Paragraph 6
England and Wales
A person aggrieved by a demand for the recovery of expenses, . . . F1, may within 21 days of the service of the demand or copy, . . . appeal to the county court.
Where the demand for recovery of expenses relates to works carried out by virtue of section 193(2A), it shall be a ground of appeal that, at the time the local housing authority gave notice under section 194 of their intention to enter and do the works, reasonable progress was being made towards compliance with the repair notice.
Where the demand for recovery of expenses relates to works carried out by virtue of subsection (3) of section 375, it shall be a ground of appeal that, at the time the local housing authority served notice under subsection (3A) of that section, reasonable progress was being made towards compliance with the notice in question.
On an appeal the court may make such order either confirming, quashing or varying the demand . . . F4 as it thinks fit.
A demand . . . against which an appeal is brought becomes operative, so far as it is confirmed on appeal, on the final determination of the appeal; and the withdrawal of an appeal has for this purpose the same effect as a decision dismissing the appeal.
No question may be raised on appeal under this paragraph which might have been raised on an appeal against the relevant notice.
Annotations
Textual amendments
- F1
Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(4), Sch. 12 Pt. II
- F2
Sch. 10 para. 6(1A) inserted by Housing Act 1988 (c. 50, SIF 61), s. 130(1)(3), Sch. 15 para. 13(3)
- F3
Sch. 10 para. 6(1B) inserted by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 165(1)(c), Sch. 9 Pt. III para. 70(3)
- F4
Words repealed by Local Government and Housing Act 1989 (c. 42, SIF 61), s. 194(4), Sch. 12 Pt. II
Notes on Schedule 10
Textual amendments
- F1
Sch. 10 repealed (6.4.2006 for E. and 16.6.2006 for W.) by Housing Act (c. 34), ss. 266, 270(4)(5), {Sch. 16}; S.I. 2006/1060, art. 2(1)(e)(v) (with Sch.); S.I. 2006/1535, art. 2(c)(v) (with Sch.) (certain of the repeal(s) being subject to temp. savings in S.I. 2007/1904, (for E.) regs. 1(2), {13} (1.10.2007) and S.I. 2007/3231, (for W.) regs. 1(2), {13} (5.12.2007))