Housing
Housing, like immigration, makes up a large share of our “post-bag” in East Ham. Newham is one of the most overcrowded boroughs in London. Typical enquiries relate to evictions; homelessness; disrepair; and housing allocations.
Disrepair
Implied into most tenancy agreements are terms that the landlord will:
Keep the structure and exterior of the property in repair
Keep in repair and working order the installations for supply or water, gas, electricity and sanitation
Keep in repair and working order the installations for heating and hot water
A landlord is only in breach of their repairing obligation if they had notice of the disrepair but have failed to carry out works within a reasonable period of time. Tenants should be encouraged to put their complaint in writing to the landlord as this may stop the landlord from being able to evict them.
Complaints involving landlords and tenants
The Localism Act 2011 provided for a new approach to dealing with complaints by social tenants against their landlords. These provisions came into force on 1 April 2013. The aim is for councillors, tenant panels and MPs (aka “designated persons”) to play a more active role in resolving complaints at the local level.
Referral of a complaint to a designated person normally only takes place once the landlord’s complaints procedure is exhausted. Newham now requires that all landlords of all privately rented properties apply for a property licence. This includes all rented property not just certain high risk houses in multiple occupation.
“The council aims to use private rented property licensing to ensure that all privately rented properties are well managed. Many landlords do this already, however there are problems in many areas where a small minority of bad landlords neglect their management responsibilities. A number of well intentioned landlords are not aware of their responsibilities and in some cases absentee landlords may not be aware of problems their tenants are causing. Arrangements must be in place for dealing with general tenancy issues and anti-social behaviour at the property. Properties must also be suitable for the number of occupants and meet all the relevant health and safety regulations. The council will be working with and exchanging information with other enforcement and regulatory authorities in order to administer and enforce licensing.” [Newham Council website]
Aims of the landlord licensing scheme:
Anti-social behaviour is dealt with effectively;
Tenants’ health, safety and welfare are safeguarded;
Landlords are ‘fit and proper persons’ or employ agents who are;
Adequate property and tenancy management arrangements are in place;
Accommodation is suitable for the number of occupants; and
All landlords and managing agents operate at the same minimum level of professional standards.
Given DCLG guidance, and the fact landlords must effectively sign up to providing adequate accommodation, it is common for Stephen as a “designated person” to write directly to landlords if a constituent complains about the state of their property. A typical letter may state: “Newham Council has informed me that you are entered on their Property Licensing Register (Reference No: 12/34567/ABCDEF) and as such are required to meet a minimum set of standards relating the properties you let. The Homes and Community Agency have therefore encouraged me, as a Designated Person, to get in touch with you to ask that these problems be looked at. Are you aware of the problems described above?”
Hopefully the landlord will write back and say that he or she will address the problems. If they don’t, or reply in unfavorable terms, Stephen would then write to the Council informing them that he suspects – on the basis of the information from the constituent – that the landlord is breaking the terms of the licence. This could – ultimately – lead to prosecution.