Legal News

Cherwell District Council in Oxfordshire is increasing the charges it makes to landlords for issuing notices regarding unsatisfactory housing.

Councils can make the charges under the 2004 Housing Act, in order to recover the costs incurred in issuing Improvement Notices and Prohibition Orders.

From 1 October 2016, the minimum charge will rise from £150 to £200.

As a key part of Cherwell Council’s enforcement policy, the councils says that housing problems are dealt with informally in the first instance – but it adopts a formal approach in urgent cases, or when an informal approach has not worked.

Cherwell Council's lead member for housing, Councillor John Donaldson, said:

“It is important that the council reassures tenants and the public that it is serious about enforcement – that is one of the most important aspects of these enforcement charges.

“The vast majority of landlords are co-operative when it comes to making the necessary improvements to rented properties – and last year we were able to successfully able to resolve 74 per cent of cases without needing to resort to formal enforcement.

“However, if getting improvements made means going down the formal route, then there is expense involved and we are entitled to recover those costs from the landlord.

“This year, we are increasing the minimum charge for notices, to more accurately reflect the typical cost of inspecting a property, assessing what needs to be done, and then preparing and serving the notices.”

To recover costs, the council typically issues a demand for payment at the same time as the enforcement notice.

The outstanding sum is recorded as a local land charge that accumulates interest until it is paid.

If improvement notices are ignored, the council also has the power to increase the charge, to prosecute – and in some cases, to carry out the work at the owner's expense.

Duncan Lewis Housing Solicitors

Duncan Lewis housing solicitors can advise on a wide range of housing law, including advising on landlords’ obligations to tenants under the Housing Act.

There are Duncan Lewis offices across the UK and our housing teams are also able to advise on:

• Council’s obligation to re-house
• Debt management for homeowners
• Disrepair of rented property
• Housing Benefit
• Housing possession
• Landlord and tenant disputes
• Lease extensions
• Local Authority housing
• Mortgage repossession
• Notice to quit
• Nuisance neighbours
• Right to Buy
• Right to Rent checks
• Tenancy agreements
• Unlawful eviction.

For expert legal advice on housing law, call Duncan Lewis housing solicitors on 0333 772 0409.