A Kilnsea landlord has lost her appeal against an improvement notice served by East Riding of Yorkshire Council and has to pay the costs for the notice that was served.
Mrs Edith Clarke of Station Road, Otley, appealed against the issue of an improvement notice served on Rose Cottage, Kilnsea Road, Kilnsea. The improvement notice required the landlord to carry out works to the property, which included installing heating to the house and providing adequate fire precautions. In addition the council required Mrs Clarke to obtain a structural survey of the property to determine its stability and to ensure that the electrical installation was safe due to the poor condition of the property.
In a case heard by the Residential Property Tribunal, they upheld the service of the improvement notices dated 10 January 2011 and the section 49 demand for payment. Mrs Clarke now has seven months to complete the works as listed on the improvement notice.
The Housing Act 2004 introduced the system of assessing the condition of residential properties and provides local authorities with guidance in the way in which they can enforce housing standards. The Housing Health and Safety Rating System used by local authorities assess the condition of residential properties and enable the identification and assessment of the risk posed by the hazard. Once a local authority has identified serious hazards within dwellings it must take appropriate enforcement action. This legislation was introduced to protect the health, safety and well-being of occupiers within their home.
After consideration the local authority served Mrs Clarke with an improvement notice requiring her to carry out works within the property to reduce the hazards.
Landlords who do not agree with the decision of the council to serve a notice have the right to appeal to the Residential Property Tribunal. This is a public body established through Government legislation giving them powers to settle certain disputes which would otherwise be dealt with by the courts.
In their decision, the tribunal stated that the local authority was correct in deciding to serve and improvement notice and was the most appropriate enforcement action taken in respect of the hazards within the property and the works required in the improvement notice was reasonable and proportionate.
Paul Abbott, public protection group manager at East Riding of Yorkshire Council, said: “In the interests of safety, the council is committed to ensuring that all residents have a safe and healthy home in which to live. We carry out lots of work to ensure that landlords are educated on their responsibilities and have introduced free training to landlords on how to inspect their properties and recognise hazards within their properties.
“Landlords need to be aware of their legal responsibilities and the potential consequences of not complying with the legislation, and are urged to contact the private sector housing team to discuss any concerns they have.”
Full details of the Residential Property Tribunals decision are available on their website.
For more information and advice about the requirements for landlords, contact the private sector housing team, on (01482) 396301.
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