Challenging Prohibition Orders

Challenging Prohibition Orders

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Course Overview

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

What are the requirements?

  • Watch the recorded webinar and review the reference notes and optional evaluation form to test your legal knowledge.
  • This course provides 0.5 - 1 CPD point (depending on length of time spent reviewing the supporting documentation).

Learning Outcomes

  • On completion of this course you will:
  • • Be familiar with legislation relating to Prohibition Orders
  • • Understand how Section 33 operates in Rent Act cases
  • • Know when and how Orders / Notices can be appealed, with reference to Section 45 of the Housing Act 2004

What is the target audience?

  • Landlord and tenant practitioners of all levels
  • This course is also suitable for landlords, tenants (secure, assured and assured shorthold and rent act tenants), property managers and agents, local authorities and Environmental Health Officers (EHO)

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About Instructor - Rachel Coyle

Rachel is a specialist Civil Barrister at The 36 Group and enjoys a thriving practice in general civil and commercial work.

Rachel has been praised for her tenacity, determination and sound, thorough legal knowledge by clients, judges and opponents. She is committed to providing practical advice in a timely manner and pays attention to detail in complex factual and legal matters. Rachel has been described by clients as courteous, very personable and approachable.

Before coming to the Bar and joining 36 Civil, Rachel worked as a Legal and Finance Associate at Seneca Banking Consultants dealing primarily with claims against banks in the pre-litigation stage that engaged in the sale of Interest Rate Hedging products, Fixed Rate Tailored Business Loans, GRGs, Annuities and Currency Swaps. Rachel handled a case load of over 150 clients including premiership footballers, hoteliers, accountants, private residential and commercial landlords, private student halls of residence companies, private hospitals, farmers, car dealerships and private individuals.

Rachel is also direct access qualified.

Course Curriculum

Recorded Webinars

  • Webinar
    00:37:13

Supporting Documentation

  • Notes
    9 Page
  • Slides
    16 Page
  • Evaluation
    1 Page

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