Reen Anderson Solicitors

What do I when I receive an Improvement Notice as a landlord?

Home improvement image

As a landlord, if you receive an Improvement Notice it means that the local authority has identified hazards in your property that need to be rectified to meet health and safety standards under the Housing Act 2004. These hazards can affect the occupants’ safety and well-being, and the notice is intended to compel the landlord to take remedial actions.

 

What is an Improvement Notice?

An Improvement Notice is a formal notice served by the local council when they find Category 1 or Category 2 hazards in a rental property following a Housing Health and Safety Rating System (HHSRS) assessment. The notice will detail the hazards that need fixing and give a deadline by which the work must be completed.

 

Steps to Take When You Receive an Improvement Notice:

1 – Review the Notice Carefully:

  • Understand what specific issues have been identified. The notice will outline the hazards that must be addressed.
  • It will also provide a timeframe for completing the necessary improvements, which can range from 28 days to several months, depending on the severity of the hazard.

2 – Act Within the Given Timeframe:

  • You are legally required to take action within the timeframe stated in the notice. Ignoring an Improvement Notice can lead to serious consequences, including fines, Rent Repayment Orders, or prosecution.
  • If you’re the landlord, you’ll need to arrange for repairs or improvements to be carried out by qualified contractors.

3 – Carry Out the Required Works:

  • Ensure that the repairs or improvements meet the standards set by the notice. For example, if there is a structural problem or a damp and mould issue, make sure that you hire professionals to carry out the work to a satisfactory level.

4 – Contact the Local Authority if Needed:

  • If there’s a genuine reason you cannot comply with the notice within the given timeframe (e.g., issues with accessing contractors), contact the local council to request an extension.
  • Always keep the council updated with your progress and any potential delays.

5 – Can I appeal an Improvement Notice?

  • If you believe the Improvement Notice is unfair or incorrect, you can appeal it. Appeals must usually be made to the First-Tier Tribunal (Property Chamber) within 21 days of receiving the notice.
  • Contact us at Reen Anderson Solicitors on 0207 859 4451 or email us at: info@reenanderson.com if you feel the notice was issued incorrectly or disagree with the hazard assessment.

6 – Keep a record of the Work:

  • After completing the repairs, keep detailed records of the work carried out, including receipts, invoices, and photographs as evidence that you’ve complied with the notice.
  • Once the work is done, the local authority may inspect the property to confirm that the hazards have been removed.

 

Consequences of Non-Compliance:

Failure to comply with an Improvement Notice can result in:

  • Financial Penalties: Fines up to £30,000.
  • Prosecution: In some cases, local authorities may take legal action against landlords, leading to a criminal record
  • Rent Repayment Orders (RRO): Tenants may reclaim rent for the period in which the landlord failed to comply with the notice.
  • Emergency Remedial Action: If hazards are severe, the council can carry out the work themselves and charge you for the cost.

It’s crucial to act swiftly and responsibly to address the issues outlined in the Improvement Notice.

If you wish to appeal an Improvement Notice, the process typically involves submitting your case to the First-Tier Tribunal (Property Chamber), which handles housing disputes.

While it may be tempting to try to represent yourself in these issues to reduce your financial outlay, we would always advise you seek early legal advice from a Specialist Solicitor to support you in these potentially complex and specialist areas of Law to avoid huge financial penalties and costs from legal proceedings.

Call our specialists at Reen Anderson Solicitors today on 0207 859 4451 to book an initial free call or email us at: info@reenanderson.com.

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