Your council has a number of powers it can use to enforce repairs. However, not every council has the resources to do so. This can stop a council from taking the action both you and they would want.
Even though your council may not have the resources to enforce repairs, you should not let this stop you approaching them for help as staff can be a useful source of advice and can help to mediate a problem.
The powers available to your council are:
This notice is used to protect the building fabric and for work which is necessary to bring or keep a house up to a reasonable state of repair.
Councils have the power to pay ‘Missing Shares’ where a minority of owners do not pay their share of common repairs.
Repairing Standards for private landlords
Designed primarily to help tenants, this order may also be useful in getting landlords to deal with common repairs. It can only be served by your local council and only used with private landlords.
Maintenance Orders are often used as a follow up to other notices to avoid future repair problems.
A problem with common repairs can become an official public health ‘nuisance’. An official ‘nuisance’ is something that affects people and must be ‘abated’. The health of the building cannot be used as a reason to serve a public health notice. These notices are normally served by Environmental Health Officers in relation to poor refuse collection or unhygienic conditions.
These orders are used when a flat is in such a poor state of repair that it becomes unfit for human habitation.
Disrepair/defective building notice
This order is designed to protect the building fabric and bring the building into a reasonable state of repair, having regard to its age, type, and location. It should be remembered that disrepair to a tenement can pose an issue to the general public (for example, if a roof tile falls and injures someone).
Disrepair requiring immediate action
This is used when there are urgent building fabric issues and to prevent damage to a property.
The council can use this notice to get the information they need about property ownership.
Maintenance of land or buildings
Council Planning Departments have powers to deal with property conditions which affect the amenity of an area.
