Section 122 — Housing Act 2004: Revocation of final management orders

Revocation of final management orders 122 1 The local housing authority may revoke a final management order in the following cases—

a if the order was made under section 113(2) or (5) and the house has ceased to be an HMO to which Part 2 applies or a Part 3 house (as the case may be);

b if the order was made under section 113(2) or (5) and a licence granted by them in respect of the house is due to come into force under Part 2 or Part 3 as from the revocation of the order;

c if a further final management order has been made by them in respect of the house so as to replace the order;

d if in any other circumstances the authority consider it appropriate to revoke the order.

2 A revocation does not come into force until such time, if any, as is the operative time for the purposes of this subsection under paragraph 31 of Schedule 6 (time when period for appealing expires without an appeal being made or when decision to vary is confirmed on appeal). 2A A final management order may not be revoked under this section at a time when—

a the immediate landlord is subject to a banning order under section 16 of the Housing and Planning Act 2016, b there is in force an agreement which, under section 117, has effect as a lease or licence granted by the authority, and c revoking the final management order would cause the immediate landlord to breach the banning order because of the effect of section 130(2)(b).

3 The power to revoke an order under this section is exercisable by the authority either—

a on an application made by a relevant person, or b on the authority’s own initiative.

4 In this section “ relevant person ” means—

a any person who has an estate or interest in the house or part of it (but is not a tenant under a lease with an unexpired term of 3 years or less), or b any other person who (but for the order) would be a person managing or having control of the house or part of it.