Local Authority Duties and Powers
Ceredigion County Council is the 'Local Housing Authority' for Ceredigion. This means we have certain statutory duties, obligations and powers designed to ensure that the standard, management and safety of dwellings in Ceredigion is maintained, particularly for rented properties.
The Local Authority has a general duty to establish, the condition of residential dwellings in its area, and where there are conditions which might be harmful to occupants, to investigate and to take actions that will improve the dwelling to an acceptable standard. The Local Authority also has a duty to ensure that all Houses in Multiple Occupation (HMO's) in its area are licensed and to monitor whether they are well managed.
The Local Authority can investigate where there may have been a breach of housing law, and prosecute where this is in the public interest. Illegal Eviction or a failure to licence or properly manage HMO's are examples of this.
The Local Authority is given powers to ensure that landlords/ owners carry out works or actions necessary to remove any hazards. Such matters are subject to an appeal process.
If, after a Housing Health and Safety Rating System assessment we find that a property has a 'Category 1' or 'Category 2' hazard present we may decide to issue an Enforcement Notice to ensure health and safety is improved to an acceptable level.
Actions we can take, under the Housing Act 2004, are;
- Serve an Improvement Notice
- Make a Prohibition Order
- Serve a Hazard Awareness Notice
- Take Emergency Remedial Action
- Make an Emergency Prohibition Order
- Make a Demolition Order
- Declare a Clearance Area
The Local Authority may also consider whether other legislation may be more appropriate to use in the circumstances. For example, we may decide to serve a Statutory Nuisance Abatement Notice under The Environmental Protection Act 1990 or require works to be done using powers from the Building Act 1984.
The Local Authority have adopted an Enforcement Policy, which aims to ensure that:
- Decisions about enforcement action are fair, proportionate and consistent
- Local Authority officers apply current Government guidance and codes of practice to any assessments or judgements made