Part 1

Housing conditions
Chapter 3

Emergency measures

Appeals

Appeals relating to emergency measures
45
1
A person on whom a notice under section 41 has been served in connection with the taking of emergency remedial action under section 40 may appeal to a residential property tribunal against the decision of the local housing authority to take that action.
2
A relevant person may appeal to a residential property tribunal against an emergency prohibition order.
3
An appeal under subsection (1) or (2) must be made within the period of 28 days beginning with—
a
the date specified in the notice under section 41 as the date when the emergency remedial action was (or was to be) started, or
b
the date specified in the emergency prohibition order as the date on which the order was made,
as the case may be.
4
A residential property tribunal may allow an appeal to be made to it after the end of that period 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).
5
An appeal under subsection (1) or (2)—
a
is to be by way of a re-hearing, but
b
may be determined having regard to matters of which the authority were unaware.
6
The tribunal may—
a
in the case of an appeal under subsection (1), confirm, reverse or vary the decision of the authority;
b
in the case of an appeal under subsection (2), confirm or vary the emergency prohibition order or make an order revoking it as from a date specified in that order.
7
Paragraph 16 of Schedule 2 applies for the purpose of identifying who is a relevant person for the purposes of subsection (2) in relation to an emergency prohibition order as it applies for the purpose of identifying who is a relevant person for the purposes of Part 3 of that Schedule in relation to a prohibition order.