Further service information

Other than in exceptional cases, the council expects long leaseholders to invoke the terms of their lease
to remedy problems of disrepair or nuisance themselves.

Leaseholders may be able to get advice about how to settle a dispute about repair problems from the:

Leasehold Advisory Service 
Website: www.lease-advice.org
Telephone: 020 7832 2500

Leaseholders will normally need to consult a solicitor specialising in leasehold law.

Enforcement action on owner occupiers and long leaseholders will be based on the health and safety risk to the occupants or other affected persons. The Council will generally not take action where a more appropriate contractual remedy exists.

Where a HHSRS inspection identifies a significant hazard, the Council anticipates that a Hazard Awareness Notice may be the most appropriate course of action. However, all HA2004 Part 1 enforcement options are available to the Council and will be considered.

Enforcement options requiring action to be taken such as an Improvement Notice or Prohibition Order will be considered in cases involving:

• Vulnerable people who are not capable of making informed decisions about their own welfare or who require the intervention of the Council to ensure their welfare is best protected;
• Hazards that might reasonably affect other people e.g. other occupants, visitors (private or commercial/services);
• Serious risk of life-threatening harm e.g. electrical hazards.

Where the condition of one property is affecting the occupant of another property or the general public, such as a health and safety hazard or statutory nuisance, appropriate enforcement action will be considered regardless of property tenure.

6.2 Empty homes

Where an empty property presents a serious or imminent risk to health and safety or is causing a statutory nuisance, appropriate enforcement action will be considered depending on the circumstances of each case.

The Council will consider the full range of enforcement options including Compulsory Purchase Orders, Empty Dwelling Management Orders (EDMOs) and enforced sale where an owner does not co-operate and the empty property has not been brought back into use within a reasonable period.

6.3 Immigration visits

Torbay Council provides an inspection service for immigration/visa applicants who need to provide evidence that they have suitable housing accommodation within the United Kingdom. This evidence must show that the premises they intend to occupy doesn't have any Category One hazards under the HHSRS (e.g. unfit accommodation) and will not become overcrowded when they take up residence.

In situations where we are not satisfied that the accommodation is suitable we will confirm this to the person commissioning the inspection.

As the inspection will have been conducted using the HHSRS we will have a duty to consider whether any further action is required as described by ‘Assessing condition’ above. This is irrespective of tenure.

Where the property becomes suitable following remediation, a further inspection may be commissioned enabling supporting evidence to be submitted.

6.4 Fitness for human habitation legislation

The Homes (Fitness for Human Habitation) Act 2018 came into force on 20 March 2019 and requires all landlords (private and social) to ensure that their properties, including any common parts of the building, are fit for human habitation at the beginning of the tenancy and throughout.

Where qualifying tenants believe that their home does not meet the requirements set out in the above act and their landlord is responsible, they can take action against the landlord themselves.

The Ministry of Housing, Communities & Local Government have produced a guidance document for tenants; Guide for tenants: Homes (Fitness for Human Habitation) Act 2018 and for landlords; Guide for landlords: Homes (Fitness for Human Habitation) Act 2018 which are both available at www.gov.uk

It is not necessary for the local authority to be involved in action under this act however in certain circumstances we may decide to offer support.

This support is likely to be in the form of confirmation of the outcome of any investigation we have undertaken and the supply of documents as evidence. A decision on how and if to provide support will be made on a case by case basis taking into account the vulnerability of the occupant, the likelihood of success and the financial implications to the Council. Please see ‘Giving evidence in private court cases’ below.

6.5 Giving evidence in private court cases

Officers are sometimes asked to give evidence on behalf of one of the parties in a private action. In order to prevent the appearance of the council taking sides in such disputes, officers will usually only attend court in response to a witness summons.

6.6 Situations where we may not provide a service

There may be occasions where an investigating officer cannot substantiate the complaint. When this arises, the council will not take any further action.

We may decide not to provide a service or to cease providing a service where;

• there is clear evidence that the tenant(s) are unreasonably refusing access to the landlord, managing agent or landlord’s builder, attempting to comply with our instruction,
• there is clear evidence that the tenant(s) have, caused the damage to the property they are complaining about, and there are no other items of disrepair,
• a tenant does not want their present accommodation to be brought up to standard, and the only reason for contacting the Torbay Council is to secure rehousing,
• the tenant(s) have failed to keep an appointment and not responded to a follow up letter or appointment card;
• the tenant unreasonably refuses to provide the council with relevant documentation, e.g. a tenancy agreement or notice seeking possession.
• the tenant(s) have been aggressive, threatening, verbally or physically abusive or shown inappropriate behaviour towards officers.

6.7 Charges, fees and cost recovery

Charging for services - The Council has the power under the Housing Act 2004 to recover costs for serving notices. Charges are based on the full cost to the Council of taking the action including inspection, preparation and service of the notices.

Charges for the above action will be registered as a local land charge. This means that when the property is sold the debt has to be repaid including any interest accrued on the initial charge. There are also charges associated with the licensing of Houses in Multiple Occupation. These charges will be made in line with our published fees and charges

Recovery of costs – Where the council has incurred costs by undertaking works in default or by taking action to ensure vital services are maintained (reconnection works/payment of a bill) we will recover these costs in addition to any administration costs, agency fees, interest accrued or costs associated with the recovery.

Costs associated with the above action will be registered as a local land charge. This means that
when the property is sold the debt has to be repaid including any interest accrued on the initial
charge.

Unpaid debts and invoices - We will pursue all debts owed as a result of enforcement charges, costs and charges associated with carrying out works, unpaid invoices or unpaid financial penalties.

The Council may consider enforcing the sale of the property to recover costs or recovering the money owed in the relevant Court, including the County Court.

6.8 Publicising Offences

As a regulatory authority, the Council has a responsibility to protect the public from detrimental housing and environmental practice and undertake a range of activities to achieve this. These include actions that are taken after the detection of an offence, as well as measures to prevent and deter the commission of offences.

One such measure is the publication of convictions and information.

Media coverage will normally be sought in any of the following circumstances:

• Where an offence is widespread in the area and coverage will assist in securing compliance by others.
• The offence is serious and the council wishes to draw attention to their willingness to deal with contraventions and offenders.
• Where it is considered that publicity will have the desire effect by promoting compliance with enforcement standards generally.
• Details of successful prosecution cases and in some circumstances civil penalty notices will be entered onto relevant public databases.

6.9 Feedback

If you would like to give Torbay Council feedback on this policy or its services you may do so via our
complaints and compliments page or by email  or by writing to us at;

Information Compliance Team
Torbay Council
Town Hall
Castle Circus
Torquay
TQ1 3DR

6.10 Associated Documents

Civil Penalty Policy
HMO policy
Fees and Charges