SCHEDULES

SCHEDULE 5Part 4 notices: further provision

Part 2Suspension of effect of notices

4.—(1) A Part 4 notice (other than an emergency hazard notice) may provide for the operation of the notice to be suspended until a time, or the occurrence of an event, specified in the notice.

(2) The time specified under sub-paragraph (1) may, in particular, be the time when a person of a particular description begins, or ceases, to occupy any accommodation.

(3) The council may, for the purposes of this paragraph, accept from a person on whom the notice is served a written undertaking to take, or to refrain from taking, any action specified in the undertaking.

(4) If the council does so, the event specified under sub-paragraph (1) may, in particular, be a notified breach of that undertaking.

(5) In sub-paragraph (4) a “notified breach” is an act or omission by the person—

(a)which the council considers to be a breach of the undertaking, and

(b)which is notified to the person in accordance with the terms of the undertaking.

5.—(1) The council may at any time review a Part 4 notice whose operation is suspended.

(2) The council must review such a notice—

(a)not later than one year after the date on which the notice was served, and

(b)at subsequent intervals of not more than one year.

(3) Copies of the council’s decision on a review under this paragraph must be served on every person who appears to the council to be the owner, or a managing agent, of the HMO.