Section 25 - 30
25. Shared enforcement responsibility
In circumstances where enforcement responsibility is shared between enforcement agencies, the Environmental Health Residential Team will have regard to procedures agreed with other enforcement agencies, particularly where memoranda of understanding and agreed protocols exist.
In some cases, enforcement powers will rest with another agency (for example the Health and Safety Executive has responsibility for enforcement of gas safety in private domestic property). In these situations, the Environmental Health Residential Team will act to ensure that the case is transferred to the enforcing agency promptly and in accordance with any agreed procedures.
26. Vulnerable persons
Before taking action that may affect a property occupied by a vulnerable person, officers should ensure that appropriate consultation has been carried out with social services and other relevant support agencies.
27. Displaced occupiers
Officers will inform the Housing Options Manager/Senior at the earliest opportunity when there is likelihood of an occupier being displaced from their property because of informal/formal enforcement action related to the Council’s direct/indirect action. This is to ensure that the occupier of that property receives appropriate housing advice/action.
28. Owner occupied properties
Enforcement action against owner occupiers will be taken on a case-by-case basis where there is a clear risk to public health or safety. In other circumstances officers may refer owner occupiers to sources of advice and/or funding.
The Council will otherwise only take action in respect of owner-occupied properties where defects are causing a statutory nuisance to vertically adjoining properties (on different curtilages) i.e., not flats which adjoin horizontally, where there would be shared ownership responsibilities to pay for repairs.
29. Leaseholders
The Council occasionally receives complaints from leaseholders requesting assistance in taking action against other leaseholders or freeholders.
Council assistance will be limited to:
- Category 1 and high Category 2 hazards where the leasehold flat is tenanted. Contraventions of the HMO Management Regulations (this may necessitate action being taken against the leaseholder themselves)
- Statutory nuisances/serious or emergency situations affecting either the common parts of or multiple flats in a leasehold block.
- Any other reason the Council considers appropriate.
It may be appropriate in other situations to redirect the leaseholder to:
- The Leasehold Advisory Service
- website: Lease advice
- telephone: 020 7832 2500
- address: Peel Building, 2 Marsham St, London SW1P 4DF
- A solicitor who specialises in leasehold law
30. Social housing providers
The Council expects Social Housing providers to manage their stock professionally and ensure that they properly investigate complaints from tenants about their living conditions. The Environmental Health Residential Team will have minimum input in these complaints unless the case involves a significant Category 1 hazard.
In the majority of cases social housing providers have established procedures for responding to tenant complaints and the Council’s preferred approach is to rely on the provider to respond appropriately. However, if the social housing provider fails to respond to the hazard, the Council will take action in the same way as with a private landlord.