Part 1

Housing conditions
Chapter 2

Improvement notices, prohibition orders and hazard awareness notices

Hazard awareness notices

Hazard awareness notices relating to category 2 hazards: power of authority to serve notice
29
1
If—
a
the local housing authority are satisfied that a category 2 hazard exists on any residential premises, and
b
no management order is in force in relation to the premises under Chapter 1 or 2 of Part 4,
the authority may serve a hazard awareness notice under this section in respect of the hazard.
2
A hazard awareness notice under this section is a notice advising the person on whom it is served of the existence of a category 2 hazard on the residential premises concerned which arises as a result of a deficiency on the premises in respect of which the notice is served.
3
Subsections (3) and (4) of section 28 apply to a hazard awareness notice under this section as they apply to one under that section.
4
A notice under this section may relate to more than one category 2 hazard on the same premises or in the same building containing one or more flats.
5
A notice under this section must specify, in relation to the hazard (or each of the hazards) to which it relates—
a
the nature of the hazard and the residential premises on which it exists,
b
the deficiency giving rise to the hazard,
c
the premises on which the deficiency exists,
d
the authority’s reasons for deciding to serve the notice, including their reasons for deciding that serving the notice is the most appropriate course of action, and
e
details of the remedial action (if any) which the authority consider that it would be practicable and appropriate to take in relation to the hazard.
6
A notice under this section may be combined in one document with a notice under section 28 where they are served in respect of the same premises.
7
Part 1 of Schedule 1 (which relates to the service of improvement notices and copies of such notices) applies to a notice under this section as if it were an improvement notice.
8
For that purpose, any reference in that Part of that Schedule to “the specified premises” is, in relation to a hazard awareness notice under this section, a reference to the premises specified under subsection (5)(c).
S. 29 wholly in force at 16.6.2006; s. 29 not in force at Royal Assent see s. 270(4)(5); s. 29 in force for E. at 6.4.2006 by S. I. 2006/1060, art. 2(1)(a) (with Sch.); s. 29 in force for W. at 16.6.2006 by S. I. 2006/1535, art. 2(a) (with Sch.)