Houses in a state of disrepair

[DrewHill]

I wonder if anyone can offer any advice on how one might get an empty neighbouring house in the area, currently in a dramatic state of disrepair, repaired to a decent condition, especially when the owner seems to have no regard for the condition the house is in.

In the two roads next to where I live, there are currently 2 houses being propped up with scaffolding, I assume due to issues with subsidence. To my knowledge, they've been like this for at least a year.

Do the owners have any duty of care to their neighbours? As a homeowner, does one not have a responsibility to keep the outside of one's property in a state of decent repair? Especially in a row of terraced houses.

I'd really like to know if there is anything we can do to bring about some action from either the owners or the council, so as to clean up the whole area. Houses covered in scaffolding are an eyesore for the whole community.

Would a building society / bank, with an interest in the property through a mortgage, have any responsibility perhaps?

[benjaminty]

Interesting thread Drewhill!

I would say that that first thing to do is find out who owns the properties as you quite rightly pointed out. From my experience the Council know a lot about their houses and area but don't necessarily have the means to do anything about it.

I for one, have a family living next to me who shouldnt actually be there, and have openly admitted to another neighbour that they don't know how to clean - now rats have been seen in their garden. And Council are well aware of them... The house is a mess in and out.

As far as scaffolding is concerned - is it really be used to hold it up? Surely they would use tie-bars as soon as they could? If they are monitoring the situation with subsidence then they definitely wouldn't be using scaffolding as it would have adverse affects with the results. Seems a very expensive way to keep a house standing.... surely they should be taking remedial action? Are people actually living in these houses?

Where abouts do you live? Off LL? I remember there being many houses around Muschamp that had a lot of scaffolding for ages...

[Nero]

A letter to your local councillor, copied to Tessa Jowell and to the leader of Southwark council spelling out your concerns and thoughts would help at least somewhat. If you can, include the names and contact details of the owners. Nero

[Peckham native]

If the houses are empty you could try contacting Southwark Council Empty Homes Initiatives. [email protected]. is the email address of the manager. They do a lot of work in tracking down owners and "encouraging" them to improve their homes

[DrewHill]

Thanks Nero. That is the next step in my plan. Wondered if anybody knows of any particular legislation that can be used. Surely I can't just let my house cave in, to the detriment of my neighbours houses. I'm sure if I painted my house, a victorian terrace, bright pink the council would intervene.

To Benjaminty's point, when I say scaffolding, thats what it looks like to me. Not being a structural engineer, I couldn't say if tie bars are being used. It's just a mess and also a hazard. A few times I've caught kids playing on the bars. If one was to get injured, who's responsibility would that be? Surely the owner has a duty of care to protect people on their property.

[Cassius]

DrewHill Wrote:

I'm sure if I painted my house,

> a victorian terrace, bright pink the council

> would intervene.

I'm pretty sure they wouldn't. There are some houses with 'interesting' colour schemes in the area.

[Siduhe]

Do the owners have any duty of care to their neighbours? As a homeowner, does one not have a responsibility to keep the outside of one's property in a state of decent repair? Especially in a row of terraced houses.

Yes, there is a duty to your neighbours, but it is only actionable in certain circumstances. A "private nuisance" is caused by a person doing something on his own land, which he is lawfully entitled to do, but which becomes a nuisance when the consequences of his act extend to the land of his neighbour by, for example, causing physical damage. A private nuisance is actionable in tort. So you would have to demonstrate that the scaffolding is causing you or your property actual, quanitifiable/provable harm (beyond the fact that it looks a mess or is generally letting the street down). That may be hard to do, based on what you have described.

I agree that you should contact your local Council. Councils are under a duty to serve an abatement notice in respect of any statutory nuisance they have identified. In particular, the Environmental Protection Act 1990 provides that "the authority shall serve a notice" prohibiting or requiring the abatement of the nuisance or requiring the execution of works and other steps necessary to abate the nuisance. Premises which are kept in a state "as to be prejudicial to health or a nuisance" will be considered as a statutory nuisance (s.79(1)). Have a look at section 82 as well.

[DrewHill]

Thanks Sidhue, that's just what I was looking for. This thread is an advert for just how useful this forum can be.

Can I ask, if the council agree that a nuisnace is being caused, which I believe it is under sections 79 (1) (a) & (b) in the above link, and an abatement order is served, what powers do the council have to act to remedy the nuisance in the absence of the owner?

[benjaminty]

I'm not sure how similiar this is to a circumstance I and my neighbours find myself in. Without going into too much detail a local "trader" has continually built on a property without planning permission. It has been to court and he has been found in breach of planning regulations and party wall agreements.

Even with the law on their side the council will not take action and force demolition.

Would be intrigued to hear how you get on though.

Could you provide an update and when perhaps?

[rob]

I don't think Louisa will take too kindly to you all talking about her house like that. Working class pensioners find it hard enough to keep themselves alive in the winter, they don't have money for home improvements like all these pesky incomers, you know.

[DrewHill]

Hi Rob, I've amended my original post to include the word "empty", as the house is uninhabited, and has been for some time now due to the state of disrepair it's currently in.

[KalamityKel]

Rob there's no need to be catty now. tut tut tut at u!

[Louisa]

Oh rob you do amuse. I am not quite a pensioner yet and i'm sure i've got more than enough energy to wrestle you to the ground and plead mercy ;-)

You can stand up for me and my house any time you like big boy hehe

Louisa.

[Siduhe]

DrewHill, have a look at 81(3), 81(4) and 81(5) of the link I gave above. In short, the council has wide-ranging powers to take steps to enforce the EPA, but the reality is that they will only exercise these powers in the most extreme and serious of cases where there is a general public interest for them to spend taypayers' money doing so - if there was a risk for example that the houses might collapse.

I'm no expert on this kind of thing, but I understand that a lot of the time in these situations, the people who own houses in this state of disrepair are simply overwhelmed by their upkeep, or have other social or medical issues, or are simply too old to cope rather than being deliberately negligent or anti-social - support in these cases is always going to be a lot more effective than legal proceedings. What you describe sounds a bit different - assume these properties are privately owned? Have you got copies of the title deeds/reg certificate from the Land Registry (about ?2/3 per copy and will tell you the current legal owner)?

If the houses are empty, then the Empty Homes Initiative would definitely be my first port of call. If the owner is genuinely willing to do up the property but lacks funds, they may be able to help. If the owner is simply uncooperative, you've improved your chances of getting Southwark to take the statutory nuisance route. The biggest practical problem is going to be finding out how serious the issues with the houses are - scaffolding might be up for a number of reasons, how do you show it's subsidence? Again the EHI may have some ideas about this or you and your neighbours could club together and employ a surveyor to do an external inspection.

[DrewHill]

Once again, great post Siduhe. I've made contact with the council and they have forwarded my concern on to the Empty Dwellings Management team. Very happy with the speed of response from Cllr Humphreys.

The issue now seems to lie in the fact that other neighbours seem to think the owner moved abroad some time ago. Thus, it may prove difficult for the council to make contact with him. Perhaps Skipton Building society, the mortgage company listed on the land registry website as having an interest in the property, have some responsibility?

My suspicion of subsidence comes from the fact that my house, just round the corner, has been underpinned in the last 10 years. Oh, and am lucky enough to have a surveyor in the family. May well try and twist an arm to take a look at the house in question.

[snorky]

You can live in anyway tyou want and keep your property in anyway you want, as long as it doesnt affect the health & safetey of others.

getting on someones case for legitimate H&S matters is sensible, getting on their case cos it looks scruffy and is lowetring the tine/ value of your own place is another matter entirely.

I personally would get rather annoyed if the neighbours began to get involved in anything to do with the appearance of Snorky towers

[DrewHill]

Last post on this thread (I hope), to keep those that have asked updated.

Having contacted the Empty Home Initiative on Siduhe's suggestion yesterday, I've already received a more than satisfactory reply.

They confirmed that they are aware of this property and have revisited the site today and have been in contact with the agents dealing with the property on the owners behalf.

An application for demolition and reconstruction of the front bay has been approved by the councils Building Control Section, and currently a planning application in this regard has also been submitted. Once planning has been approved (this takes on average 8 weeks), contractors will start works on property to bring the property back into use.

The property is properly shorn up, and the site secured and is being overseen by structural engineers. Fences are constructed to ensure people do not walk too close to the property's boundaries.

They appreciated the property is an eyesore at the moment, but all steps are being taken to get to the stage to start works on repairing the whole of the front facade and steps and enabling the property to be reoccupied.

I thought it only right to post my more than positive experience in dealing with the council and this specific dept, and encourage others in a similar situation to do the same.