Section 256 Revocation of HMO declarations

England and Wales

(1)

A local housing authority may revoke an HMO declaration served under section 255 at any time if they consider that subsection (2) of that section no longer applies to the building or part of the building in respect of which the declaration was served.

(2)

The power to revoke an HMO declaration is exercisable by the authority either—

(a)

on an application made by a relevant person, or

(b)

on the authority’s own initiative.

(3)

If, on an application by such a person, the authority decide not to revoke the HMO declaration, they must without delay serve on him a notice informing him of—

(a)

the decision,

(b)

the reasons for it and the date on which it was made,

(c)

the right to appeal against it under subsection (4), and

(d)

the period within which an appeal may be made under that subsection.

(4)

A person who applies to a local housing authority for the revocation of an HMO declaration under subsection (1) may appeal to F1the appropriate tribunal against a decision of the authority to refuse to revoke the notice.

The appeal must be made within the period of 28 days beginning with the date specified under subsection (3) as the date on which the decision was made.

(5)

Such an appeal—

(a)

is to be by way of a re-hearing, but

(b)

may be determined having regard to matters of which the authority were unaware.

(6)

The tribunal may—

(a)

confirm or reverse the decision of the authority, and

(b)

if it reverses the decision, revoke the HMO declaration.

Annotations

Textual amendments

F1: Words in s. 256(4) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 179 (with Sch. 3)