Emergency remedial action

1
Emergency remedial action

• How many Authorities have used ERA?
• How many ERA notices have been appealed to the
  RPT?
• 2006-2007 There were 76 ERA notices served
• To date 7 appeals to the RPT

2
ERA legal requirements

• Section 40, emergency remedial action (new! April
  2006)
• Conditions before taking action
• Existence of a Category 1 hazard
• Imminent risk of serious harm
• No interim/final management order in force
• Remove imminent risk
• Proper notice requirements must be followed

3
ERA legal requirements

• Notice requires to be served on all occupiers
  (can attach to wall)
• Within 7 days serve notice and copy notices on
  interested parties
• Appeal provision within 28 days (although be
  aware of discretion of RPT) (address)

4
ERA case study

• Case scenario
• Four storey semi-detached house divided into five
  non-self contained flats and one self-contained
  flat.
• Five bedsits sharing bathroom and wc facilities
• Five tenants, two of whom were pregnant

5
ERA case study

• Recent history of problems
• Sword incident
• Vulnerable occupiers
• Harassment/intimidation
• Police involvement
• Poor management standards
• Unplanned renovation work

6
ERA case study

• Resulting in
• Property left with no electric and water supply
• Access required to locked empty flat

7
ERA notice

• Consider all options available for Category one
  hazards
• Most appropriate course of action
• Statement of reasons for decisions
• Full HHSRS assessment listing deficiencies
• Have regard to enforcement guidance

8
ERA notice

• Schedule 1
• Nature of hazard-
• There is no electrical supply to first and second
  floor flats and some works have been undertaken
  and left unfinished. There is no lighting to the
  flats.
• There is no water supply for domestic purposes.
• The deficiency giving rise to the hazard-
• Part rewired electrical supply and lack of
  electrical power to first and second floor flats
  and no lighting to the flats increases the risk
  of injury to occupiers. There is inadequate
  means of heating and cooking. As a result of
  these deficiencies there is an increased risk of
  fire.
• Lack of an adequate wholesome supply of mains
  water for drinking, cooking and personal hygiene
  and sanitation purposes.

9
ERA notice

• Schedule 2
• Nature of remedial action-
• Remedy any/all hazards arising from the
  electrical installation and for that purpose
  carry out all necessary works or repair and/or
  replacement to leave the installation safe and
  sound.
• On completion of electrical works forward to the
  Council a test and completion certificate
  provided by a qualified NICEIC registered
  electrician or the Local Electricity Board.
• Reinstate the mains water supply to each of the
  flats at the premises

10
ERA notice

• Correct authorisation
• Keep accurate record of actions
• Clear and easy to use procedures
• Standard notices and letters
• In house/approved tradesmen
• Legal assistance where required, i.e., warrant
• Serve notice for recovery of all costs
• Make funds available for w-in-d

11
ERA notice

• Notice served on owner
• Two pregnant tenants re-housed immediately
• Warrant obtained
• Locksmith/plumber and electrical contractor
• Oversee works-in-default/certification obtained
• On completion tenants moved back into property
• Owner invoiced for works-in-default and L.A. costs

12
ERA appeal to RPT

• Gather and submit all evidence to prosecution
  standards
• Counter appellants information
• Brief succinct summary
• Witness statements
• Submit any costs
• Attend property inspection
• Represent LA at RPT hearing
• (Rehousing costs?)

13
Emergency remedial action appeal

• For copy of full transcript visit
• http//www.rpts.gov.uk/Indexes/MAN_HA_EMGNO_00FB_
  2007.htm
• Russell Lee 01482 396288
• russell.lee_at_eastriding.gov.uk

14
Emergency remedial action appeal
15
Emergency remedial action