Representations
How to make a 'representation' following a council decision or notice
During many of the property licensing and housing standards enforcement processes, (including the issuance of an HMO or Selective Licence) you will see a reference or section in the legal documentation or notice stating that you can make a “Representation”.
What is a representation?
This is a legal right for you to tell us, the Council, if you believe the decision we are making should be changed or amended in any way. If you feel this is the case you should put your “representation” in writing, which can be an email, with your reasons and any evidence (documents, etc) you want us to consider. It is important that if you are referring to any documents you should provide the Council with a copy, even if you think the Council already has this document.
How long do I have to make a representation?
All this should be done within the timescale or representation period stated on the legal documentation or notice. This timescale or representation period sets a deadline by which you are allowed to make a representation. Once passed the process will continue, any late representation does not have to be considered by the Council and your right to make a representation will stop.
What if I don’t make a representation?
If you agree with the decision or notice, you do not have to make a representation. However, if you fail to make a representation and if you disagree with the decision or notice, the next step for you will be to legally “appeal” the decision. To do this you will normally have to make your appeal to the HM. Courts and Tribunal Service’s Property Tribunal (First Tier). This Tribunal operates outside the control of the Council. Details on how to “appeal” will be clearly stated in any documentation or notice sent to you. It is recommended that you seek legal advice before appealing.
The “representation” stage acts as a buffer to prevent some legal decisions going to court, which can be costly to all parties. It is an opportunity for you to put across your views on the decision being made and bring to the attention of the Council information they may not have been aware of. Redbridge recommends that you make your representation as soon as possible.
