Section 1 - 6
1. Introduction
This policy sets out the rationale and standards of enforcement that can be expected from the Environmental Health Residential Team.
It also sets out our decision-making process, from the receipt of the initial referral, or complaint to conclusion of the case, which may involve court proceedings.
The responsibilities of the service include but are not limited to:
- To improve the standards of homes in the private sector, predominately private rented accommodation
- To assess local housing conditions
- To reduce the number of properties with serious risks to health and safety (reduce Category 1 hazards)
- To reduce the number of vulnerable households living in sub-standard homes
- To improve the energy efficiency and warmth of homes and to help reduce fuel poverty
- To improve the standards in Houses in Multiple Occupation (HMOs) through the implementation of the Mandatory Licensing Scheme and enforcement provisions
- To work in partnership with private sector landlords to improve conditions and the standard of management of private rented housing
- To provide a service that is accessible to anyone living in rented housing that may be subject to poor living conditions
- To help bring empty homes back into use
- Licensing of Caravan sites
- Hoarding and filthy and verminous properties
- Residential statutory nuisance
- Unauthorised Encampments.
Reactively the service may respond to:
- Tenants who contact the Council with complaints about disrepair or poor living conditions and complete and return a referral form.
- Referrals received by email or telephone.
- Referrals from other agencies/professionals
- The Council normally expects tenants to have contacted their landlord with proper details about their complaint and then allow a reasonable time period for the issues to be resolved prior to contacting the Environmental Health Residential Team.
- Complaints about properties that may be causing problems for neighbouring properties.
- Enquiries from owner occupiers or private tenants and landlords who would like advice about housing conditions.
- Enquiries for advice about the legal minimum housing standards, particularly HMO’s
- Enquiries about empty homes.
Proactively the service may:
- Identify the general types and conditions of the private sector housing stock by carrying out surveys of the district
- Operate a risk assessment process to identify the risks in HMO’s
- Operate a programme of inspections of higher risk HMO’s
- Take part in landlord forums
- Contribute to regeneration initiatives
- Review portfolios of landlords who we have had cause to be involved with and where that involvement has led to informal or formal action, to improve property conditions.
2. Our approach
- We recognise that most people want to comply with the law, therefore we will provide an explanation of our duties and powers, so that there is an understanding of the Council’s role
- We will give owners, landlords, agents, and tenants the opportunity to co-operate with us in the first instance, unless the circumstances of the case merit immediate enforcement
- We want residents of Ashfield to understand the rights and obligations of living in and owning a property, so we will promote this as a key aim of this policy
- We will intervene and take enforcement action when voluntary or co-operative working is not succeeding to ensure that matters of health, safety and wellbeing are dealt with promptly and efficiently
- We will comply fully with the legislation that effects our work, and we will ensure that we provide information about what to do if you do not agree with our action, including any rights of appeal
- We want landlords and owners to meet their legal obligations, any enforcement action we take will always be proportionate
- Where we ask for repair or remedial work to be done to a property, we will fully consider the costs of works to try and avoid unnecessary expense
- We will always make sure any costs or inconvenience of works are proportionate to the risks that they are intended to reduce or remove.
- We will deal with each case on an individual basis and on its own merits.
- Officers will exercise their professional judgement in individual cases, having regard to relevant guidance and will follow internal procedures to ensure a fair and consistent approach to regulation. Performance reporting and assessments are in place to ensure consistency in our approach to enforcement.
3. Principles of good enforcement
The Council has signed up to the Government’s 1998 Enforcement Concordat – Principles of Good Enforcement. The Concordat sets out what business and others being regulated can expect from enforcement officers.
The aim of the Concordat is to ensure that all enforcement actions comply with the following principles:
- Openness
- Helpfulness
- Proportionality
- Consistency
Openness
Openness means explaining our actions clearly in plain language and discussing compliance failures or problems with anyone experiencing difficulties. A clear distinction will be made between legal requirements (what must be done) and advice or guidance (what is desirable).
Helpfulness
We believe that prevention is better than cure and that our role therefore involves actively working with business, especially small and medium sized businesses, to advise on and assist with compliance. We will provide a courteous and efficient service and our staff will identify themselves by name. We will provide a contact point and telephone number for further dealings with us, and we will encourage business to seek advice /information from us. Applications for approval of establishments, licenses, registrations, etc, will be dealt with efficiently and promptly. We will ensure that, wherever practicable, our enforcement services are effectively co-ordinated to minimise unnecessary overlaps and time delays.
Proportionality
Proportionality means relating enforcement action to the risks and severity of the breach of the law involved. This will ensure that the most serious risks are targeted first.
Consistency
Consistency means taking a similar approach in similar circumstances to achieve similar ends. It does not mean uniformity, as officers will take into account many factors such as the level of risk, the history of compliance and actions of those involved.
Enforcement, in the context of this policy is not limited to formal enforcement action such as prosecution, but includes for example, the inspection of premises for the purpose of checking compliance with legislation and the provision of advice.
4. What we want to achieve
We want housing and communities to be safe and well managed. We understand that this includes making sure that everyone involved knows their rights, obligations and what it is to be a good neighbour.
We want residents to understand that if you own, rent, or live in Ashfield, you can come to us for advice and assistance.
It is important to us that all private housing in Ashfield meets the legislative minimum standards and does not cause a physical hazard or nuisance to other people, or cause damage to someone else's property.
We want to be known as a service that is fair and proportionate. We want to continue to improve the good working relationships we have with those landlords who consistently deliver good properties and management. Whilst in parallel, we want to be known for dealing firmly with landlords who persistently fail to abide by their obligations. We shall target the worst landlords for enhanced enforcement action as multiple failures to properly manage, are likely to be repeated across their Portfolios.
5. Enforcement options
In responding to a service request, the choices available for action are:
- Take no action
- Take informal action
- Take formal action through one or more of the following routes:
- Serve statutory notices.
- Undertake works in default.
- Make management orders.
- Issue a formal caution.
- Prosecution
- Issue a fixed penalty notice, civil penalty, or financial penalty.
The list of options is not exhaustive as changes in legislation and guidance may affect the sanctions available.
Whatever action is deemed to be appropriate, the decision to take it will need to stand up to a test of consistency and must demonstrate both a balanced and fair approach to enforcement.
A summary of the relevant legislation governing enforcement powers relating to housing conditions is set out in the Appendix. This is not exhaustive and is intended as a guide only.
6. Help and advice
The Environmental Health Residential Team will provide clear information and advice, in plain language, about the legislation we use to enforce standards.
We strongly believe that prevention is better than cure and we will give advice on complying with the law. However, this is not intended to be a substitute for landlords seeking their own independent legal or professional advice where that is more appropriate, e.g., from a solicitor or a surveyor.
Applications for any part of our service will be dealt with efficiently and promptly as possible in line with service targets and/or statutory requirements.
We are committed to building our range of self–help materials on our website. We know that many people are able to manage their properties effectively providing they have some guidance. This also allows us to focus our resources on those situations where more serious interventions are needed.
Where possible, we will provide training sessions and updates about new legislation and policies to keep landlords up to date.
Where a person contacts us about a matter that is not our responsibility, we will direct them to the relevant Council Department or external agency.
Our resources will be targeted to ensure the most serious cases are tackled as a priority. Our speed of response will take account of the potential risks to health and wellbeing.