Enforcement

Work Notices, Demolition Notices, and Repairing Standard Notices.

The Scheme of Assistance assumes that Owner(s) will take responsibility for the repair and maintenance of their own homes, with advice and support from the Highland Council.

On occasion, works are identified as necessary but owner(s) are unable or unwilling to comply, or simply cannot be identified.

Under these circumstances, the Highland Council has certain enforcement powers at its disposal to ensure necessary works are carried out, usually in cases where the property condition is posing a health and safety risk or is affecting others.

The Highland Council takes a corporate approach to enforcement and has a variety of relevant Acts under which we can serve Notice:

Environmental Protection Act 1990 In cases where property condition can be considered a “Statutory Nuisance”
Housing (Scotland) Act 2006
- Work Notice
- Maintenance Order/Account
- Repairing Standard Notice (private rented properties which fail the Repairing Standard)
- Notices can also trigger the declaration of a Housing Renewal Area to tackle concentrations of sub-standard properties, via Works, Maintenance or Demolition Notices
Building (Scotland) Act 2003 (enforced by Building Standards Officers)
- Defective Buildings Notice
- Dangerous Buildings Notice

Before serving any Notice, the Highland Council will make every effort to negotiate with the owner(s) and invite them to seek assistance with scheduling and financing the work via the Scheme of Assistance where appropriate in the usual way, including financial assistance which may be offered in eligible circumstances.

Landlords who have been served with a Repairing Standard Notice are not eligible for financial support from the Highland Council, but may be able to access lending advice.

Relevant Notices will be served where owner(s) are unable or unwilling to engage with the Scheme or are unidentified. Owners can then expect, in writing, a reason for the Notice, a schedule of work, the standard the property should meet upon completion (or the condition the site should be left in post demolition), and a date by which the work should be completed.

If the works are an emergency, or Notice is not complied with and negotiations have not been entered into to agree terms of compliance, Highland Council may carry out works in default. Any action taken in circumstances of non compliance and refusal to engage with the Scheme of Assistance to negotiate repairs will render the owner(s) ineligible for any financial assistance, and moves may be made to recover costs.

Recovery of monies paid in default

In circumstances where works have been carried out in default due to a refusal to engage with the Scheme, The Highland Council will seek to recover any associated costs. Those responsible for payment will receive a letter explaining the matter in full but in summary, recovery may include:

Placing a charge/inhibition on the property with the Land Registry in the Highland Council’s favour
Raising an invoice for payment in full
Reminder action after 28 days
Final notice after a further 14 days
Pass to the sheriff officer at 60 days overdue for debts below £1500
Debts in excess of £1500 would be referred for court action for a decree for payment.

Work Notices

The Highland Council may require the owner of a house to carry out work either for the purposes of implementing an HRA action plan, or bringing any house which the local authority considers to be sub-standard (whether or not situated in an HRA) into, or keeping it in, a reasonable state of repair. The work notice must specify:

the reason for the requirement
the work which requires to be carried out,
any standard which that house is to meet on completion of the work
the period within which the work must be completed (not less than 21 days)
the work notice may also specify particular steps which the local authority requires to be taken in carrying out the work required.

Maintenance Orders

In circumstances where it is felt that any benefit a Work or Repairing Standard Notice may have had has been reduced or lost because of a lack of maintenance, or where the house has not been or is unlikely to be maintained to a reasonable standard, Highland Council can make a Maintenance Order.

The owner(s) will be required to submit a plan to Highland Council outlining how they will tackle the maintenance issues including; the work to be undertaken, how and when the work will be carried out within the plan period, and an estimate of costs, for approval.

Maintenance Orders can apply to one or more properties and multiple owners will be required to submit their plan jointly and reach majority agreement on their plan and as to how costs will be split. Technical Officers can lead on this work if required and a £30 administration charge per property will apply.

Compliant Applicants may seek financial assistance in the usual way via the Scheme of Assistance with the exception of Landlords who are not eligible for financial support but will be able to access lending advice.

Communal Costs – Maintenance Accounts

Where costs are shared between owners, the Highland Council may set up a Maintenance Account to assemble and hold owners contributions. The Highland Council will charge a £30 fee per property for administration of the Maintenance Account but will pay any additional costs associated with setting up, winding up or closure of the account.

It may be the case that certain owners are unable to pay their share. If this is demonstrably the case, following assessment through the Scheme of Assistance, the Council may pay the outstanding sum(s) into the Maintenance Account on the owner(s) behalf, and place a charge to the value of the work plus the £30 administration fee. Equally if after reasonable enquiry owner(s) remain unidentified, their contribution can again be made by the Council and costs recovered via a charge on the property in the same way.

If owners are simply unwilling to pay, and refuse to be assessed for assistance via the Scheme, the Highland Council may, under section 50(4) set a date by which the owner must make representation to the Council about their financial circumstances. If a need is subsequently assessed it will be dealt with via the Scheme.

The Council has the power under section 49(1)(a) to do anything necessary to ensure that the plan is implemented. This may be assisting the other owners to assemble civil action against the owner under the terms of their titles, service of a Work or Repairing Standard Notice, or undertaking works in default and seeking repayment for the monies.

In these circumstances, the charges to the value of the full cost of the work plus any fees incurred, an administrative charge of 5% of the total outlay, coupled with a £30 charge for the Register of Sasines will apply.

It is proposed that a robust factoring agreement will be a condition of assistance to safeguard property condition in the future.

Declaration of Housing Renewal Areas

The Highland Council may consider responding to an area with widespread disrepair, sub-standard housing or areas where such issues affect amenity by declaring a Housing Renewal Area (HRA), where it is considered that this is the most effective way of tackling these issues:

Significant concentrations of properties that fail the Tolerable Standard
Significant concentrations of properties in a condition of serious disrepair
Significant concentrations of properties in a condition of disrepair, though not serious, but which are likely to deteriorate rapidly or cause material damage to other properties or give rise to market failure or decline if nothing is done to repair them
Significant concentrations of properties in any combinations of the above conditions

Should the Highland Council consider declaring a Housing Renewal Area, we will consult with owners and representatives in the area to: