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Private Sector Housing Enforcement Policy 2024

13.0 Works in Default

13.1 The Housing Act 2004 makes provisions for the Council to carry out works to a property where the person responsible has failed to comply with an enforcement notice. 

13.2 Works in default can be carried out either instead of a prosecution or a Civil Penalty or in addition to a prosecution or Civil Penalty. The works in default procedure should be followed.

13.3 It is proposed that works in default should be used where there is an imminent risk of harm to the health and safety of the occupiers.

13.4 If it is to be used in other circumstances where the risks presented justify it, full justification based on the merits of the case will be required. Such works will be an option where it is possible to recover and secure the full costs, including overhead costs.

13.5 It is also proposed that it should be used in conjunction with a prosecution or Civil Penalty where it is appropriate to do so. This would be dependent on the nature of the hazard(s) but should be considered due to the delays often experienced during legal proceedings. The delays often result in the remedial action being postponed leaving the occupier living in unacceptable conditions and being exposed to hazards.

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