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Question Title: Section 372 Notice
| Question: 379 |
| I manage a property for a landlord. About two months ago, I received from the council a 'section 372 notice', specifying various improvement works that they required on the property to bring it up to their fire safety standards. This included the installation of fire alarms and the addition of fire resistant doors and door seals. At the time, my landlord did not have sufficient funds to carry out the works which were costed at several thousands of pounds. The local authority is now threatening to have the works carried out themselves and to charge the costs to the landlord. Can they do this ? We accept the proposed improvement works and the landlord has told me that he will soon be in a position to pay for the works to be carried out. What do you advise that we do ?
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| Answer: |
| Local authorities will issue a section 372 notice if they believe that the house is occupied as a house in multiple occupation, and the property does not meet the property or management standards required of an HMO of that particular size and occupancy. Section 372 refers to a part of the Housing Act 1985 which allows them the power to specify and require execution of various improvement works to a house. Following service of the notice, the person managing the house is required to complete these works by the date specified in the notice (at least 21 days after service of the notice). If you were not in a position to carry out the works by this date, then you may, under section 373 of the Act, lodge an appeal asking for more time, and giving the reasons why you need more time. This appeal must be lodged within 21 days of receiving the original notice. In this case, you are too late to lodge an appeal. However, you should now tell the council of your proposed schedule for carrying out the works before they instruct their own builders - which the Act allows them to do - most likely at a greater expense. In most cases, if you co-operate, and put together a reasonable proposal, they are inclined to accept this solution as the statutory route whereby they may carry out the works themselves is equally complicated and expensive for the council as it is for you, and not generally adopted except as a last resort.
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