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@eastriding.gov.uk

14. Emergency remedial action appeal

15. Emergency remedial action