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To use the Cumberland Council enforced sales
procedure to enforce the sale of an empty property in the Carlisle
area.  The sale will provide the
property with the opportunity to be bought back into use and is
likely to ensure the Council recovers its costs incurred through
works in default on the property.
 
003608 is a long-term empty property that has
been vacant since 2012. The property has been the subject of
complaints since 31st January 2023. Various attempts by
the Council to contact the owner since 31st January 2023
including a visit to the owner’s home have been
unsuccessful.
 
The property has, in the recent past, caused
annoyance and distress to neighbours due to the condition of the
front & rear gardens. The property has had food waste left in
the front garden and the condition of the rear garden has allowed
vermin to harbour meaning residents have not been able to have
quiet enjoyment of their gardens. The property is run down and at
risk of attracting anti-social behaviour.
 
Further to receiving complaints from
neighbouring residents and on detecting statutory nuisance, the
Council issued the owner with an abatement notice under s80
Environmental Protection Act 1990 on 15 June 2023.  The notice required the owner to undertake
specified works to abate the nuisance. The owner failed to carry
out the works required by the notice. 
The Council then exercised its power to undertake the works in
default to abate the nuisance under s81 Environmental Protection
Act 1990 and gained access to the property via a warrant that was
granted by the magistrates’ court on 11th October
2023.The works were not carried out on the same day as the warrant.
The Council did allow the owner some additional time to do the
works themselves to avoid works in default. The owner was provided
with one last chance. The owner failed to carry out the works
specified in the notice.  The Council
carried out works in default on the week commencing 13th
November 2023.
 
The works in default were carried out at a
cost of £3,403.50 to the Council and the cost was registered
as a financial charge on the local land charges register on 16
January 2025. The financial charge is a charge binding on the
premises under s81A Environmental Protection Act 1990, meaning that
if the property is sold a purchaser becomes liable to pay it.
 
Works in default to the sum of £237.40
were earlier undertaken by the Council on 5 May 2023 under s17
Public Health Act 1961 in respect of a broken drain which was
affecting a neighbouring property. 
These costs do not constitute a charge binding on the premises but
can be recovered as part of the Council’s expenses if an
enforced sale is completed and there is sufficient equity in the
property.  There is an existing mortgage
on the property which will be paid first as the Council’s
charge does not have statutory priority.
 

Reasons for the decision

The Enforced Sale Procedure enables officers
to use appropriate powers to recover costs incurred in dealing with
empty properties including the enforced sale of the property if the
financial charges registered against the property exceed
£1,000, where the property is not in a compulsory purchase
order (CPO) area and where Legal Services consider that the debt is
unlikely to be recovered by other means. The procedure also allows
for the use of those powers for a lower amount as an exception to
procedure if the amount is unlikely to be recovered and the
property is causing a great problem. The Monitoring Officer or the
Chief Legal Officer is authorised to make the decision.
 
003608 meets the criteria stated in the
procedure and the use of appropriate powers under the Enforced Sale
procedure will bring the property to market, attract new owners to
invest in the property, bring it back into use and is likely to
recover the costs owed to the Council (subject to other charges
having priority being paid first).
 
The current debt to the Council is
in excess of £1,000. Final demand
notices have been issued to the owner resulting in no payment. The
council has sent regular reminder letters to the owner. There has
no contact from the owner.

Enforced sale is the only realistic option
left to try to recover the Council’s costs and provide the
property with the opportunity to be looked after and occupied
moving forward. All other options have now been exhausted or are
not financially viable.  Even if there
is not sufficient equity in the property to fully cover
all of the Council’s costs, the
property will still be brought back into use.
 

Alternative options considered

Await the owner to repay the current debt of
£3,641 with no given time scales. Once repaid its likely debt
will occur again given new complaints are likely to be logged. The
gardens will grow back, fly-tipping and anti-social behaviour are
likely to continue.
 
Allow the owner more time to improve the
property and get it ready for reoccupation, however the property
has now been left for 12 years with no supporting evidence or
contact from the owner regarding the future intentions of the
property.
 
The Council has the power to make a
Compulsory Purchase Order, but this is more burdensome
process and requires the authority to secure funds to compensate
the owner. Enforced sale is a simpler less costly process.
 
The authority could do nothing and wait
for matters to take their course as the works in default is
recorded as a land charge. This will not resolve the condition or
state of the property and represents the loss of a valuable housing
market asset. The risk of anti-social behaviour and illegal
occupation will increase the longer is left and the asset will
devalue further.