Local Government analysis: The Court of Appeal held that an appeal against an improvement notice under the Housing Act 2004 must be determined by reference to whether the local housing authority was wrong to serve the notice when it did, not by conditions existing at the tribunal hearing. Subsequent remedial works cannot retrospectively invalidate the notice, although later-discovered evidence may be relevant to the correctness of the original decision. The court also confirmed that, when considering unreasonable conduct costs under rule 13 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, a party may rely on the correct legal position, notwithstanding its failure to appeal the substantive decision. Practitioners should therefore focus appeals on the position at service, while authorities should ensure notices are precise and retain adequate inspection records. Produced in partnership with Clive Adams, partner, and Zach Plunkett, graduate solicitor apprentice of Birketts LLP.