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Landlords · Originally published · Updated · 2 min read

The Oakery case: why a prohibition order demands more than a repair plan

Shropshire’s 2023 prosecution resulted in £32,007.83 in fines, costs and surcharge. The historical case highlights the importance of restrictions on occupation as well as fixing hazards.

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A housing enforcement case at the Oakery near Ludlow illustrates an important distinction for landlords: arranging repairs does not, by itself, answer a restriction on how a property may be occupied. The actual order and its requirements need prompt attention.

What the 2023 report established

Shropshire Council reported that Telford Magistrates' Court found seven breaches of prohibition orders on 18 September 2023. The financial total was £32,007.83, made up of seven £3,500 fines, a £2,000 surcharge and £5,507.83 in costs. Describing that entire sum as the fine alone misses the breakdown.

The council's account identified hazards involving heating, sanitation, drinking water, carbon monoxide and fire safety. It said the court also ordered a £20 daily penalty for each continuing breach. These are historical findings, not a statement about the site's condition or occupation today.

[Read the council's original case report](https://newsroom.shropshire.gov.uk/2023/09/landlord-fined-32000-allowing-tenants-live-unsafe-properties/).

Understand the document you receive

Government guidance distinguishes an improvement notice, requiring specified works, from a prohibition order, which restricts the use of some or all of a home. Restrictions can also concern occupant numbers or particular groups vulnerable to a hazard. Emergency orders address immediate serious risks and operate differently.

[Read the government's explanation of housing hazard enforcement](https://www.gov.uk/government/publications/housing-health-and-safety-rating-system-hhsrs-tenant-guide/tenant-guide-to-the-housing-health-and-safety-rating-system-hhsrs).

Build a response around the order

A practical first step is to assemble the order, inspection correspondence and property records in one file. Identify the premises covered, the restrictions, relevant dates and the council contact. Ask a suitably qualified adviser to explain anything unclear before making assumptions about continued use.

Keep the repair programme separate from the occupation arrangements. A contractor's appointment, invoice or photograph may help document work, but it should not be treated as permission to disregard an order. Confirm the position with the authority and obtain advice about tenants' rights and any necessary housing arrangements.

For agents managing several homes, assign a named person to each action and record completion evidence. This case is a reminder to manage the whole enforcement response, rather than filing the notice after booking a tradesperson.

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