Cornwall Council successfully prosecuted Mr Albert Harold Trethewey (51) of Carlyon Road, St Austell on the 28 September 2012 at Bodmin Magistrates Court, for failing to carry out repairs on his long term empty property on Carlyon Road, St Austell.
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Mr Trethewey pleaded guilty to failing to comply with a Housing Act 2004 Improvement Notice requiring repairs to be carried out on the property and received a 12 month conditional discharge and was ordered to pay costs of £210.78.
Cornwall Council’s Empty Homes Team will intervene where properties are empty for more than 6 months as it works to bring them back into use. The Council offers a range of assistance, including an Empty Property Loan of up to £20,000, to encourage owners of long term empty property to bring them back into use and increase the supply of much needed housing.
Mr Trethewey’s property, 35 Carlyon Road, St Austell was brought to the attention of the local authority in 2006 as it had fallen into disrepair and had become an eyesore.
It was evident that the property had been empty for a considerable period of time and so the Empty Homes Team endeavoured to work with Mr Trethewey to return the property to use.
However, during the time when negotiations were underway, Mr Trethewey took the decision to allow the property to become occupied. This action raised concerns in the Council as the property contained a number of serious hazards. To protect the health, safety and well being of the occupier of the property, an improvement notice was served under Part 1 of the Housing Act 2004 requiring the removal of serious hazards, identified using the Housing Health and Safety Rating System (HHSRS) related to excessive cold, danger of falling on level surfaces, structural collapse and falling elements, electrical hazards, food safety, damp and mould, entry by intruders and lighting.
In May 2012 an inspection of the house carried out by the Council found that the majority of the works required had not been carried out and so the terms of the original notice had been breached.
Cornwall Council is committed to delivering the aims and objectives of the Empty Property Strategy 2010-13 by bringing as many long term empty properties back into use as possible.
The property at 35 Carlyon Road, St Austell is considered a high priority by the Empty Homes Team and officers will continue to work with Mr Trethewey to provide the support necessary to return this property back into use.
