In extreme cases, when all other reasonable actions have failed to have serious common disrepair remedied, the Council may serve a legal notice on an owner requiring action.
Owners are advised to try to avoid such notices. There is no onus on the Council to enforce such notices and they may lie over a property for some considerable time pending works. In the interim period value will be affected should an owner look to sell.
If however, some or all owners refuse to cooperate with essential common repairs, notices will be served.
Where the majority of owners agree to the works, and subject to a risk assessment of the investment required from the Council, notices may, at the Council’s discretion, be enforced and costs recovered from the defaulting owner, (including an administrative charge and interest).
Our Advice
- Works and other notices are a measure of last resort and only considered by the Council when every alternative avenue has been explored by the owners in order to obtain full owner participation in carrying out essential property repairs.
- Works and other notices are one means of many through which the Council can help private owners but they have drawbacks for owners as well as advantages.
- Legal notices may solve immediate problems but rarely the underlying failure that have lead to the tenement deteriorating.