Minutes:
Gail Hancock, Senior Private Sector Housing Management Officer was welcomed to the meeting to provide Members with an overview of how damp and mould issues were being addressed by the Council in private rented homes.
Members heard that issues of damp and mould in social and private rented housing had had been immensely publicised in the media throughout 2022.
Following this media coverage, the Council expected there to be an influx of complaints received. However, there had only been a small increase in the number of complaints received around damp and mould issues in private rented housing.
Members received assurances that all reports of damp and mould were fully investigated. The Team made appointments to visit a property to look at potential causes and also to check the fabric of a property, for example, damaged brickwork and mortar, poor fitting windows/doors, roof damage, poor ventilation or lack of central heating.
Members heard that government guidance states ‘in order to abate damp and mould issues, it was important to adequately ventilate and heat a property’. Due to the current cost-of-living crisis, tenants were worrying about heating and ventilating their properties.
Where the tenant was deemed to be contributing towards the presence of damp or mould, then advice would be provided. Where the responsibility lies with the Landlord, around the fabric of the property, the Council would issue a Housing Act Notice, and this prevented the landlord from issuing a (Section 8) or section 21 (accelerated) possession proceedings. Where a notice has been served on the landlord – failure to comply could lead to court action, if no action had been taken to address problems with the fabric of a property.
In the ensuing discussions it was noted that:
· Vulnerable people living in private rented housing may be scared to complain about their property due to possible reprisals. In response, it was noted that the Private Sector Housing Team and Area Council staff had reviewed all reports received from private rentals in the last 2 years where issues of damp and mould and the fabric of a property had been previously reported for reinspection.
· The Team were currently revisiting these properties and others where there was a likelihood that it may be an issue relating to damp and mould. The Team would issue a Section 239 Housing Act Notice to the Landlord giving them notice that a property would be inspected. An advisory letter would also be issued to the Landlord and contact made with the tenant to ascertain if work had been undertaken by the Landlord. Where appropriate enforcement action would also be undertaken either via civil penalties or Court action.
· Where there was evidence of a high risk and vulnerable tenant living in a cold, un-heated property. The council assess all properties using the HHSRS guidance (a risk-based assessment). When necessary, the Council will serve an emergency remedial action notice using the Housing Act or issue a Building Act Order where the boiler is not working to address the cold issues. The Building Act could be used for action to be taken in 9 days. Failing that the Council can / will intervene.
· Referrals are made to the Warm Homes Team for them to provide help and advice to tenants around keeping safe and warm in their homes.
· In relation to Housing Associations in the Barnsley area, it was noted that the Housing Associations set their budgets a year in advance where they look to see what improvements can be made to a property. Complaints were often received around electric heating installed in their properties. When necessary, the Council could serve a Notice on a Housing Association. All private rented properties including Housing Association properties are required to have an Energy Performance Certificate (EPC) prior to renting out a property.
· It was confirmed that 6 Area Council staff and a team of private enforcement staff were available to deal with complaints.
· Members expressed their thanks to Chris Platts, Private Sector Housing Management Officer for the valuable work he has done, and continues to do, in the community.
The Chair thanked Gail Hancock for attending today’s meeting and for answering Members questions.
RESOLVED that the update be noted.