occupier of the premises, the landlord will not be considered to have failed to have taken all reasonable steps to comply with the duty under paragraph (1) or (1A) solely by reason of a failure to bring legal proceedings with a view to securing entry to the premises.
Duty of local housing authority to arrange remedial action7.
(1)
Where a local housing authority is satisfied, on the balance of probabilities, that a landlord on whom it has served a remedial notice is in breach of the duty under regulation 6(1) F7or (1A), the authority must, if the necessary consent is given, arrange for an authorised person to take the remedial action specified in the remedial notice.
(2)
The local housing authority must ensure the authorised person takes the remedial action within 28 days beginning with the day on which the authority is first satisfied under paragraph (1).
(3)
An authorised person must—
(a)
give not less than 48 hours’ notice of the remedial action to the occupier of the premises on which it is to be taken; and
(b)
if required to do so by or on behalf of the landlord or occupier, produce evidence of identity and authority.
(4)
In paragraph (1) “the necessary consent” means the consent of the occupier of the premises on which the remedial action is to be taken.
(5)
A local housing authority is not to be taken to be in breach of a duty under this regulation where the authority can show it has taken all reasonable steps F8... to comply with the duty.
F9(6)
For the purposes of paragraph (5), where an authorised person is prevented from entering the premises to which the duty under this regulation relates by a landlord, tenant or occupier of the premises, the local housing authority will not be considered to have failed to have taken all reasonable steps to comply with the duty under this regulation solely by reason of a failure to bring legal proceedings with a view to securing entry to the premises.