Section 16 — Housing Act 2004: Revocation and variation of improvement notices

Revocation and variation of improvement notices 16 1 The local housing authority must revoke an improvement notice if they are satisfied that the requirements of the notice have been complied with.

2 The local housing authority may revoke an improvement notice if—

a in the case of a notice served under section 11, they consider that there are any special circumstances making it appropriate to revoke the notice; or b in the case of a notice served under section 12, they consider that it is appropriate to revoke the notice.

3 Where an improvement notice relates to a number of hazards—

a subsection (1) is to be read as applying separately in relation to each of those hazards, and b if, as a result, the authority are required to revoke only part of the notice, they may vary the remainder as they consider appropriate.

4 The local housing authority may vary an improvement notice—

a with the agreement of the person on whom the notice was served, or b in the case of a notice whose operation is suspended, so as to alter the time or events by reference to which the suspension is to come to an end.

5 A revocation under this section comes into force at the time when it is made.

6 If it is made with the agreement of the person on whom the improvement notice was served, a variation under this section comes into force at the time when it is made.

7 Otherwise a variation under this section does not come into force until such time (if any) as is the operative time for the purposes of this subsection under paragraph 20 of Schedule 1 (time when period for appealing expires without an appeal being made or when decision to vary is confirmed on appeal).

8 The power to revoke or vary an improvement notice under this section is exercisable by the authority either—

a on an application made by the person on whom the improvement notice was served, or b on the authority’s own initiative.