HHSRS - Suspending Notices
The decision to suspend the operation of an improvement notice or prohibition order is the responsibility of the Authority. An improvement notice becomes operative 21 days after service and a prohibition 28 days. The authority may suspend the operation if they consider it right and proper to do so. They may specify the action or event that triggers the end of the suspension.
The Factors
Suspension might be a factor where the occupants are not part of a vulnerable group. The Authority should however have regard of the likely turnover of tenants at the property and weigh the likelihood of a vulnerable person residing there. Suspension might be appropriate where enforcement can safely be postponed while a more strategic approach to area renewal is considered including where a landlord has a program of works to make his properties decent. It could also be appropriate where occupants reside on a seasonal basis such as student accommodation. It might be possible for the timing of the works to coincide with the vacancy of the building.
Authorities must take into account the trigger that they set for activation of the notice, it could be a change in occupancy where the occupant changes to one who is vulnerable to the hazard. The authority needs to know who is living in the property and therefore could set a reasonable trigger. The trigger that activates the notice must be specified in the notice and the notice could specify that the landlord keeps the Authority aware of who is residing at the property.
The authority must review suspended notices and orders not later than 12 months after the date the notice was served or the order was made. They can do so earlier and could activate the notice if necessary. The authority needs to have appropriate procedures in place to cater with the landlord who fails to inform of a change of circumstances.
The decision to suspend the operation of an improvement notice or prohibition order is the responsibility of the Authority. An improvement notice becomes operative 21 days after service and a prohibition 28 days. The authority may suspend the operation if they consider it right and proper to do so. They may specify the action or event that triggers the end of the suspension.
The Factors
Suspension might be a factor where the occupants are not part of a vulnerable group. The Authority should however have regard of the likely turnover of tenants at the property and weigh the likelihood of a vulnerable person residing there. Suspension might be appropriate where enforcement can safely be postponed while a more strategic approach to area renewal is considered including where a landlord has a program of works to make his properties decent. It could also be appropriate where occupants reside on a seasonal basis such as student accommodation. It might be possible for the timing of the works to coincide with the vacancy of the building.
Authorities must take into account the trigger that they set for activation of the notice, it could be a change in occupancy where the occupant changes to one who is vulnerable to the hazard. The authority needs to know who is living in the property and therefore could set a reasonable trigger. The trigger that activates the notice must be specified in the notice and the notice could specify that the landlord keeps the Authority aware of who is residing at the property.
The authority must review suspended notices and orders not later than 12 months after the date the notice was served or the order was made. They can do so earlier and could activate the notice if necessary. The authority needs to have appropriate procedures in place to cater with the landlord who fails to inform of a change of circumstances.
