Section 256: Revocation of HMO declarations

Housing Act 2004 · 2004 c. 34View on legislation.gov.uk

Part 7: Supplementary and final provisions

A local housing authority may revoke an HMO declaration served under section 255 at any time if they consider that subsection (2) of that section no longer applies to the building or part of the building in respect of which the declaration was served.

The power to revoke an HMO declaration is exercisable by the authority either—

on an application made by a relevant person, or
on the authority's own initiative.

If, on an application by such a person, the authority decide not to revoke the HMO declaration, they must without delay serve on him a notice informing him of—

the decision,
the reasons for it and the date on which it was made,
the right to appeal against it under subsection (4), and
the period within which an appeal may be made under that subsection.

Such an appeal—

is to be by way of a re-hearing, but
may be determined having regard to matters of which the authority were unaware.

The tribunal may—

confirm or reverse the decision of the authority, and
if it reverses the decision, revoke the HMO declaration.

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