Private Rented Property Licensing - Meribel Mujih and Kevin Nwaefulu Compliance Officers - Barking and Dagenham
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Barking and Dagenham Licensing Scheme • 5 Year Borough wide Licensing Scheme (Sept 2019). • Duties and powers to deal with hazards identified under HHSRS (Housing, Health Safety Rating System) or provide financial assistance for home repair and improvement. • Officers may take informal or enforcement action.
How do we carry out inspections • The LA will carry out inspections ranging from many sources such as, • Complaints received from tenants • For selective licence purposes • Anti social behaviour/overcrowding complaints • Councillors request • General disrepairs
What are we looking for? • Compliant Properties • We assess for defects which constitute hazards on the day of inspection or in the next 12 months. • Signs of overcrowding. • Proof of inspections carried out by the landlord/agent. • Investigate any report of anti-social behaviour. • Check relevant documentations such as Gas safety certificate, EPC and Electrical certificate ( approved by competent bodies) tenancy agreement, deposit protection certificate and EIC.
• Following an inspection of a property by a LA Housing enforcement Officer, where a property has no identified defects during the inspection, the set officer will sign off the property as satisfactory and issue a licence where necessary. • Where a property has been identified with numerous defects, the officer on duty will decide the best course of action to take following the Housing Act 2004 enforcement concordant.
Informal Action • The aim of the Private Sector Housing team is to improve the housing conditions in the private sector by use of advice and education. We prefer to work with landlords where possible. We recognise that building works can take time to get organised we also recognise that the cost of works can sometimes seem very high for the amount of return. • The Council needs a supply of good quality privately rented accommodation suitable for the needs of its citizens. To achieve this aim the authority needs and values its good landlords. • However, there are occasions where these methods are not successful in improving conditions and therefore, it is necessary to consider enforcement action
Enforcement Options Available to Officers What are the enforcement options available to the Local Authority(LA). The LA can take action ranging from; • Improvement Notices - An improvement notice is used where reasonable remedial works can be carried out to reduce the hazard sufficiently. • Prohibition Orders - This order may prohibit the use of part or all of a premises for some or all purposes or for occupation by a particular number or description of people. An order may be appropriate where conditions present a risk but remedial action is unreasonable or impractical • Hazard Awareness Notices - This is used where a hazard has been identified but it is not necessarily serious enough to take formal action. It is a way of drawing attention to the need for remedial action. This notice is not registered as a land charge and has no appeal procedure.
• Emergency Remedial Action - this is only acceptable for use where there is an imminent risk of serious harm and the hazard must rate as a category 1. • Emergency Prohibition Order - this is only acceptable for use where there is an imminent risk of serious harm, the hazard rates as a category one and where it is not practical to carry out the remedial works. • Demolition Order - this can only be used in response to category 1 hazards, but not if the building is listed. • Clearance Area - All residential buildings in the proposed area must have at least one category 1 hazard. • Suspend Improvement Notices or Prohibition Orders - these notices may be suspended where enforcement action can safely be postponed until a specified event or time.
What would you do?
What would you do?
What would you do?
What would you do?
What did we do? • We served the landlord an Improvement Notice requiring the works to be complete. • £490 Charge Notice • Case was sent to our prosecutions team for legal action. • Landlord was fined the sum of £1200.
Any Questions?
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