Section 7 - 12
7. Tough and targeted enforcement
Our approach will be to ensure that the regulation of private housing is targeted where the risk is greatest. We recognise that most landlords are committed to working with us to maintain or bring their properties up to reasonable standards. We will continue to work positively with those landlords.
We also recognise that there is a minority of landlords and owners who fail to comply with their responsibilities and can appear to have little regard to their statutory duties to their tenants and/or neighbours. We feel it is right to target these types of landlords.
Where we are aware that a landlord has repeatedly failed to comply with housing regulations, we will actively focus the use of our investigatory powers on that landlord.
The purpose of this approach is to achieve the following:
- Send a strong message that we will not tolerate uncooperative or repeat offenders
- Improve the behaviour of the landlord or discourage them from continuing to act as a landlord if they are unable to manage properties to acceptable standards
- Efficiently reduce any financial gain or benefit from non- compliance
- Deter future non-compliance.
Where the law allows, we will consider action related to including but not restricted to, Banning Orders and Proceeds of Crime Act 2002.
8. How we intervene
The Environmental Health Residential Team usually get involved at the request of a tenant, or someone working with a tenant, for example a care worker.
We also encourage landlords/owners to get in touch with us. For example, a landlord may want some advice about how to manage their tenant if they are causing problems in the property that they are struggling to deal with.
We also undertake proactive inspections of properties, in line with our legal responsibilities, for example where we have observed poor housing standards in certain property types, or where a landlord has several properties and we have taken action against them for other properties in their portfolio.
The way we get involved will depend on various circumstances and this is something we will discuss with the person requesting assistance when they contact us.
The things we may consider include:
- The seriousness of the problem and the effect that the problem has on people living there and in neighbouring properties
- The effect the problem is having on the neighbourhood and surrounding area
- The relevant legislation, for example, some circumstances require the Council to take immediate enforcement action
- The vulnerability of any occupant, including their vulnerability to eviction
- Whether the management standards are poor, particularly where there appears to be a lack of awareness of statutory requirements
- Any relevant history of the landlords, owners, neighbours, or the tenancy, particularly the owner’s/landlord’s history of carrying out repairs either informally or following our previous intervention.
The first thing we advise, where a tenant has a problem with the condition or safety of their home, is that they should inform the landlord/tenant/neighbour of the issue and give them reasonable time to put it right. If, following this opportunity, the problem hasn't been resolved, we will open an investigation into the case.
Sometimes, in the case of an emergency situation, or if the landlord has a history of not responding, we may act straight away.
Where we decide that we do not need to get involved formally at the time of the initial enquiry, we will ask the person requesting assistance to contact us again if the situation doesn't get resolved.
If we open an investigation but cannot substantiate a complaint against a landlord/owner or tenant, we will explain why this is to the complainant and take no further action.
9. Initial interventions
- Giving advice to landlords/owners or tenants on the telephone or by letter or e-mail, unless there are reasons not to, such as where the tenant is vulnerable.
- Where possible we will try to resolve issues without making a visit or resorting to more formal action. Our advice will be about legal responsibilities and what the Council expects.
- If we have set an informal time limit for a problem to be resolved, and it has not been, or the situation has deteriorated, we are likely to schedule a visit to the property which may result in more formal action.
- Formal action could include the service of a legal notice with an imposed timescale for works to be carried out.
- Formal action straight away – where appropriate to the case, for example where emergency works are required.
- Immediate prosecution or the imposition of a civil penalty where we know an offence has already been committed, such as a licensing offence or failure to comply with management regulations.
- Opening an investigation into abandoned private empty properties where it is causing nuisance or annoyance to neighbours or the neighbourhood.
10. Intervention by visit or inspection
Our regulatory duties and powers enable us to carry out a visit to the property, sometimes resulting in a more formal full inspection.
Usually, we will write to the landlord detailing repairs or improvements that are necessary or advising of the defects that are present. Where we are satisfied that immediate enforcement action is not required, we will usually encourage landlords to remedy the problem to avoid the need for more formal action. When we write to landlords detailing repairs or improvements that are necessary, or advising of defects that are present, we will usually set out:
- Who the investigating officer is and how they can be contacted.
- Any breaches of legislation, codes, or regulations
- The consequences of failure to attend to the matter informally, including what the enforcement action could be, and if it incurs - the likely cost.
- The timescale for a formal inspection to which the landlord will be invited.
- Whether we are considering legal action, such as prosecution or a civil penalty for a particular offence.
- What are legal requirements as distinct from officer opinion or good practice advice?
- Any other appropriate and relevant information.
Sometimes landlords like to speak to us on the telephone. We will provide a clear summary of what is required and will follow this up in writing to ensure the landlord can check the requirements at a later stage.
Where we are investigating potential cases relating to licensing offences or breaches of HMO management regulations, we will usually visit with a Notice of Entry to the occupants, allowing us immediate entry without prior notice.
Where we are refused access by the tenant or landlord when a Notice of Entry has been served, we may then seek a Warrant of Entry from the Court to permit forced entry.
In exceptional circumstances where serving a Notice of Entry would defeat the purpose of the inspection, we may seek a Warrant without serving a prior Notice of Entry
11. Dealing with hazards
Local Authorities have a duty under the Housing Act 2004 to take enforcement action in relation to serious hazards (Category 1 hazards), and our priority is to meet this legal obligation.
We also have a discretionary power to take enforcement action on lower-level hazards (Category 2 hazards).
In deciding whether to exercise this discretionary power officers will always consider the individual circumstances of the case. However, action will not normally be considered on hazards scored below band E as prescribed by the Housing Health and Safety Rating System (HHSRS).
In some circumstances we do not consider it appropriate to deal with landlords informally.
These circumstances include, but are not limited to, where:
- There is a serious hazard in the property which requires emergency action
- we consider there has been disregard for the law or history of non-compliance
- There are multiple serious hazards or disrepair issues present in the property, particularly where there is a significant health and safety risk
- The landlord has a history of previously being uncooperative or we are already investigating the landlord or taking enforcement action in respect of another matter
- The landlord or agent have a number or properties, have been involved in managing rented properties for some time, or who should otherwise have known of their responsibilities.
12. Informal action
“Informal action” means to secure compliance with legislation without recourse to formal action, including offering advice, issuing verbal warnings, and requesting action, the use of letters, and the issue of informal schedules of works.
The Environmental Health Residential Team is willing to offer help and advice and will explain the reasons for the Council’s involvement and what should be done to improve housing conditions. The Council’s preferred approach is therefore to work with the parties involved to help prevent the need for formal enforcement action.
It should be noted that it is not always possible to adopt an informal approach especially where the legislation requires formal action to be taken.
When informal action may be appropriate
Informal action may be appropriate when one, or more, of the following applies:
- The matter does not involve a Category 1 hazard; or failure to apply for an HMO licence
- It is the first occasion that the Council has been called upon to deal with a particular property or complaint
- The act or omission is not sufficiently serious to warrant formal action
- From the individual’s/landlord’s previous history, it can be reasonably expected that informal action will achieve compliance within a reasonable period of time e.g., 6 weeks and confidence in the landlord/managing agent/other management is high
- The consequences of non-compliance will not pose a significant risk to occupiers/public health and safety
- The relevant person has confirmed in writing their willingness to complete the works on an informal basis with a timescale for completion.
Where some of the above criteria are not met, there may still be circumstances in which informal action will be more effective than a formal approach. This will generally apply to an organisation such as Registered Social Landlords partners in line with joint protocols.
Inspection reports and clear advice about what works are required will be issued to the owner, managing agent, and tenant etc. following the decision to deal with the case on an informal basis.
When an informal approach is used to secure compliance with legislation, written documentation will be issued which will:
- Contain all the information necessary to understand what work is required and why it is necessary
- Specify the legislation that covers the contravention, the measures that will enable compliance with the legal requirements and that other means of achieving the same effect may be chosen.
Officers may also make further recommendations of good practice if appropriate, even where these may not be a legal requirement.