Prosecutions
If a landlord has failed to carry out actions as specified in a statutory notice, then we may prosecute for non-compliance.
Landlords and the law
Landlords must abide by laws designed to ensure that properties they are renting out are safe and of reasonable standard.
We enforce these laws by inspecting and issuing notices to the landlord if there are problems with the property.
Any notice issued by us will set out full details of what works are required to bring a property up to standard, and how long the landlord has to carry them out. It also provides information about how to appeal against a notice, what may happen if a notice is not complied with, and other general information, including grants available.
Enforcing the law
Where a landlord fails to comply with a notice, we may begin prosecution by requesting a date for a hearing in the local magistrates court.
Carrying out part of the works specified in the notice is not enough, the council may still prosecute.
Landlords may also be liable for extra costs associated with the prosecution, such as the costs of re-inspecting the property or reports from specialists even if an agreement is reached before the prosecution goes ahead.
Once a hearing date is set at the magistrates court, we will put forward our evidence showing how the landlord failed to comply with the notice.
If you are found guilty
The penalty is usually a fine and can be substantial. For example the fine for non-compliance with a statutory nuisance is currently up to £20,000.
We will also seek to recover our legal and other costs from a landlord found guilty of non-compliance.
The magistrates may also choose to amend, alter or vary the original notice and introduce other conditions. In some circumstances they can even impose a daily fine, until the works required are carried out.
After the prosecution
If the works required are still not carried out completely, we can prosecute again.
We can also carry out the works and charge all costs to the landlord. This is called works in default.