Prohibition Orders are formal notifications which
prevent the use of all or part of a building or restricts the type or number of
people living there. Prohibition Orders can be made where one or more hazards,
namely any risk of harm to a person’s health or safety because of a problem in their
home, have been identified. Hazards are categorised according to their severity
and can range from mould related issues through to asbestos.
Whilst this may seem like a niche area, the need
to challenge Prohibition Orders has become increasingly common. During this
session housing law barrister and lecturer Rachel Coyle will discuss the
relevant sections of Part 1 Housing Act
2004, The Housing Health and Safety Rating System (HHSRS) (England)
Regulations 2005 and HHRSR Enforcement Guidance issued in February 2006.
Guidance will be offered on how to calculate the numerical score for each hazard and the difference
between an Improvement Notice and a Prohibition Notice will be discussed.
Consideration will also be given to 239 Notices including:
·
What is
required for a Section 239 Notice to be valid?
·
Who can
sign the Section 239 notice and orders?
a.
Delegated
authority;
b.
Section
243 of the Housing act 2004;
c.
Section
101 of the Local Government Act 1972
d.
Section 2(8) of the Local
Government and Housing Act 1989