Agenda item

Following the death of a two year old boy in Rochdale in Dec 2020 which was found in 2022 to be due to extensive mould in his home, the Secretary of State for Levelling Up, Housing and Communities requested information from all local authorities pertaining to damp and mould in rented housing accommodation. Members will have an opportunity to review Buckinghamshire's response.

Contributors:

Cllr Mark Winn, Cabinet Member for Homelessness and Regulatory Services

Lisa Michelson, Service Director, Economic Growth and Regeneration

Jacqui Bromilow, Head of Environmental Health & Trading Standards

The Chairman welcomed Councillor Mark Winn, Cabinet Member for Homelessness and Regulatory Services, Lisa Michelson, Service Director, Economic Growth and Regeneration and Jacqui Bromilow, Head of Environmental Health & Trading Standards to the committee meeting.

Cllr Robin Stuchbury submitted a question for the Cabinet Member and Officers to consider.

Properties with Damp and Mould are being rented within the local authority, am I correct there is a statutory duty to repair the structure and keep the external part of a dwelling in good repair & proper working order?

Under Section 11 of the landlord tenant act 1985, obligations on the landlord requires a time limit for section 11 repairs. Many of these obligations were set out in October 24, 1961 in respect to keeping a property in good order.

The HHSRS (Housing health and safety rating system) definition of hazard comes under housing in the health and safety rating system, of which damp and mould in a property are both within the housing unit and within the rating systems.

I seek assurance that the local authority has the resources to, where necessary, seek & enforce removal of damp within properties, noting how harmful this is to growing young people and vulnerable adults within Buckinghamshire.

If the authority does not have the powers to enforce, especially within social housing & private rented housing robustly. Who’s best placed to protect and defend all Buckinghamshire constituents within property which is rented within Buckinghamshire,

both in private and public rent sectors? Noting the aspirations within the report before your committee today, please could I have clarity around these questions I ask as a Buckinghamshire councillor regarding damp within socially rented properties.

Information quoted within the question, I've provided the evidence to legislation attached,

https://commonslibrary.parliament.uk/helping-tenants-with-damp-and-mouldy-housing-england/

https://www.gov.uk/government/news/regulator-of-social-housing-writes-to-social-housing-landlords-on-the-issue-of-damp-and-mould

Response from Councillor Mark Winn, Cabinet Member for Homelessness and Regulatory Services

Following the tragic case in Rochdale, Buckinghamshire Council has seen a large increase in requests for service relating to issues of Damp and Mould compared to previous comparable winter periods. This increase has also been seen nationally within other councils.  Whilst the increase in demand in this area of work has put the Environmental Health service under pressure, it has managed to respond to all requests for service regarding damp and mould.  As stated in the report the council will be reviewing our future needs in line with the heightened awareness that residents have around housing standards and their rights along with the demands of future legislation which are being proposed.  The council is a key enforcement agent with respect to housing standards and has responded as required to cases it has been made aware of.  There are some legislative proposals to extend the powers of the Housing Ombudsman and the Social Housing Regulator and we await more information regarding how our enforcement duties will work alongside these organisations.

The Council has a statutory duty under the Housing Act 2004 to investigate complaints of disrepair within properties, and to take enforcement action in line with the Council’s Enforcement Policy where there is a significant hazard affecting the occupiers (if any). An inspection would be undertaken by an officer competent in the HHSRS (Housing Health and Safety Rating System) which lists 29 hazards that should be assessed, of which Damp and Mould is just one.

Once an inspection is complete the officer will determine the most appropriate course of action for that property.  There are a range of options available.  One option is the service of an Improvement Notice.  If this is not complied with the council has a power (not a duty) to undertake the necessary works and make arrangements to recover the costs incurred.  All action must be appropriate and proportionate, and the Council will work with all landlords and owners to ensure they are aware of their duties in terms of keeping property in good repair. Failure to comply with Statutory Notices is an offence, and further legal action may be taken if appropriate to do so and the legal evidential threshold is met.  In some cases, no formal enforcement action is required.

It must be remembered the contract is between the landlord and tenant and the role of the council is an escalation route for tenants to get matters resolved where the landlord has failed to do so.  The council should not be managing properties on behalf of the owners.  The Landlord and Tenant Act 1985 and the Homes (Fitness for Habitation) Act 2018, give further recourse to tenants under the civil law to take their own action in court to require landlords to undertake repairs and to maintain the condition of the property. 

The link between poor housing conditions and ill health has long been documented.  It is recognised that the work to improve housing conditions is vital to prevent poor physical and mental health across all age groups and vulnerabilities. The Council continues to work with partners across Primary care and Social care to identify the most vulnerable cases, and is seeking through the Opportunity Bucks strategy to strengthen and expand this preventative work and to address Health inequalities in this area.

Cllr Mark Winn, Lisa Michelson and Jacqui Bromilow presented the report to the committee and took questions from Members.

The following points were highlighted from the report:

·         The process for Council intervention in a case of Damp and Mould was explained. Complaints should go to the Landlord in the first instance and where issues remain unresolved the Environmental Health team at Buckinghamshire Council gets involved. The primary way to contact the Environmental Health team about this issue was online via the website.

·         The roundtable meeting held by the Cabinet Member with Housing associations was successful. Best practice was shared, and the ongoing efforts by those present to address the issue was examined (e.g. visiting maintenance workers looking out damp and mould).

·         Ventilation was key in prevention. Tenants were advised to open windows where possible. It was noted that Tenants are not blamed for the presence of damp and mould in a property.

·         There had been a big increase in demand for the Environmental Health services following the news of the death of Awaab Ishak in Rochdale. These were being triaged based on priority.

·         When an inspection is undertaken, a Housing Health and Safety rating system (HHSRS) is used to judge the property. There were 29 listed factors, e.g. damp, mould, excess cold/heat. There were a range of enforcement options available, including an emergency prohibition notice, meaning the property cannot be lived in until matters are resolved. There was also the possibility of an improvement notice, outlining actions need. Where the Landlord has begun repairs, no enforcement action may be needed.

During discussion, comments and questions raised by the Committee included:

·         It was noted that if a tenant informs the team of issues with money, the Environmental Health team will direct them to the Helping Hands scheme or to debt advisors where appropriate.

·         The Registered Providers that attended the roundtable meeting engaged well, and the missing Registered Provider had been contacted. It was suggested that Registered Providers are invited to a future meeting for the committee to discuss the importance of successful partnership working with the council.

·         Cllr Thomas Hogg mentioned a specific case where a tenant was having difficulty with their registered provider and not getting a resolution to their matter which included broken windows. Following the meeting, the Cabinet Member reported that ‘we checked on resolution of this case and can confirm that a compliance notice was put in place on the property. So although action was taken, this fact was relayed to the local MP, but was in error not copied to the Cllr. So hopefully there is an assurance the matter was responded to quickly and appropriate enforcement action was taken’.

·         A Member noted the work being done by the Environmental Health team on the triage system and identifying where more help was needed. It was suggested that the Cabinet Member and team return to the Select Committee before winter to update the committee. The Cabinet Member confirmed they would return to the Select Committee in the Autumn.

·         It was clarified that when Tenants are advised to open windows, this would only need to be for a short amount of time to allow moisture in the air to clear. Trickle vents on windows and opening windows a few times a day should be adequate (dependent on the housing situation) to prevent/manage mould. Advice was available on the Buckinghamshire Council website.

·         If someone wished to report an issue with damp & mould, they should make contact with the Environmental Health service.