Private Housing Enforcement Policy

The Council's Aim
The Council's Policy
Your Questions Answered

Who will inspect/visit my premises
What will they look for
How often will my premises be visited
What can I expect from the Officer
What powers do officers have and what action will they take
What rights of Appeal are there against Statutory Notices and other formal action
What if I do not agree with the action taken and want to complain

The Local Government Ombudsman
Inconsistent Enforcement
Advice/Information

Peterborough City Council undertaking

The Council's Aim

One of Peterborough City Council's stated aims is to ensure the provision of safe and healthy accommodation in the City.

The City Council will seek to achieve this by the enforcement of housing legislation, and by setting housing standards in the City in accordance with relevant advisory/legislative guidance.

The objective of this document is to detail for businesses and other service users what they may expect from the Council's Enforcement Officers, and the decision-making framework which the Council will apply in deciding what, if any, of its powers to exercise in enforcing the provisions of law.

The Council's Policy

Peterborough City Council's Private Sector Housing service

Has formally adopted the Government's Concordat on Good Enforcement and is committed to following the policies and procedures contained therein.
Takes into account guidance set out in the Code for Crown Prosecutors.
Recognises where there is a shared enforcement role with other authorities and enforcement bodies, and has in place arrangements to promote co-operation and consistency.
Takes into account the needs of all stakeholders in the area, including businesses, employees and the public.

Your questions answered

1. Who will inspect/visit my premises?

Authorised officers have the right to enter and inspect any housing accommodation if a complaint has been received and they are invited into the premises by the tenant occupying it. Once a complaint has been received Officers respond according to the severity of the defect. This may be a response the same day for dangerous gas/electrics or drainage blockages to 5 days for minor disrepair. Officers also have the right to enter in order to check the progression/completion of repair works required by informal or formal notices. In all other circumstances, e.g. survey or programmed inspection the officer must give you notice of his/her intended access in accordance with the relevant legislation. This is usually a minimum of 24 hours' notice. Where proper notice has been given and access has been denied, an officer can apply to a Justice of the Peace to obtain a warrant.

2. What will they look for?

Officers will look at the structure of the premises and at the installations and fittings so as to assess the standard of repair, amenities, level of occupancy and, in houses in multiple occupation (HMOs) the means of escape in case of fire and other fire precautions. In general, officers will ensure that your premises complies with housing legislation and that the health, safety and comfort of tenants is safeguarded.

3. How often will my premises be visited?

Inspections may occur as a result of a compliant or, in the case of HMOs, the Council has a programme of inspections. The frequency of programmed inspections is determined by an assessment of the potential risk posed by your premises, and the record of management. HMOs covered by the Council's compulsory registration scheme will be subject to inspection on application or during the five-year period of registration.

4. What can I expect from the Officer?

To be shown identification
To be treated courteously
To be able to discuss the inspection findings and to receive advice and guidance
To receive a written report of the inspection, to include any action necessary to comply with the law, and any recommendations
Agreement of a reasonable timescale for any necessary works to be carried out, except where conditions are prejudicial to the health and safety of tenants
To be informed of any likely follow-up action
To be allowed to discuss any relevant circumstances before any formal enforcement action is taken, unless immediate action is required
To be notified in writing of any rights of appeal against formal action, at the time it is taken

5.What Powers do Officer have and what action will they take?

Authorised officers can inspect and survey the entire premises and use equipment to take measurements where appropriate.

An officer may take enforcement action in several ways to deal with a breach of housing law. This will include one or more of the following:

Take no enforcement action - Where the premises are found to be satisfactory; where appropriate, this will be confirmed in writing.
Take informal enforcement action - Where there is no risk to health and safety and where it is considered that informal action will be successful, as confidence in the person having control is high.
Take formal enforcement action - where there is risk to health and safety. The following options for formal action are available to officers:

'Minded to Take Action' Notices - state the Council's intention to take enforcement action under various sections of the Housing Act 1985; i.e. the service of repair notices, demolition, closure or deferred action. These notices give landlords the right to make written or verbal representations with regards to the proposed action and schedule of works. Representations must be received within 14 days.

Statutory Notices - served where a 'Minded to Take Action' notice has not been complied with, or where there is a history of non-compliance, or when conditions are serious. Other legislation, such as the Environmental Protection Act 1990 and Building Act 1984, do not have a 'Minded to Take Action' procedure, and in certain situations the Council has a duty to serve a statutory notice, i.e. where conditions are prejudicial to health or a nuisance.

By Prosecuting - When, in an Officer's opinion, an offence has been committed and there is sufficient evidence to initiate a prosecution, he/she shall take into account a number of factors in accordance with the Code for Crown Prosecutors before deciding to prosecute. These factors may include:

The seriousness of the alleged offence

The history of the business or individual

The willingness of the business or individual to prevent a recurrence of the problem and co-operate with officers

Whether it is in the public interest to prosecute

The likelihood of the prosecution succeeding

Whether any other action (including a formal caution) would be more appropriate or effective

These factors are not listed in order of priority or significance, and their rating will vary with each situation under consideration. The final decision to prosecute offenders rests with the Assistant Director of Community Services, who will consider the policies and procedures in the Enforcement Concordat before giving his authorisation to proceed with formal action.

By issuing a formal caution - when the conditions for prosecution are fulfilled, but a prosecution is not in the public interest; the person admits the offence and is prepared to accept a formal caution.

By carrying out works in default - when there has been a failure to comply in full or in part with a statutory notice in addition to considering prosecution, the Council can arrange for the outstanding works to be carried out in the owner's default and the costs then recovered from the owner.

6. What rights of Appeal are there against Statutory Notices and other Formal Action?

You will be notified in writing of any rights of appeal against formal action (including the service of a statutory notice) at the time it is taken.

7. What if I do not agree with the action taken and want to complain?

Contact the Officer directly or the Private Sector Housing Manager stating why you do not agree and any proposed alternative action. If you are still not satisfied: Contact the Assistant Director of Community Services, Bayard Place, Broadway, Peterborough PE1 1HZ, who will acknowledge your complaint in writing and investigate. If you remain unhappy you can have the complaint investigated by the City Council's Central Complaints Unit.

The Local Government Ombudsman

If, having been through all the previous stages of complaint, you are still unhappy, then you may refer the matter to the Local Government Ombudsman. This is an independent organisation and can be contacted by writing to or telephoning:

Local Government Ombudsman
The Oaks,
No. 2 Westwood Way
Westwood Business Park
Coventry CV4 8JB
Tel. 024 7682 0000

Inconsistent Enforcement

If you think that there are inconsistencies in Peterborough City Council's approach compared to another Local Authority, then you should contact the Private Sector Housing Manager to discuss the matter further.

Advice/Information

Although this leaflet is about our enforcement policy, the Private Sector Housing section is committed to giving landlords the information and advice they need in order to provide safe, well-managed housing accommodation. The Council holds a 'Landlords Forum' two or three times a year; this provides information on current housing-related issues and an opportunity to raise and discuss topics of interest and concern. Should you wish to discuss the contents of this leaflet, require advice on housing standards, or require further information regarding the Council's Landlords' Forum or Registration Scheme for HMOs, please contact the address below:
Private Sector Housing
Community Services
Bayard Place
Broadway
Peterborough PE1 1HZ
Tel. 01733 742535
Fax. 01733 742600

Peterborough City Council

undertakes

To enforce the law in such a way as to be supportive and helpful to businesses and individuals, and to achieve compliance by means of a partnership approach
To carry out our enforcement responsibilities in an open, fair and consistent manner
To distinguish clearly between legal requirements and best-practice advice
To make sure that businesses and individuals are aware of their responsibilities and of the consequences of failing to meet their obligations
As far as the law allows, to discuss enforcement issues with proprietors and to consider business needs, before taking enforcement action
To target resources and enforcement actions according to the need for public protection
To ensure that enforcement action is proportionate to risk, and to use the full sanctions of the law only in cases where there are either significant contraventions, persons have been put at risk, there is a history of non-compliance or lack of confidence in management, where conditions are serious and deteriorating, there has been a failure to comply in full or part with a statutory notice, and that it is in the public interest to prosecute