Regulation 4 Duty of council to serve a remedial notice
Where the council has reasonable grounds to believe that, a landlord has failed to comply with one or more of the duties under regulation 3(1)(a), (1)(b), (1)(c), (4), (5) and (6), and the most recent report under regulation 3(3)(a) does not indicate that urgent remedial action is required, the council must serve a remedial notice on the landlord.
A remedial notice must—
specify the dwelling-house to which the notice relates;
specify the duty or duties that the council considers the landlord has failed to comply with;
specify the remedial action the council considers should be taken;
require the landlord to take that action within 28 days beginning with the day on which the notice is served;
explain that the landlord is entitled to make written representations against the notice within 21 days beginning with the day on which the notice is served;
specify the person to whom, and the address (including if appropriate any email address) to which, any representations may be sent; and
explain the effects of regulation 12.
The council must serve a remedial notice within 21 days beginning with the day on which the council decides it has reasonable grounds under paragraph (1).
A copy of the remedial notice must be sent to the tenant who to the council’s knowledge occupies the dwelling-house.
The council must consider any representations duly made as envisaged by paragraph (2)(e) and (f).
Where a landlord makes written representations the remedial notice is suspended until the council has complied with paragraphs (5) and (7).
The council must—
inform the landlord in writing of the outcome of the consideration under paragraph (5) within 7 days beginning with the day on which the period under paragraph (2)(e) expires; and
where the outcome of the consideration under paragraph (5) is that remedial notice is confirmed, inform the landlord in writing that the remedial notice is confirmed and the suspension under paragraph (6) ceases to have effect.
The council may withdraw the remedial notice at any time.