Private rented sector housing enforcement policy

3.1

The Council has investigative and enforcement powers relating to all housing tenure. All enforcement options are available to the Council regardless of whether the premises in question are owner-occupied, privately rented or belong to a Registered Social Landlord (RSL).  South Essex Homes (SEH) is not subject to enforcement by the Council as it is an Arm’s Length Management Organisation of the Council.  Complaints regarding SEH properties are subject to a separate complaints process

3.2

Generally, the Council considers that owner-occupiers are usually in a position to take informed decisions concerning maintenance and improvement issues that might affect their welfare and are then able to set their financial priorities accordingly, tenants however, are not always able to do so. For this reason, the Council proposes that it is appropriate for its use of powers to be prioritised according to tenure, as follows:

3.3 - Owner occupiers

As owner occupiers are ordinarily able to make informed decisions about maintenance or safety issues in their homes, formal enforcement action against this tenure group is ordinarily limited, however, there may be exceptions including:

• vulnerable individuals who require the intervention of the Council to ensure their welfare is best protected
• hazards that might reasonably affect persons other than the occupants
• serious risk of life-threatening harm such as electrocution or fire

Unless an identified hazard is judged to pose an imminent risk of serious harm, the Council will contact the owner to confirm its involvement, explain the nature of the hazard and confirm the action it is intending to take. The Council will take account of any proposals or representations made by, or on behalf of the owner. The Council will solicit and take account of the opinion of the relevant Welfare Authority in considering both the vulnerability and capability of such persons as well as in determining what action it will then take.

3.4 - Private tenants

Legislation covering landlord and tenant issues requires that tenants notify their landlords of any problems with the property. This reasonably affords landlords an opportunity to carry out their obligations under the legislation. Where the matter appears to present an imminent risk to the health and safety of the occupants, it is expected that tenants will continue to try to contact their landlord, even if this is after they have contacted the Private Sector Housing Team. Copies of correspondence between the landlord and tenant should be provided for Officers. In certain situations, tenants will not be required to write to their landlord first, for example:

• where the matter appears to present an imminent risk to the health and safety of the occupants
• where there is a demonstrable history of harassment/threatened eviction/poor management practice
• where the tenant could not for some other reason be expected to contact their landlord/managing agent

For private tenants who rent through a Lettings Agency or Property Management company, there is a requirement for those agencies to belong to a Government approved redress scheme in accordance with the Enterprise and Regulatory Reform Act 2013. These tenants therefore have the right to complain to an independent person about the service they receive which should assist in settling disputes.

3.5 - Registered Social Landlords (RSL)

These are usually housing associations, being a private, non-profit making organisation that provides low cost “social housing” for people in need. Their performance is scrutinised by the Regulator for Social Housing and the Housing Ombudsman. RSL’s have written arrangements for reporting problems and clear response times for addressing these issues, in addition to having systems for registering any complaints about service failure. This service will not normally take action against an RSL, unless the problem in question has been properly reported to the RSL, they have failed to take the appropriate action and the tenant has been to the Housing Ombudsman without a satisfactory result. The Council will consider enforcement action against an RSL where there are significant risks to the health and safety of tenants and/or the wider public.

3.6 - Leaseholders

Other than in exceptional cases (on a case-by-case basis), the Council expects long leaseholders to invoke the terms of their lease to remedy problems of disrepair or nuisance themselves. Leaseholders may be able to get advice about how to settle a dispute about repair problems from the:

• Telephone 020 7374 5380
• Email: info@lease advice.org.uk

Leaseholders may need to consult a solicitor specialising in leasehold law.

3.7 - Caravan sites

The use of land as a caravan site usually requires a caravan site licence under the Caravan Sites and Control of Development Act 1960 and the Council may impose site licence conditions. The Council can take enforcement action should a site be operating without a licence or where site licence conditions are not being met.