Landlords be warned: local Councils have the power to serve notices where property is found to contain serious hazards which put tenants at risk. Such notices are known as improvement notices. Councils have the authority to inspect rental properties, especially if complaints are made about living conditions.
This should not to be taken lightly, as failing to comply with an improvement notice is a criminal offence. Courts will often look unfavourably on landlords and the possible defences have a high threshold to meet. In addition to criminal prosecution, landlords could also be fined by up to £30,000. If the landlord is a company, directors of that company can be personally prosecuted or fined. Also, if a Council is trying to ensure that improvement works are actually carried out, they have the power to take action and do the works themselves.
So what action should a landlord take if they receive an improvement notice to avoid the consequences?
1 – Assess the Notice:
- Read the notice carefully to understand what specific issues or hazards have been identified and which need to be addressed.
2 – Act Within the Timeframe:
- The notice will also provide a timeframe for completing the necessary improvements, ranging from 28 days to several months, depending on the seriousness of the hazard.
- You must take action within the timeframe stated in the notice. Ignoring an improvement notice can lead to serious consequences as outlined above.
3 – Carry Out the Works:
- You’ll need to arrange for repairs or improvements to be carried out by qualified contractors.
- Ensure that the repairs or improvements meet the standards set by the notice. For example, if there is a structural problem or a damp and mould issue, make sure that you hire professionals to carry out the work to a satisfactory level.
4 – Contact the Council if Needed:
- If there’s a genuine reason you cannot comply with the notice within the given timeframe (e.g. issues with accessing the property or appointing contractors), contact the local Council to request an extension.
- Always keep the Council updated with your progress and any potential delays.
5 – Can I Appeal an Improvement Notice?
- If you believe a notice is unfair or incorrect, you can appeal it. Appeals must usually be made within 21 days of receiving the notice.
- Often there is scope for negotiation. There might be a good reason why the works proposed by the Council are not the best approach.
- If you are struggling to get access to a property in order to comply, Councils often are willing to suspend the effect of the notice.
6 – Keep a Record of the Work:
- After completing the repairs, keep detailed records of the work carried out, including receipts, invoices, and photographs as evidence that you’ve complied with the notice.
- Once the work is done, the Council may inspect the property to confirm that the hazards have been removed.
Improvement notices need to be taken seriously, but you can make it easier to navigate them by taking the steps above and taking professional advice about your options.
Get in touch
If you are a landlord who has received an improvement notice or has a query in relation to them, we can help you to understand the issues and provide advice tailored to your situation to manage the impact. Please contact Beth Margetson, Phil Hunt or Megan Evans at mfg Solicitors.
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