housing act 2004 239 notice of entry

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    housing act 2004 239 notice of entry

    Hi This is my first post. The council has sent me as the landlord a letter (not a notice) saying it's inspected my property under The 2004 Housing Act and using the safely rating system have identified hazards that require my urgent attention, asking me to reply with written intentions of dealing the hazards within 14 days. They did not follow the 239 notice of entry procedures of the 2004 Act and did not inform me as the landlord or give me 24 hrs notice of their visit. Does this make the letter invalid? The hazard identified was not an emergency ie no lack of heating etc or non working sanitary.

    #2
    Phone the reference on the letter and ask if this is genuine, then ask why they did not follow procedures you seem think necessary.

    Is this an HMO?



    Freedom at the point of zero............

    Comment


      #3
      Write back within 14 days outlining what you intend to do and within what time frame.

      It's possible that their failure to follow the correct procedure would make any enforcement subject to challenge, but that doesn't make the issue(s) they highlighted go away.
      And you'll be arguing the procedural failure in a tribunal or in court, neither of which are good places to be.

      By all means, mention it in your response, but the simplest solution is to address the actual problem.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        The relevant sub-section says:

        "Before entering any premises in exercise of the power conferred by subsection (3), the authorised person or proper officer must have given at least 24 hours' notice of his intention to do so—

        (a) to the owner of the premises (if known), and

        (b) to the occupier (if any)."

        The words in red are the key. Notice is only required if entering under the statutory power. If the person in occupation invites them in or consents to the entry no notice is required.

        Comment


          #5
          What defects did they highlight?

          Comment


            #6
            Hi Thank you for your replies.No it's not an HMO. I see so an invite in negates the need for 239 notice. I will write back within the time frame and tell them what I intend to do as regards the hazards which were excess cold, so as requested will increase loft insulation to 270mm from 100mm and prove that the timber framed walls do have insulation by taking off a cladding board on the exterior and photographing it proving that insulation is definitely present. They unfortunately didn't didn't believe the EPC that stated wall insulation was present due to the property construction in 1950's and subsequent extension at a later date. I just don't think it can be classified as extreme cold unless they've done a proper survey though as it's got full gas central heating to all rooms, another heating system that heats water and rads which is a solid fuel Aga and full double glazing but for the sake of not getting a noice and I certainly don't want to be arguing with a tribunal about these things that can be easily rectified. The property's rated an F and the only thing that will bring it up is a new boiler which I'll also replace by the April 2020 deadline as it's an existing tenant.. The other hazard was possible infestation of pest in the next 12 months from a gaps in the exterior timber cladding. It's an older property and to fill gaps of over 6.25mm would not be a reasonable repair as the timber curl and move with age and do small gaps are present. The tenant who asked the council to visit did so 2 day after I issued them with a S21 and they now have an official letter which will no doubt help their supposed intended claim for compensation for lack of repair but hopefully not invalidate the S21. They've been asking for the gaps to be filled and the loft insulation to be done but I thought I didn't need to upgrade the insulation due to being told by the EPC assessor to get it up from an F I need a new boiler. I also thought the timber boarding behind the cladding and the plaster boarding would provide enough protection. They also identified an uncovered water tank the in loft which I need to get done too.

            Comment


              #7
              In light of your last post, I think you need to consider carefully whether this is still a suitable property to let. Some older properties are not any longer suitable due to recent legislative changes and the cost of making them compliant.

              Comment


                #8
                I trust you won't be letting tenant stay on, in view of his craftiness.

                Regarding replacing boiler, I wonder if you might even get up to an E with just the loft insulation?

                Comment


                  #9
                  Hi The boiler is the only way to get it up to an acceptable rating. No I will not be letting them stay on.

                  Comment


                    #10
                    Originally posted by karouyou View Post
                    The tenant who asked the council to visit did so 2 day after I issued them with a S21 and they now have an official letter which will no doubt help their supposed intended claim for compensation for lack of repair but hopefully not invalidate the S21.
                    As the action was taken after the S21 was issued, I believe that the letter of the law is that it does not invalidate the S21 notice.

                    Comment


                      #11
                      I already mentioned this on another forum where OP have asked this question, but I'll say it here too as the same point have come up.

                      The s21 is currently valid because the council have only sent a letter, not given a notice. However, if the council in the future serve the landlord an improvement or emergency remedial action notice related to the same issue the tenant previously complained about before the s21, assuming that was in writing, at any point before the landlord obtain an order for possession and the order is executed by bailiffs or HCEOs, the s21 would be render invalid and any possession order set aside.
                      I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                      Comment


                        #12
                        Originally posted by KTC View Post
                        .
                        I believe what you are saying is
                        • "if T had previously (before S21 notice) notified the LL in writing of one or more of the issues, then any improvement notice issued by the council will invalidate the S21 notice;
                        • if T had not previously notified the LL in writing of any of the issues, then S21 notice cannot be invalidated by council-issued notices".
                        I assumed at #10 that we had been told of all the interactions (ie no prior notification by T).

                        Comment


                          #13
                          Yes.

                          I'm reading "they've been asking for the gaps to be filled and the loft insulation to be done" to be possible previous complaint of disrepair given the council is asking for similar.
                          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                          Comment


                            #14
                            Originally posted by KTC View Post
                            I'm reading "they've been asking ..." to be possible previous complaint of disrepair given the council is asking for similar.
                            Ah!
                            I read it as "the council have been asking

                            Comment


                              #15
                              I would suggest Council letter is only advisory, not Stat.enforcement Notice,
                              I suggest OP addresses all defects to raise EPC to reqd min, level asap.

                              Comment

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