What is ‘Unfit’ Housing?

Unfit housing is housing that fails to meet a national minimum standard which is defined in primary legislation (Housing Act 1985, as amended). Generally this standard relates to the safety and welfare of the property occupant(s) and includes issues such as disrepair, dampness and amenity provision.

What will the Council do if my house is unfit?

Following an inspection, if the Council determines that a house is unfit for human habitation, it has a legal obligation to tackle the unfit conditions:

Firstly, the Council will undertake a ‘Neighbourhood Renewal Assessment (NRA) to establish the most satisfactory course of action for dealing with the conditions identified. This assessment will involve various key components, including, consultation, financial appraisal and socio-economic appraisal. Home owners and occupants will be fully involved in this exercise.

The NRA can be relatively brief, as is the case with single house NRA, or alternatively, they can be quite involved and take a number of months to complete, particularly in relation to multi-property NRAs.

During the NRA various options for action will be considered. The most appropriate option may well be enforced by the Council.

What are the enforcement options and the implications?

i) Retention and Renovation

Under this option the property is retained and renovated to remove any unfit conditions. A repair notice may be served on the responsible person. This notice will detail both the work extent expected and the timescales within which the work should be undertaken. Failure to comply with a notice is an offence and may result in a fine and/or works being undertaken by the Council, in default.

Grant assistance may be available in certain circumstances.

ii) Closing Order

Under this option the Council will serve an order on the property preventing its use for human habitation in its unfit condition. If the property is occupied, the occupant(s) will be entitled to re-housing through the Council or, alternatively a Registered Social Landlord (formerly known as Housing Associations). In addition to re-housing the occupant(s) may also be entitled to financial compensation from the Council. At no point does the Local Authority take possession of the house.

iii) Demolition Order

Under this option the Council will serve an order on the owner requiring the house to be demolished within a specific period of time. The responsibility for demolishing the house remains with the owner and at no point does the Council take possession of the house/ cleared site. There is a similar entitlement to re-housing and compensation as with Closing Orders.

iv) Deferred Action Notice (DAN)

Under this option the Council services a DAN on the property. This notice is registered as a local land charge. Whilst no further action is taken immediately following the service of the DAN, the Council is obliged to review the situation within 2 years. This review may result in alternative action being taken.

v) Clearance Area Action

Under this option, the Council formally declares an area to be a ‘Clearance Area’ following a period of ‘Statutory Consultation’. The intention is to acquire and demolish all properties/ land within the Clearance Area. Following declaration the Council will enter into negotiation with individual owners, to acquire houses, usually by agreement. Owners have the option to appoint a professional Valuation Surveyor to negotiate on their behalf the costs of which are paid by the Council in accordance with Rydes Scales. Should an agreement not be reached the Council may use its ‘Compulsory Purchase Powers’. Once acquired the Council organises the demolition and subsequent site treatment.

All occupants can be re-housed by either the Council or Registered Social Landlord, if requested, or alternatively some re-house themselves.

Financial compensation is available to cover the reasonable costs incurred in moving house and the personal distress and inconvenience suffered. Any such payments may depend on the length of time in occupation. In addition, the Council may decide to make Relocation Grants available, primarily to owner occupiers, to assist in the acquisition of alternative accommodation. All owners are entitled to ‘market value compensation’ for their properties. Such compensation is open to negotiation and depends on a number of factors, including property size and condition.

Clearance action is often a lengthy process and in most cases is likely to result in the redevelopment of the cleared site.