Section 37 — Housing and Planning Act 2016: Requests for exercise of powers under section 36 and appeals

Requests for exercise of powers under section 36 and appeals 37 1 A person in respect of whom an entry is made in the database under section 30 may request the responsible local housing authority to use its powers under section 36 to—

a remove the entry, or b reduce the period for which the entry must be maintained.

2 The request must be in writing.

3 Where a request is made, the local housing authority must—

a decide whether to comply with the request, and b give the person notice of its decision.

4 If the local housing authority decides not to comply with the request the notice must include—

a reasons for that decision, and b a summary of the appeal rights conferred by this section.

5 Where a person is given notice that the responsible local housing authority has decided not to comply with the request the person may appeal to the First-tier Tribunal against that decision.

6 An appeal to the First-tier Tribunal under subsection (5) must be made before the end of the period of 21 days beginning with the day on which the notice was given.

7 The First-tier Tribunal may allow an appeal to be made to it after the end of that period if satisfied that there is a good reason for the person's failure to appeal within the period (and for any subsequent delay).

8 On an appeal under this section the tribunal may order the local housing authority to—

a remove the entry, or b reduce the period for which the entry must be maintained.