Citation and commencement

1. These Regulations may be cited as the Housing (Deferred Action and Charge for Enforcement Action) (Forms) Regulations 1996 and shall come into force on 17th December 1996.

Prescribed Forms

2. The forms set out in the Schedule to these Regulations, or forms substantially to the like effect, shall be the forms used for the following purposes of the Housing Grants, Construction and Regeneration Act 1996-

(1) Form 1 for a deferred action notice under sections 81 and 82 in respect of a dwelling-house or house in multiple occupation which is unfit;

(2) Form 2 for a deferred action notice under sections 81 and 82(2) in respect of premises containing an unfit flat;

(3) Forms 3 and 4, as appropriate, for a notice of a decision to renew a deferred action notice under section 84; and

(4) Form 5 for a demand for payment of a charge for enforcement action under sections 87 and 88.

SCHEDULE

NOTES TO FORMS 1 AND 2

Delete text in square brackets on the forms as appropriate.

(Statutory references are to the Housing Act 1985 ("the 1985 Act"), as amended by Schedule 15 to the Housing Act 1988 and Schedule 9 to the Local Government and Housing Act 1989, and the Housing Grants, Construction and Regeneration Act 1996 ("the 1996 Act")).

* [House in multiple occupation

A house in multiple occupation is a house (including any part of a building, such as a flat, which was originally constructed or subsequently adapted for occupation by a single household) which is occupied by persons who do not form a single household.]

(section 345 of the 1985 Act)

*Include this note, as appropriate, only where the notice relates to a house or flat in multiple occupation.

Right of appeal

If you do not agree with this notice you may appeal against it to the county court but you must do this within 21 days after the notice is served on you.

(section 83 of the 1996 Act)

For example, you may appeal

• if you think that the service of a repair notice under section 189(1) of the 1985 Act, or the making of a closing order under section 264 or a demolition order under section 265 of the 1985 Act is the most satisfactory course of action in respect of the premises. If you do so appeal, the court will have regard to guidance given by the Secretary of State under section 604A of the 1985 Act and section 85 of the 1996 Act.

Operation of notice

If there is not an appeal, the notice will become operative at the end of 21 days from the date it is served.

(section 81(3) of the 1996 Act)

If there is an appeal and the county court confirms the notice, it will not become operative until the period for appealing to the Court of Appeal expires without such an appeal being brought. If there is such a further appeal, the notice will not become operative until it is confirmed by the Court of Appeal.

(section 83(6) of the 1996 Act)

If you start an appeal to the county court and then withdraw it, the notice will become operative on the day on which it would have become operative if the county court had confirmed the notice on the day on which you withdrew the appeal.

(section 83(6) of the 1996 Act)

Effect of notice

The notice means that the premises are, in the opinion of the Council, unfit for human habitation but that while the notice remains operative the Council does not intend to require the premises to be made fit. Schedule 2 of the notice specifies the works that the Council consider are necessary to make the premises fit.

Notwithstanding the service of the deferred action notice, it is open to the person on whom the notice is served to arrange for all (or some) of the works in Schedule 2 to be undertaken. It would be helpful if the Council could be informed before any works are undertaken. *[The Council may be able to provide advice on the nature of the works required to render the premises or flat fit; on how to go about remedying the unfitness problems; on ways that the works might be financed; on how to employ a suitable builder; and on agency services which might be able to assist. If you would like such advice you should contact the Council [contact point/telephone number].]

*Include this part of the notes if the Council considers it appropriate to offer advice or other assistance using their powers under section 169 of the Local Government and Housing Act 1989.

The Council may review the notice at any time after its service and are required to do so not later than 2 years after the notice becomes operative. For the purpose of reviewing a deferred action notice the Council will be required to inspect the premises in question and thereafter decide the most satisfactory course of action.

(section 84 of the 1996 Act)

The fact that a deferred action notice has been served does not prevent the Council from taking any other course of action in relation to the premises at any time. Such action - in constituting the most satisfactory course of action - may include the service of a repair notice under section 189(1) of the 1985 Act, or the making of a closing or demolition order under sections 264 or 265 of the 1985 Act, or declaring the area in which the premises or flat is situated to be a clearance area in accordance with section 289 of the 1985 Act. In the event of the Council taking action under the above-mentioned provisions the deferred action notice will cease to be operative on the relevant notice, order or declaration becoming operative.

Action under the Housing (Fitness Enforcement Procedures) Order 1996

The notice indicates whether the Council has taken action in accordance with the provisions of the above Order which (except where it appears to the Council that immediate enforcement action is necessary) requires the Council to give written notice of enforcement action intentions (a "minded to take action notice") and to consider any representations received in response to such written notice.

Penalty

If you obstruct the Council in its duty to inspect the premises for the purpose of reviewing the deferred action notice you commit an offence punishable in the magistrates' court by a fine not exceeding level 3 on the standard scale.

Land charge

When the notice becomes operative it will be a local land charge on the premises to which it relates. This means that it will be recorded in the register of local land charges kept by the Council. The register is public and anyone may search for entries in it upon payment of a fee. Purchasers will normally search this register.

(section 81(4) of the 1996 Act)

County Court

If you decide to appeal you will need to apply to your local county court. (You can find the address and telephone number in the telephone directory under "Courts"). The court staff can supply the form and advise you on procedure. You must put with your request a copy of this notice; you will also need an extra copy of your request for the court to send to the Council.

Advice

If you do not understand this notice or wish to know more about it, you should contact the Council. If you want independent advice about your rights and obligations, you should go to a Citizens' Advice Bureau, Housing Aid Centre, Law Centre or a solicitor. If you want to know more about the works which the Council consider necessary to make the premises fit, you may wish to consult a surveyor.

NOTES TO FORMS 3 AND 4

Delete text in square brackets on the forms as appropriate.

(Statutory references are to the Housing Act 1985 ("the 1985 Act"), as amended by Schedule 15 to the Housing Act 1988 and Schedule 9 to the Local Government and Housing Act 1989, and the Housing Grants, Construction and Regeneration Act 1996 ("the 1996 Act")).

*[House in multiple occupation

A house in multiple occupation is a house (including any part of a building, such as a flat, which was originally constructed or subsequently adapted for occupation by a single household) which is occupied by persons who do not form a single household.]

(section 345 of the 1985 Act)

*Include this note, as appropriate, only where the notice relates to a house or flat in multiple occupation.

Right of appeal

If you do not agree with the decision to renew the deferred action notice you may appeal against it to the county court but you must do this within 21 days after the notice is served on you.

(section 83 and 84(4) of the 1996 Act)

For example, you may appeal

• if you think that the service of a repair notice under section 189(1) of the 1985 Act, or the making of a closing order under section 264 or a demolition order under section 265 of the 1985 Act is the most satisfactory course of action in respect of the premises. If you do so appeal, the court will have regard to guidance given by the Secretary of State under section 604A of the 1985 Act and section 85 of the 1996 Act.

Operation of notice

If there is not an appeal, the Council's decision means that the deferred action notice currently applying to the premises is renewed and will continue to remain operative.

(section 81(3) and 84(4) of the 1996 Act)

If there is an appeal and the county court confirms the decision to renew the deferred action notice, the renewal will not take effect until the period for appealing to the Court of Appeal expires without such an appeal being brought. If there is such a further appeal, the decision to renew the notice will not take effect until it is confirmed by the Court of Appeal.

(section 83(6) and 84(4) of the 1996 Act)

If you start an appeal to the county court and then withdraw it, the decision to renew the deferred action notice will take effect on the day on which it would have taken effect if the county court had confirmed the decision on the day on which you withdrew the appeal.

(section 83(6) and 84(4) of the 1996 Act)

Where there is an appeal against a decision to renew the deferred action notice, the notice remains operative until any decision on the appeal to the County Court or any further appeal, quashing or varying the decision to renew.

Effect of notice

Renewal of the deferred action notice signifies that the premises or flat remain, in the opinion of the Council, unfit for human habitation but that while the notice remains operative the Council do not intend to require the premises or flat to be made fit. Schedule 2 of the notice specifies the works that the Council consider are necessary to make the premises or flat fit.

Notwithstanding the renewal of the deferred action notice it is open to the person on whom the notice is served to arrange for all (or some) of the works in Schedule 2 to be undertaken. It would be helpful if the Council could be informed before any works are undertaken. *[The Council may be able to provide advice on the nature of the works required to render the premises or flat fit; on how to go about remedying the unfitness problems; on ways that the works might be financed; on how to employ a suitable builder; and on agency services which might be to assist. If you would like such advice you should contact the Council [contact point/telephone number].]

*Include this part of the notes if the Council considers it appropriate to offer advice or other assistance using their powers under section 169 of the Local Government and Housing Act 1989.

The Council may review the notice at any time after its renewal and are required to do so not later than 2 years after the date of this notice of renewal. For the purpose of reviewing a deferred action notice the Council will be required to inspect the premises in question and thereafter decide the most satisfactory course of action.

(section 84 of the 1996 Act)

The fact that a deferred action notice has been renewed does not prevent the Council from taking any other course of action in relation to the premises at any time. Such action - in constituting the most satisfactory course of action - may include the service of a repair notice under section 189(1) of the 1985 Act, or the making of a closing or demolition order under sections 264 or 265 of the 1985 Act, or declaring the area in which the premises or flat is situated to be a clearance area in accordance with section 289 of the 1985 Act. In the event of the Council taking action under the above-mentioned provisions the deferred action notice will cease to be operative on the relevant notice, order or declaration becoming operative.

Action under the Housing (Fitness Enforcement Procedures) Order 1996

The notice indicates whether the Council has taken action in accordance with the provisions of the above Order which (except where it appears to the Council that immediate enforcement action is necessary) requires the Council to give written notice of enforcement action intentions (a "minded to take action notice") and to consider any representations received in response to such written notice.

Penalty

If you obstruct the Council in its duty to inspect the premises for the purpose of reviewing the deferred action notice you commit an offence punishable in the magistrates' court by a fine not exceeding level 3 on the standard scale.

Land Charge

While it remains operative the notice continues to be a local land charge on the premises to which it relates. This means that it will be recorded in the register of local land charges kept by the Council. The register is public and anyone may search for entries in it upon payment of a fee. Purchasers will normally search this register.

(section 81(4) of the 1996 Act)

County Court

If you decide to appeal you will need to apply to your local county court. (You can find the address and telephone number in the telephone directory under "Courts"). The court staff can supply the form and advise you on procedure. You must put with your request a copy of this renewal notice and the deferred action notice; you will also need an extra copy of your request for the court to send to the Council.

Advice

If you do not understand this notice or wish to know more about it, you should contact the Council. If you want independent advice about your rights and obligations, you should go to a Citizens' Advice Bureau, Housing Aid Centre, Law Centre or a solicitor. If you want to know more about the works which the Council consider necessary to make the premises fit, you may wish to consult a surveyor.

NOTES TO FORM 5

Delete text in square brackets on the forms as appropriate.

Effect of demand

Is to require you to pay the Council the sum mentioned for the expenses they have incurred in having to take enforcement action against you. The Secretary of State for [the Environment] [Wales] has specified £300 as the maximum charge the Council can make under its powers in section 87 of the Housing Grants, Construction and Regeneration Act 1996 ("the 1996 Act").

(Section 87(5) of the 1996 Act)

When the charge becomes payable

The charge becomes payable, if no appeal is brought against the notice, decision or order to which the charge relates, after 21 days from the date of the demand. Paragraph 4 of the demand gives details of where payment should be made and the methods by which you may make payment.

If there is an appeal against the notice, decision or order to which the charge relates, you will not become liable for payment of the charge until the county court confirms the notice, decision or order and the period for appealing further to the Court of Appeal expires without such an appeal being brought. If there is such a further appeal, you will not become liable for payment of the charge until the notice, decision or order is confirmed by the Court of Appeal.

If you start an appeal to the county court against the notice, decision or order to which the charge relates and then withdraw the appeal, you will become liable for payment of the charge.

If there is an appeal against the notice, decision or order to which the charge relates and the court allows the appeal, it may make such order as it thinks fit reducing, quashing or requiring the payment of the charge.

(section 87(6) of the 1996 Act)

Land charge

The sum payable to the Council is a charge on the premises to which it relates with the charge taking effect from the date of the demand.

Advice

If you do not understand this demand for payment or wish to know more about it, you should contact the Council. If you want independent advice about your rights and obligations, you should go to a Citizens' Advice Bureau, Housing Aid Centre, Law Centre or a solicitor.

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe forms for use by local housing authorities in relation to unfit housing. The forms are for use in serving a deferred action notice, a notice of a decision to renew a deferred action notice and a demand for payment of a charge for enforcement action.