Private Sector Housing Enforcement Policy 2024

3.1 The aim of the Private Sector Housing team is to improve the housing conditions in the private sector by use of advice and education and where possible financial assistance. However, there are occasions where these methods are not proportional to the hazards identified, or the Council have a duty to take action and therefore, it is necessary to consider enforcement action.

3.2 In doing so, officers will be expected to follow the principles of the Enforcement Concordat, which encourages openness, proportionality and consistency. In order to achieve this, Officers will be expected to be transparent in the way they have made decisions by keeping clear records and file notes. All remedial work that is required must be sufficient to remove any risks but not so excessive as to be burdensome. Officers must ensure they have consideration of this policy in any decision-making.

3.3 Decision to take enforcement action

3.3.1 Enforcement action will be based on risk. Assessment of risk will be based on current legislation and specific guidance. An inspection of a property must be carried out along with a HHSRS assessment to determine if there are category 1 or category 2 hazards within the property. Having made this assessment and dependent on the problems within the property consideration will be given to the most appropriate course of action to reduce the hazards to an acceptable level.

3.3.2 The most appropriate legislation must be identified for dealing with the hazard. Only where the Housing Act 2004 is not appropriate should other legislation be considered. 

3.3.3 Officers are required to make informed judgements and will be suitably trained for this responsibility they will decide on the most appropriate action with consideration of this Policy, guidance documents and any other relevant documentation.

3.3.4 A Statement of Reasons will be provided with any notice served, explaining why the Council has decided to take a particular course of action rather than any other kind of enforcement action.

3.3.5 Where category 2 defects are identified regard must also be had to other schemes that are available to assist with housing repairs. Tenants, homeowners and landlords may be able to access a number of grants and loan schemes, which may negate the need for formal action to be taken.

3.3.6 Where there are only category 2 hazards consideration must be given to the overall effect of the multiple hazards and whether they are indicative of a rundown property.

3.3.7 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 an inspection and subsequent HHSRS assessment identifies a significant hazard(s), in the great majority of cases a hazard awareness notice will be served unless the Council is confident that the hazard will be removed or reduced to an acceptable level by other means.

3.3.8 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.

3.3.9 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, or others persons who might reasonably be expected to visit the property enforcement action will be considered regardless of property tenure.

3.3.10 The Council may use enforcement action to encourage owners of empty properties to bring them back into use.