Repair notices under Article 41 of the Housing (NI) Order 1981
Dear Northern Ireland Housing Executive,
Article 41 of the Housing (NI) Order 1981 gives the Housing Executive powers to issue a repair notice on the owner of a house, or part of house, that is unfit for human habitation, if that appears to be the most satisfactory course of action.
1. Please explain the types of circumstances when the Housing Executive may elect to use these powers
2. Please provide the numbers of repair notices issued under Article 41 in the last 5 financial years (until March 2021). If possible, please group these by tenure (e.g. privately rented, social housing, owner occupier)
3. Please provide any guidance or policy on the exercise of the Housing Executive's powers under Chapter II of the 1981 Act
Yours faithfully,
E Farrell
Ref: FOI_21_304
Dear Sir/Madam
Freedom of Information Act 2000
Thank you for your request received on 26^th January 2022 about the
circumstances relating to the issue of Repair Notices under Article 41 .
I am dealing with your request under the terms of the above legislation.
In line with government advice on the management of the coronavirus
outbreak, it has become necessary to make changes in the way we deliver
our services. These changes are intended to protect our customers and our
staff while ensuring we continue to provide essential services. As
members of staff are working from home where possible we are currently
limited in our ability to complete responses to Freedom of Information
requests.
Whilst it is our intention to issue a response to Freedom of Information
requests within the statutory timeframe, due to the current situation we
are limited in our ability to do so. Given the unprecedented times that
we are all working and living in I would ask for and appreciate your
understanding in this matter.
In some circumstances a fee may be payable but if that is the case I will
let you know the likely charges before proceeding.
Yours faithfully
Karen Rainey
obo FOI Team
Karen Rainey | FOI Team (Information Goverance) | NI Housing Executive | 2
Adelaide Street, Belfast, BT2 8PB | *: [email address]
Personal Information
To find out how we use your personal information and your individual
rights you can view the full version of our Privacy Notice at
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Good Evening
Please see attached response to your recent Freedom of Information
request.
Apologies for delay in issue of same.
Kind regards
Annabel
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Dear Northern Ireland Housing Executive,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Northern Ireland Housing Executive's handling of my FOI request 'Repair notices under Article 41 of the Housing (NI) Order 1981'.
I've looked at this issue in more detail and I am not sure that your response was accurate.
Councils can only deal with unfitness of private tenancies. The Housing Order INI ) 1981 gives NIHE powers to deal with individually unfit houses and areas with large concentrations of unfit housing. My request about NIHE's recent exercise of these powers.
I would like to clarify my request to ask if, and to what extent, NIHE has exercised its powers under Chapter II the 1981 Order to issue a closing order, repair notice or demolition order in the last 10 years. If the answer is yes, can you please set out the number of each type of order issued and whether the property was owned by a private individual or company or a social landlord.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/r...
Yours faithfully,
E Farrell
Your message is ready to be sent with the following file or link attachments:
Letter 19 Internal Review Acknowledgement (002) Template FOI Mr Farrell 29.04.22
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Dear Mr Farrell
Thank you for your email regarding a request for an internal review under
the Freedom of Information Act, which was received on 27^th April 2022.
Unfortunately, I will be unable to proceed with your request without
clarification of the information you wish to receive. To help us respond
effectively to your request, I would be grateful if you could clarify that
your point detailed below relates to Article 13, the power to enter on
lands? Chapter II of the 1981 Order is wide encompassing of the general
functions of the NIHE.
3. Please provide any guidance or policy on the exercise of the
Housing Executive's powers under Chapter II of the 1981 Act
Please note that the 20 working days’ time limit for responding to your
request is suspended until I receive clarification. If I do not receive
appropriate clarification of your information requirements by 19^th July
2022 which is two months from the date of this email, then I will consider
your request closed.
Kind regards,
Helen Leung
Information Governance Advisor | Planning, Performance, Risk & Governance
Northern Ireland Housing Executive
2 Adelaide Street, Belfast, BT2 8PB
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Dear NIHE FOI,
Thank you for your reply.
I apologise, I made a mistake in my initial request. I should have clarified that I was looking for information on Chapter II and Chapter III of Part III of the 1981 Order. My interest is in NIHE's redevelopment powers. I would appreciate it if you could provide any operational or technical guidance on the exercise of NIHE's powers relating to vesting orders and clearance orders.
My original request related to Article 41 of the Order and the Housing Executive's powers to issue repairs notice. NIHE's reply was that this was not a function of NIHE. But the 1981 Housing Order gives NIHE powers to issue repairs notice under its broader powers to tackle unfitness and regeneration.
Yours sincerely,
E Farrell
Dear Sir or Madam
Please find attached letter acknowledging receipt of your further Freedom
of Information request arising from your request for an internal review of
FOI_21_304.
Regards
| Housing Executive |Land Asset and Policy Unit
To find out more about how we use your personal information and your
rights you can view the full version of our Privacy Notice at
[1]www.nihe.gov.uk/privacy_notice.
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References
Visible links
1. http://www.nihe.gov.uk/privacy_notice
Dear Mr Farrell,
Ref: FOI_22-23_037
Please find the response to your Freedom of Information request attached.
Kind regards,
Helen Leung
Information Governance Advisor
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Dear Mr Farrell
Please find attached response to your recent request for an internal review.
Kind regards,
Helen Leung
Information Governance Advisor
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