Improvement and Prohibition Notices in Wales

Many renters in Wales face problems when their home has hazards or disrepair. If conditions are unsafe, your local council can use Improvement Notices or Prohibition Notices to require landlords to fix problems or stop letting part or all of the property until it is safe. This page explains what those notices mean for tenants, the practical steps to report hazards, how councils decide when to act, and which official forms and tribunals are involved. It also outlines realistic timescales, what to record as evidence, and how to protect your rights while repairs are carried out. The guidance is written for tenants and renters who need clear, practical steps in Wales.

What are Improvement and Prohibition Notices?

Improvement Notices tell a landlord they must carry out specified repairs to remove hazards; Prohibition Notices can restrict or stop use of part or the whole property until it is made safe. Councils use the Housing Health and Safety Rating System to assess hazards and decide whether to serve a notice. These powers come from the Housing Act 2004^[1].

Legal context for tenants

Notices are enforcement tools separate from tenancy law. Private tenancy rights and possession must also be understood under the Housing Act 1988 and the Rent Act 1977 where they apply, but enforcement of housing conditions is done by local authorities using the Housing Act 2004 framework^[4][5].

When a council will consider a notice

• Where a serious hazard is found under HHSRS such as fire risk, severe damp or carbon monoxide risk.
• When essential repairs affecting habitability (heating, hot water, plumbing) are not done by the landlord.
• When a tenant has reported problems and the council inspection confirms the issues.
• When evidence such as photos, dated messages or inspection reports supports the complaint.

Forms and official sources

There is no single national prescribed form for Improvement or Prohibition Notices; local authorities use notice templates and serve documents under the Housing Act 2004^[1]. Practical guidance on how hazards are assessed is provided in the HHSRS guidance on GOV.UK^[2]. If you need to challenge a council decision or appeal against an enforcement action, the route is usually the First-tier Tribunal (Property Chamber)^[3].

• Housing Act 2004 improvement/prohibition notices (no national form number) — used when a council decides a notice is needed; example: if your heating has failed in winter and the council confirms a hazard, they will serve a council Improvement Notice requiring the landlord to fix the heating by a set date.
• HHSRS guidance (GOV.UK) — explains hazard categories and how councils judge seriousness; example: an inspector will score damp and mould against HHSRS criteria to decide whether an Improvement Notice is appropriate.
• First-tier Tribunal (Property Chamber) procedures (GOV.UK) — explains appeals and hearings; example: if a landlord or tenant wishes to challenge a council's decision, they should follow the Tribunal guidance on how to lodge an appeal.

How notices affect tenants

Notices are aimed at making a property safe. They may require work to be done by a specific date, or in serious cases prohibit occupation of part or all of the home until remedied. Councils should state timescales and the reasons in the notice and must follow statutory procedures.

• If a Prohibition Notice requires you to vacate, council officers should explain whether temporary rehousing or support is available.
• Do not withhold rent automatically; follow advice from your council or legal advice service because withholding rent can affect possession rights.
• Councils cannot normally enter without following proper inspection procedures; landlords must give notice before visiting unless it is an emergency.

FAQ

Can a council force me to leave my home after a Prohibition Notice?

Yes, if a prohibition requires the property or part of it to be vacated for safety reasons. The notice will state the area affected and when you must vacate; councils should advise on rehousing or help options.

How long does a landlord have to carry out works after an Improvement Notice?

Timescales vary by notice and hazard severity. The Improvement Notice will state the deadline; the council will consider how quickly risk must be removed and set a realistic date based on the work required.

Can a landlord be fined or prosecuted for ignoring a notice?

Yes. If a landlord fails to comply, councils may take enforcement action, which can include fines, carrying out works and charging the landlord, or prosecution depending on the case.

How-To

1. Contact your landlord in writing describing the problem and giving a reasonable deadline for repair.
2. Collect dated photos, notes of phone calls, text messages and any receipts as evidence you can show the council.
3. Report the issue to your local council's environmental health or housing enforcement team and ask for an inspection.
4. If the council serves a notice you disagree with, ask for the reasons in writing and, if needed, follow the Tribunal appeal process in the First-tier Tribunal (Property Chamber).

Key Takeaways

• Improvement and Prohibition Notices are tools councils use to make rented homes safe.
• Keep dated evidence and written communication to support any complaint to the council.
• Appeals and disputes about enforcement usually go to the First-tier Tribunal (Property Chamber).

Help and Support / Resources

• Rent Smart Wales
• HHSRS guidance (GOV.UK)
• First-tier Tribunal (Property Chamber) information (GOV.UK)

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1. [1] Housing Act 2004 (legislation.gov.uk)
2. [2] Housing Health and Safety Rating System guidance (GOV.UK)
3. [3] First-tier Tribunal (Property Chamber) information (GOV.UK)
4. [4] Housing Act 1988 (legislation.gov.uk)
5. [5] Rent Act 1977 (legislation.gov.uk)