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Power to Charge for Certain Enforcement Action Under the Housing Act 2004 (the "ACT")

13/08/2014 - Power to Charge for Certain Enforcement Action Under the Housing Act 2004 (the "ACT")

Matter for Decision

The report provided information regarding the Act that enables local authorities to make a reasonable charge as a means of recovering certain expenses incurred in serving an improvement notice, making a prohibition order, serving a hazard awareness notice, taking emergency remedial action, making an emergency prohibition order, or making a demolition order. The expenses are in connection with the inspection of the premises, the subsequent consideration of any action to be taken and the service of notices.

Authorities are able to charge for each course of action including, where emergency remedial action is taken, for any subsequent notices.

In March 2012 the Community Services Scrutiny Committee (decision 12/25/CS) gave permission to seek to recover the costs against the recipient of the Notice or Order. The report is a review of the charges set in this decision in light of recent case law.

 

Decision of Executive Councillor for Housing

The Executive Councillor for Housing resolved to:

 

     i.        Approve the attached policy document as detailed in Appendix A which supersedes the previous Policy Document Charging for certain enforcement action.

 

Reason for the Decision

As set out in the Officer’s report.

Any Alternative Options Considered and Rejected

Not applicable.

 

Scrutiny Considerations

This item was not requested for pre-scrutiny. 

 

The Executive Councillor approved the recommendation.  

 

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor