Would seem a reasonable solutionis it typical of the council to deflect blame rather than getting on with sorting it out? If so many properties are empty and not being maintained couldn't the council give notice that they will be compulsory purchased and then redeveloped. Especially shut down hotels for housing.
Iām not a lawyer but do get involved in property acquisition for clients. Council is not wrong in that they canāt serve a notice under the Housing Act or Building Act or issue CPOs and then expect to recover costs from property owners - it wouldnāt stand up in court. And tracing ownership Iām sure is complex and time consuming.is it typical of the council to deflect blame rather than getting on with sorting it out? If so many properties are empty and not being maintained couldn't the council give notice that they will be compulsory purchased or repossessed and then redeveloped. Especially shut down hotels for housing. If people come forward to claim the property as theirs they can then be charged for leaving the property in a dangerous state of disrepair.
Firm action needs to be taken.
cheers for the explanation. Was only looking at it from a laymans pov and thinking how the council could improve.Iām not a lawyer but do get involved in property acquisition for clients. Council is not wrong in that they canāt serve a notice under the Housing Act or Building Act or issue CPOs and then expect to recover costs from property owners - it wouldnāt stand up in court. And tracing ownership Iām sure is complex and time consuming.
If they were to issue a CPO they need to pay market value which needs money they havenāt got without additional government funding. And they canāt āre-possessā a property thatās not theirs in the first place.
So the real problem as ever is funding in that property law is pretty cumbersome but does a good job of protecting ownersā property rights. A boost to funding could give councils more Ā£ to trace ownership, more enforcement officers, better legal support, money for more CPOs, budget for maintenance works etc etc
sorry, but just one more thought. All these empty decaying premises,especially hotels. I doubt very much these untraceable owners will be paying rates, council tax and all other sorts of bills on them. Is that not a perfectly valid reason to take ownership of them and put pressure on these missing owners to come forward. I'd imagine that the council are losing hundreds of thousands of pounds on them.Iām not a lawyer but do get involved in property acquisition for clients. Council is not wrong in that they canāt serve a notice under the Housing Act or Building Act or issue CPOs and then expect to recover costs from property owners - it wouldnāt stand up in court. And tracing ownership Iām sure is complex and time consuming.
If they were to issue a CPO they need to pay market value which needs money they havenāt got without additional government funding. And they canāt āre-possessā a property thatās not theirs in the first place.
So the real problem as ever is funding in that property law is pretty cumbersome but does a good job of protecting ownersā property rights. A boost to funding could give councils more Ā£ to trace ownership, more enforcement officers, better legal support, money for more CPOs, budget for maintenance works etc etc
Itās a fair point 20 but the council canāt just take ownership because someoneās not paying up, itās just seen as a civil debt. So the council has to go through the courts and apply for an enforced sale if it wants to recover whatās owed. Even then, the property is sold and the proceeds go toward the debt but the council doesnāt become the new owner. Frustrating.sorry, but just one more thought. All these empty decaying premises,especially hotels. I doubt very much these untraceable owners will be paying rates, council tax and all other sorts of bills on them. Is that not a perfectly valid reason to take ownership of them and put pressure on these missing owners to come forward. I'd imagine that the council are losing hundreds of thousands of pounds on them.
thanks again for explanationItās a fair point 20 but the council canāt just take ownership because someoneās not paying up, itās just seen as a civil debt. So the council has to go through the courts and apply for an enforced sale if it wants to recover whatās owed. Even then, the property is sold and the proceeds go toward the debt but the council doesnāt become the new owner. Frustrating.
As mentioned above, they are hamstrung by legislation and money, all the cutbacks mean fewer staff, the public can't have it both waysCouncil are feckin useless. They need to do much more.