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What is the time limit to bring a prosecution in respect of non-compliance with an improvement notice under section 30 of the Housing Act 2004 and when does the time limit start to run?

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Published on LexisPSL on 23/03/2021

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  • What is the time limit to bring a prosecution in respect of non-compliance with an improvement notice under section 30 of the Housing Act 2004 and when does the time limit start to run?

What is the time limit to bring a prosecution in respect of non-compliance with an improvement notice under section 30 of the Housing Act 2004 and when does the time limit start to run?

We have assumed that this relates to an offence under section 30(1) of the Housing Act 2004.

Where an improvement notice served under Part 1 of the Housing Act 2004 (HA 2004) has become operative, the person on whom the notice was served commits an offence if they fail to comply with the requirements of the notice. A person who commits such an offence is liable on summary conviction to a fine. The offence set out in HA 2004, s 30 is a summary criminal offence and therefore criminal proceedings for committing that offence are heard in the magistrates’ court.

The general rule is that prosecutions of summary only offences must be commenced within six months from the date on which the offence was committed, as provided by section 127(1) of the Magistrates’ Courts Act 1980 (MCA 1980), unless the legislation which creates the offence provides

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