Section 269A — Housing Act 2004: Appeals suggesting certain other courses of action

Appeals suggesting certain other courses of action 269A 1 One ground of appeal under section 269 in relation to a demolition order made under section 265 is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned.

2 The courses of action are—

a serving an improvement notice under section 11 or 12 of the Housing Act 2004;

b making a prohibition order under section 20 or 21 of that Act;

c serving a hazard awareness notice under section 28 or 29 of that Act; or d declaring the area in which the premises concerned are situated to be a clearance area in accordance with section 289 of this Act.

3 Subsection (4) applies where—

a a residential property tribunal is hearing an appeal under section 269 in relation to a demolition order made under section 265;

and b the grounds on which the appeal is brought are or include the ground that a course of action mentioned in subsection (2) is the best course of action in relation to each hazard concerned.

4 The tribunal shall have regard to any guidance given to the local housing authority under section 9 of the Housing Act 2004.

5 Subsection (6) applies where—

a an appeal under section 269 is allowed against a demolition order made under section 265;

and b the reason or one of the reasons for allowing the appeal is that a course of action mentioned in subsection (2) is the best course of action in relation to the hazard concerned.

6 The tribunal shall, if requested to do so by the appellant or the local housing authority, include in its decision a finding to that effect and identifying the course of action concerned.

7 Subsection (1) of this section is without prejudice to the generality of section 269.