Landlord and Tenant issues in Former MOD villagesHousing Enforcement and Empty Homes

25 February 2014

Housing Disrepair

• Usually work from reports from tenants

• Contact Landlord / Agent

• Complete inspection of property if necessary

• Next steps would depend on hazards found

Ex MOD Villages

• Complaints Received in last 2 years:

• 9 Hemswell Cliff

• 2 Scampton

• 2 Brookenby

• 1 Newtoft

• Small numbers of complaints compared to Gainsborough, Market Rasen

Housing Act 2004

• Housing Health and Safety Rating System (HHSRS)

• 29 Hazards

• Vulnerable groups

• Look at the whole dwelling

• Likelihood and class of harm

• 3 figures to generate hazard score

• Doesn’t cover occupier behaviour

Hazards found in rented properties

Ex MOD Villages

• Constructed 1946-1979

• Common Problems:

• Insufficient ventilation

• Broken or insufficient heating

• Leading to condensation mould

• Absentee landlords are common

Options if hazards are found

• Informal letters and correspondence between us and landlord

• Enforcement notices

-Improvement Notices

-Prohibition Orders

-Boarding up notices

-Hazard Awareness Notice• Action proportionate to hazard and in public interest to

enforce • Housing Enforcement Policy

Other landlord responsibilities

• Gas safety - pipe work, flues and appliances

• Annual gas safety check on each appliance

• Structure and exterior of the property, heating and hot water installations, sanitary installations

• The fire safety of furniture and furnishings provided under the tenancy

• Repairing and keeping in working order the room and water heating equipment

• Energy Performance Certificate

• HSE / Trading Standards or civil action

What is the tenant responsible for?

• Paying the rent and utility bills as agreed

• Taking proper care of the property

• Ventilation and Heating, clothes drying

Empty Homes

Figures as of 1 January 2014

• Long term Empty Homes

• Private Sector, at least 6 months empty

• Brookenby 15

• Hemswell Cliff 7

• Newtoft 2

• Scampton 1

Options for Empty Homes

• Lincolnshire Empty Homes Strategy

• Engagement with owners

• Advice and Assistance

• National Empty Homes Loan Fund

• Groundwork Leasing Scheme (not suitable

where there is a lack of housing need)

• Enforcement

Brookenby Case Study

• Portfolio landlord owns most of housing stock

• Property Manager willing to work with WLDC

• Expressed interest in leasing schemes, unable to

progress due to lack of demand

• Owner agreed rolling programme of works

• So far, down from 19 (Jan 12) to 13 (Jan 14) empties

• New windows and exterior improvements

• Improvements to stock as tenants turnover

Enforcement Options

• Statutory Notices

• S215 Untidy Buildings – Planning Enforcement

• Housing Act, Pest Control, Boarding Up

• Enforced Sale – council tax or Local Land Charge debt

• Empty Dwelling Management Order – lack of housing

demand makes it unsuitable for isolated communities

• Compulsory Purchase Order – public interest test

Any Questions?Andy Gray

Housing and Communities Team 01427 675187 / 675194

Strategic.Housing@west-lindsey.gov.uk