BUILD YOUR CASE
1. FAILURE TO COMPLY WITH AN IMPROVEMENT NOTICE
You must have proof that you wrote to your landlord setting out the disrepair/s within the property. Confirm whether the disrepair constitutes a Category 1 Hazard or Category 2 hazard.
Your letter should set out the issues with the property and provide the landlord 14 days to effect repairs to the property or to mutually agreed timescales to effect a reasonable solution for the property repairs. Send the letter to your landlord via email and the Royal Mail 1st Class ‘Signed For’ service.
- If your landlord fails to respond or effect the repairs or provide you with a reasonable solution to effecting the repairs; then on 15th day you should send a letter to your local housing authority. The letter must set out the issues within the property. Classifying the issues as a Hazard 1 or Hazard 2 where relevant. Include all supportive documentation such as your previous letter to the landlord, the effects of the hazards and any other evidence such as medical reports. The letter must formally request that the local housing authority conducts a formal inspection of the property and serves a section 239 Notice on the landlord within 14 days of the date of the letter. Send the letter via email and Royal Mail 1st Class ‘Signed For’ Service.
- Contact the local housing authority a couple of days after sending the letter to confirm receipt of the letter, the person who will be handling your complaint and when the local authority will be sending out the relevant Section 239 Notice to the landlord.
A section 239 Notice provides the Council with the power to enter the premises by providing the landlord with 24 hours-notice of entry for the purposes of survey and inspection on behalf of the Council to determine if:
- There are any matters arising in the property which are either Category 1 or 2 hazards, and which may requires enforcement action to be taken.
- There are any functions relating to housing conditions, improvement notices, prohibition orders, hazard awareness notices, emergency measures, demolition orders or slum clearance which should be exercised in relation to the premises
Contact us once a section 239 Notice has been served or if the local authority fails to respond to your complaint after 14-days of notification.
- After the inspection contact the local housing authority to confirm the outcome of the review and the implications for you and the landlord. Request copies of all documentation pertaining to the inspection and served upon the landlord. Also confirm the timescales imposed upon the landlord to effect the repairs and what the next steps are for the local authority to confirm that the repairs have been timeously and properly effected to a reasonable standard.
- If the landlord fails to effect the repairs in time or in accordance to a reasonable standard immediately write to the local housing authority setting out your complaints with and providing evidence of these issues wherever possible.
Contact us and we can start assessing the procedures to implement a rent repayment order against your landlord.