This entry is part 3 of 4 in the series Housing Health and Safety Rating System

If a local authority find a category 1 hazard (the more serious hazard) in a property, they must take some form of action. If they find a category 2 hazard, they may take action. The available courses of action are as follows:

Category 1 Hazards

  • Serve an Improvement notice under section 11 Housing Act 2004
  • Issue a prohibition order under section 20 Housing Act 2004
  • Serve a hazard awareness notice under section 28 Housing Act 2004
  • Commence emergency remedial action under section 40 Housing Act 2004
  • Issue an emergency prohibition order under section 43 Housing Act 2004

In extreme cases they may also issue a demolition order or slum clearance

Category 2 Hazards

  • Serve an Improvement notice under section 12 Housing Act 2004
  • Issue a prohibition order under section 21 Housing Act 2004
  • Serve a hazard awareness notice under section 29 Housing Act 2004

Note: Next to each option is the section under which it is served. For example, an improvement notice based upon a category 2 hazard is served under section 12. If an improvement notice is served under section 11 in relation to a category 2 hazard, this error will be fatal to the notice. (most authorities when serving improvement notices now quote both sections to get round this problem).

Service of the notice or order

Basically all notices or orders must be served in the same way and on the same persons. Where a property has an HMO licence, the notice or order must be served on the licence holder. Where there is no licence, service must be on ... Please login or signup to continue reading this content

Series Navigation<< Calculating a Hazard||LACORS Fire Safety Guidance to be Used in HHSRS Assessments >>

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