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Public sector landlords

This content applies to England

Enforcement powers and duties in relation to public authority landlords and private registered providers of social housing (PRPSH).

It is not possible for a local authority to enforce the provisions of Part 1 of the Housing Act 2004 against itself and so the enforcement provisions are not available.[1] It must however carry out inspections on its own properties, where required to do so as a result of a complaint or its review of housing conditions (see Duty to inspect). Further, local authority housing is expected to comply with the Decent Home Standard, which requires that homes are free of Category 1 hazards.[2]

Other public sector landlords, such as the National Health Service (NHS), Ministry of Defence and fire authorities, can be subject to inspection and enforcement. Some landlords have a Crown exemption.

PRPSHs including those that have ex-council housing, are subject to inspection and enforcement. A local authority receiving a complaint about a dwelling owned by a PRPSH may first consider that landlord's plans for complying with the Decent Homes standard, before deciding what action to take.

The information on this page applies only to England. Go to Shelter Cymru for information relating to Wales.

[1] R v Cardiff City Council Ex p. Cross [1982] 81 LGR 105, QBD; (1982) 6 HLR 6,CA.

[2] para 1.4 Housing Health and Safety Rating System Enforcement Guidance: Housing Conditions, February 2006.

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