Section 11 of the Landlord and Tenant Act 1985 places an obligation on the council as landlord, to maintain the exterior and structure of the property. This includes installations for the provision of water, heating systems, drainage, sanitary appliances and gas and electricity. It ensures a rented property is kept in a good state of repair.
As set out in its leases or tenancy agreements, H&F commits to meeting its legal obligation to keep in repair the structure and exterior of the building, including roof tiles, gutters, drains and pipes.
Keeping in repair and proper working order the installations for water, gas and electricity includes basins, sinks, baths, toilets, water tanks and pipes, gas pipes, boilers, electrical wiring, radiators and any other installation for space heating and water heating.
The tenanted property should be compliant with the Decent Homes Standard where social housing must be in a reasonable state of repair and provide a reasonable degree of thermal comfort.
Works to bring homes up to the Decent Homes Standard generally forms part of the Capital Programme and compliance with the standard can be dependent on the resources available each year to the council.
Projected compliance with the Decent Homes Standard (and any forthcoming amendments to the Standard) will form part of the Ccuncil's Asset Management Strategy.
The council shall investigate and determine the cause of damp, mould and condensation and carry out remedial repairs and actions in accordance with the tenancy agreement.
Any surveys and inspection findings will be shared with the resident, and these will be explained with translation available when required. Where there are cases of recurring damp and mould, specialist survey reports will most likely be required, damp and mould will be monitored over a period and cases will remain open for as long as necessary until resolved.
The council will endeavour to carry out improvements, to deliver repairs and maintenance to homes within its budget, respond to resident needs and offer choice to tenants, aiming to create a warm, safe, healthy environment and striving to ensure that no one is at risk of harm from damp and mould, eradicating it where possible.
The Social Housing (Regulation) Act 2023 under the Homes Standard reinforces the responsibility of social landlords to deliver a cost-effective repairs service for homes and communal areas whilst maintaining financial prudence and value for money with an appropriate balance between planned and responsive repairs.
Where there are budget pressures, priorities will be assessed according to risk.
Where repairs fall within the scope of responsive repairs and the Right to Repair Scheme, or the Social Housing (Regulation) Act 2023 Clause 42 'Social Housing leases: remedying hazards,' these will be dealt with in accordance with the specified timescales which are published on the council's website: Housing repairs policy.
Residents will be advised of the estimated or actual timescale for next steps, inspection visits and completed works.
Where there are delays to works completion, this will be clearly communicated to tenants.
It is important that tenants are involved in the monitoring and re-reporting process if it reoccurs. Where symptoms persist after works, tenants should contact the Damp and Mould Team to report it. See Managing condensation and mould
In some complex cases, a process of elimination may be required and a period of monitoring will be necessary after completion of each element of works. For example, drying out may take longer than one month.
Supporting tenants
Where damp and mould are identified as a result of condensation, H&F aims to support residents to alleviate any contributory factors that might exacerbate the issue, for example, by improving poor ventilation or offering advice about how to manage and control moisture levels. Our damp and mould advice leaflet, produced with residents, has more details. The leaflet is linked from Managing condensation and mould
H&F also recognises that residents who struggle with fuel costs will find it more difficult to control moisture levels. More information about the financial support available to residents experiencing fuel poverty is available on the council's website here Help with gas, electricity and water
H&F recognises that not every resident will be able to resolve condensation and mould themselves. Appropriate support can be provided in relation to the specific circumstances of resident need.