If the Local Authority (LA) serves an Emergency Prohibition Order (EPO), prohibiting the use of the house in multiple occupation (HMO) for all purposes, the EPO has schedule 1 attached listing all the deficiencies and schedule 2 listing the work required in order to revoke the EPO.
I do not have to carry out the work, however if I wish to re-open the property for use then the work has to be done in order for the LA to revoke the EPO.
Question is can the LA serve further improvement notices on the property's demise now as 3 self contained flats rather than a HMO which it was when the EPO was served and is still in place.
I am of the view that the property is shut down for all use and the work in schedule 2 is all that is required, the LA can not impose any further improvement notices until the EPO is revoked and the property is re-opened as a HMO or self contained flats.
I would likes your views, regards Sam Ram
Housing Act 2004
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