Explanatory Notes

Housing Act 2004

2004 CHAPTER 34

Thursday 18 November 2004

Commentary on Sections

Part 7

Section 256: Revocation of HMO declarations

581.Section 256 provides that when an HMO declaration is in force and the LHA is satisfied that the test for making an HMO declaration is no longer satisfied, it can revoke the declaration and the building will cease to be an HMO. An LHA can revoke the declaration on its own volition or upon an application from a relevant person. If it decides not to revoke the declaration where it has been asked to do so, it must tell the applicant the reason for its decision. If the applicant is not satisfied with that decision there is a right to appeal. On appeal the tribunal may confirm the LHAs decision not to revoke the declaration or may reverse that decision and revoke it.