Landlord Improvement Notice UK 2026 — HHSRS, Prohibition Orders & Appeals

What is an improvement notice?

An improvement notice under Section 11 or Section 12 of the Housing Act 2004 requires the landlord to carry out specific works within a defined timescale:

• Section 11 improvement notice (Category 1 hazard): Mandatory. The LHA must serve this where a Category 1 hazard is identified and it determines that an improvement notice is the most appropriate enforcement action
• Section 12 improvement notice (Category 2 hazard): Discretionary. The LHA may serve this where a Category 2 hazard is identified and it decides enforcement action is warranted
• The notice must specify: the nature of the hazard, the premises affected, the works required to remedy the hazard, and the date by which the works must be completed (at least 28 days after the notice takes effect)
• If the property is rented, the notice is served on the person having control of the property (typically the landlord or managing agent) and a copy is served on every occupier
• An improvement notice takes effect 21 days after service — during this period the landlord can appeal to the First-tier Tribunal

What is a prohibition order?

A prohibition order is a more severe enforcement tool that restricts use of all or part of the premises:

• Section 20 prohibition order (Category 1 hazard): Prohibits use of the premises (or specified part) for all or specified purposes — typically preventing occupation until the hazard is remedied
• Section 21 prohibition order (Category 2 hazard): Discretionary prohibition. The LHA may make a prohibition order for Category 2 hazards if it determines the risk warrants restricting occupation
• A prohibition order can specify which parts of the building are prohibited (e.g., a specific floor or room) and which classes of occupant are prohibited (e.g., children under 10 or persons aged 60+, if the hazard disproportionately affects them)
• Breach of a prohibition order is a criminal offence. The landlord who lets a property subject to an active prohibition order commits an offence carrying an unlimited fine
• Prohibition orders remain on the property title — they do not disappear when the property is sold — until formally revoked by the LHA after the hazard has been remedied

Emergency remedial action and emergency prohibition orders

Where a Category 1 hazard poses an imminent serious risk, the LHA can act without serving an improvement notice first:

• Emergency remedial action (Section 40): The LHA can enter the property and carry out works itself to remedy the immediate hazard. The landlord bears the cost. The LHA can recover costs and charge them as a local land charge
• Emergency prohibition order (Section 43): The LHA can make a prohibition order with immediate effect — the 21-day appeal period before the order takes effect is bypassed. The landlord can still appeal but the prohibition applies immediately while the appeal is pending
• Emergency action is typically taken for hazards such as: gas leak, structural collapse risk, severe electrical fault, total failure of heating in cold weather, or serious fire risk
• The LHA must serve a statement of reasons explaining why emergency action was taken rather than the standard notice route

Common HHSRS Category 1 hazards that trigger improvement notices

The most frequently cited Category 1 hazards in the private rented sector are:

• Excess cold (Hazard 1): The most commonly cited Category 1 hazard. A property that cannot be heated to 18°C in the living room and 21°C in the bathroom consistently scores highly. Poor insulation, no central heating, or a condemned boiler frequently triggers a notice
• Damp and mould growth (Hazard 2): Significantly elevated since Awaab's Law (2026) extended its application to private rented properties. Rising damp, penetrating damp, and condensation mould all score under this hazard
• Falls — stairs and steps (Hazard 11): Inadequate handrails, steep stairs, low headroom, or structural failure of staircase components
• Fire (Hazard 22): Absence of smoke alarms, inadequate means of escape, combustible wall or ceiling linings in escape routes, or inadequate fire separation in HMOs
• Entry by intruders (Hazard 23): Inadequate locks on external doors or windows in high-crime areas
• Electrical hazards (Hazard 22): Deteriorated wiring, absence of RCD protection, or overloaded circuits identified in an EICR

Appealing an improvement notice — the 21-day window

The landlord has 21 days from service of an improvement notice to appeal to the First-tier Tribunal (Property Chamber):

• Grounds of appeal: A landlord can appeal on any grounds, including: the hazard assessment is wrong, the works specified are disproportionate or technically incorrect, the LHA chose the wrong enforcement action, or there is a procedural defect in the notice
• Effect of appeal: An appeal suspends the operation of the improvement notice until the Tribunal determines it. However, for emergency prohibition orders, the suspension does not apply — the order remains in force during the appeal
• Tribunal powers: The Tribunal can confirm, vary, or quash the improvement notice. It can also substitute a different enforcement action
• Costs: The Tribunal does not generally award costs in housing enforcement appeals unless there is unreasonable conduct by one party
• Where the appeal is likely to succeed (e.g., the LHA's HHSRS score is clearly wrong), an expert surveyor report significantly strengthens the case

Non-compliance — criminal offences and penalties

Failing to comply with an improvement notice within the specified time is a criminal offence under Section 30 of the Housing Act 2004:

• Criminal offence: Failure to comply with an improvement notice is a summary offence prosecuted in the magistrates' court. From 2015, there is no upper limit on the fine — courts can impose an unlimited fine
• Civil penalty alternative: LHAs can issue a civil penalty (up to £30,000) instead of prosecuting — civil penalties are more commonly used and can be imposed more quickly
• Works in default: If the landlord fails to carry out the works, the LHA can carry out the works itself and recover the cost from the landlord. The costs become a local land charge on the property
• Banning Order: A landlord with two or more relevant convictions (including improvement notice non-compliance) within a 3-year period can be subject to a Banning Order, preventing all property letting in England
• The LHA will carry out a follow-up inspection to verify compliance. Where works are partially complete, it may extend the deadline or serve a further notice

Frequently asked questions