Works in Default

Local authorities have delegated powers from Parliament to enforce Statutory Notices. One of these powers allows the authority to carry out works "in default" of the person(s) on whom the Notice has been served, if they have failed to comply with it.

If the works necessary to comply with the Notice are not being carried out quickly enough, or to a high enough standard, the Council can step in and arrange for the works to be done by approved contractors.

The works in default officer will specify the work needed, and then obtain quotes from 3 contractors. The WID officer will then make all necessary arrangements to have the work done. Once the work is satisfactorily completed, the Council will serve a demand (a bill) on the person or persons responsible. The responsible person(s) then have a maximum of 2 years to pay the outstanding balance.

The Council takes a hard line on non-payment of such debts: this is not an interest-free loan, nor a cheap way of getting someone else to do the work. The Council has recovered over £45,000 of Works in Default debts in less than 2 years. As a last resort, the Council will apply for Court Orders, send in Bailiffs, or debt recovery agencies.

Notes for Landlords

WHAT ARE "WORKS IN DEFAULT"?

Central Government has given delegated powers to Local Authorities to enforce standards for housing in their district.

When a property is inspected and defects found, a Statutory Notice specifying the repair work needed is served on the owner/landlord of the property.

If these Notices are not complied with, the Council has powers to intervene and carry out the works in default of the Landlord this means the Council arranges for Contractors to do the repairs, pays them and reclaims all costs from the Landlord.

WHAT HAPPENS NEXT?

After the Statutory Notices have expired the works in default ("WID") Officer will visit the property to check what works are outstanding. Any scheduled repairs which have not been completed satisfactorily will be carried out as work in default.
Contractors will be selected from an approved list to quote for the Works.
Up to three Contractors will quote for the work, depending on the type and urgency of repairs.
A further legal Notice will be served confirming the Council's intention to enter the property and carry out repairs. This gives you a further seven days to carry out the repairs yourself. After this period it is an offence to have your own Contractors on site.
The WID Officer will oversee the Contract.
When works are completed, the WID and Case Officer will inspect.
The Council pays the Contractor(s).
You will be re-charged for the cost of the works plus administration costs including Officer time.

POINTS TO NOTE

The work in default process can only deal with repairs specified in the original Statutory Notice.
You will be charged for the WID Officer's time spent on the case, at an hourly rate.
It is an offence to obstruct an Officer of the Council or an authorised Contractor.
The debt will be registered as a First Charge on the property and will accrue interest after 28days.
If you are unhappy with the cost of the works an appeal can be lodged at the County Court within 21 days of the Demand being served on you.

WHAT ARE YOUR RESPONSIBILITIES AS A LANDLORD?

Please ensure we are kept up to date with any developments, including changes in your circumstances.
Please ensure we can contact you - do we have your current telephone numbers?
Please make realistic appointments and keep them; wasted time won't get the job done, and will cost you more money.
Please let us know as soon as possible, if you are unable to keep an appointment for any reason.
Make sure Contractors have the access they need.
You will not always be asked to provide access, as your tenants may make this available.

FREQUENTLY ASKED QUESTIONS

Do the tenants have to move out while the works are done?

It depends on the extent of the works.

If the tenants have to move out, who finds them temporary accommodation?

It is Landlord's responsibility to find alternative accommodation when necessary.

REMEMBER

We are here to get the job done as smoothly and efficiently as possible. Please help us to do this, by keeping us informed of developments, keeping any appointments made.

Notes for Tenants

WHAT ARE "WORKS IN DEFAULT"?

The Housing Act 1985 sets out standards for the condition of housing and gives the Council powers to enforce those standards.

When a property is inspected and defects are found, a legal Notice listing the repair work needed is served on the owner/landlord of the property.

WHAT HAPPENS NEXT?

The works in default ("WID") Officer will contact you to arrange a visit.
They will check to see what works, if any, have been done, explain the WID process and answer any questions you have.
Contractors will be selected from an approved list to quote for the Scheduled Works.
You can expect at least three Contractors to call to price the works.
Once Contractors have been selected, start dates will be arranged with you.
When works are completed, the WID and Case Officer will inspect.
The Council pays the Contractor(s).
Your Landlord will be re-charged for the cost of the works plus administration.

POINTS TO NOTE

The work in default process can only deal with repairs specified in the original legal Notice.
While we will try to get work done as quickly as possible, it will take some time to get things done (i.e. we need to give Contractors three weeks to price the work properly). Please try to be patient.
A certain amount of mess and disruption is inevitable with building work, although the Contractors will keep this to a minimum.
If work is being done under an Environmental Protection Act or Local Government Act Notice, work may be more urgent, and so done more quickly.
IF IN DOUBT, ASK!

WHAT ARE YOUR RESPONSIBILITIES AS A TENANT?

Please ensure we are kept up to date with any developments, including changes in your circumstances.
Please ensure we can contact you - do we have your current telephone number?
Please make realistic appointments when asked, and keep them; wasted time won't get the job done, and will delay the whole process.
If you are unable to keep an appointment for any reason, please let us know as soon as possible.
Make sure Contractors can access the areas they need to, (i.e. by moving furniture as required, when asked).
Let us know if you have any special circumstances we need to take into account (i.e. asthma, disability etc.).
Let us know if you have any appointments or holidays, which may prevent access to your property.

FREQUENTLY ASKED QUESTIONS

Do I have to move out while the works are done?

It depends on the works! Usually NOT although sometimes we may advise you go out while Contractors are on site where dust and fumes are created, especially if you have children.

If I do have to move out, who finds me temporary accommodation?

In the first instance it is your Landlord's responsibility to find alternative accommodation when necessary.

Can my Landlord put up my rent after the works are done?

The works are being carried out because the property is below standard, therefore, your rent should not go up. However, if you have further concerns you are advised to contact either the Housing Advice Centre or the Citizens' Advice Bureau.

Will I be charged for these works?

No. We are doing the work because your Landlord has failed to.

REMEMBER

We are here to get the job done as smoothly and efficiently as possible. Please help us to do this, by keeping us informed of developments, keeping any appointments made.

Drains and Drainage

Private drains or sewers

Responsibility for unblocking, maintenance, and repair of private drains and sewers is shared between all those houseowners who have the benefit of their use. These same people are jointly and equally liable for costs incurred.

By the time you, your neighbours and the other responsible parties get this leaflet, it is likely that some or all of you have been unable to come to an agreement over dealing with a drainage problem. The City Council may have served a Statutory Notice on you and the other parties, or may be about to. Even though yours is a private drain or sewer, the Council still havea Statutory duty to deal with nusiances such as this, so they may step in if the parties with responsibility cannot reach agreement.

What are "Works in Default"?

Central Government has given delegated powers to Local Authorities to enforce standards for housing in their district. Under these powers Statutory Notices specifying the repair work needed can be served on the owner(s) of the property or properties requiring them to carry out necessary works.

If these Notices are not complied with in the specified time the Council has powers to intervene and carry out the works "in default" of the owner(s). This means the Council arranges for Contractors to do the repairs, pays them and reclaims all costs from the owners.

What happens next?

After the Statutory Notices have expired the works in default ("WID") Officer will visit the property to check what works are outstanding. Any scheduled repairs which have not been completed satisfactorily will be carried out as work in default.
Depending on the Statute in use, a further legal Notice may be served confirming the Council's intention to enter the property and carry out repairs.
Up to three contractors will be selected from an approved list to quote for the Works.
The WID Officer will oversee the contract.
The Council pays the Contractor(s).
You will be re-charged for the cost of the works plus administration costs including Officer time at an hourly rate.
The debt will be registered as a First Charge on the property and will start to accrue interest after 28 days. The City Council will actively pursue the debt.
If you are unhappy with the cost of the works an appeal can be lodged at the County Court within 21 days of the Demand being served on you. The Court will make a charge for processing the appeal.

Points to Note

The work in default process can only deal with repairs specified in the original Statutory Notice.
It is an offence to obstruct an Officer of the Council or an authorised Contractor during the Work in Default process.
Co-operation with Council Officers and Council appointed contractors can help to reduce the cost of your bill. Please ensure you keep appointments and inform us quickly of any changes in circumstances.

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