Emergency works notice

An emergency works notice, more precisely, a notice of emergency remedial action, is the formal notice a local housing authority must serve on a landlord under section 41 of the Housing Act 2004 after taking emergency remedial action on a rented property. Emergency remedial action is the power under section 40 of the same Act for the council to enter and carry out whatever works it considers immediately necessary to remove an imminent risk of serious harm to the health or safety of an occupier, without first waiting for the landlord to do those works themselves. The council can only exercise this power where it is satisfied that a Category 1 hazard exists under the Housing Health and Safety Rating System (HHSRS) and that the hazard poses an imminent, not merely potential, risk of serious harm. It cannot use this power for Category 2 hazards.

When emergency action is taken

Emergency remedial action sits at the most urgent end of the HHSRS enforcement menu. It is used where the council considers the hazard so serious and immediate that waiting for a standard improvement notice to take effect would expose the occupier to unacceptable risk. Common triggers include complete loss of heating or hot water in winter, structural danger, total failure of electrical supply, or serious fire risk. The council can, in these circumstances, enter the premises at any time, including without advance notice, and carry out whatever works it considers necessary to remove the imminent risk.

The works can begin before any notice is served. Under section 41 of the Housing Act 2004, the council must then serve the notice of emergency remedial action on the landlord within seven days of starting the works. The notice must set out: the nature of the Category 1 hazard that triggered the action; the address of the premises; the nature of the remedial action taken or to be taken; the date the action was or is to be started; and the right to appeal. If the council has not yet completed the works when the notice is served, it must also indicate when completion is expected.

The question of whether a landlord has acted with sufficient speed before the council intervenes often turns on what a reasonable repair timescale looks like for the type of hazard identified. Courts and local housing authorities do not expect instant responses in every case, but for hazards that pose an imminent risk, loss of heating, serious damp and mould, structural danger, the expected timescale is short. Understanding what "reasonable" means in practice, and how councils assess whether a landlord has genuinely attempted to resolve a hazard before taking formal action, is covered in the August guide to reasonable repair wait times.

An improvement notice gives the landlord time to carry out the works themselves. Emergency remedial action means the council has already started or completed them without waiting. Emergency remedial action is also distinct from an emergency prohibition order, which does not involve carrying out works but instead immediately bans occupation of the property or part of it.

Cost recovery

Once the emergency works are complete, the council can recover its reasonable costs from the landlord, including materials, contractor charges, and officer time at the council's published rate. This recovery is governed by sections 42 and Schedule 3 of the Housing Act 2004. The council cannot recover emergency expenses until the appeal period has expired without an appeal being made, or, if an appeal is made, until the appeal is finally determined. This means a landlord who appeals the notice suspends the council's right to recover costs until the tribunal has decided the case.

In our experience supporting landlords who have received emergency remedial action notices, the cost is often the first thing that prompts a formal response. The charge can range from a few hundred pounds for a straightforward repair to several thousand pounds for more extensive works, and councils also charge for officer time throughout the process. Whether to appeal, and on what grounds, is a decision that warrants specialist housing law advice.

How to appeal

A landlord on whom the notice has been served can appeal to the First-tier Tribunal (Property Chamber) against the council's decision to take emergency remedial action under section 45 of the Housing Act 2004. The appeal must be made within 28 days of the date specified in the notice as the date on which emergency remedial action was or was to be started. The Tribunal may confirm, vary, or quash the council's decision. A successful appeal can result in the cost recovery being set aside.

An appeal does not suspend the works themselves, emergency remedial action can proceed and be completed while an appeal is pending. It affects only the council's right to recover costs until the appeal is resolved.

Possession and the Renters' Rights Act 2025

From 1 May 2026, the Renters' Rights Act 2025 introduced a new mandatory ground for possession, Ground 6B of Schedule 2 to the Housing Act 1988, which applies where the court considers that it would be unlawful for the tenancy to continue because relevant enforcement action has been taken against the landlord. An emergency remedial action notice under section 41 is a relevant enforcement action for these purposes. This means a landlord who has received an emergency works notice may face a court-ordered possession claim brought on behalf of the tenant on Ground 6B, in addition to any cost recovery action by the council.

This is a material change in the post-Renters' Rights Act landscape. Under the old regime, council enforcement notices provided some protection against Section 21 no-fault possession, that provision is now redundant because Section 21 is abolished. The new dynamic is that serious enforcement action, including emergency remedial action, creates a route to mandatory possession that runs in favour of the tenant.

The best protection against emergency remedial action, and the possession consequences that can follow, is preventing the conditions that trigger it. August's compliance checklist and maintenance reminders help landlords stay ahead of hazards before they reach the threshold for council intervention. Landlords who want to understand their repair obligations and the timescales courts and councils expect should read the August guide to landlord and tenant repair obligations.

Emergency remedial action is the most urgent option in the HHSRS enforcement menu, for the more common scenario where the council requires the landlord to carry out works themselves within a set period, see the August definition of an improvement notice.

For landlords or tenants

Frequently asked questions

Can the council carry out emergency repairs without telling the landlord first?

Yes. Under section 40 of the Housing Act 2004, the council can enter and carry out emergency remedial action without advance notice to the landlord where there is an imminent risk of serious harm from a Category 1 HHSRS hazard. The landlord must then be served with the notice of emergency remedial action within seven days of the works starting.

Can the council charge the landlord for emergency works?

Yes. The council can recover its reasonable costs under sections 42 and Schedule 3 of the Housing Act 2004. Cost recovery cannot begin until the 28-day appeal period has expired without an appeal, or until any appeal is resolved.

How long does a landlord have to appeal an emergency works notice?

28 days from the date specified in the notice as the start date of the emergency remedial action, under section 45 of the Housing Act 2004. Appeals go to the First-tier Tribunal (Property Chamber).

What is the difference between emergency remedial action and an improvement notice?

An improvement notice requires the landlord to carry out specified works within a set period. Emergency remedial action means the council has already carried out the works itself and will seek to recover costs. Improvement notices are the more common enforcement route; emergency remedial action is reserved for cases of imminent risk of serious harm where delay would be unsafe.