[2025] UKUT 235 (LC)

Part 1 of the Housing Act 2004 is concerned with the responsibility of local housing authorities for health and safety in rented properties. It introduced a system of classification of hazards; it requires the authority to take enforcement action when Category 1 hazards are found to be present in a property, and enables it to do so when Category 2 (less serious) hazards are present. A range of enforcement actions is available; one of them is an improvement notice (sections 11 to 19 of the 2004 Act), which requires specified action to be taken within a specified time. Failure to comply with an improvement notice, without a reasonable excuse, is an offence (section 30); a local housing authority may prosecute an offender, but alternatively may impose a financial penalty of up to £30,000 (section 249A).

A person on whom an improvement notice is served can appeal against it to the FTT (paragraph 10 of Schedule 1 to the 2004 Act), as can a person upon whom a financial penalty is imposed (paragraph 10 of Schedule 13A to the 2004 Act).