Wyre will advise landlords and their tenants on how to meet their obligations without unnecessary expense, however, we will take firm action, including prosecution where appropriate, against those who consistently break the law or act irresponsibly.
In doing so, we will follow government guidance, which commits us to good enforcement policies and procedures to protect both tenants and landlords, at the same time carrying out enforcement functions in an equitable, practical and consistent manner.
Procedure
Inspections of properties will be undertaken using the appropriate standards, guidance and recommendations.
When works are found to be necessary to comply with the law, the landlord will be provided with a schedule detailing the work necessary for the house to comply. Reasonable dates to start and finish the work will be agreed between the inspecting officer and the landlord.
However, if a tenant's health or well-being is at imminent risk of serious harm, works might be required immediately, or in some exceptional circumstances a house or part of a house might be prohibited from being occupied.
If a landlord fails to meet his agreed obligations, formal action will be instigated. This will be done by informing the landlord of the date and time when a further inspection will be carried out.
The purpose of this second inspection will be to determine any category 1 and/or category 2 hazards that may be present by using the Housing Health and Safety Rating System as required by the Housing Act 2004. Any category 1 hazards found to be present will result in the service of statutory notices and any category 2 hazards present may result in the service of statutory notices.
The council can recover our costs in the preparation and administration of these notices served under the Housing Act 2004. This charge is currently around £400 per notice, per dwelling. In the event of us having to serve a statutory notice, the details and rights of appeal will be made clear to the recipient.
Failure to comply with a statutory notice is a summary offence, and a landlord on conviction in the magistrates court would be liable in most cases to a fine not exceeding £5,000.
Investigation may also be undertaken to identify those houses in multiple occupation (HMOs) that are required to be licensed under Part II Housing Act 2004. Landlords of those HMOs that come within the scope of the licensing requirements but have failed to seek a licence will be advised accordingly. Any landlord who, after two warnings fails to licence the HMO will be prosecuted.