Middlesbrough Council Housing Protection Services

Middlesbrough Council Housing Protection Services

Community Protection Service Enforcement Policy

Appendix 3

Enforcement Policy– Housing

Introduction to Enforcement Policy

1.The Housing Act 2004 guides the way we deal with private residentialaccommodation. It introduces a system for assessing a range of ‘hazards’ and scoring them based on accident and health data. This approach ensures that enforcement action is targeted where it can have the greatest impact on improving health and safety.

2.The Act also introduced a system of mandatory licensing of certain high risk Houses in Multiple Occupation (HMOs) and the option for additional and selective licensing of other HMO’s and residential accommodation not included in the mandatory scheme.

3.As an authority we are keen to promote a thriving private rented sector as it has a key role to play in providing affordable accommodation. This policy is intended to ensure that

  • As a regulator to ensure Middlesbrough Council meets its obligations to enforce housing standards
  • Resources are used in the most effective way possible to ensure the health and safety of residents and a good healthy supply of private accommodation.
  • Officers make decisions based on a professional approach to problem solving
  • That there is a consistent and transparent approach to decision making
  • We inform the public of the principles by which enforcement action is arrived at and undertaken.

Housing Health and Safety Rating System (HHSRS)

4.The HHSRS allows us to consider up to 29 different hazards when deciding on what action we need to take in helping landlords and managers to achieve compliance with the Housing Act. These hazards are classified according to ten risk bands and are split into Category 1 (the three highest risk bands) and Category 2 hazards (the seven lower risk bands). The HHSRS is a method of assessment on which an action/intervention can be justified.

5.We have a duty to take appropriate action when category 1 hazards are found. The action taken can include informal action or formal action as listed under ‘Enforcement Options’ defined later within the policy.

6.Where we discover a Category 2 hazard we are also allowed to take

appropriate action.

When considering category 2 hazards we will take into account the following;

  • The occupancy of and any regular visitors to the dwelling. If occupants are vulnerable then we would be more likely to take enforcement action.
  • The views of the occupiers.
  • Where the premises are occupied by certain groups, such as drug and alcohol dependant people in a hostel. We would give greater consideration to taking enforcement action and would give a high priority to fire safety hazards.
  • Consideration will be given where there are multiple hazards. We would be more likely to take action where we find a number of category 2 hazards than if we find just one.
  • We would not generally take enforcement action on owner/occupied dwellings.

Houses in Multiple Occupation (HMOs)

7.Mandatory licensing applies to HMOs of three or more stories, which contain five or more residents. Premises subject to mandatory licensing are those that we would consider to be the highest risk premises, in that they are large premises occupied by unrelated individuals who share some common amenities. Statistics demonstrate that the risk of fire, injury and ill health is higher in these types of premises.

8.The council wants to focus its resources on taking action in premises, which are poorly run, and in an unsafe condition. We will therefore seek to enforce the mandatory licensing scheme on all accommodation to which it applies. To achieve this aim Middlesbrough Council will:

  • Use all available data to identify relevant properties
  • Assess whether a licensable HMO is being managed well
  • Visit those properties that we believe are not being run so well or that

we have not visited before.

  • Work with landlords and tenants to achieve better standards

9.By focusing resources on the worst HMOs we will be contributing towards the governments target of reducing the number of vulnerable people living in non-decent homes.

10.In deciding whether to grant a license to a landlord or property manager we will base our decision on:

  • whether the applicant is a fit and proper person i.e. does not

have unspent convictions relating to fraud, dishonesty, violence, drugs or sexual offences or race sex or disability discrimination or offences under the Housing legislation.

  • whether an individual has had a license application refused by another authority.

11.If we grant a license it will be valid for up to five years. It will set out certain conditions:

  • setting the maximum number of occupiers in the accommodation.
  • relating to the standards we would expect in HMO’s for the

maintenance of the premises and common facilities.

  • requiring gas safety certificates to be provided annually
  • for keeping electrical appliances and furniture in safe condition
  • requiring evidence that any fire warning system is properly

maintained

  • that license holders supply evidence of tenancy agreements.

12.In addition we will ensure that applicants receive a copy of the authority’s HMO Management Regulations, information on our own local requirements, and where possible, we will encourage license applicants to attend relevant training in partnership run by Middlesbrough Council.

13.In certain circumstances we can intervene to take over the management of a HMO:

  • where we believe that the premises is being inadequately managed or the manager or landlord is not a fit and proper person
  • where an owner or landlord fails to apply for a license.

14.If we believe that a property is not being managed properly or where it cannot be managed properly we will consider issuing an Interim Management Order (IMO). An IMO lasts for up to I year and allows the Council to manage or appoint its own manager to carry out all the functions usually carried out by an owner or landlord. I.e. collect rents, replace tenants and carry out repairs to reduce hazards.

15.At the end of the IMO, if it is considered that the manager or owner or landlord is still unable or unsuitable to properly manage the property, the Council can make a Final Management Order (FMO), which can last for up to five years.

Selective Licensing

16.Part 3 of the Housing Act 2004 makes provision for local authorities to introduce Selective Licensing to deal with particular problems in the private rented sector. The designation gives Middlesbrough Council greater powers to place licensing regulations upon landlords in targeted areas.

17.To apply for Selective Licensing the targeted area must be

  • An area of low housing demand
  • An area with significant and persistent problems caused by ant-social behaviour
  • An area with challenges in the private rented sector

18.In March 2007, Middlesbrough Council became the second local authority in the country to be receive formal consent from The Department for Communities and Local Government (DCLG) to introduce Selective Licensing.

18.Since 5th June 2007 private landlords who have properties in the Gresham / Middlehaven area have been required to apply for a landlord licence, with fines of up to £20,000 if they’re found to be renting a property without one.

19.The problems of anti-social behaviour, poor quality rented housing and irresponsible and unscrupulous landlords in the priority areas of Gresham/Middlehaven are targeted by Middlesbrough Council through the introduction of Selective Licensing.

20.In deciding whether to grant a license to a landlord or property manager we will base our decision on:

  • Whether the applicant is a fit and proper person i.e. does not

have unspent convictions relating to fraud, dishonesty, violence, drugs or sexual offences or race sex or disability discrimination or offences under the Housing legislation.

  • whether an individual has had a license application refused by another authority.

21.If we grant a license it will be valid for up to five years. It will set out certain conditions:

  • requiring referencing of tenants.
  • a requirement to take reasonable and practicable steps to prevent or reduce anti-social behaviour.
  • requiring gas safety certificates to be provided annually
  • a requirement to keepelectrical appliances and furniture in safe condition
  • requiring evidence that any fire warning system is properly

maintained

  • that license holders supply evidence of tenancy agreements.

22.In addition we will ensure that applicants receive a copy of the authority’s information on our own local requirements, and where possible, we will encourage license applicants to attend relevant training in partnership run by Middlesbrough Council.

23.In certain circumstances we can intervene to take over the management of a selective licensed premises.

  • where we believe that the premises is being inadequately managed or the manager or landlord is not a fit and proper person
  • where an owner or landlord fails to apply for a license.

24.If we believe that a property is not being managed properly or where it cannot be managed properly we will consider issuing an Interim Management Order (IMO) or a Final Management Order (FMO) as described in paragraph 14 and 15 above.

Approach to enforcement action

25.There are two types of enforcement work we engage in: -

Informal Action

26.Informal action will generally be considered as the first step unless the problem is of a serious nature and there is an imminent risk to health and safety. In most circumstances tenants will be advised to contact the landlord about the problem first if they have not already done so.

27.Informal action usually involves Council Officers undertaking one or more of the following: -

  • No action where complaints or allegations of breaches in housing legislation are unsubstantiated or formal action is inappropriate in the circumstances;
  • Verbal advice;
  • Verbal request for action;
  • Written request for action;
  • Written warning of formal action if faults are not corrected.

28.Circumstances in which informal action is likely to be appropriate include situations where: -

i)The landlord is willing to undertake the required remedial action;

ii)The act or omission is not serious enough to warrant formal action.

iii)The individual or company's past history suggests informal action will achieve compliance;

iv)The Officer’s confidence in the management of the property or premises is high;

v)Standards are generally good suggesting a high level of awareness of statutory responsibilities; and

vi)The consequences of non-compliance with standards are acceptable e.g. minor matters, or the time period allowed to seek compliance does not present a significant risk to public health.

29.A re-visit may be carried out where informal action has been agreed to confirm that identified faults have been corrected.

Formal Action

30.Formal action will be considered where the informal approach has not been successful in ensuring compliance or in situations where there is an imminent risk to public health or the health and safety of the occupants, visitors or passers-by.

31.Formal action usually consists of one or more of the following: -

  • The service of appropriate statutory notices;
  • Undertaking works in default of a statutory notice;
  • Undertaking emergency remedial works;
  • Issuing simple cautions
  • Prosecution.
  • Revocation of a HMO Licence.
  • Revocation of a Selective Licence.
  • Rent Repayment Order.

32.In coming to a decision Officers will in every case have regard to;

i)The seriousness and categorisation of the hazard;

ii)Whether the Council has a duty or a discretionary power to take action;

iii)The individual's or company's past history in terms of compliance;

iv)The Officers confidence in the management of the property or premises;

v)The consequences of non-compliance in terms of risk to people, property or the environment;

vi)The likely effectiveness of the various enforcement options; and

vii)The risk to public health or the health and safety of the occupant(s).

Enforcement Options

33.Consideration will be given to Middlesbrough Council’s Community Protection Service Enforcement Policy when determining enforcement options. The decision as to what action to take will be determined by the circumstances surrounding the case. The following options are available, listed in order of seriousness:

  • Hazard Awareness Notice
  • Minded to Notice
  • Improvement Notice
  • Prohibition Notice
  • Emergency Remedial Action
  • Emergency Prohibition Order
  • Demolition Orders and Clearance Areas
  • Revocation of a HMO Licence
  • Revocation of a SelectiveLicence
  • Rent Repayment Order

34.The authority cannot take more than one of these actions (unless it is an

emergency action) at one time but can vary the action required if one of these actions taken has proved unsuccessful. Emergency procedures cannot be used for anything but the most urgent issues.

35.All Notices and Orders will have a statement of reason attached to them. The statement will state why one type of enforcement taken was taken instead of another. Considerations will be given to the views of owners, landlords, and tenants before formal action is taken except in very urgent cases.

  1. All notices will clearly state what is required to be done to remedy the hazard, and when it has to be done by.

37.We will always inform recipients of notices and orders on how to appeal to the Residential Property Tribunal (RPT) if they believe we have served a legal document in error or if the recipient believes our proposed course of action is unjustified.

Power to Take Action without Agreement

38.Where a statutory notice has been served and: -

i)the specified works have not been completed within the required timescale and no acceptable representations are made to extend the timescale; or

ii)the Council considers that reasonable progress is not being made for completion of an action specified in an improvement notice;

  1. We may seek to enter the premises for the purpose of taking action in relation to the hazard. We will take action to recover all reasonable expenses in all cases where action is required in default of a statutory notice.

Prosecution

40.In determining whether to prosecute for breach of any offence particular regard will be given to the main body of the enforcement policy.

Review

  1. This policy will be reviewed annually or in the event of a change in circumstance that warrants an earlier review.

Signed:Dated:

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