Council powers
The council has a range of powers available to help make properties safe and healthy. The main powers are contained in the Housing Act 2004 and outlined below.
Improvement notice
This identifies the issues and sets out the works needed and requires the responsible party to complete these in a reasonable time frame. For example, requiring a boiler and radiators to be installed where a home lacks proper heating.
This can be appealed to the First Tier Tribunal (a type of court). If it is appealed the notice can be changed, kept the same or dismissed. If it is kept the same or changed by the FTT, then the notice doesn’t take effect until the FTT agree this.
Failure to comply with the notice is an offence which the council can prosecute for or issue a civil penalty. The council can also do the works the responsible party was supposed to do and charge them for it.
Prohibition order
This is an order that either restricts of prohibits part or all of the home. This sets out why the order is necessary and the works (if any) that need to be done to remove the order. An example would be stopping a top floor in a house from being used because the stairs leading up to it are dangerous.
This can be appealed to the First Tier Tribunal (a type of court). If it is appealed the order can be changed, kept the same or dismissed. If it is kept the same or changed by the FTT, then the order doesn’t take effect until the FTT agree this.
Failure to comply (by anyone, e.g. the occupants and and/or the landlord) with the order is an offence which the council can prosecute.
Emergency powers
Where there is an imminent risk to health and safety, we have the power to order a property be prohibited or restricted in its use immediately or we can immediately do works to deal with the imminent risk and then claim the cost of the works back from the responsible party.
This can be appealed to the First Tier Tribunal (a type of court).
Failure to comply with an order restricting or prohibiting use (by anyone, e.g. the occupants and and/or the landlord) with the order is an offence which the council can prosecute.