Commentary on Sections Part 1 - Housing Conditions Chapter 2 – Improvement Notices, Prohibition Orders and Hazard Awareness Notices Section 12: Improvement notices relating to category 2 hazards: power of authority to serve notice.
83.Subsection (1) enables an LHA to serve an improvement notice if it is satisfied that a category 2 hazard exists on residential premises and the premises in respect of which the notice is to be served are not the subject of a management order under Part 4.
84.Subsection (2) explains that an improvement notice is a notice requiring the person on whom the notice is served to take the remedial action specified in the notice.
85.Subsection (3) applies subsections (3) and (4) of section 11, which set out that remedial action may be taken in relation to any dwelling or HMO, an individual flat or multiple flats within a building, any common parts of a building containing one or more flats and any external common parts. Subsection (4) restricts remedial action in respect of the non-residential part of any premises (for example, a shop under a flat) to cases where the deficiency giving rise to the hazard is located there, and the remedial action is necessary for the health or safety of actual or potential residential occupiers.
86.Subsection (5) allows for only one improvement notice to be served where both a category 1 and a category 2 hazard exists.
87.An improvement notice may be suspended in accordance with section 14.