Landlord rights and responsibilities

If a tenant makes a complaint about disrepair in a privately rented property, that their landlord is not resolving, the Residential Enforcement Team can investigate. Please email the Residential Enforcement Team at privatesectorhousing@kingston.gov.uk.

If an inspection is required, the officer will usually give both the tenant and landlord 24 hours’ notice. In some cases, we will serve a Notice of Intended Entry or apply to the Magistrates’ Court for a warrant to enter the property.

After the inspection, the officers will decide what type of action – if any – is appropriate. There are seven possible outcomes:

1. No further action

 Occasions where, following an initial investigation, the complaint can’t be substantiated.

2. Informal action

Written warnings and/or providing advice, is usually the first option if there’s a problem and those involved are willing to co-operate.

3. Formal notices

We may issue formal notices, for example, to require a landlord to carry out repairs, if the repairs should have been done by law, are urgent as there’s a risk to health and safety or the landlord has a history of breaking the law.

4. Works in default

 If a formal notice is served and essential works aren’t done by a landlord, we may do them instead, to ensure safety, and then recover all the expenses from the landlord. We may still decide to prosecute the landlord.

5. Simple cautions/interviews under caution

 If we issue a simple caution but this is ignored by the alleged offender, the case will be reviewed and we will decide if other formal or informal action is needed.

6. Prosecution

Before starting any prosecution proceedings, we must be satisfied:

• there’s sufficient, admissible and reliable evidence the offence has been committed and there’s a realistic prospect of conviction
• it’s in the public interest to do so

7. Penalty Charge Notice

 Where the landlord does not comply with his duties after being served with a remedial action notice under the Smoke and Carbon Monoxide ALarm (England) Regulations a PCN may be served.