Housing advice for landlords in the Hambleton area

Landlord details must be supplied by the tenant. Legally, we have to notify the landlord 24 hours before inspecting the property. We will inspect the property within five working days of the complaint. An officer will look at all usable rooms along with loft space, outdoor areas and buildings that the tenant has access to. The tenant can accompany the officer who will take photographs of the defects.

The information obtained will be used to carry out a risk-based assessment to rate hazards. They are rated from A to J, with A the highest risk to health. We have a duty to take enforcement action for hazards rated A, B or C. The enforcement policy also allows action to be taken on hazards rated D. 

We will write to the tenant and the landlord detailing the inspection findings and works needed. The initial approach will be informal, but if the landlord fails to address the hazards the officer must take action. An improvement notice can be served under the Housing Act 2004 - which legally requires the necessary repairs are carried out within a specified timescale.

Failure to comply is a criminal offence punishable on conviction in the magistrates’ court by a fine of up to £5,000. Where there is an imminent risk of serious harm and work needs to be carried out urgently - such as no heating or hot water - and the landlord will not carry out the work or cannot be contacted, an emergency remedial action notice can be served. 

This allows us to employ a contractor to carry out the works and recover the cost from the landlord. We will aim to respond to these complaints within 24 hours. 

Shared houses or bedsits are likely to be houses in multiple occupation and additional duties apply - including a higher standard of fire safety provision. Houses in multiple occupation that have five or more people and consist of three or more storeys require a licence from us and have to comply with specific conditions to protect tenants’ health and wellbeing.

Tenants have the right to have their accommodation kept in a reasonable state of repair. But they also have an obligation to look after the accommodation. The tenancy agreement may give details of the responsibilities of both the landlord and the tenant in carrying out repairs. 

A landlord must provide accommodation which gives a safe and healthy environment for tenants - standards can vary between different types and ages of property. 

The Housing Act 2004 housing health and safety rating system identifies 29 hazards found in poor housing. A property can be assessed against these hazards. Common hazards include: 

• inadequate heating, ventilation or thermal insulation 
• unsafe or unreliable gas and electrical supply 
• excessive dampness, water leaks 
• disrepair to stairs or lack of guarding or lighting
• lack of kitchen, bathroom or drainage facilities
• lack of fire safety 
• structural collapse 
• overcrowding 

Where hazards posing a significant risk to health or causing a nuisance to others are identified, the landlord can be required to carry out appropriate repairs and improvements to rectify the problem. Unfortunately, appearance or decorative issues cannot be taken into consideration.
 
Tenants who feel they are living in unsatisfactory conditions should first raise the issue with the landlord making a note of the date this was done and listing all the issues raised. Ideally this should be done in writing. A template letter for this is available from us to help you. 

The landlord must be given a reasonable amount of time to investigate and undertake any repair work - this can sometimes involve third parties such as builders or electricians so may take time. Tenants do not have the right to withhold rent to force the landlord to do repairs. Withholding rent could mean the landlord takes legal action for rent arrears, and tenants could lose their home. 

Where the landlord will not take any action, tenants can make a formal complaint to our environmental health service - an officer will inspect the property and liaise with the landlord on the tenant’s behalf. Inspections are carried out under the provisions of the Housing Act 2004.

While it is rare, the landlord may decide to end the housing tenancy if they do not support the approach to complain to us. If the landlord wants to continue renting the property, he will still have to undertake repairs even with a change of tenant. 

Tenants unsure about housing security should contact our housing options team, who can provide free independent advice on housing, eviction, debt and benefit matters to the residents of the Hambleton area.

Council intervention does not give additional points towards housing association or council property waiting lists. 

Before accepting a complaint, we would want to see that the tenant has tried to contact the landlord to resolve the complaint.