Improvement notice

An improvement notice is a formal enforcement notice issued by a local housing authority under sections 11 and 12 of the Housing Act 2004, requiring the person served, typically the landlord or property manager, to carry out specified remedial works to remove or reduce a hazard identified under the Housing Health and Safety Rating System (HHSRS). Section 11 applies to Category 1 hazards, where the council has a statutory duty to take enforcement action. Section 12 applies to Category 2 hazards, where the council has a power rather than a duty to act.

What an improvement notice must contain

Under section 13 of the Housing Act 2004, an improvement notice must specify:

• the category of the hazard (Category 1 or Category 2) and its nature

• the deficiencies in the property contributing to the hazard

• the remedial action required to remove or reduce it

• the premises to which the action applies (the specific dwelling, or shared common areas such as hallways or staircases)

• the date by which work must start, which cannot be earlier than 28 days after the notice is served

• the period allowed for the work to be completed

• the right of appeal and the 21-day appeal period

Copies of the notice must also be served within 7 days on all occupiers of the property and on any other party with a relevant interest, such as a mortgagee or superior landlord.

The land charge point

An improvement notice is a local land charge under section 37 of the Housing Act 2004. It is registered against the title of the property at the Land Registry and is binding on any successive owner. A landlord selling or remortgaging a property subject to an outstanding improvement notice must disclose it. It cannot simply be transferred away or ignored as part of a conveyancing transaction.

Consequences of non-compliance

Failing to comply with an improvement notice without reasonable excuse is a criminal offence. The courts have set a high threshold for what constitutes a reasonable excuse, difficulties in arranging contractors or funding work have been rejected as valid defences in reported cases. Consequences include:

Criminal prosecution. The landlord may be prosecuted in the magistrates' court. Where the landlord is a company, directors may be personally prosecuted or fined.

Civil penalty. As an alternative to prosecution, the local authority may impose a civil penalty notice of up to £30,000. The Financial Penalties (Housing Offences and Breach of Banning Orders) Regulations 2026 confirm the current maximum.

Works in default. Under schedule 3 to the Housing Act 2004, the council may carry out the required works itself and recover the full cost from the landlord.

Rent repayment order. Where a landlord has committed the offence of non-compliance, even if no prosecution or fine has followed, the tenant may apply to the First-tier Tribunal for a rent repayment order requiring the landlord to repay up to 12 months' rent.

Landlords using August's maintenance reporting feature have a timestamped record of when hazards were reported and what remedial action was taken — evidence that consistently matters when a local authority is assessing whether a landlord responded appropriately before serving a notice.

Improvement notice vs prohibition order

Where hazards are so severe that a property or part of it is judged unfit for occupation, the council may instead issue a prohibition order restricting or banning use of the premises. An improvement notice requires works to be carried out; a prohibition order restricts occupation until the council is satisfied the hazard has been sufficiently resolved or removed. Both notices may be issued in respect of the same hazard where appropriate.

Appealing an improvement notice

A landlord who considers a notice to be invalid, disproportionate, or served on the wrong party has 21 days from the date of service to appeal to the First-tier Tribunal (Property Chamber). The tribunal may extend this period if there are good reasons for the delay. Possible grounds for appeal include that the notice does not meet the statutory requirements, that the hazard identified does not justify the remedial action specified, or that a different form of enforcement action would have been more appropriate. Separately, a landlord may ask the council at any time to vary or revoke the notice, for example, if the scope of works proposed has changed, and can appeal to the tribunal against a refusal to vary or revoke.

If works are taking longer than the notice allows, the landlord should contact the council proactively and keep a clear record of communications, contractor correspondence, and progress. A notice cannot be withdrawn once served, only varied or revoked.

The Renters' Rights Act backdrop

From 1 May 2026, the Section 21 "retaliatory eviction" provisions that previously linked improvement notices to invalid Section 21 notices no longer apply, as Section 21 itself has been abolished by the Renters' Rights Act. The practical effect is that landlords facing an improvement notice must now focus entirely on prompt, documented compliance and use the correct Section 8 grounds for possession where genuinely warranted, improvement notice non-compliance does not provide a possession ground, but it does create significant financial and criminal exposure.

For practical guidance on addressing the most common Category 1 hazard, damp and mould, and the timescales now expected under Awaab's Law, see our guide to preventing damp and mould in 2026.

Frequently asked questions

How long does a landlord have to comply with an improvement notice? 

The notice must specify a start date no earlier than 28 days from service and a completion period that gives reasonable time to carry out the works. The length of the completion period varies with the nature and scale of the hazard, minor works may be required within weeks; structural or complex works may allow several months. If the timeframe is genuinely unworkable, the landlord should contact the council immediately and seek either a variation of the notice or an agreed suspension while alternative arrangements are made.

Can an improvement notice be served on a letting agent rather than a landlord? 

Yes. Under the Housing Act 2004, the notice can be served on the person in control or managing the premises, which may include a property manager or managing agent. However, the landlord remains ultimately liable for compliance, and the notice is registered as a land charge against the property regardless of who manages it.

Does an improvement notice affect a landlord's ability to serve a Section 8 notice? 

An outstanding improvement notice does not by itself prevent a landlord from serving a Section 8 notice on lawful grounds. However, if the notice has been served following a tenant complaint about the property's condition and the landlord has not complied, this context is relevant to the tribunal's assessment of any possession claim. From 1 May 2026, Ground 6B, introduced by the Renters' Rights Act, requires the court to order possession where relevant enforcement action has been taken against the landlord and it would be unlawful for the tenancy to continue.