Improvement notice meaning

Original news Hastings Borough Council v Braear Developments [2015] UKUT 0145 (LC) The property was a five-storey Victorian mid-terrace house, converted into five self-contained flats held on long leases. The right to manage was taken over by an RTM company, which then applied to the local housing authority for a grant to fund repairs to the common parts of the building. Approval was granted on the basis that the works would be completed within 12 months; however, the RTM company did not finish within the permitted 12-month period, so the grant was cancelled. The grant application brought the poor condition of the external staircase to the authority’s attention, and the authority served an emergency prohibition order, preventing any use of the staircase. In answer to that notice, the owner of the only two occupied flats on the upper floors carried out limited remedial works. Those measures sufficed to discharge the prohibition order, but following a further inspection the authority served an improvement notice under HA 2004, s 11. The...

In this issue: Social housing Highways Education Children's social care Social care Environmental law and climate change LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Social housing When is a residential letting agent not a person managing a licensable HMO? When it is a ‘let-only’ arrangement (Cetin v Epping Forest DC) An appeal before the Upper Tribunal in Cetin v Epping Forest District Council determined that a residential letting agent engaged on a ‘let only’ basis to let a single room in an HMO, who collects one instalment of rent on the day the letting is agreed and then has no further role, is not a ‘person managing’ the HMO for the purposes of section 263(3) of the Housing Act 2004. Accordingly, the agent does not assume the statutory obligations linked to HMO licensing and management, and is not at risk of criminal or civil penalties for any...

In this issue: Public procurement Social housing Education Children's social care Social care Healthcare Local government pensions Licensing Planning Daily and weekly news alerts New and updated content Public procurement Cabinet Office announces 28 October 2024 as provisional go-live date for procurement regime The Government Commercial Function (GCF) is working towards a 28 October 2024 go-live for the new procurement regime, to be confirmed by commencement regulations expected in May 2024. Procurements begun under existing rules will continue under that legislation. This signals the start of a six-month preparation window, during which the GCF will release a full programme of learning and development to help practitioners implement the reforms. Alongside guidance already available, further materials will explain how to move from the current framework to the new regulations. See: LNB News 23/04/2024 65. GCF publishes guidance on Procurement Act 2023 e-learning modules The GCF has also issued guidance on...

What is the duty to inspect? Local authorities (LAs) are required to examine their localities for the purpose of: identifying any contaminated land under Part IIA of the Environmental Protection Act 1990 (EPA 1990) deciding whether it should be designated as a special site; for further details see Practice Note: Special sites of contaminated land When determining contaminated land, LAs must comply with the statutory guidance. What land must be inspected? LAs must assess land situated within their own area. An LA has no obligation to inspect land beyond its boundaries...

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What are hygiene improvement notices? Hygiene improvement notices are tools used by enforcement authorities such as the Food Standards Agency (FSA) or local authorities to uphold the Food Safety and Hygiene (England) Regulations 2013 (FSH(E)R 2013), SI 2013/2996. A hygiene improvement notice compels a food business operator to take steps necessary to achieve compliance with FSH(E)R 2013, SI 2013/2996. See Practice Note: Applying the Food Safety and Hygiene (England) Regulations 2013. They should not be confused with improvement notices under the Food Safety Act 1990 (FSA 1990). Improvement notices under FSA 1990 serve to enforce regulations made under Part II of that Act. Non-compliance with a hygiene improvement notice under FSH(E)R 2013, SI 2013/2996 constitutes a criminal offence. Guidance on applying hygiene improvement notices is set out in the Food Law Code of Practice issued by the FSA, and the FSA in Wales has also produced a Food Law Code of Practice with related practice guidance for Wales...

[ To be typed on headed notepaper ] [ Insert date ] Dear [ insert name of employee ], I write further to our meeting on [ insert date ] [ , at which you were accompanied by [ insert name ] ]. During that discussion, you were advised that your performance is unsatisfactory, and the respects in which it fails to meet the expected standards were outlined. [ In particular, you were told that you have failed to meet the required improvements in performance set out in [ the performance improvement plan (‘PIP’) included in ] the written improvement notice previously sent to you dated [ insert date ] ]. You were given a full opportunity to comment on these matters...

[ To be printed on headed notepaper ] [ insert date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) Following the capability meeting held on [ insert date ] [ , where you were accompanied by [ insert name ] ] , I write to [ advise you of OR confirm ] our decision to issue you with a [ written improvement notice OR final written warning ] in accordance with the Company's [ Performance and capability procedure ], a copy of which was [ enclosed with OR referred to ] in our correspondence to you dated [ insert date of letter inviting the employee to the capability meeting ]...

[ To be printed on headed notepaper ] [ Insert date ] Dear [ insert name of employee ], Re: [ insert name of employer ] (the Company) I acknowledge receipt of your letter dated [ insert date of employee's letter of appeal ] wherein you have contested the formal outcome, notified to you in writing on [ insert date ], to [ issue you with a written improvement notice OR give you a final written warning OR dismiss you with notice ]...

Commercial leases commonly bar tenants from carrying out alterations or enhancements to the let premises unless the landlord agrees. In addition, tenants are typically required, on expiry of the term, to hand back the property in the condition it was in at the outset. As a result, if consent for alterations is given, an obligation to reinstate will generally be imposed as a pre-condition. The Landlord and Tenant Act 1927 (LTA 1927) sets out a number of provisions concerning improvements...