Sunday 28 December 2008

How to maintain your rented property and the role of Environmental Health


Most landlords want to manage their property well. It is in their
financial interest for them to keep it maintained and safe but
when landlords don’t respond, an environmental health officer
may be able to help.

When to contact environmental health

If there is disrepair in your property or something stops
working then first contact your landlord or agent and tell them
what is wrong. If you get no response then write to them and
keep a copy of the letter that tells them the problem and ask
them to write to tell you how they are going to fix the problem
and how long it will take. You should allow a reasonable
amount of time for the landlord to carry out the repairs. The
timescale obviously depends on the urgency of the work and
the amount of remedial works required.

What the inspector will do when he visits the property

Once at the property, the inspector will listen to your concerns
and then inspect the property both internally and externally. In
general, the inspector will identify anything that could be
described as defective.
For instance, the inspector will check that your hot water and
heating systems are working properly, that there is nothing
causing dampness in the house and that the stairs are in a
good state of repair.

What the inspector can’t help with

The law says that the inspector cannot help with problems
that you can fix yourself. Examples include dampness caused
by drying clothes on radiators in the house or a trip hazard on
the stairs caused by items being stored on the landing.
It is not his role to recommend re-housing or arrange for
points to be awarded if you are on the Council or Housing
Association waiting list. Our aim is to improve your housing to
make it reasonably healthy and safe for your use.
It is also not our role to assist with any compensation claims
you may be pursuing. For this you would need to take advice
from a solicitor or Citizens Advice Bureau.

What happens next

The law says that the inspector has to decide if any of the
problems are a hazard to you, your family or visitors in order
to reduce risk to an acceptable level.
The inspector then makes a calculation set out by law and
decides if there is a serious risk to health, safety or welfare. If
there is, then the inspector will contact the landlord to ask for
things to be repaired or replaced. If the risk is minor, then although something may be broken, all the inspector can do is advise the landlord that it would be a good idea to do repairs.

What can be done If the hazard isn’t serious

If the inspector is unable to take enforcement action under the
Housing Act 2004, he will look to see if any other legislation
can be used. The landlord has certain duties to maintain the
house and the inspector can give you advice on your rights in
these cases This may involve you taking private action and
getting advice from the Housing Advice Centres, Citizens
Advice Bureau or a solicitor.

How to deal with difficult landlords

If the landlord or agent fails to do repairs then you must keep
paying the rent. If you stop paying, the landlord is likely to
evict you. This might make it difficult for you to get another
home and it may also cause problems with future borrowing
and credit.
If the landlord or his workmen let themselves into your house
without your permission or knowledge then contact the
Council’s Legal Department or a private solicitor. However,
remember that refusing access will only slow down the
completion of repairs and may be a breach of your tenancy
agreement.
If the landlord wants you to leave, a strict legal process has to
be followed. It is a criminal offence for a landlord to harass
you or force you out of the house without following this
process. Further advice on this issue can be obtained from
the Housing Advice Centres detailed below.


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