Housing Services Enforcement Policy Update 2007

Adult and Health Services

Introduction

Bath and North East Somerset Council is responsible for the enforcement of various areas of housing law including parts of the Housing Act 2004, the Protection from Eviction Act 1977, the Environmental Protection Act 1990 and the Housing Act 1985.  The primary aim of this legislation is to protect the health, safety and welfare of tenants, home owners and the general public.  We regard prevention as better than cure and therefore offer free information and advice to landlords, tenants and others.  However, the Service is concerned with the maintenance of minimum housing standards and the fair treatment of tenants.  For this reason we will take enforcement action where it is considered appropriate to promote compliance with the law.

This document sets out how Housing Services aim to deal with individuals and organisations who do not comply with housing law.  It also states the standards of service that they can expect.

Bath and North East Somerset Council Housing Services will aim to be open, act proportionately, and be consistent and helpful in its approach to enforcement.  These principles of good enforcement are in accordance with the Government’s Enforcement Concordat which the Council has signed up to.  Enforcement action includes the service of notices, the issue of formal cautions, prosecution in the magistrate’s court and carrying out works in default.

In accordance with the Government’s Enforcement Concordat, Bath and North East Somerset Council will apply the following four principles of good enforcement when making its enforcement decisions.

Written Standards and Openness - Where possible we will produce accessible information on minimum housing standards and good landlord practice.  In addition, we will be open about our work including how standards are set, any risk rating systems in place and any enforcement charges that we make.

Proportionality - We will aim to ensure that any works required are the minimum to meet the legal standards and that any action we take is proportionate to risk. As far as the law allows, consideration will also be given to the circumstances of the case and the attitude of persons involved.

Consistency - We will seek to carry out our duties in a fair, equitable and consistent manner.  Housing Services have adopted internal procedures and review systems to promote consistency. Where possible we also adopt risk based rating systems to guide the pro-active enforcement of Housing Standards.

Helpfulness - Unless immediate action is necessary we will offer the opportunity to discuss the case before formal action is taken.  We can also provide help and assistance in selecting building contractors or professional advisors.  In addition any rights of appeal will be clearly set out when enforcement action is taken.

Housing Conditions and Standards

The Housing Act 2004 Part 1 is concerned with assessing housing conditions and enforcing housing standards.  Bath and North East Somerset Council is under a general duty to take appropriate action in relation to the most dangerous health and safety hazards referred to as Category 1 Hazards (band A, B or C Hazard rating).  The Council also has the power to deal with less dangerous Category 2 Hazards (bands D to J).   

Following a Housing Health and Safety Rating inspection and assessment, Bath and North East Somerset Council will normally take enforcement action in relation to Category 1 Hazards (bands A, B and C) and Category 2 band D Hazards.  The Council may also take enforcement action in relation to Category 2 bands E to J where it makes the judgement that the particular circumstances of the case present an unacceptable health and safety risk.  For example, the Council may take enforcement action to improve a House in Multiple Occupation, where it lacks a full automatic fire detection system, emergency lighting system and protected means of escape from all occupied parts of the property.

Housing Act 2004 Part 1 enforcement action may include the requirement to carry out works to remedy health and safety hazards present at the time of an assessment.  These works aim to achieve the optimum standard to prevent, avoid or minimise the hazard as far as reasonably practical.  Factors that will be taken into account in determining what is reasonably practical include: the specific characteristics of the residential premises concerned; the type of the hazard; the likely exposure of vulnerable individuals to the hazard; and Housing Health and Safety Rating (HHSR) worked examples which form part of the Government Guidance.

Enforcement Action

Bath and North East Somerset Council will usually take into account the views of occupiers, landlords, owners and persons in control when deciding the most appropriate course of enforcement action.  In determining the most appropriate action regard will also be given to the Listed Building status and the impact any course of action would have on the local environment.  Urgent action without consultation may be taken where health and safety hazards pose an imminent risk to the occupants of premises or other members of the public.

Formal enforcement action includes the service of a Notice requiring one or more specific actions by a stated date.  These Notices are issued to correct non-compliance with legal standards within a defined time period.  They are usually served on the owner, or person managing the property concerned.  Rights of appeal are explained in notes attached to the Notice.  The detail of the Notice and any proposed timescales can be discussed informally with the case officer.  Bath and North East Somerset Council do not currently charge for the service of Notices.

In addition enforcement action also includes prosecution in the Magistrates Court for non compliance with Notices.  The Court will then decide on a penalty if the defendant is found guilty.   The type of penalty available to the Court is determined by the particular legislation concerned. 

Prosecution Policy

The decision to prosecute will be a judgement based on the circumstances of the case and will take account of the Code for Crown Prosecutors.  The circumstances under which Housing Services will consider prosecution include:

●  a breach of a formal legal Notice or Order without reasonable justification; or

●  a direct offence under housing law for a breach of a standard or set of regulations; or  

●  illegal eviction or harassment by landlord or any other person responsible;

and Housing Services consider that:

●  the breach is judged to be actually or potentially serious; or

●  the offender has a history of non-compliance or is resistant to improving standards or following good practice; or

●  it is necessary to draw attention to the need for compliance with the law.

Formal Caution

A Formal Caution is an alternative to prosecution.  It may be used where it is appropriate to the offence and likely to be effective in preventing further non compliance with the law.  A formal caution may be appropriate for minor offences or where there is a practical expression of regret by the offender.  However, a caution will only be given where the offender admits the offence, understands the significance of the caution and gives their informed consent to the caution.  A formal caution will be recorded and be used to inform future decisions on prosecution and may be cited in any subsequent court proceedings.

Works In Default

As well as taking a prosecution, the Council may also carry out works in default.  This option is available where works of repair or improvement have been required by a Notice and have not been completed within the agreed timescale, or, reasonable progress is not being made towards their completion.  Housing Services can organise and carry out the work themselves after giving at least 7 days notice and recover the cost of works plus an administration fee.  These costs will be charged to the property owner but can also be placed as a charge on the property for payment when the property is sold if necessary.  This option is available in addition to prosecution in the Magistrates Court.

Power of Entry to a property

Entry to a property is usually required to enable Housing Services to carry out its statutory functions.  We will normally make an appointment to visit in the first instance.  However, Housing Services will apply to the Magistrates Court for a Warrant to Enter Premises if entry has been consistently refused.

Owner Occupiers

Enforcement action on owner occupiers and long leaseholders will be based on the health and safety risk to the occupants or other affected persons.    However, action will not be taken where a more appropriate contractual remedy exists.  Where a Housing Health and Safety Rating inspection identifies a significant hazard, a hazard awareness notice may be served unless the Council is confident that the hazard will be removed or reduced to an acceptable level by other means.  Where a significant hazard is identified which requires attention, and the person responsible for the property is unable to carry out the recommended works because of financial hardship, they will be made aware of appropriate financial assistance options available to them from the Council. Where the conditions at one property causes a health and safety hazard or statutory nuisance to the occupants of another property, or the general public, enforcement action will be considered regardless of property tenure.

Service Complaints

We want to provide good quality services, so if you have an idea, a problem or a complaint please tell us about it.  For information on how to comment on or complain about our service please contact the Complaints Procedure Manager, Adult and Health Services, telephone 01225 477931.

Adult and Health Services

PO Box 3343

Bath BA1 2ZH

This document can be made available in a range of languages, large print, Braille, on tape, electronic and accessible formats from Housing Services tel. No. 01225 396418), fax. No. 01225 477839.  Contact via Typetalk welcome.

Revised Housing Services Enforcement Policy

January 2007