First-tier Tribunal Varies Improvement Notice for Residential Property Repairs

OUTCOME: Dismissed

FIRST-TIER TRIBUNAL PROPERTY CHAMBER (RESIDENTIAL PROPERTY) Case Reference : MAN/00FC/HIN/2024/0601 Property : 102 [ADDRESS], [POSTCODE] Applicant : [redacted] : [RESPONDENT] and [RESPONDENT] Respondent : [redacted] : Appeal against an Improvement Notice- Housing Act 2004 Schedule 1, Paragraph 10(1) Tribunal Members : Tribunal Judge J. E. Oliver Tribunal Member [NAME] of Determination : 17th April 2025 Date of Decision : 18th April 2025

DECISION

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Decision

1. The Improvement Notice served upon the Company Director of the [NAME] dated 16th September 2024 and [NAME] dated 18th September 2024 respectively is varied as follows: (1) Personal Hygiene, Sanitation and Drainage : • in the kitchen arrange for the protective splashback to be refitted to ensure it remains in place; the remainder of the work specified in that category is deleted. • in the bathroom replace the sealant to the bath to ensure it is effective; the remainder of the work specified in this category is deleted (2) Electrical Hazards: • To source a qualified electrician to attach the socket at the top of the stairs back to the wall ensuring it is safe and in good working order.

2. The work is to be completed within 28 days of the receipt of this decision by the parties.

3. The remainder of the works under the categories of Damp and Mould, Excess Cold, Entry by Intruders, Domestic Hygiene, Pests and refuse are deleted.

4. The [NAME] is to pay the invoice from the Council in the sum of £460 within 28 days of the receipt of this decision by the parties.

Background

5. This is an appeal by [NAME] and [NAME] [NAME] (“the [NAME]”) in respect of an Improvement Notice served on 16th September 2024 (“the Notice”) for [ADDRESS], Grimsby (“the Property”) by North East Lincolnshire Council (“the Council”). 6. The Notice specified several Category 2 hazards as follows:

Damp and Mould There is no working extractor fan in the kitchen or bathroom to remove excess moisture levels.

Excess Cold To the front PVC door, the inside lower panel on the door is covered over with a piece of wood and appears to be insecure.

Domestic Hygiene, pests and refuse • Several kitchen doors and fronts are missing and some doors need adjustment, making keeping clean difficult. • In the hallway, there is evidence that the radiator is not safely secured to the wall. • In the rear children’s bedroom, on the left wall below the electrical socket the plaster has fallen off and the electric cable is exposed.

Personal Hygiene, sanitation and drainage

• In the kitchen, there is no protective splashback above the right worktops. • In the kitchen, behind the sink the tiles fall short of the worktop leaving an excessive gap and therefore there is no watertight seal between the tiles and the worktop to prevent water ingress. • In the bathroom there is inadequate seal around the bath.

7. The Improvement Notice required the necessary works to be completed by 13th November 2024.

8. The Respondent also served upon the Applicant a demand for payment of costs in the sum of £460.

9. On 3rd October 2024, the [NAME] filed an appeal against the Notice and the demand for costs.

10. On 27th January 2025 directions were issued providing for both parties to file their statements and documents in support and thereafter for the matter to be listed for a hearing.

11. The application was listed for an inspection and a hearing on 17th April 2025.

The Property/Inspection

12. The Tribunal attended the Property which is a 3 bedroomed terraced house but could not carry out an inspection. The tenant, [APPELLANT] [NAME] advised her child was asleep and didn’t want the Tribunal to cause any disturbance. The Tribunal therefore clarified with her what work had been completed in accordance with the Notice. She confirmed all the work had been completed. However, there were still issues with three items, The splashback in the kitchen was moving and so was ineffective. The bath sealant was defective and the electric socket at the top of the stairs was again detached from the wall. She also advised the toilet was leaking and [NAME] confirmed he would send a workman out the same day to carry out a repair.

The Law

13. The Housing Act 2004 provides the framework for the assessment of the condition of residential properties and the remedies that can be used to enforce standards in respect of them.

14. The Housing Health and Safety Rating System (HHSRS) provides a rating system for hazards. The score will determine which category the hazard falls; a score over 1000 will be a Category 1 hazard and those below 1000 will be a Category 2 hazard.

15. Section 7(2) of the Act provides that if a Category 2 hazard exists then a local authority must take the appropriate enforcement action which can be an improvement notice, prohibition order, a hazard awareness notice, emergency remedial action, demolition order or declaring the area in which the premises are situate, a clearance area. The Act further provides that if only one course of action is appropriate, that course must be taken, or if there are two or more courses available, then the local authority must take the one deemed to be most suitable.

16. Section 12 of the Act provides that if the local authority is satisfied that a Category 2 hazard exists and it serves an improvement notice that is a course of action open to a local authority.

17. Section 12(2) requires the person upon whom the improvement notice is served to take remedial action in respect of any of the hazards that are specified.

18. Schedule 1, paragraph 14 (1) of the Act provides that a person upon whom an improvement notice has been served may appeal to the First-tier Tribunal within 21 days beginning with the day upon which the improvement notice was served. The grounds for the appeal are set out in paragraphs 11 and 12 of the Act. Paragraph 13 provides an appeal may be made against the decision by a local authority to vary or revoke an improvement notice.

19. Schedule 1, paragraph 15 provides for the First-tier tribunal to deal with any appeal by way of re-hearing, thus allowing it to consider the property at the date of the hearing and consider matters of which the local authority may not have been aware at the date the notice was served. The Tribunal has the power to confirm, quash or vary the improvement notice.

Submissions/Hearing

20. In its written submissions to the Tribunal the Council set out the history of its dealings with the Property.

21. The tenant made a complaint to the [NAME] in November 2021 regarding damp issues and an insecure front door. The Council inspected the Property several days later and made a referral to Social Services due to the Property being very cluttered. In early December 2021 an Informal Notice was issued specifying the remedial work required and that it be completed within 28 days. Thereafter the Council took no further action, awaiting contact from either the tenant or Social Services.

22. On 3rd April 2023 the Council, in reviewing its open cases, sent a second Informal Notice to the [NAME] advising the Property was now in a better condition and the necessary damp work could be carried out. On 16th June 2023 the Council re-inspected the Property and found further hazards and notified them to the [NAME]. On 5th July 2023, following another inspection, it found none of the works had been completed.

23. In August 2023 the Council could not contact the tenant but found she had given birth to a premature baby. Subsequently, it was contacted by a Health Visitor to say there were concerns for the baby due to the damp in the Property and that the baby was on oxygen. On 19th March 2024 a HHSRS inspection was carried out revealing further hazards. At this point the issues with the Property had been ongoing for 2 years and 4 months since the original inspection. On 22nd March 2024 a further Informal Notice was issued requiring the remedial work to be completed within 2 months. The damp works were completed in May 2024 but the tenant confirmed none of the other work had been done.

24. On 18th September 2024 the Notice was issued after a further inspection on 28th August 2024 revealed the works remained outstanding. [NAME] advised two other issues had been identified, namely the boxing in of the boiler and pipework and the fixing of a CO2 detector but acknowledged

these were not included within the Notice and therefore not matters before the Tribunal. 25. [NAME] explained the works had not been completed due to the difficulty of gaining access to the Property. He submitted the failure by the Tribunal to inspect the Property evidenced this. The tenant had spent a significant time either in hospital before the birth of her baby in 2023 or after the birth. [NAME] advised the tenant had provided a key to allow the damp work to be done at this time. It was said the tenant had caused damage to the Property during her tenancy.

26. With regard to the issue of the invoice for £460, [NAME] from the Council confirmed this charge was a standard charge when issuing an Improvement Notice and was based upon an average taken of the time expended by the Council when issuing such notices. It represented the time from the issue of the Improvement Notice; no charge was made for the work prior to that point. 27. [NAME] stated the charge was unreasonable. The delay in the completion of the works was beyond his control but caused by the tenant not either being available for the workmen or not allowing them into the Property. The tenants of his properties will generally only allow access if the issue is urgent. He confirmed he has two regular workmen who look after his portfolio of properties, totalling approximately 60 in Grimsby. There are additional contractors for electrics. Determination

28. The Tribunal, when speaking with the tenant at the planned inspection, readily agreed that the majority of the works required by the Notice had been completed. However, some of the work was defective and required further work. This included the re-fixing of the splashback that had been installed in the kitchen, the replacement of the sealant on the bath and the repair to the electric socket at the top of the stairs. The Tribunal considered the agreement by the tenant of the completed work made it more likely than not, that the work complained of remained outstanding. [NAME] accepted he would send workmen round to rectify the outstanding matters and would deal with the leaking toilet as a matter of urgency, despite it not being an issue before the Tribunal.

29. The Tribunal determined the Notice should be varied to reflect the work that had been completed and that which remained outstanding. The latter should be completed within 28 days. It considered it would be prudent for the [NAME] to liase with the Council should it experience any difficulties in gaining access to the Property for the purpose of effecting the repairs.

30. The Tribunal considered the costs claimed of £460 and determined those are payable by the [NAME]. It noted the issues with the repairs at the Property have continued since 2021 and it is an unreasonable for those still to be outstanding in 2024. The Council acted reasonably in issuing the Notice. It was for the [NAME] to notify the Council of any difficulties in gaining access to the Property rather than having to be chased by the Council. Until the application before the Tribunal, there was no indication the tenant was being obstructive.

31. The sum of £460 is payable within 28 days of the receipt of this decision by the parties.