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 PR202203-42442.
 

Reasons for the decision

PR202203-42442
is a long-term empty property and has been empty
since14th September 2007.
 
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.
 
PR202203-42442 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 £4,435.94. 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 £4,435.94 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.