Council "Enforced" Loan/Charge on property for housing repairs. Advice?

CANDYTROOPER1922

Hello All,

Need some advice based on my mothers home. She applied for a council grant around 5 years ago + and was declined. The property state declined even more. Last September we applied for another grant and was initially told that we may have to wait 18 months until they come to inspect the property unless there is some kind of circumstances which there was and they would come and inspect sooner.

Anyway the council contacted us in December to view the house. They came out and listed the issues and went away. They got back to us and stated that issues needing repairing. They sent 3 builders to price up the work. The council contacted us via email and said that the work was going to be completed and we where going to have a meeting and the work was due to start the following week - This was around mid March. A day before the meeting they stated that they where withdrawing the work and cancelling the meeting.

Now this week they have came back to us to say that they will not be giving a grant. A list of the category 1 hazards will be drawn up and they will enforce the work on to us. This would include a charge being placed on to the deeds of the house for the amount for the work costs and the council will bill my mother monthly. Interested will be charged and in the event that the house is sold the money will be asked have to be repaid. Anything that does not fall under a category 1 hazard will not be completed.

My mother went to the local CAB today and the lady had never heard of this before, neither had her manager. Can they really enforce this on my mother? I can't seem to find this any where on the internet.

Has this happened to you or do you know anything about this?

ILW

Does the property pose a danger to the public or surrounding properties?

CANDYTROOPER1922

ILW wrote: »

Does the property pose a danger to the public or surrounding properties?

I don't believe so. Why?

gb12345

Sounds to me like the council have decided that the house is dangerous and are therefore enforcing the repairs. Your mother can't afford to pay, so the council are going to get the work done, which your mother will have to pay for over time - they will put a charge on the house to stop her selling up after the work is done and "doing a runner" without repaying the costs of the repairs. Never heard of it happening before, but I can see the councils point of view.

What exactly is wrong with the house?

You might be better off posting in the "House buying, Renting & Selling" area as this isn't really anything to do with a loan.

molerat

It is unusual to enforce repairs on an owner occupied dwelling unless it is a danger to the public, health hazard, listed building in danger of further deterioration or in a conservation area.

The notice should state the reasons and the acts under which the notice is served and how to appeal.

terryw

For information:

http://www.guardian.co.uk/money/2011/nov/28/private-rental-homes-safety-hazards

The annual English Housing Survey shows that 28.2% of dwellings in the private rented sector have a category 1 hazard compared to 14.5% of local authority housing, 10.8% of housing association accommodation, and 21.5% of owner-occupied dwellings.

Hazards qualifying as category 1 under the Housing Health and Safety Rating System include those that can cause death, lung cancer, permanent loss of consciousness, 80% burn injuries, the loss of a hand or foot, eye disorders, heart attacks and poisoning. Under the Housing Act 2004, these types of hazard create an obligation for local authorities to either force the property to be vacated or to require immediate repair.

CANDYTROOPER1922

terryw wrote: »

For information:

http://www.guardian.co.uk/money/2011/nov/28/private-rental-homes-safety-hazards

The annual English Housing Survey shows that 28.2% of dwellings in the private rented sector have a category 1 hazard compared to 14.5% of local authority housing, 10.8% of housing association accommodation, and 21.5% of owner-occupied dwellings.

Hazards qualifying as category 1 under the Housing Health and Safety Rating System include those that can cause death, lung cancer, permanent loss of consciousness, 80% burn injuries, the loss of a hand or foot, eye disorders, heart attacks and poisoning. Under the Housing Act 2004, these types of hazard create an obligation for local authorities to either force the property to be vacated or to require immediate repair.

Thanks for the info.

So they can do it. I will just have to await the list of the category 1 hazards. We are more annoyed that we were told the work was going to be completed via a grant then they forced this on us at the last moment which we are going to complain about.

I have read the article but there is no reference to the law/act which allows them to do this if anyone knows it?

We will have to await the interest rate/s that the council are going to charge as it might be worth our while to finance it ourselves instead of via them. That's even if we get the choice!

molerat

http://www.exeter.gov.uk/index.aspx?articleid=11957

Although slanted towards empty properties it gives a guide to the legislation that can be used.

Buzby

Yes, it is quite common. They provide a notice of work required to be done, if the owner refuses or is unable, they can be minded to undertake the work either billing the owner, or placing a charge on the property to include the cost and interest accrued.

There may well be adjacent property owners affected by the maintenance failure irrespective of it being a 'public' danger.

Horseunderwater

Is your mother on income related benefits at all? If yes then she should have qualified for a grant and not be in this situation at all? Does she get pension credit or ESA or the old income support. As you did not say her age or full circumstances it is difficult to tell what should have happened 5 odd years back when this all started.

27col

I cannot think of any good reason why rate payers should have to foot the bill for the repair of a private dwelling. Putting a charge on the house seems eminently fair to me.