Works in default
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. When a landlord has failed to carry out works required under a statutory notice within the time limit laid down in the notice, we can arrange to get the work done itself.
This is called carrying out works to a property in default of the landlord.
Urgent work
Some work is urgent, usually work to deal with statutory nuisance or danger to health, such as that covered by notices under Section 80 of the Environmental Protection Act 1990.
In these cases we may get the work done in a short period of time, normally within weeks of a notice being served.
Other work
Less urgent work, which is also usually more substantial will be dealt with in stages.
- first, a Notice of Intention is issued to the landlord, telling them that we intend to carry out the work in their default
- we will provide a specification of required works and tenders will be sought from a range of contractors
- the successful contractor will then carry out the work, supervised by one of our officers.
Gaining access
Landlords must allow our appointed contractors in to the properties to carry out the work. If they do not, we can issue a notice of entry which must be complied with and can also obtain a warrant of entry from the local magistrates court if necessary.
After the work is done
When work is completed a financial charge is placed on the property. We will invoice the landlord for the full cost of the works carried out including an administrative charge of 30 per cent, and failure to pay will result in firm action by us to recover its costs.
If payment is not received after a reminder invoice is sent, we may:
- collect the money through rent. A Housing Act Notice requiring the landlord to pay rent to us may be served and rent collected until the debt is cleared
- refer the debt for legal action to recover our costs, including the cost of legal action.
Failure to pay up also means that interest is added to the outstanding amount, payable on a daily basis.
Both the original notices issued to the landlord and any resulting charges, including interest charges, will be recorded against the properties concerned on the local land charge register.
A landlord who owes money to us cannot hold a license for a house in multiple occupation.