Improvement notices in relation to EDMOs
Recently on the separate EDMO loop, one EPO wrote:
"My approach, assuming that major works are required, is to serve an Improvement Notice first requiring the necessary renovations to be carried out. If the owner complies, great, you can then go on to make your EDMO. If he doesn’t you can do works in default which are then immediately a charge on the property. If he pays, great, you can then go on to make your EDMO. If he doesn’t pay, you can apply for enforced sale. This means that once you have an EDMO, you only need to do minor works such as decorating, carpeting etc. and the property is ready for letting."
My own LA is unsure whether an Improvement Notice would be justifiable for a dwelling which has no occupiers to protect. An RPT might question the use of an Improvement Notice for a vacant dwelling, when the EDMO power is available to remedy both disrepair and vacnancy. Perhaps an RPT would be less critical if the cost of necessary works could not be recouped within a 7 years EDMO.
The LA of the EPO quoted above has not in practice served an Improvement Notice on a vacant dwelling, though willing in principle to do so. I would therefore be interested to hear from any LA which has done so in practice, and in particular:
- did an RPT appeal result
- if so, did the RPT uphold the Improvement Notice
- could the works cost have been recouped within a 7 years EDMO?
Thank you.
- Forums
Improvement Notices on empty properties
We have just started serving these on empty properties and the results have been impressive - owners really sit up & take action. In both the cases where Improvement Notices have been served, owners who had ignored other threats/persuasion/grant offers for years, have put the properties up for sale immediately.
We have not yet had an appeal, but I see no problem with serving an Improvement Notice on an empty property - the risk is calculated on an hypothetical vulnerable group, not the actual occupier (if any).
As well as my local authority job, I am a Valuer for the RPT and our latest CPD training on Housing Act work included a passing reference to Improvement Notices on empty properties, as being acceptable. Whilst all cases differ, so there are no guarantees, I think empty property officers should definitely use the Improvement Notice as a tool - it is relatively cheap & quick, and can, as a previous comment states, be a precursor to further work, if necessary, once the property has been brought up to scratch at the owner's expense (ideally!).
Improvement Notices
Improvement notices can be very useful in terms of empty homes. In Bolton the approach we have been taking is to serve Suspended Improvement Notices specifying that it is suspended for 6 months or until the property becomes occupied whichever is the soonest. The person served with the notice can only appeal the notice once it becomes active. Should they appeal I believe that having suspended the notice for a period of time would be looked on, favourably by the RPT. Another coercive element is that we charge £432 for the service of an Improvement Notice (where the notice is suspended the charge only applies once the notice becomes active thus encouraging compliance).
Obviously where there is non-compliance we have two options which can be taken singularly or together 1. Prosecution 2. Works in default.
In terms of the works in default I would draw attention to the fact that the Local Authority does not have the powers under the Housing Act 2004 to gain a warrant of entry to undertake the works. This means that you either need to persuade the owner to provide access or where this is refused you must gain a Court Order. Unfortunately the Court Order does not guarantee you entry as it instructs the owner to provide access. If the owner fails to provide access they have committed an offence which upon prosecution they can face a fine of £20 per day for which they continue to refuse access. This is quite time consuming as I know having gone through the process however this is the worst case scenario and should not put people of taking this course of action.
Alan Broadbent, Group Manager, Housing and Public Health Unit, Bolton Council, 01204 338912
Improvement Notices on Empty Properties
Interesting comments. We have always steered clear of Improvement Notices on empty properties in Wolverhampton due to the "unoccupied factor".
Could you let me know the type of items you have been asking to be improved under the Notices and how they scored?
Richard
Richard Long - Wolverhampton City Council