OpenLegislation

Regulation 11 Power of council to arrange urgent remedial action

Original text. Later amendments are not shown.

(1)

Where—

(a)

the report under regulation 3(3)(a) indicates that urgent remedial action is required in relation to the dwelling-house; and

(b)

the council is satisfied that a landlord is in breach of the duty under regulation 3(4) to undertake the required remedial or investigative work in relation to that dwelling-house within the period specified in the report,

the council may, with the consent of the tenant of the dwelling-house, arrange for an authorised person to take the urgent remedial action.

(2)

Subject to paragraph (5), the power of the council to arrange remedial action conferred by paragraph (1) may be exercised at any time.

(3)

The council must—

(a)

serve a notice on the landlord, and—

(b)

either—

(i)

serve a notice on every person who to the council’s knowledge is an occupier of the dwelling-house in relation to which the authorised person is taking urgent remedial action; or

(ii)

fix the notice to some conspicuous part of the dwelling-house,

within the period of the 7 days beginning with the day on which the authorised person commences the urgent remedial work.

(4)

The notice required by paragraph (3) must set out—

(a)

the nature of the urgent remedial action required;

(b)

the dwelling-house in relation to which that urgent remedial action was (or is being or is to be) taken by the council;

(c)

the power under which that urgent remedial action was (or is being or is to be) taken by the council;

(d)

the date when that urgent remedial action was (or is to be) started;

(e)

the right to appeal under regulation 7 against the decision of the council to take the urgent remedial action; and

(f)

the period within which an appeal may be made;

(g)

the effects of regulation 12.

(5)

An authorised person must—

(a)

give not less than 48 hours notice of the urgent remedial action to the tenant of the dwelling-house on which it is to be taken; and

(b)

if required to do so by the landlord or a tenant, produce evidence of identity and authority.

(6)

Regulation 7 applies to the taking of urgent remedial action as it applies to the taking of remedial action, except that—

(a)

an appeal under regulation 7(2) must (instead of being made in accordance with regulation 7(3)) be made within the period of 28 days beginning with the date specified in the notice, under paragraph (4)(d), as the date when the urgent remedial action was (or was to be) started; and

(b)

regulation 7(5) does not apply to urgent remedial action.