Decision

URL: https://cumberland.moderngov.co.uk/ieDecisionDetails.aspx?ID=614

Decision Maker: Chief Legal Officer (Monitoring Officer)

Outcome:

Is Key Decision?: No

Is Callable In?: No

Purpose:

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   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. 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.  

Date of Decision: August 1, 2025