Appealing Enforcement Action
A ppealing enforcement action is available to a landlord, provided there are ground to appeal, and the appeal is brought in time.
The recipient may make an appeal to the First-tier Tribunal (Property Chamber) against an improvement notice or a prohibition order. An appeal against an improvement notice could include an appeal on the merits of the works required by the notice.
The time limit, starting from when the notice or order is served, is:
- 21 days in the case of an improvement notice[1]
- 28 days in the case of a prohibition order[2]
- 28 days in the case of emergency measures.[3]
The Tribunal has the power to extend that period where it is satisfied that there is good reason for failure to appeal within the time limit.[4]
The Tribunal may confirm, quash or vary an improvement notice.[5] There is no need for a suggested course of action to be irrational before a Tribunal may vary a notice – it may do so in any case where it is satisfied that one method of rectifying a hazard is preferable to another.
There is also a right of appeal to the First-tier Tribunal (Property Chamber against the making of a demolition order. The appeal must be made within 28 days of the service of the order.[6]
A hazard awareness notice cannot be appealed.
[1] Part 3 Sch.1 Housing Act 2004.
[2] Part 3 Sch.2 Housing Act 2004.
[4] para 14(3) Part 3 Sch.1 Housing Act 2004; para 10(3) Part 3 Sch.2 Housing Act 2004; s.45(4) Housing Act 2004.
[5] Sch.1 para 15 Housing Act 2004; see also Wood v Kingston upon Hull CC [2017] EWCA Civ 364.
[6] s.269 Housing Act 1985, as amended by s.48 Housing Act 2004.
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