Section 29 — Housing Act 2004: Hazard awareness notices relating to category 2 hazards: power of authority to serve notice

Hazard awareness notices relating to category 2 hazards: power of authority to serve notice 29 1 If—

a the local housing authority are satisfied that a category 2 hazard exists on any residential premises, and b no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4, the authority may serve a hazard awareness notice under this section in respect of the hazard.

2 A hazard awareness notice under this section is a notice advising the person on whom it is served of the existence of a category 2 hazard on the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.

3 Subsections (3) and (4) of section 28 apply to a hazard awareness notice under this section as they apply to one under that section.

4 A notice under this section may relate to more than one category 2 hazard on the same premises or in the same building containing one or more flats.

5 A notice under this section must specify, in relation to the hazard (or each of the hazards) to which it relates—

a the nature of the hazard and the residential premises on which it exists, b the deficiency giving rise to the hazard, c the premises on which the deficiency exists, d the authority’s reasons for deciding to serve the notice, including their reasons for deciding that serving the notice is the most appropriate course of action, and e details of the remedial action (if any) which the authority consider that it would be practicable and appropriate to take in relation to the hazard.

6 A notice under this section may be combined in one document with a notice under section 28 where they are served in respect of the same premises.

7 Part 1 of Schedule 1 (which relates to the service of improvement notices and copies of such notices) applies to a notice under this section as if it were an improvement notice.

8 For that purpose, any reference in that Part of that Schedule to “the specified premises” is, in relation to a hazard awareness notice under this section, a reference to the premises specified under subsection (5)(c).