A statutory notice served by a UK local authority requiring action in relation to a property, the first step is to identify precisely what has been served. In housing law, there is no general "abatement notice" for residential disrepair. The most common possibilities are:
- An Abatement Notice under Environmental Protection Act 1990 (e.g. noise, damp causing statutory nuisance, smoke, accumulations).
- An Improvement Notice under Housing Act 2004 following an HHSRS inspection.
- An Emergency Remedial Action Notice or Emergency Prohibition Order under the Housing Act 2004.
The landlord's residence abroad does not reduce or alter their legal obligations. The notice is served on the owner or person managing the property, wherever they reside.
An expat landlord should take the following steps immediately.
- Read the notice carefully. Identify:
- the legal basis for the notice;
- the works required;
- the deadline for compliance; and
- the appeal deadline.
- Instruct a UK solicitor or surveyor if the works are extensive or the notice appears to be based on disputed facts.
- Arrange for an inspection by a competent contractor or surveyor. If you cannot attend personally, a managing agent or professional representative should do so.
- Begin remedial works without delay if the defects are genuine. Prompt action may reduce the likelihood of enforcement or financial penalties.
- Keep detailed evidence, including:
- photographs;
- contractors' reports;
- invoices;
- correspondence with the tenant; and
- any evidence that access has been refused.
If the landlord believes the notice is wrong, there is usually a statutory right of appeal. For example, an Improvement Notice under the Housing Act 2004 may generally be appealed to the First-tier Tribunal (Property Chamber) within 21 days of service. Missing that deadline can make the notice much harder to challenge.
You should also consider whether the alleged disrepair was reported to the landlord. Many repairing obligations under section 11 of the Landlord and Tenant Act 1985 arise only after the landlord has actual or constructive notice of the defect (subject to exceptions for common parts and defects the landlord ought reasonably to have known about).
For an overseas landlord, practical management is often the determining factor. The landlord should have:
- a UK managing agent or trusted representative;
- contractors who can attend quickly;
- a UK address for service under sections 47 and 48 of the Landlord and Tenant Act 1987; and
- systems to respond promptly to repair reports.
From a litigation perspective, I would also test an assumption that many overseas landlords make: that because they live abroad, the local authority or court will allow additional time or relax enforcement. That assumption is generally incorrect. Statutory deadlines continue to apply, and local authorities are entitled to prosecute, impose civil penalties (where available), carry out works in default, or recover their costs if the notice is not complied with.