http://www.legislation.gov.uk/ukpga/2004/34/schedule/2Housing Act 2004An Act to make provision about housing conditions; to regulate houses in multiple occupation and certain other residential accommodation; to make provision for home information packs in connection with the sale of residential properties; to make provision about secure tenants and the right to buy; to make provision about mobile homes and the accommodation needs of gypsies and travellers; to make other provision about housing; and for connected purposes.texttext/xmlenStatute Law Database2025-12-29Expert Participation2025-12-27 SCHEDULESSCHEDULE 2Procedure and appeals relating to prohibition ordersSection 27Part 1Service of copies of prohibition orders<Emphasis>Service on owners and occupiers of dwelling or <Acronym Expansion="House of Multiple Occupation">HMO</Acronym> which is not a flat</Emphasis>11This paragraph applies to a prohibition order where the specified premises are a dwelling or HMO which is not a flat.2The authority must serve copies of the order on every person who, to their knowledge, is—aan owner or occupier of the whole or part of the specified premises;bauthorised to permit persons to occupy the whole or part of those premises; orca mortgagee of the whole or part of those premises.3The copies required to be served under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the order is made.4A copy of the order is to be regarded as having been served on every occupier in accordance with sub-paragraphs (2)(a) and (3) if a copy of the order is fixed to some conspicuous part of the specified premises within the period of seven days mentioned in sub-paragraph (3).<Emphasis>Service on owners and occupiers of building containing flats <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation></Emphasis>21This paragraph applies to a prohibition order where the specified premises consist of or include the whole or any part of a building containing one or more flats or any common parts of such a building.2The authority must serve copies of the order on every person who, to their knowledge, is—aan owner or occupier of the whole or part of the building;bauthorised to permit persons to occupy the whole or part of the building; orca mortgagee of the whole or part of the building.3Where the specified premises consist of or include any external common parts of such a building, the authority must, in addition to complying with sub-paragraph (2), serve copies of the order on every person who, to their knowledge, is an owner or mortgagee of the premises in which the common parts are comprised.4The copies required to be served under sub-paragraph (2) or (3) must be served within the period of seven days beginning with the day on which the order is made.5A copy of the order is to be regarded as having been served on every occupier in accordance with sub-paragraphs (2)(a) and (4) if a copy of the order is fixed to some conspicuous part of the building within the period of seven days mentioned in sub-paragraph (4).Part 2Service of notices relating to revocation or variation of prohibition orders<Emphasis>Notice of revocation or variation</Emphasis>31This paragraph applies where the local housing authority decide to revoke or vary a prohibition order.2The authority must serve a notice under this paragraph on each of the persons on whom they would be required under Part 1 of this Schedule to serve copies of a prohibition order in respect of the specified premises.3The notices required to be served under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made.4Paragraph 1(4) applies in relation to the service of notices on occupiers in accordance with sub-paragraphs (2) and (3) as it applies in relation to the service on them of copies of a prohibition order in accordance with paragraph 1(2)(a) and (3).4A notice under paragraph 3 must set out—athe authority’s decision to revoke or vary the order;bthe reasons for the decision and the date on which it was made;cif the decision is to vary the order—ithe right of appeal against the decision under Part 3 of this Schedule; andiithe period within which an appeal may be made (see paragraph 10(2)).<Emphasis>Notice of refusal to revoke or vary order</Emphasis>51This paragraph applies where the local housing authority refuse to revoke or vary a prohibition order.2The authority must serve a notice under this paragraph on each of the persons on whom they would be required under Part 1 of this Schedule to serve copies of a prohibition order in respect of the specified premises.3The notices required to be served under sub-paragraph (2) must be served within the period of seven days beginning with the day on which the decision is made.4Paragraph 1(4) applies in relation to the service of notices on occupiers in accordance with sub-paragraphs (2) and (3) as it applies in relation to the service on them of copies of a prohibition order in accordance with paragraph 1(2)(a) and (3).6A notice under paragraph 5 must set out—athe authority’s decision not to revoke or vary the notice;bthe reasons for the decision and the date on which it was made;cthe right of appeal against the decision under Part 3 of this Schedule; anddthe period within which an appeal may be made (see paragraph 10(2)).Part 3Appeals relating to prohibition orders<Emphasis>Appeal against prohibition order</Emphasis>71A relevant person may appeal to the appropriate tribunal against a prohibition order.2Paragraph 8 sets out a specific ground on which an appeal may be made under this paragraph, but it does not affect the generality of sub-paragraph (1).81An appeal may be made by a person under paragraph 7 on the ground that one of the courses of action mentioned in sub-paragraph (2) is the best course of action in relation to the hazard in respect of which the order was made.2The courses of action are—aserving an improvement notice under section 11 or 12 of this Act;bserving a hazard awareness notice under section 28 or 29 of this Act;cmaking a demolition order under section 265 of the Housing Act 1985 (c. 68).<Emphasis>Appeal against decision relating to revocation or variation of prohibition order</Emphasis>9A relevant person may appeal to the appropriate tribunal against—aa decision by the local housing authority to vary a prohibition order, orba decision by the authority to refuse to revoke or vary a prohibition order.<Emphasis>Time limit for appeal</Emphasis>101Any appeal under paragraph 7 must be made within the period of 28 days beginning with the date specified in the prohibition order as the date on which the order was made.2Any appeal under paragraph 9 must be made within the period of 28 days beginning with the date specified in the notice under paragraph 3 or 5 as the date on which the decision concerned was made.3The appropriate tribunal may allow an appeal to be made to it after the end of the period mentioned in sub-paragraph (1) or (2) if it is satisfied that there is a 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 out of time).<Emphasis>Powers of <CommentaryRef Ref="key-de2a6860e2749cd388eeb679934e6cae"/>... tribunal on appeal under paragraph 7</Emphasis>111This paragraph applies to an appeal to the appropriate tribunal under paragraph 7.2The appeal—ais to be by way of a re-hearing, butbmay be determined having regard to matters of which the authority were unaware.3The tribunal may by order confirm, quash or vary the prohibition order.4Paragraph 12 makes special provision in connection with the ground of appeal set out in paragraph 8.121This paragraph applies where the grounds of appeal consist of or include that set out in paragraph 8.2When deciding whether one of the courses of action mentioned in paragraph 8(2) is the best course of action in relation to a particular hazard, the tribunal must have regard to any guidance given to the local housing authority under section 9.3Sub-paragraph (4) applies where—aan appeal under paragraph 7 is allowed against a prohibition order made in respect of a particular hazard; andbthe reason, or one of the reasons, for allowing the appeal is that one of the courses of action mentioned in paragraph 8(2) is the best course of action in relation to that hazard.4The tribunal must, if requested to do so by the appellant or the local housing authority, include in its decision a finding to that effect and identifying the course of action concerned.<Emphasis>Powers of <CommentaryRef Ref="key-e33c3d9c6ac8cb80581e90f6d1f834e0"/>... tribunal on appeal under paragraph 9</Emphasis>131This paragraph applies to an appeal to the appropriate tribunal under paragraph 9.2Paragraph 11(2) applies to such an appeal as it applies to an appeal under paragraph 7.3The tribunal may by order confirm, reverse or vary the decision of the local housing authority.4If the appeal is against a decision of the authority to refuse to revoke a prohibition order, the tribunal may make an order revoking the prohibition order as from a date specified in its order.<Emphasis> “<Term id="term-the-operative-time">The operative time</Term>” for the purposes of section 24(5)</Emphasis>141This paragraph defines “the operative time” for the purposes of section 24(5) (operation of prohibition orders).2If an appeal is made under paragraph 7 against a prohibition order which is not suspended, and a decision on the appeal is given which confirms the order, “the operative time” is as follows—aif the period within which an appeal to the Upper Tribunal may be brought expires without such an appeal having been brought, “the operative time” is the end of that period;bif an appeal to the Upper Tribunal is brought, “the operative time” is the time when a decision is given on the appeal which confirms the order.3If an appeal is made under paragraph 7 against a prohibition order which is suspended, and a decision is given on the appeal which confirms the order, “the operative time” is as follows—athe time that would be the operative time under sub-paragraph (2) if the order were not suspended, orbif later, the time when the suspension ends.4For the purposes of sub-paragraph (2) or (3)—athe withdrawal of an appeal has the same effect as a decision which confirms the notice, andbreferences to a decision which confirms the order are to a decision which confirms it with or without variation.<Emphasis> “<Term id="term-the-operative-time">The operative time</Term>” for the purposes of section 25(7)</Emphasis>151This paragraph defines “the operative time” for the purposes of section 25(7) (revocation or variation of prohibition orders).2If no appeal is made under paragraph 9 before the end of the period of 28 days mentioned in paragraph 10(2), “the operative time” is the end of that period.3If an appeal is made under paragraph 10 within that period and a decision is given on the appeal which confirms the variation, “the operative time” is as follows—aif the period within which an appeal to the Upper Tribunal may be brought expires without such an appeal having been brought, “the operative time” is the end of that period;bif an appeal to the Upper Tribunal is brought, “the operative time” is the time when a decision is given on the appeal which confirms the variation.4For the purposes of sub-paragraph (3)—athe withdrawal of an appeal has the same effect as a decision which confirms the variation, andbreferences to a decision which confirms the variation are to a decision which confirms it with or without variation.<Emphasis>Meaning of “relevant person”</Emphasis>161In this Part of this Schedule “relevant person”, in relation to a prohibition order, means a person who is—aan owner or occupier of the whole or part of the specified premises,bauthorised to permit persons to occupy the whole or part of those premises, orca mortgagee of the whole or part of those premises.2If any specified premises are common parts of a building containing one or more flats, then in relation to those specified premises, “relevant person” means every person who is an owner or mortgagee of the premises in which the common parts are comprised.Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)Sch. 2 Pt. 1 applied by Housing Act 1985 (c. 68), s. 300(5)(b) (as substituted (6.4.2006 (E.) and 16.6.2006 (W.)) by Housing Act 2004 (c. 34), ss. 265(1), 270(4)(5)(f), Sch. 15 para. 20); S.I. 2006/1060, art. 2(1)(d) (with Sch.); S.I. 2006/1535, art. 2(b) (with Sch.)Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.)Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060, art. 2(1)(a) (with Sch.); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535, art. 2(a) (with Sch.) Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Words in Sch. 2 para. 14(2)(a)(b) substituted (1.6.2009) by Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307) , art. 5(1)(2) , Sch. 1 para. 279 (with Sch. 5 ) Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Words in Sch. 2 para. 15(3)(a)(b) substituted (1.6.2009) by Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307) , art. 5(1)(2) , Sch. 1 para. 279 (with Sch. 5 ) Sch. 2 wholly in force at 16.6.2006; Sch. 2 not in force at Royal Assent see s. 270(4)(5); Sch. 2 in force for E. at 6.4.2006 by S.I. 2006/1060 , art. 2(1)(a) (with Sch. ); Sch. 2 in force for W. at 16.6.2006 by S.I. 2006/1535 , art. 2(a) (with Sch. ) Sch. 2 Pt. 3 applied by Housing Act 1985 (c. 68) , s. 300(5)(b) (as substituted (6.4.2006 (E.) and 16.6.2006 (W.)) by Housing Act 2004 (c. 34) , ss. 265(1) , 270(4)(5)(f) , Sch. 15 para. 20 ); S.I. 2006/1060 , art. 2(1)(d) (with Sch. ); S.I. 2006/1535 , art. 2(b) (with Sch. ) Words in Sch. 2 para. 11 heading omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 182(c) (with Sch. 3)Words in Sch. 2 para. 13 heading omitted (1.7.2013) by virtue of The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 182(c) (with Sch. 3)Words in Sch. 2 para. 7(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 182(a) (with Sch. 3)Words in Sch. 2 para. 9 substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 182(a) (with Sch. 3)Words in Sch. 2 para. 10(3) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 182(b) (with Sch. 3)Words in Sch. 2 para. 11(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 182(a) (with Sch. 3)Words in Sch. 2 para. 13(1) substituted (1.7.2013) by The Transfer of Tribunal Functions Order 2013 (S.I. 2013/1036), art. 1, Sch. 1 para. 182(a) (with Sch. 3)