Local authority enforcement powers

Introduction

If a local authority is satisfied that they need take action due to a breach of the Housing Health and Safety Rating System (HHSRS), they have a number of different options at their disposal, including compelling the landlord to improve the property via an improvement notice or doing the work themselves where emergency remedial action is required. The options available will vary depending on the severity of the hazards.

This guidance is designed to provide a short summary of the options available, what they mean and when they may be used.

Hazard awareness notices

The most commonly used option is the hazard awareness notice. This is an advisory notice alerting the owner of the property to the existence of category 1 and 2 hazards in the property. It cannot compel you to do the recommended works to the property.

When can a hazard awareness be used?

A hazard awareness notice is likely to be the first enforcement step in the event of hazards in the property. For more serious category 1 hazards the local authority are likely to skip it entirely and move on to the notices with enforcement powers.

Improvement notices

An improvement notice compels the person the notice is served on to carry out work to remove or reduce a hazard. Typically the person it will be served on initially is the person in control of the property. Copies informing the tenants and potentially also the landlord (if an agent controls the property) will also be sent out.

The notice will set out:

• whether it is made in relation to category 1 or 2 hazard(s)
• the nature of the hazard or hazards
• any deficiencies contributing to it
• the remedial action required
• specific time frames to perform the necessary work by
• the right to appeal, and
• the period within which an appeal may be made

In England, if an improvement notice is served it is not possible to serve a Section 21 notice for six months afterwards.

Failing to comply with an improvement notice

It is an offence to not comply with an improvement notice. Further enforcement action that can be taken includes:

• performing the work and charging the costs for it to the controller of the property; or
• issuing a civil penalty of up to £30,000; or
• issuing a rent repayment order; or
• seeking a banning order and placing the property controller on the rogue landlord database.

Appealing an improvement notice

Appeals against the improvement notice can be made to the First Tier Tribunal (Property Chambers) within 21 days of the notice being served. While the appeal is ongoing the improvement notice is suspended. 

If the hazards have been addressed before the appeal is heard the improvement notice should be quashed, restoring Section 21 notice rights.

Prohibition orders

A prohibition order may be used in relation to a category 1 or 2 hazard. It prohibits the use of a property, or a part of the property. This prohibition may apply to everyone or it may specify a particular group that are prohibited from occupying the property. This takes effect 28 days after the order is given.

The order must contain:

• the nature of the hazard and the residential premises on which it exists
• the deficiency giving rise to the hazard
• the premises in relation to which prohibitions are imposed
• any remedial action that would result in the order being revoked
• information about the right to appeal.

An order must be revoked once the hazard that led to its issuance has been eliminated.

When is it appropriate to use a prohibition order?

In general prohibition orders are expected to be used where:

• there is a serious risk to health but it would be impractical to remedy the hazards
• the order would prevent overcrowding
• there is a need to prohibit the use of specific rooms in HMO properties from occupation
• the property is safe for some groups but unsafe for others. In those cases an order prohibiting the use of the property by the group at risk may be the most appropriate solution.

Emergency measures

Local authorities may take emergency remedial action or make an emergency prohibition order in certain circumstances: 

• a Category 1 hazard
• an imminent risk of serious harm to health or safety to any of the occupiers, and
• no management order is in force.

Emergency remedial action

Where the local authority does take emergency remedial action they will perform any works necessary to fix the hazard. A notice will then be served within 7 days stating:

• the nature of the hazard and the residential premises on which it exists
• the deficiency giving rise to the hazard
• the premises in relation to which emergency remedial action has been or is to be taken, and the nature of the action
• the power under which the remedial action was or is to be taken
• the date when the action was or is to be started.

Emergency prohibition order

The emergency prohibition order works in much the same way as the ordinary prohibition order except that it takes effect on the same day it is served.

Demolition orders

Rarely used but available in situations where there is a sufficiently serious category 1 hazard, a demolition order can require the owner to demolish the property. Tenants may be entitled to compensation and accommodation from the local authority in such situations.

A demolition order can also be used by local authorities as a way to gain possession of the property.

Given the seriousness of this, if you are served with a demolition order you should seek legal advice as soon as possible.