Notices

Landlords and the law

Landlords have to abide by laws which set out minimum standards for private rented housing. These standards are generally assessed using a housing health and safety rating system (HHSRS) which fundamentally attempts to identify and remedy any significant hazards posed to any occupants or visitors.

These cover the state of repair of the property, fire precautions, provision of cooking, washing and toilet facilities, and other matters.

We have powers and duties to ensure that landlords are operating in accordance with these laws.

One of the main ways it does this is by inspecting properties, assessing risk and then issuing advice and any notices, which is a legal document which spells out what the landlord needs to do and by when it has to be done.

Some notices will require urgent action by the landlord, where conditions in the property are causing nuisance or are a danger to tenants' health. Others will require less urgent action, although a strict timetable will still be set out. Certain exceptional circumstances may require us to take immediate action.

How it works

We will inspect a property and may decide that works, action or prohibitions are needed to bring it up to the minimum legal standards.

We will then find out who the owner or manager of the property is, and issue them with a notice. Usually a pre-notice advice letter is sent out, outlining proposed action prior to the notice being issued.

A copy of the notice is sent to all known tenants in the property.

What happens next?

The landlord should carry out the works within the time limit set down. If they do, the notice may be cancelled or withdrawn, as it has been complied with and is no longer applicable.

Sometimes the landlord will carry out some of the works, and agree a new timetable with us to complete the rest. Alternatively the landlord may disagree with all or part of what we are telling them to do in the notice.

Under the law there is a right of appeal and if landlords take up this right they may appeal to the residential property tribunal or a county court, as appropriate to the type of notice. Here a chairman or judge may uphold the notice, change or cancel it.

What if the landlord doesn't do the work?

A landlord who does not comply with a notice issued by us is breaking the law.

If the work required in a notice is not carried out within the time limit set, and no new timetable is agreed, then we can prosecute the landlord.

There will be a hearing in the local magistrates court, and the landlord will usually be fined if found guilty. The magistrates can choose to amend the original notice and in some circumstances can even impose a daily fine, until the works required are carried out.

We can also get the work done and charge the costs to the landlord. This is called works in default. There is normally a 30 per cent charge for this and the resulting debt is entered on the local land charge register until paid.