Content

To use the new Cumberland Council enforced sales
procedure to enforce the sale of an empty property in the Maryport
area.  The sale will provide the
property an opportunity for it to be brought back into use. It is
likely to ensure the Council recovers at least some of its costs
incurred through works in default on the property. The
Reference Number is PR202203-23651
 

Reasons for the decision

PR202203-23651 is a long-term empty property
and has been empty since 1st August 2018.
 
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.
 
PR202203-23651 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).
 
Works in default have been undertaken under
the Prevention of Damage by Pests Act 1949 to the
property.  The current debt to the
Council is £22,581.62. Invoices have been issued to the owner
of the property resulting in no payment. The owner died in November
2024. There is no executor to administer the estate.

Alternative options considered

Await the owner’s representative to
repay the current debt of £22,581.62 with no given time
scales. If repaid it is likely debt will occur again given new
complaints are likely to be logged. This could result in more works
in default being carried out which will incur further charges. The
property is located on a busy main road. Leaving the property in
its current condition and doing nothing will cost the Council more
in the future.
 
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’s representative. The Local Authority are unable to
recover charges on the property they choose to carry out a
Compulsory Purchase Order. 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 longer the property is left means it will fall
further into disrepair and the asset will devalue. The property is
highly unlikely to come back into use without the local
authority’s intervention as the owner is deceased and there
is no exor for the estate at the time of writing the decision
notice.