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Housing Act 2004

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This is the original version (as it was originally enacted).

144Revocation and variation of overcrowding notices

This section has no associated Explanatory Notes

(1)The local housing authority may at any time, on the application of a relevant person—

(a)revoke an overcrowding notice; or

(b)vary it so as to allow more people to be accommodated in the HMO concerned.

(2)The applicant may appeal to a residential property tribunal if the local housing authority—

(a)refuse an application under subsection (1); or

(b)do not notify the applicant of their decision within the period of 35 days beginning with the making of the application (or within such further period as the applicant may in writing allow).

(3)An appeal under subsection (2) must be made within—

(a)the period of 21 days beginning with the date when the applicant is notified by the authority of their decision to refuse the application, or

(b)the period of 21 days immediately following the end of the period (or further period) applying for the purposes of paragraph (b) of that subsection,

as the case may be.

(4)Section 143(2) applies to such an appeal as it applies to an appeal under that section.

(5)On an appeal the tribunal may revoke the notice or vary it in any manner in which it might have been varied by the local housing authority.

(6)A residential property tribunal may allow an appeal to be made to it after the end of the 21-day period mentioned in subsection (3)(a) or (b) if it is satisfied that there is good reason for the failure to appeal before the end of that period (and for any delay since then in applying for permission to appeal).

(7)In this section “relevant person” means—

(a)any person who has an estate or interest in the HMO concerned, or

(b)any other person who is a person managing or having control of it.

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