# The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, Regulation 5: Duty of local housing authority to serve a remedial notice

Extent: E+W

(1) Where a local housing authority has reasonable grounds to believe that, in relation to premises situated within its area, a relevant landlord is in breach of one or more of the duties under regulation 4(1), the authority must serve a remedial notice on the landlord.
(2) A remedial notice must—
(a) specify the premises to which the notice relates;
(b) specify the duty or duties that the local housing authority considers the landlord is failing or has failed to comply with;
(c) specify the remedial action the local housing authority considers should be taken;
(d) require the landlord to take that action within 28 days beginning with the day on which the notice is served;
(e) explain that the landlord is entitled to make written representations against the notice within 28 days beginning with the day on which the notice is served;
(f) specify the person to whom, and the address (including if appropriate any email address) at which, any representations may be sent; and
(g) explain the effect of regulations 6, 7 and 8, including the maximum penalty charge which a local housing authority may impose.
(3) The local housing authority must serve a remedial notice within 21 days beginning with the day on which the authority decides it has reasonable grounds under paragraph (1).
(4) The local housing authority must consider any representations made by the landlord within the period specified in paragraph (2)(e).
(5) Where the landlord makes such written representations the remedial notice is suspended from the beginning of the day following the day on which the representations were received until the local housing authority has complied with paragraphs (4) and (6).
(6) The local housing authority must—
(a) where the outcome of the consideration under paragraph (4) is to confirm the remedial notice, inform the landlord in writing that the remedial notice is confirmed (with or without amendment as the case may be) and the suspension under paragraph (5) ceases to have effect,
(b) where the outcome of the consideration under paragraph (4) is to withdraw the remedial notice, inform the landlord in writing that the remedial notice is withdrawn,
within 7 days beginning with the day on which the period specified in paragraph (2)(e) expires.
(7) Where the local housing authority fails to inform the landlord in writing as required by paragraph (6) within the 7 days determined in accordance with that paragraph, the remedial notice served is deemed to be withdrawn.

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Source: https://www.legislation.gov.uk/uksi/2015/1693/regulation/5 (the official version)
Page: https://openlegislation.uk/smoke-and-carbon-monoxide-alarm-england-regulations-2015/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.