Housing Enforcement Policy

Aim

The overall aim of the City Council's housing enforcement policy is to improve the living conditions and home environment within Chester District. The Council will do this wherever possible by consulting with and encouraging improvements from, housing providers. It will also assist owner-occupiers to help themselves and may provide financial assistance where it is appropriate to do so. However, in cases where an informal approach either does not work or the situation is too critical to allow delay, the Council will take the appropriate statutory enforcement action.

Information

The Council's Housing Enforcement Policy has been built up over a number of years and is changed and reviewed incrementally as circumstances dictate. It should be viewed as a live document which is influenced by results of consultation with, in particular, the Landlords Forum. Representations on the Policy may be made at any time to the Chief Housing Officer or to the Portfolio Holder for People's Well-Being by contacting them at the Council in the ways indicated at the end of this document.

Customer Groups

Chester has a sizeable student population many of whom are housed in Houses in Multiple Occupation (HMOs). The Council has worked closely with the Accommodation Officers of both Chester College and the Law College in Christleton to ensure compliance with current legislation and standards set by the Council.

The Council established a Landlords Forum in 1995 and has a database containing the details of members of the Forum. This is particularly useful as a contact for consultation and an opportunity to inform landlords of any changes in legislation.

Chester has small but strong ethnic communities with whom there has been valuable consultation covering various housing issues in the past. The communities are ready to provide individuals to act as interpreters if the need arises.

The Policy

Non-compliance with statutory requirements

In cases where an inspection by a Council officer reveals non-compliance with a statutory requirement the Council will endeavour to contact the person responsible as quickly as reasonably practicable. This may be by telephone, personal visit or in writing. In any event, the substance of the matter will be confirmed in writing within 3 working days.

The Council will set out clearly the nature of any remedial action required and over what time-scale and will make sure that any legal requirements are clearly distinguished from best practice advice.

The Council has adopted and is committed to the Principles of the Enforcement Concordat, a code of practice issued by the Cabinet Office on the fair enforcement of regulation on business. These principles will be taken into account in all housing related enforcement activities.

Before any formal enforcement action is considered the Council will provide an opportunity to discuss the circumstances of the case and resolve points of difference unless it is deemed that immediate action is required. The Council will also have regard to the following criteria:

• The seriousness/urgency of the offence
• The defendant's past history of compliance
• The deemed likelihood of voluntary compliance in the case being considered
• The impact of the offence on others
• The likely effectiveness of the various enforcement options.

In cases where prosecution is an option, the Council will have regard to the contents of the Code for Crown Prosecutors.

Shared enforcement roles

The Local Authority shares responsibilities for fire safety in houses in multiple occupation (HMOs) with the Fire Service. A protocol for joint working has been developed in which standards for fire safety required in "standard" 2 storey HMOs have been agreed. In premises with 3 storeys or more, or of unusual design, the Council will consult specifically with the Fire Service. This may involve submitting plans to the Fire Service or may involve joint inspections. Both authorities will work in accordance with the Principles of the Enforcement Concordat to improve fire safety standards where this is required. The Council retains the duty to enforce improvements under the Housing Acts after consultation with the Fire Service whilst the Fire Service can prohibit use in extreme situations using the Fire Precautions Act 1971.

Work in default

Where a person upon whom a statutory Notice has been served fails to comply with the terms of the Notice, the Council will consider whether or not carrying out works in default might be the most satisfactory course of action. A report will be taken to the Council's Cabinet for authorisation to carry out works in default. Before such a report is taken, the person in default will be given another opportunity to comply. Costs associated with works in default will be recovered from the responsible person or will be placed as a Land Charge on the property.

Houses in Multiple Occupation (HMOs)

The Council revised its policy on HMOs in Nov 1997. The revised (and updated) policy is as follows:

Statement of Principle

The Council recognises that houses in multiple occupation (HMOs) are often amongst the worst private sector rented properties in terms of management and condition and have an inherently increased risk of fire compared to properties occupied by single households. The Council has therefore adopted the following HMO Strategy to improve living conditions within HMOs in a systematic and programmed way.

Strategy

The Council has adopted standards which all categories of HMOs must reach once released by Planning as having either appropriate planning permission or established use.  These standards are published in a booklet, which is available on request from the Council. (Council Minute 110 6.9.88)

The Council has:

• Identified all HMOs in the District using as many sources as possible (e.g. files in the Private Sector Housing Section, Council Tax, Housing Benefits, Electoral Register, Building Control, Improvement Grants, Colleges).
• Carried out a rapid Risk Assessment Survey on all identified HMOs and ranked them according to risk.

The Council will continue to:

• Target HMOs for enforcement action in accordance with the risk rankings on a "worst first" basis, at a minimum rate of 60 properties per year. (Where it is appropriate to do so, sub-areas will be targeted for concentrated action).
• Inspect properties in detail and issue remedial schedules to landlords.  If properties are not improved within a reasonable time period (determined by officers based on the level of risk), pursue enforcement action under the Housing Acts.

Authority for Service of Notices under Article 2 of The Housing (Enforcement Procedures for Houses in Multiple Occupation) Order 1997 is delegated to the Chief Housing Officer. Service of Notice under Section 352 of the Housing Act 1985 is delegated to the Solicitor to the Council in consultation with the Chief Housing Officer.

Draft Enforcement timescales

1. Letter to owner/managing agent within 5 working days of first contact (or within 5 working days of receipt of Fire Officers Report). Specify on the letter the timescale for completion of the works. This will depend on Officer judgement in relation to the situation/severity/risk.
2. Confirmation or revisit to check interim domestic smoke detectors are installed within 7 days maximum.
3. If no response from the owner within the specified timescale, or within 28 days (whichever is the lesser) a Revisit is made to assess progress on the works
4. If significant works are outstanding, send letter to the owner within 5 working days of the revisit to the property. Owner given 14 days to action the works.
5. If no response from the owner to this 2^nd letter, and no works done, a Requisition for Information is serviced and accompanied by a final warning letter. Response required within 14 days
6. No response to the RFI/ still no works done after expiry of 14 days- hold a Case Conference. Consult with legal and/or other Statutory Authority eg Fire Service and serve legal notice under the appropriate legislation (timescales determined by officer judgement, but mindful of Appeal procedures etc.)
7. No compliance with notice- Situation passed to legal services for court date/ work in default procedures instigated (whichever is appropriate).

NB:Certain legislation may prescribe lesser timescales.

HMO Registration Scheme

The Council of the City of Chester (Registration of Houses in Multiple Occupation) Control Scheme 1998, was adopted on 16^th March 1998 and became operative from 1^st June 1998. The Scheme covers the entire District and provides for the Registration of certain houses that are let in multiple occupation. Leaflets detailing the Scheme can be obtained from the Council on request. A charging regime applies which is set out in the leaflets. (Council Minute 327 13.3.98).

Unfit Properties or properties in disrepair

There can be no general policy towards unfit or sub-standard housing. In each case, the Council will consider the condition of the property in accordance with Section 604 of the Housing Act 1985 and associated guidance, carrying out a Neighbourhood Renewal Assessment (NRA) to determine "the most satisfactory course of action" for each property or group of properties.

The options available include:

• Informal action to persuade and encourage repair, improvement, closure or demolition.
  • Repair  - Service of Section 189 or 190 Notices under the Housing Act 1985
  • Demolition Service of a Demolition Order
  • Clearance Declaration of a Clearance Area
  • Closure service of a Closing Order
• Deferred action notice ie. no action

Authority is delegated to officers to take enforcement action involving service of repair Notices. Where the NRA shows closure, demolition or clearance to be the most satisfactory course of action a report will be submitted to the Portfolio Holder and where necessary, to Cabinet. At each stage of the process, the owner of the property will be given the opportunity to make representations or proposals for carrying out works.

Home improvement grants

Breach of Home Improvement Grant Conditions

In cases where the City Council believes there may have been a breach of statutory grant conditions associated with the payment of a home improvement grant it will:

• Seek to establish the facts of the case.
• Advise the applicant(s) that they are in breach of grant conditions and ask for their immediate proposals to remedy the breach or face recovery proceedings.
• In cases where the breach is remedied promptly or the Council is satisfied either, that there has been no breach, or that it will be promptly remedied, take no further action.
• In all other cases, consult with the Council's legal department and institute recovery proceedings.

Sale of a property during the grant condition period

Where a sale of a property takes place or is proposed during the grant condition period there is a general presumption that the Council will recover the grant except where, upon considering representations received, the Council is persuaded that there are extenuating circumstances.

Notification of disconnection of supply by utility companies

The Council may occasionally be informed by a utility company of their intention to disconnect a supply to a tenanted property due to non-payment of the bill by the owner. In these circumstances the Council will investigate to determine if there are any vulnerable persons in the property and to establish all other pertinent details. If requested by the occupier in writing to do so, the Council will contact the owner informally to resolve the situation as quickly as possible. If the owner is not co-operative, a letter will be sent outlining the Council's powers under Section 33 of the Local Government (Miscellaneous Provisions Act) 1976 and a requisition for information will be served if necessary.

In circumstances where the bill is not paid within 48 hours of the supply being disconnected AND where the Council determines a vulnerable person is at risk, the Portfolio Holder for People's Well-Being will be consulted and an undertaking will be given to the utility company that the Council will become responsible for the bill. A Notice will be served on the tenant requiring him to pay the rent for the property directly to the Council until such time as the matter is finally resolved with the owner.

Standards of Performance

The standards of performance that can be expected from the Housing Service - response to complaints and requests for service etc., are set out in a separate booklet available from the Council, "Standards of Performance - Private Sector Housing".

Additionally, the Service complies with the Council's "Compliments, comments and complaints" policy. Explanatory leaflets are available from the Council's reception points.

Representations regarding this policy

Representations regarding this policy may be made in writing to the Chief Housing Officer or the Portfolio Holder for People's Well-Being at

Chester City Council
The Forum
Chester
CH1 2HS

Or by e-mail to the Chief Housing Officer at housing@chester.gov.uk or the Portfolio Holder for People's Well-Being at mia.jones@chester.gov.uk.