Landlord Advice UK Tenant Eviction Service For Landlords

Improvement Notice

Under Sections 11 and 12 of the Housing Act 2004, local housing authorities (LHAs) have the power to serve improvement notices to landlords or those managing or in control of a property. These notices are issued when the LHA believes there is a risk to the health and safety of the occupants or visitors due to hazards in the property. Below is a detailed breakdown of improvement notices and their implications for landlords.

Who Can Be Served an Improvement Notice?

Improvement notices are typically served on the person in control of the property, such as the landlord or property manager. These notices can address issues related to:

• The specific dwelling.
• Common areas shared by the dwelling, such as hallways, staircases, or courtyards.

Copies of the notice must also be served, within seven days, to:

• The occupiers of the property.
• Any individual with a relevant interest in the property, as outlined in Schedule 1 of the Housing Act 2004.

What Must an Improvement Notice Include?

Improvement notices must provide detailed information to ensure clarity and compliance.[1] This includes:

• Whether the notice relates to a Category 1 or Category 2 hazard (as identified under the Housing Health and Safety Rating System).
• The nature of the hazard(s).
• Any deficiencies contributing to the hazard(s).
• Specific remedial actions required to eliminate or reduce the hazard.
• Timelines for starting (not earlier than 28 days) and completing the work.
• Information on the right to appeal and the 21-day appeal period.

Consequences of Failing to Comply

Failure to comply with an improvement notice without a reasonable excuse is an offence and can result in significant penalties:

1. Local Authority Enforcement:
   • The LHA can carry out the required work in default and recover the costs from the landlord.
2. Civil Penalty:
   • Since 6 April 2007, LHAs can impose a civil penalty of up to £30,000 as an alternative to prosecution.
3. Rent Repayment Orders (RROs):
   • From 6 April 2017, landlords committing this offence may be subject to an RRO, requiring repayment of rent to the tenant or housing authority.
4. Banning Orders:
   • From 6 April 2018, offending landlords may also face a banning order, prohibiting them from letting properties or engaging in property management.

Revoking an Improvement Notice

The local authority must revoke an improvement notice once all requirements have been complied with. Partial revocation is possible if the notice addresses multiple hazards and only some have been resolved.

• Improvement notices cannot be withdrawn, as confirmed in Simon v Denbighshire CC [2010] UKUT 488 (LC).[2]

Challenging an Improvement Notice

An improvement notice may be invalid if:

• The notice does not meet the legal requirements.
• The notice was issued inappropriately when alternative enforcement action should have been taken.

Appealing to the First-tier Tribunal (Property Chamber)

Landlords can appeal an improvement notice to the First-tier Tribunal (Property Chamber) within 21 days of being served. The Tribunal may extend the deadline if it is satisfied there are good reasons for the delay. Appeals can challenge the validity, appropriateness, or requirements of the notice.

Protect Your Property and Avoid Penalties

Understanding and complying with improvement notices is crucial for landlords to avoid penalties, enforcement action, or loss of rental income. By addressing hazards promptly and challenging notices when appropriate, landlords can protect their investments and maintain tenant safety.

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[1] Contents of Improvement Notices: Section 13, Housing Act 2004.

[2] Revocation and Withdrawal of Notices: Simon v Denbighshire CC [2010] UKUT 488 (LC).