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Complying with the Law

Dealing with repairs and hazards

When the council receives a complaint regarding disrepair from a tenant in the private rented sector, it is our duty to inspect the property and highlight any deficiencies that contribute towards the 29 hazards under the Housing Health and Safety Rating System (HHSRS).

The council will work with landlords by giving them information and advice, however, where landlords are not willing to engage, legal notices can and will be used to secure necessary improvements to dwellings in the private rented sector in accordance with the council’s Private Sector Housing Enforcement Policy. Where said notices are not complied with, prosecution may follow.

The various notices that a Housing Standards Enforcement Officer may serve under the Housing Act 2004 include, but are not limited to:

  • Hazard Awareness Notice under section 28
  • Improvement Notice under sections 11 or 12
  • Suspended Improvement Notice under sections 14
  • Prohibition Order under section 20 and 21
  • Suspended Prohibition Order under section 23
  • Emergency Remedial Action under section 40
  • Emergency Prohibition Order under section 43
  • Demolition Order under section 265 (Housing Act 198 as amended by section 46 Housing Act 2004)

Full information can be found in Part 1 of the Housing Act 2004 (p.1 - 54)

Charging for Enforcement Activity

The council will make a charge under Section 49 of the Housing Act 2004 for the service of any of the following notices:

  • Improvement Notices (sections 11 & 12)
  • Prohibition Orders (sections 20 & 21)
  • Emergency Remedial Action (section 40)
  • Emergency Prohibition Orders (section 43)
  • Demolition Order(section 265 Housing Act 1985)

The charge will be calculated on a case by case basis and will vary depending on the size of the property and the number of category 1 or 2 hazards identified included in the enforcement notice.  There is a minimum enforcement charge of £336.63 which is for a 1 or 2 bedroom property with one hazard identified.  The charge will vary upwards depending on the number of bedrooms and the number of hazards identified at the property. Any enforcement charge that is unpaid may be placed as a local land charge.