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Read more articles in: Blog, Lorraine Walker, Property

Are you aware of your obligations? What landlords need to know understanding improvement notices

Improvement notices are a tool used by local councils so that properties meet minimum safety standards.  

If you are a landlord, you may have to deal with an improvement notice, so it is important to know what they entail so you are prepared for such an eventuality.  

What are improvement notices? 

Improvement notices are issued by local authorities under the legislation of the Housing Act 2004.  

These notices are typically served when a property is found to contain serious hazards that put tenants at risk.  

Local councils, through their housing teams, have the authority to inspect rental properties, especially if complaints are made about living conditions.  

If serious issues like damp, mould, faulty safety systems, or structural hazards are discovered, an improvement notice may be issued. 

The notice will detail the work that needs to be carried out to rectify the identified hazards, along with a timeline for compliance.  

Landlords are legally required to comply with these notices within the specified period.  

Failure to do so can lead to enforcement action, fines, or even prosecution. 

The consequences of non-compliance 

To highlight the seriousness of ignoring an improvement notice, let’s consider the case of a landlord from Bridlington, East Yorkshire.  

As reported by the York Press, the landlord, who also happened to be a builder, failed to comply with four improvement notices despite repeated requests from the council.  

The inspection revealed several hazards in his rental property, including issues with heating, damp, mould, and faulty fire safety systems. 

Despite being served with improvement notices, the landlord did not take the required action to address the hazards.  

As a result, he faced legal action and was ultimately fined over £5,000.  

This case demonstrates that even landlords with expertise in building and maintenance are not exempt from their legal responsibilities.  

Ignoring improvement notices puts tenants at risk but also carries heavy financial penalties and damages the landlord’s reputation. 

Landlords’ legal responsibilities 

Landlords have a legal duty to ensure your property is safe and suitable for habitation.  

While improvement notices come under the legislation of the Housing Act 20024, they are issued under the Housing Health and Safety Rating System (HHSRS). 

The HHSRS assesses the risks to health and safety in residential properties. Some of the common issues that could lead to an improvement notice include: 

  • Damp and mould 
  • Fire safety 
  • Structural safety 
  • Heating and insulation 

Regular inspections should be made on properties by landlords, who should also respond promptly to any complaints or repair requests.  

This minimises the risk of enforcement action and protects the safety and wellbeing of the tenants.  

In addition to these practices, landlords should also keep records of any repairs and inspections made, plus maintain a clear line of communication with local authorities if they do receive an improvement notice so they can take immediate steps to comply.  

Challenging an improvement notice 

If you believe that an improvement notice issued by your local authority is unreasonable or unjustified, you have the right to challenge it.  

Improvement notices can be disputed through an appeal to the First-tier Tribunal (Property Chamber).  

You have 21 days from the date the notice was served to lodge an appeal.  

The First-tier Tribunal will consider your case and can either uphold, modify, or cancel the notice depending on the evidence provided.  

Our team can help you understand your rights, compile the necessary evidence, and represent you at the tribunal if needed. 

Our experienced solicitors are here to help you understand your legal responsibilities and avoid disputes. 

If you need advice on complying with improvement notices, contact us today. 

Lorraine Walker

Solicitor – litigation and dispute resolution

Prior to qualifying as a solicitor, I worked within the education sector as a senior leader in a secondary school.