Stage 2 – Formal enforcement action issued by the local authority
Formal notices will be served or formal action will be taken in situations where:
- the council has a duty to serve a notice or take a specified action;
- statutory requirements have been breached;
- remedial action needs to be taken quickly;
- an owner, landlord or agent has a history of non-compliance;
- a property has actionable hazards that create risks to an occupier's health and safety (or that of a visitor);
- there is a long term empty property.
In cases where an officer decides it is more appropriate to take formal enforcement action without first giving an opportunity to resolve the issue informally, the officer will explain to the person concerned the reasons for this decision.
Where notices and orders are served, the authority will provide copies to other interested parties, such as the occupier; mortgagee; freeholder; leaseholder or agent in accordance with the specific legislative requirements.
Certain notices, orders and charges are required to be registered as a local land charge and whilst the matter is outstanding, these will be disclosed to any prospective purchaser making a local land search.
There are a number of different types of formal notices, licences, warnings and charges that can be issued by the authority:
| Type of notice | Charges that can be issued by the authority |
|---|---|
| Formal notice, order or licence | Served to require works or actions to be undertaken in accordance with specified legislative requirements. |
| Notices to recover costs and expenses incurred by the authority in taking enforcement action | Served in connection with Housing Act 2004 notices for the recovery of costs and expenses. |
| Power of Entry notices | Served when access is required into residential premises at a specified date and time. |
| Notices requiring information or documents | Served to require prescribed documents or information to be supplied. |
| Emergency Prohibition Order | Served under the Housing Act 2004 to immediately prohibit use of premises (or part of) where a serious health and safety issue exists. |
| Emergency remedial action | Serious, emergency works undertaken immediately by the local authority in default. Costs incurred by the council in taking this action will be recovered. |
| Revocation or variation of an improvement notice, prohibition order or emergency prohibition order | Notices served to vary or revoke the terms of a previously served enforcement notice or order. |
| Revocation, variation or refusal to licence premises | Notices served to vary the terms or revoke a previous licence issued, or to refuse to licence a property. |
| Works in default | Works undertaken in default by the authority to ensure compliance with a legal requirement. Costs incurred by the council in taking this action will be recovered. |
| Civil or monetary penalty | A notice issued by the local authority to impose a financial penalty. It is to be paid to the authority in situations where there are breaches of legal requirements or where offences have been committed. |
| Simple caution | Issued by the local authority where offences have been committed. |
| Compulsory Purchase Order and enforced sale | An Order served by the authority for a long term empty home where it is causing blight and statutory nuisance in an area. It is used only where there is proven demand for this house type. A sale of a property can be imposed to recover unpaid debts incurred by the authority for undertaking essential repair works in default. |
| Management orders and empty dwelling management orders | Orders served by the authority where no responsible person can be identified to manage a privately rented or empty home. |
| Banning Orders | Applied for when a landlord has been convicted of relevant offences and it is considered that the severity of the offending is such that they or their associates should not be allowed to operate in the Private Housing Sector. Link to download |