Emergency actions
With all actions there is always a need at some point to do something quickly because there might be imminent danger. To that end emergency measures are available to authorities.
Emergency remedial action If--
(a) The local housing authority are satisfied that a category 1 hazard exists on any residential premises, and
(b) They are further satisfied that the hazard involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and
(c) No management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a),
the authority may enter the premises at any time to take emergency remedial action.
This power can only be used to remove the imminent risk of serious harm. It is a matter of judgment as to whether emergency action is required.
The authority must serve a notice of emergency remedial action within 7 days of taking the action. The notice must specify:
If -
(a) the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and
(b) they are further satisfied that the hazard involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and
(c) no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a),
they may make an emergency prohibition order under this section in respect of the hazard.
This is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).
The notice must specify:
A person who has been served with a notice of emergency remedial action can appeal against the action taken. But any person served with a notice might make an appeal against the order. Appeals are made to the residential property tribunal and must be made within 28 days of the date of the action or the date the order is made. (The work to resolve this might already have been done) The tribunal may extend this time if it thinks there is good reason to do so.
With all actions there is always a need at some point to do something quickly because there might be imminent danger. To that end emergency measures are available to authorities.
Emergency remedial action If--
(a) The local housing authority are satisfied that a category 1 hazard exists on any residential premises, and
(b) They are further satisfied that the hazard involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and
(c) No management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a),
the authority may enter the premises at any time to take emergency remedial action.
This power can only be used to remove the imminent risk of serious harm. It is a matter of judgment as to whether emergency action is required.
The authority must serve a notice of emergency remedial action within 7 days of taking the action. The notice must specify:
- The nature of the hazard and the residential premises on which it exist.
- The deficiency giving rise to the hazard.
- The premises in relation to which the emergency remedial action has been or is to be taken and the nature of the action.
- The power under which the action was or is to be taken.
- The date the action was or is to be started.
- The details of the methods of the rights of appeal.
If -
(a) the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and
(b) they are further satisfied that the hazard involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and
(c) no management order is in force under Chapter 1 or 2 of Part 4 in relation to the premises mentioned in paragraph (a),
they may make an emergency prohibition order under this section in respect of the hazard.
This is a course of action available to the authority in relation to the hazard for the purposes of section 5 (category 1 hazards: general duty to take enforcement action).
The notice must specify:
- The nature of the hazard and the residential premises on which it exists
- The premises in relation to which prohibitions are imposed
- Any remedial action which would result in the order being revoked
- The rights to appeal
A person who has been served with a notice of emergency remedial action can appeal against the action taken. But any person served with a notice might make an appeal against the order. Appeals are made to the residential property tribunal and must be made within 28 days of the date of the action or the date the order is made. (The work to resolve this might already have been done) The tribunal may extend this time if it thinks there is good reason to do so.
