Another council forgets its duties under the Housing Act 2004
Elmbridge Borough Council have really dropped the ball on a significantly public case of Housing Association negligence, and yet it still seems that they aren’t holding their hands up to it.
Following an article published 28 April 2021 from Generation Rent, in which "three-quarters of tenants in unsafe homes go unprotected", it was fitting that a Surrey Live article published this week had a disturbing and extremely concerning headline:
"Disgusting state of NHS worker's mouldy flat she had to return to after 12-hour shifts."
The tenant lived for "more than two years with fungi spores and black mould which now covers almost every surface of her home". The pictures in the article from Surrey Live are shocking, and one can only begin to imagine the effect on the tenant's physical and mental health throughout this period.
Not only does the property appear to be uninhabitable, but the health conditions reported by the tenant are understandably shocking!
The property is rented through a Housing Association, PA Housing, who are “registered providers of social housing offering more than 23,000 homes across the Midlands, London and the South-East" and are, apparently, "passionate about providing affordable homes and great services". Not so much in this case, it would seem.
PA Housing has not only apologised but quite rightly put the tenant in a hotel for 2 weeks whilst the works are being carried out.
What about the Council, then?
The tenant had also contacted Elmbridge Borough Council to seek advice and assistance, but one has to wonder: where was/is Elmbridge Borough Council in all this? In short, it appears they were perhaps nowhere to be seen. The tenant suffered for 2 years from atrocious housing conditions, and the Council potentially failed in its duty under the Housing Act 2004, in which appropriate enforcement action must be taken.
So that it is clear. The word "must" is pretty commonly understood, but for the sake of absolute clarity, it is defined under the Oxford dictionary as "be obliged to; should (expressing necessity)".
The Act makes it very clear:
“ If a local housing authority consider that a category 1 hazard exists on any residential premises, they must take the appropriate enforcement action in relation to the hazard.”
The photos shown on Surrey Live would easily be deemed a Category 1 hazard as identified under the Housing Health and Safety Rating System (the HHSRS relates specifically to Housing and Health), and the Council must carry out appropriate enforcement action.
Elmbridge Borough Council must have served an enforcement notice to PA Housing to remove or reduce the risk.
An enforcement notice could come in the form of an Improvement Notice or Emergency Remedial action — whichever the officer deems to be the appropriate action — this appears to have not happened!
PA Housing now appears to have taken responsibility for its failings.
Elmbridge Borough Council potentially failed to:
Protect its resident and;
Failed to adhere to the law.
No comment from Elmbridge Borough Council has been made at this time.
Council's should use the powers they have to protect tenants, help drive out actual criminal landlords, and improve the private rented sector standards.
Councils should be taking and using a great quote from Superintendent Ted Hastings in Line of Duty:
“We do our duty to the letter of the law. The letter!”
