Section 239, 16 and 235

Landlord Discussion
1

Hi, we’ve just been served with 3 notices from the Local Authority.

Section 239

Section 16

Section 235

And ideas of what’s going on?
It’s a ground floor flat, kept well, no real issues.
Can’t understand why this would be?

Many thanks

2

have you had an improvement notice served prior?

3

No nothing at all. Just these 3 very curt emails

4

Seeing as it’s a flat, have they simply got the wrong address? Are there any other flats in the block that would typically receive these notices? Have you queried it with them?

5

There’s only 2 flats and it’s definitely the correct one.

6

It sounds as though they have a suspicion that its being occupied as an HMO and want to check. Its possible that someone has reported this to them.

Who lives there?

1 Like
7

Just one single man who has carers coming in as she is housebound. We actually believe that the carers have reported something out of spite as they fell out with us. But everything is in order so should be fine.

Many thanks

1 Like
8

Here’s what they all mean;

1. Section 239 notice – Housing Act 2004

  • What it is: Gives the council the power to enter and inspect a property.

  • Purpose: To see whether housing law (such as the Housing Health and Safety Rating System – HHSRS) is being complied with.

  • Requirements: The council must normally give at least 24 hours’ written notice to the landlord or occupier.

  • Why issued: If they suspect hazards, poor conditions, overcrowding, or licensing breaches.

2. Section 16 notice – Local Government (Miscellaneous Provisions) Act 1976

  • What it is: A legal demand for information.

  • Purpose: To require someone (usually the landlord, owner, or managing agent) to give details such as:

    • Who owns the property

    • Who occupies it

    • Who receives rent

    • Who manages it

  • Why issued: Councils use it to clarify responsibility and ensure they contact the right legal party.

3. Section 235 notice – Housing Act 2004

What it is: A power to require documents and records.

Purpose: The council can demand things like:

    • Tenancy agreements

    • Gas safety certificates

    • Electrical safety reports

    • Licences

    • Other relevant paperwork

  • Why issued: Helps them check compliance with housing law, licensing, and safety standards.

Suggested response;

I acknowledge receipt of the notices served under Section 239 Housing Act 2004, Section 16 Local Government (Miscellaneous Provisions) Act 1976, and Section 235 Housing Act 2004.

I confirm that I will cooperate fully and provide the requested information/documents within the timescales specified, subject to my legal rights. If clarification or additional time is needed, I will contact you promptly.

Please confirm the date and purpose of any proposed inspection, and the officers who will be attending.

Hope this helps

2 Likes
9

Have you asked the tenant? Did you fall out with the carer because of repairs that were requested? Have you inspected the property recently? Is it possible that someone suspects that there is some cuckooing going on? Alternatively there is a possibility that the tenant needs to move into a care home as the property is no longer suitable but the authority wants to see for themselves.

10

Just one single man……..she is housebound? Bit confusing. Do you mean… you and your wife/partner.

11

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