Part 4Additional control provisions in relation to residential accommodation

Chapter 1Interim and final management orders

Final management orders: variation and revocation

I1122Revocation of final management orders

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).

F12A

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.