Can you sell a property with a prohibition order? This question haunts many property owners who’ve received that dreaded notice from their local council, leaving them feeling trapped with a seemingly unsellable asset and mounting financial pressure as their property sits empty, generating costs but no income.
While official UK housing enforcement statistics show that local authorities issued over 12,000 formal housing enforcement actions in the past year, prohibition orders represent some of the most challenging cases for property owners. These orders, which can render entire properties or specific rooms unusable, affect thousands of buildings across the UK, with many owners facing potential losses of 30-50% on their property investments when trying to sell through traditional routes.
Table of Contents
What Exactly Is a Prohibition Order and Why Was It Served?
A prohibition order is a formal legal notice issued by a local authority under the Housing Act 2004 when they identify serious health and safety hazards in a residential property. Unlike an improvement notice which requires repairs, a prohibition order actually restricts or prevents the use of a property (or part of it) until specific conditions are met.
These orders typically address Category 1 hazards (those posing a serious and immediate risk to occupants’ health) or Category 2 hazards (less serious but still significant concerns). Common reasons for prohibition orders include:
Dangerous structural issues
Serious fire safety violations
Extreme damp and mould problems
Inadequate heating or electrical safety concerns
Serious disrepair making the property unsafe for habitation
A standard prohibition order becomes effective 28 days after being issued, while an emergency prohibition order takes immediate effect when there’s an imminent risk to occupants’ health and safety.
Can You Legally Sell a Property with an Active Prohibition Order?
Yes, you can legally sell a property with an active prohibition order, but it comes with significant challenges. The prohibition order itself doesn’t prevent a legal transfer of ownership, but it does create several practical obstacles:
The order remains attached to the property, not the owner
Any prospective buyer will discover the order during legal searches
Most mortgage lenders will refuse to finance the purchase
The value of the property will be significantly reduced
The pool of potential buyers becomes extremely limited
These factors make conventional sales extremely difficult, but not impossible. At Property Saviour, we regularly help owners in exactly this situation, providing a lifeline when traditional sales routes have failed.
How a Prohibition Order Environmental Health Notice Affects Your Property’s Value?
When environmental health officers issue a prohibition order, it can devastate your property’s market value. The impact varies depending on several factors:
| Factor | Impact on Value | Explanation |
|---|---|---|
| Extent of prohibition | 20-100% reduction | Full property prohibitions cause greater devaluation than partial ones |
| Cost of remedial work | Direct correlation | Higher remediation costs = greater value reduction |
| Type of hazards | Varies | Structural issues typically cause greater value reduction than cosmetic ones |
| Area demand | Variable | High-demand areas may see less severe value impacts |
| Time remaining on order | Temporary effect | Properties closer to having orders lifted may retain more value |
These figures represent typical scenarios we’ve encountered when helping clients sell properties with prohibition orders. The specific impact on your property’s value will depend on your unique circumstances, but understanding these factors helps create realistic expectations about potential sale outcomes.
What Happens If a Prohibition Notice Is Issued While You’re Trying to Sell?
Receiving a prohibition notice during an active sales process can throw your plans into chaos. The typical sequence of events includes:
The local authority serves the prohibition order after identifying serious hazards
You must notify your estate agent and any potential buyers immediately
Existing offers will likely be withdrawn or substantially reduced
Your property becomes significantly harder to market through conventional channels
Your options narrow to cash buyers, property developers, or specialist purchasers
This situation can be particularly stressful if you’re in a property chain or have already committed to purchasing another home. At Property Saviour, we understand these pressures and can move quickly to prevent your entire moving plans from collapsing.
What is a hazard?
A hazard in your home poses a risk to your health or safety. Examples include damp and mould growth, as well as issues related to asbestos, carbon dioxide, or other dangerous gases.
Hazards are categorised based on their severity, with the most serious risks and dangerous hazards falling under Category 1, and less dangerous hazards falling under Category 2.
What are category 1 hazards?
The rating system compares the risks associated with different types of hazards. It should be kept in mind that all types of homes contain inherent hazards, such as stairs and electrical equipment.
Category 1 hazards are those where the most serious harm outcome is identified, such as death, permanent paralysis, permanent loss of consciousness, loss of a limb, or serious fractures.
What are category 2 hazards?
If a hazard is less serious or less urgent, it is categorised as a Category 2 hazard. If you have concerns about the condition of your home, you should get in touch with your landlord. Â These are 29 category 2 hazards:
Housing Health & Safety Rating System: The 29 Hazards
The Housing Health and Safety Rating System (HHSRS) assesses 29 housing hazards and their impact on the health and safety of current or future occupants of a property. It offers a method for evaluating hazards and determining the best course of action to address them.
If a hazard poses a serious and immediate risk to someone’s health and safety, it is categorized as a Category 1 hazard. Hazards that are less severe or urgent are classified as Category 2 hazards.
If you have concerns about the condition of your home, you should reach out to your landlord if you’re a tenant, or contact the Health and Housing Team at Stafford Borough Council for advice and support.
Whenever hazards are identified, we will collaborate with the landlord or property owner to eliminate or minimize these risks.
29 Hazards
Hazard
Health Effects
1
Dampness and the growth of mould
Dampness and the growth of mould can lead to various health issues. These include threats to our physical health from dust mites, mould, and fungus, as well as threats to our mental and social well-being.
Living in damp, humid, and mouldy conditions can hurt our overall health.
Allergies, asthma, effects of toxins from mould and fungal infections
2
Excess cold
Health threats can arise from cold indoor temperatures. A healthy indoor temperature should range from 18°C to 21°C.
Respiratory conditions: flu, pneumonia and bronchitis Cardiovascular conditions: heart attacks and strokes
3
Excess heat
Threats arising from high indoor temperatures.
Dehydration, trauma, stroke, cardiovascular and respiratory
4
Asbestos and MMF
Exposure to asbestos fibres and Manufactured Mineral Fibers (MMF)
Asbestos: Damage to lungs
MMF: Damage to skin, eyes and lungs
5
Biocides
Threats to health can arise from the chemicals used to treat timber and from mold growth.
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Risk from breathing in, skin contact and swallowing of the chemical
6
Carbon Monoxide and fuel combustion products
Excess levels of carbon monoxide, nitrogen dioxide, sulphur dioxide and smoke
Dizziness, nausea, headaches, disorientation, unconsciousness and breathing problems
7
Lead
Threats to health from lead ingestion from paint, water pipes, soil and fumes from leaded petrol
Lead poisoning causing nervous disorders, mental health and blood production issues
8
Radiation
Health threats from radon gas and its daughters primarily occur through airborne exposure, but can also arise from radon dissolved in water.
Lung cancer caused by exposure, which increases amount and length of exposure
9
Uncombusted fuel gas
Threat from fuel gas escaping into the atmosphere within a property
Suffocation
10
Volatile organic compounds
Threat to health arises from a diverse group of organic chemicals, such as formaldehyde, which are in gaseous form at room temperature.
These chemicals can be found in a wide variety of materials within the home.
Allergies, irritation to the eyes, nose and skin, headaches, nausea, dizziness and drowsiness
11
Crowding and space
Hazards associated with lack of space for living, sleeping and normal household or family life
Psychological distress and mental disorders, increased risk of hygiene issues, accidents and personal space and privacy compromise
12
Entry by intruders
Problems keeping a property secure against unauthorised entry and maintaining defensible space
Fear of burglary occurring, stress and anguish caused by burglary and injuries caused by the intruder
13
Lighting
Threats to physical and mental health can arise from insufficient natural or artificial light.
These threats also include the psychological effects that can result from the view through glazing from a property.
Depression and psychological effects due to lack of natural light. Eye strain from glare and inadequate light
14
Noise
Threats to physical and mental health arise from being exposed to noise within the property or within its curtilage.
Psychological and physiological changes resulting from lack of sleep, poor concentration, headaches and anxiety
15
Domestic hygiene, pests and refuse
Health hazards can arise from poor design, layout, and construction, which can make it difficult to keep the area clean and hygienic.
This can result in attracting pests and inadequate provision for storing household waste, leading to unhygienic conditions.
Stomach and intestinal disease, infection, asthma, allergies, disease from rats and physical hazards
16
Food safety
Threats of infection arise due to inadequate provision and facilities for storing, preparing, and cooking food.
Stomach and intestinal disease, diarrhoea, vomiting, stomach upset and dehydration
17
Personal hygiene, sanitation and drainage
Threats of infections and threats to mental health are associated with personal hygiene, which includes personal and clothes washing facilities, sanitation, and drainage.
Stomach and intestinal disease, skin infections and depression
18
Water supply
Health threats arise from contamination by bacteria, parasites, viruses, and chemical pollutants due to the poor quality of water supply for household use.
This includes drinking, cooking, washing, and sanitation purposes.
Dehydration, fatigue, headaches, dry skin, bladder infections and legionnaires disease
19
Falls associated with baths
Falls related to a bath, shower, or similar facility.
Physical injuries: cuts, lacerations, swellings and bruising.
20
Falls on level surfaces
Falls can occur on any level surface, such as floors, yards, and paths.
This includes falls that are associated with tripping over steps, thresholds, or ramps where the change in level is less than 300mm.
Physical injuries: bruising, fractures, head, brain and spinal injuries
21
Falls associated with stairs and steps
Falls related to stairs and ramps that have a change in level greater than 300mm are included in this category.
This includes internal stairs or ramps within a property, external steps or ramps associated with the property, access to the property, and access to shared facilities or means of escape in case of fire. It also includes falls over stairs, ramps, or step guarding.
Physical injuries: bruising, fractures, head, brain and spinal injuries
22
Falls between levels
Falls from one level to another, whether inside or outside a dwelling where the difference is more than 300mm, are included.
This also encompasses falls from balconies, landings, or out of windows.
Physical injuries
23
Electrical hazards
Hazards from electric shock and electricity burns
Electric shock and burns
24
Fire
Threats to health from exposure to uncontrolled fire and the smoke it produces include injuries from clothing catching fire, which is a common occurrence when attempting to extinguish a fire.
Burns, being overcome by smoke or death
25
Flames, hot surfaces and materials
Burns or injuries can occur when you come into contact with a hot flame or fire, hot objects, or non-water-based liquids.
Scalds can happen when you come into contact with hot liquids and vapours.
Burns, scalds, permanent scarring and death.
26
Collision and entrapment
Risks of physical injuries can arise when body parts get trapped in architectural features like doors and windows.
Additionally, collisions with objects such as windows, doors, and low ceilings can also lead to injuries.
Physical injuries such as cuts and bruising to the body
27
Explosions
Threats may arise from an explosion, including the blast itself, debris generated by the blast, and the potential partial or total collapse of a building resulting from the explosion.
Physical injuries, crushing, bruising, puncture, fractures, head, brain and spinal injuries.
28
Ergonomics
Threats of physical strain associated with functional space and other features at the dwelling.
Strain and sprain injuries
29
Structural collapse and falling elements
The dwelling is at risk of collapsing or experiencing displacement or falling of its fabric due to inadequate fixing, disrepair, or adverse weather conditions.
Physical injuries
Selling Options: Comparing Your Alternatives
When faced with selling a property under a prohibition order, you essentially have three main options:
Fix then sell: Complete all remedial work to lift the prohibition order before selling
Disclose and discount: Market the property with full disclosure at a heavily reduced price
Sell to a we buy any house firm: Work with companies like Property Saviour who specialise in problematic properties
Each approach has distinct advantages and disadvantages depending on your circumstances, timeline, and financial situation. If you’re feeling overwhelmed, don’t hesitate to contact us for personalised advice tailored to your specific situation.
What Powers Do Local Authorities Have When Issuing Prohibition Orders?
Local authorities have extensive powers when it comes to addressing serious housing hazards through prohibition orders. These powers include:
Conducting inspections of properties without prior notice in some circumstances
Issuing prohibition orders that restrict or prevent the use of all or part of a property
Serving emergency prohibition orders that take immediate effect
Taking emergency remedial action in cases of imminent serious harm
Prosecuting non-compliant property owners, with potential fines and even imprisonment
Ordering rent repayments for periods when prohibition orders were ignored
Imposing banning orders preventing landlords from letting or managing properties
In extreme cases, pursuing compulsory purchase orders for properties in clearance areas
We completely understand how overwhelming it can be when you’re facing a prohibition order. It’s not just the paperwork that’s dauntingâit’s the feeling that your local council suddenly has all this power over your property and, by extension, your life. It can leave you feeling properly stuck and rather helpless, can’t it?
When those official letters start arriving with all their legal jargon and stern warnings, it’s enough to make anyone’s stomach drop. Many of my clients tell me they’ve spent sleepless nights worrying about what might happen next, and I don’t blame them one bit.
Look, dealing with enforcement action isn’t something most of us are equipped to handle alone. It’s complicated, stressful, and sometimes downright frightening when you’re facing the prospect of not being able to use or rent out your property.
If you’re finding yourself in this boat and feel like you’re drowning in bureaucracy and worry, please know you’re not alone. At Property Saviour, we’ve helped plenty of folks in similar situations, and we understand what you’re going through. We’re not just about businessâwe genuinely want to offer a helping hand when you need it most, with practical advice that cuts through all the confusing red tape.
Sometimes just having someone in your corner who knows the ropes can make all the difference, couldn’t it?
Can you appeal a prohibition order?
Yes, you absolutely can appeal a prohibition order!
If you’ve just received that dreaded prohibition order from your local council, try not to panic. You’ve got exactly 28 days from when it was served to lodge an appeal with the First-tier Tribunal (Property Chamber). This deadline is pretty strict, though in exceptional circumstances they might grant an extension if you’ve got a genuinely good reason.
When appealing, you’ve got several options for your grounds of appeal. Many of our clients successfully argue that a different approach would have been more appropriate – like serving an improvement notice or issuing a hazard awareness notice instead. Others dispute whether the prohibition is actually necessary or challenge the technical aspects of the assessment that led to the order.
Once your appeal is lodged, the Tribunal has the power to confirm the original order, quash it completely (the outcome we all hope for!), or vary it by changing some of the requirements. What’s particularly helpful is that the appeal works as a complete re-hearing, meaning the Tribunal can consider new information that wasn’t available to the council when they made their original decision.
While your appeal is being processed, you can also apply to have the order suspended – particularly useful if it’s affecting your income or housing situation. And if your circumstances change down the line, you can request the order be varied or revoked, though be aware there’s a hefty ÂŁ2,500 application fee for this.
At Property Saviour, we’ve helped countless property owners face these tricky waters. If you’re feeling overwhelmed by a prohibition order, don’t wait until that 28-day window is closing – get in touch with us today to see if we can buy it!
What can the local authority do under the HHSRS?
The local authority has various ways to take action against poor housing conditions using the HHSRS. These methods include:
Serving a hazard awareness notice
Issuing an improvement notice
 Imposing a prohibition order
Implementing emergency measures
Issuing a demolition order
 Declaring a clearance area.
Let us explain what local councils can actually do under the HHSRS – it’s quite eye-opening when you realise just how much power they have!
So basically, when council inspectors assess a property, they categorise any issues they find into two types of hazards. Category 1 hazards are the serious ones – things that pose a genuine risk to health and safety. With these, the council actually has a legal duty to take action. Category 2 hazards are less severe, and the council can choose whether to get involved or not.
Once they’ve decided to step in, they’ve got a whole toolbox of options at their disposal. The most common one we see is improvement notices – these are formal demands that you make specific repairs by a certain deadline. But that’s just the beginning!
If things are really bad, they can slap a prohibition order on your property, which basically stops you from using part or all of your house or flat. Pretty dramatic, right? They can even take emergency remedial action in serious cases – literally sending contractors to your property to fix immediate dangers and then billing you for it afterwards!
In the most extreme scenarios, they actually have the power to issue demolition orders or even declare entire areas for clearance. It rarely gets to that point, but it’s worth knowing they technically can do this.
What’s interesting is that they can’t use more than one of these enforcement options for the same hazard at the same time – they need to pick the most appropriate one. And while these powers apply to virtually all residential properties, there’s one quirky exception: councils can’t take enforcement action against themselves for their own housing stock! Bit of a conflict of interest there, I suppose.
At Property Saviour, we’ve helped many landlords and property owners get through these HHSRS issues. It can be incredibly stressful dealing with council enforcement, especially when your property investment or home is at stake.
What’s a hazard awareness notice?
A hazard awareness notice is basically the mildest form of enforcement action a council can take under the Housing Health and Safety Rating System. Think of it as an official heads-up rather than a direct order.
When the council’s housing inspector finds hazards in your property but doesn’t feel they’re serious enough to warrant more drastic action, they’ll send you one of these notices. It’s their way of saying “We’ve spotted these problems, we’re officially letting you know about them, but we’re not forcing you to fix them right now.”
Unlike an improvement notice, a hazard awareness notice doesn’t legally require you to do anything. There’s no compliance deadline, no threat of prosecution if you ignore it, and no right of appeal (because there’s nothing to appeal against – it’s just information). The council is essentially putting the ball in your court.
That said, it would be a mistake to simply file it away and forget about it. These notices are recorded against your property, and the council can always come back later with stronger enforcement if the hazards worsen or if they change their mind about the severity. Many landlords also find that these notices can cause problems when trying to get landlord insurance, re-mortgage, or sell their property.
The notice will contain details about what hazards were found during the inspection and their category (usually Category 2 hazards, as Category 1 typically triggers stronger enforcement). It might also include recommendations for addressing the problems, though you’re not legally bound to follow them.
We often advise our clients at Property Saviour that receiving a hazard awareness notice is a bit like getting the yellow card in football – it’s a warning that you should take seriously if you want to avoid the red card (stronger enforcement) later on.
If you’ve received one of these notices and you’re concerned about what it might mean for your property, especially if you’re thinking of selling, we’re always happy to chat through your options without any obligation.
What’s an improvement notice?
An improvement notice is probably the most common enforcement tool councils use when they find serious problems with a property. It’s essentially the council saying “these issues are serious enough that we’re legally requiring you to fix them” – and yes, that “legally requiring” bit is important!
When a housing inspector identifies hazards during an inspection (usually Category 1 hazards, but sometimes serious Category 2 ones as well), they can issue one of these notices. Unlike a hazard awareness notice, this isn’t just a friendly suggestion – it’s a formal legal document that demands action.
The notice will spell out exactly what repairs or improvements you need to make and, crucially, give you a deadline for completing them. These timeframes vary depending on how serious the hazards are – sometimes you might get several months, but for urgent issues, it could be as little as 28 days.
What catches many landlords out is that the council doesn’t just forget about it once they’ve issued the notice. They’ll actually come back to inspect again after the deadline to check you’ve done the work. If you haven’t complied, things can get pretty nasty – they can prosecute you (with fines up to ÂŁ30,000 per offence), or even do the work themselves and send you the bill, which is rarely budget-friendly!
You do have the right to appeal an improvement notice to the First-tier Tribunal within 21 days if you think it’s unfair, but you need solid grounds for this – like disputing whether there’s actually a hazard or arguing that someone else should be responsible for the repairs.
We’ve seen many clients at Property Saviour who’ve received improvement notices and felt completely overwhelmed by the cost and scale of the required works. For some, especially if they were already thinking of selling, it can make more sense to sell the property “as is” rather than pouring money into repairs for a property they don’t want to keep. We’re always happy to discuss options if you find yourself in this boat – sometimes a quick, hassle-free sale can be less stressful than dealing with enforcement action.
Just remember, ignoring an improvement notice is never a good idea – it’s one of those problems that only gets bigger (and more expensive) the longer you leave it!
What are demolition orders & clearance areas?
Demolition orders and clearance areas are two powerful tools that local councils can use when properties become seriously dangerous or unfit for people to live in. They’re quite dramatic interventions that ultimately result in buildings being knocked down – either individually or en-masse.
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Demolition Orders
A demolition order is essentially the council’s way of saying “this individual property is so dangerous it needs to be demolished completely.” These orders are issued under the Housing Act 1985 (as amended by the Housing Act 2004) when a property has Category 1 hazards – those posing the most serious risks to health and safety under the Housing Health and Safety Rating System.
When a council issues a demolition order, the property owner is legally required to knock the building down. If they don’t comply, the council can step in, demolish it themselves, and then recover all the costs from the owner – which can get very expensive!
Councils typically use demolition orders when:
– A property has serious structural issues that simply can’t be fixed
– Remedial works would be impractical or too expensive
– The building poses an immediate danger to occupants or neighbours
Interestingly, if the building is listed or subject to a preservation order, the council can’t issue a demolition order and must use a closing order instead (which prohibits occupation but doesn’t require demolition).
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Clearance Areas
A clearance area takes things to another level entirely. This is when a council designates an entire area for demolition – not just a single property. Think of it as a more wholesale approach to dealing with clusters of dangerous buildings.
A council can declare a clearance area if:
– Each residential building in the area contains at least one Category 1 hazard
– The non-residential buildings in the area are dangerous or harmful to health
– OR if the residential buildings are dangerous due to their poor arrangement or the narrowness of streets
Once an area is declared for clearance, the council must purchase all the land (using compulsory purchase if necessary) and then ensure all buildings are demolished. They can even purchase surrounding land if needed for the “satisfactory development” of the cleared area.
Before taking such drastic action, councils must ensure adequate alternative accommodation is available for anyone who’ll be displaced. They have a legal duty to rehouse people displaced by both demolition orders and clearance areas if no other suitable accommodation is available.
Both these measures represent the most extreme end of enforcement action, used only when other interventions like improvement notices wouldn’t be sufficient to address the serious hazards present.
Can you live in a house with a prohibition order?
Can you legally live in a house with a prohibition order? In a word – no. And I’ve seen this catch many property owners and tenants by surprise.
When a council slaps a prohibition order on a property, they’re basically saying “this place is too dangerous for anyone to live in.” Once the order becomes active, it’s actually an offence for anyone to continue living there. Both landlords and tenants can end up in hot water – the landlord for allowing people to stay there, and the tenants for not moving out.
With standard prohibition orders, you typically get a 28-day grace period after the order is issued before it kicks in. This gives you some breathing room to sort out alternative accommodation. But with emergency prohibition orders (which are used in really serious cases), you’ve got to get out immediately – we’re talking same-day evacuation in most cases.
Something that confuses many people is that a prohibition order doesn’t actually end your tenancy agreement. Bizarrely, the tenancy still exists on paper, but the prohibition order trumps it. Your landlord is legally required to start eviction proceedings once the order is in place.
If you’re a tenant affected by a prohibition order, the council that issued it should help you find somewhere else to live if you don’t have other options. This is separate from their normal homelessness duties. You might even be entitled to compensation of around ÂŁ6,100 for being forced to move – something many tenants don’t realise.
These orders are typically issued when a property has really serious hazards – things like dangerous structural issues, severe damp and mold, or serious fire risks. The order will spell out exactly what’s wrong with the property and what would need to be fixed before anyone could move back in.
Some prohibition orders are more specific – they might just ban certain groups (like families with young children) from living there, or they might limit the number of people who can live in the property rather than banning all occupation. It all depends on the nature of the hazards.
At Property Saviour, we’ve helped many landlords who’ve found themselves on the receiving end of prohibition orders. It’s often cheaper and less stressful to sell the property than to try to fix all the issues, especially if major structural work is needed.
What happens if you ignore a prohibition order?
Ignoring a prohibition order is really not something we’d recommend – the consequences can be absolutely brutal, and we’ve seen it go badly wrong for landlords and property owners time and again.
First off, you’re looking at some serious legal trouble. Both landlords and tenants can be prosecuted for breaching a prohibition order, but landlords typically face the harshest penalties. The courts can hit you with unlimited fines these days – we’ve seen cases where landlords were fined ÂŁ20,000 or more for allowing people to stay in prohibited properties. And if someone gets hurt because of the hazards that led to the prohibition order? You could potentially face criminal charges for that too.
Your insurance becomes effectively worthless the moment you breach a prohibition order. If there’s a fire, flood, or any other incident, your insurer will almost certainly refuse to pay out once they discover you were letting people live in a property against a legal prohibition. We’ve seen landlords lose everything this way.
The council won’t just forget about it either. They have the power to periodically inspect the property to check compliance, and if they find people living there, they can take direct action. This might mean forcing entry to remove occupants or even getting a court order to cut off utilities like water and electricity. Needless to say, this can get very messy and public.
For landlords, there’s also the matter of your wider reputation and business. The council can add you to the national database of rogue landlords, which seriously hampers your ability to operate in the future. You might be refused property licenses in other areas or face enhanced scrutiny across your entire portfolio.
Most worryingly of all, you’re potentially putting people’s lives at risk. Prohibition orders aren’t issued on a whim – they mean the property has serious hazards that could harm someone. We’ve dealt with cases where ceilings have collapsed or electrical fires have broken out in properties that should have been empty under prohibition orders. The guilt of something like that happening isn’t worth it, believe us.
If the order is being ignored for a long time, the council might escalate to more drastic enforcement options. They could issue a compulsory purchase order to take the property from you, or even issue a demolition order in extreme cases.
At Property Saviour, we’ve helped many landlords who’ve found themselves in this difficult position. Often, the most sensible solution is to sell the property and move on, especially if the repairs needed would cost more than the property is worth. Whatever you do, though, don’t just stick your head in the sand and hope it all goes away – we promise you, it won’t!
Can a Prohibition Notice Be Withdrawn? Understanding Your Options
Yes, a prohibition notice can be withdrawn or revoked, but only under specific circumstances. The local authority must revoke the order if they’re satisfied that the hazards which led to the order no longer exist.
For this to happen, you typically need to:
Complete all remedial works specified in the prohibition order
Address the underlying causes of the hazards, not just their symptoms
Have the property re-inspected by the environmental health team
Provide evidence that all work has been completed to the required standard
Partial revocation is possible when multiple hazards were identified but only some have been resolved. This requires agreement from all parties served with the original order.
It’s important to understand that simply disagreeing with the prohibition order isn’t grounds for withdrawal. If you believe the order was issued incorrectly, you must appeal to the Residential Property Tribunal within 28 days of the order being made.
How Long Does a HSE Prohibition Notice Last?
A prohibition order remains in force until it is formally revoked by the local authority that issued it. Unlike some other enforcement notices, prohibition orders don’t have a fixed expiration dateâthey continue indefinitely until the hazards that prompted the order have been adequately addressed.
The process for getting a prohibition order lifted typically involves:
Completing all required remedial works specified in the order
Arranging for the local authority to inspect the completed works
Requesting formal revocation of the order if the authority is satisfied
Receiving written confirmation that the order has been lifted
It’s worth noting that partial revocation is possible in some cases where multiple hazards were identified but only some have been resolved. However, this requires agreement from all parties served with the original order.
At Property Saviour, we’ve helped many property owners who have been struggling with prohibition orders for months or even years. If you’re in this situation, contact us to discuss how we can help you move forward.
How Property Saviour Can Help You Sell Despite a Prohibition Order?
Facing a prohibition order doesn’t mean you’re stuck with an unsellable property. While these enforcement notices certainly complicate the sales process, you do have optionsâwhether that’s addressing the issues before selling, marketing to specialist buyers, or selling directly to a company like Property Saviour.
The key is making an informed decision based on your specific circumstances, including:
The extent and nature of the hazards identified
The estimated cost and timeframe for remediation
Your financial situation and ability to fund repairs
Your timeline for selling the property
Your tolerance for uncertainty
If you’re struggling with a prohibition order and need to sell your property, contact Property Saviour today for a no-obligation discussion about how we can help you move forward. Our team understands the complexities of these situations and can offer practical solutions when you need them most.
Don’t let a prohibition order keep you trapped in a property you need to sell. Reach out today to explore your options and take the first step toward resolving this challenging situation.
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