Section: Housing Management

New Regulations

The Housing Act 2004 (Commencement No. 2) (Wales) Order 2005 SI 3237 (W.242) (C.138)

This Order brings into force various provisions of the Housing Act 2004 ("the 2004 Act") in relation to Wales, including:

Section 4, which allows a local housing authority to inspect residential premises in their district with a view to determining whether any category 1 or 2 hazard exists on those premises.
Section 55, which set out the scope of the licensing provisions for houses in multiple occupation under Part 2 of the 2004 Act.
Section 179, which amends the Housing Act 1996 by inserting new sections 125A and 125B, which allow an introductory tenancy to be extended by up to six months.
Section 192, which amends the Housing Act 1985 by inserting a new section 121A, which enables landlords of secure tenants to seek an order from the court suspending the Right to Buy for a specified period on the grounds of anti-social behaviour.

Failure to Monitor a TMO

Local Government Ombudsman Patricia Thomas issued a report on her investigation of a complaint, about housing management, against Birmingham CC.

The West Park Tenant Management Co-operative (the TMC) [not its real name] acts on behalf of the Council to carry out housing management functions on the West Park estate. Its responsibilities include housing allocations and rent collection, covering about 1,700 properties.

The 'West Park Tenants and Residents Partnership' (the TRP) [also not its real name] complained on behalf of its members about mismanagement by the TMC and of the Council's failure to monitor the TMC activities effectively. The TRP was concerned, amongst other things, that proper contracting procedures were not being followed and that staffing levels within the TMC were too high.

The investigation showed that the Council had not properly monitored the TMC activities and that that failure, together with mismanagement by the TMC itself, had placed a considerable strain on the TMC's finances. Somewhat late in the day, the Council had reviewed the situation and had taken corrective action. It decided that it could not rule out fraud by the TMC, but nor could it be certain that it had occurred. The Ombudsman decided that she could not question the merits of that particular decision.

The Ombudsman's report notes that over the past 12 months it appears that considerable efforts have been made by the TMC and the Council to strengthen the TMC's management arrangements.

The Ombudsman finds maladministration causing injustice and recommends that:

In future, the Council should maximise all opportunities for monitoring the TMC's activities.
There should be a joint meeting, in the near future, between representatives of the TMC, the TRP, and the Council to consider this report and agree on a way forward for future liaison.

The Ombudsman did not recommend any financial remedy.

LG Ombudsman Report No 04/C/00570

Multiple Faults in Handling Housing Issues

Local Government Ombudsman Jerry White issued a report on his investigation of a complaint about housing allocations, Housing Benefit, and homelessness against Northampton BC.

In his report, the Ombudsman concludes that the Northampton Council misdirected itself with regard to the status of a Housing Benefit claim from Mr. M, which led to Mr. M being evicted from his council tenancy. The report also finds that the Council failed to update Mr. M's rent arrears account, as a result of which his application for housing was incorrectly suspended for six months. Furthermore, the arrears were referred to bailiffs, who sent Mr. M letters threatening recovery action.

Northampton Council also failed to inform Mr. M that his personal possessions, which had been stored by the Council, had been destroyed in a storm, causing a delay in the submission of an insurance claim. Consequently, Mr. M commenced his new tenancy without furniture or personal possessions.

The Council failed to assess Mr. M's daughter's request for backdating of her Housing Benefit claim, as a result of which she was pursued for a substantial amount of money, which she did not owe. The Council also sent his daughter incorrect information regarding her eligibility for housing, leading to confusion and mistrust.

The Ombudsman's report finds maladministration causing injustice and the Council has agreed to:

Pay Mr. M £3,500 in recognition of the eviction, for pursuing him for a debt after it had been written off, and for failing to inform him of the destruction of his personal possessions.
Pay Miss M £1,500 in recognition of the disruption she suffered following the eviction of her father, and write off her rent arrears.
Pay their representative £250 in recognition of his efforts to assist Mr. M and his daughter.

LG Ombudsman Report Nos. 04/B/10719 & 12532

Failure to Repair Dampness

Local Government Ombudsman Jerry White issued a report on the investigation of a complaint, about council housing repairs, against Lambeth LBC.

Miss H, who is a council tenant, alleged Lambeth Council did not investigate or repair dampness affecting her bathroom, which she first reported in 1999. The leak appeared to come from the leasehold flat above. Miss H contacted the Council about this on a number of occasions, but the Council failed to effectively resolve the problem.

The Ombudsman's report found that Miss H suffered inconvenience and uncertainty from the Council's delay in carrying out the repairs. It concluded that the Council failed to exercise its rights as landlord to identify the source of the problem and ensure that it was put right.

The report finds maladministration causing injustice and the Council has agreed with the Ombudsman's recommendations to:

Compensate Miss H by paying her £1,000.
Establish and repair the cause of the dampness and water leak.
Let Miss H know when repairs to her bathroom will be carried out, and decorate the bathroom within a suitable interval following them.

The Ombudsman considers this will provide a satisfactory remedy for the injustice.

LG Ombudsman Report No. 04/B/17994

In Brief

The High Court rejected a tenant's attempt to force his landlord, London & Quadrant HT, to soundproof his home. The tenant claimed that the soundproofing in his flat was so poor that he could hear his neighbours daily activities. He argued that this had caused his health to suffer.

The tenant was seeking a Judicial Review to make Lambeth Council serve a Noise Abatement Notice to force his landlord to carry out insulation work at the premises. The Court dismissed the application and held that poor soundproofing did not make the property prejudicial to health.
A Public Services Ombudsman for Wales report into a complaint concerning broken window glass gives guidance on a grey area in the law.

A tenant of Gwynedd Council suffered vandalism, which included broken window glass. The tenant reported the repair need, but the Council maintained that the tenant was responsible for the broken glass. The Council referred to a 1992 court case, which excluded window glass from a list of matters a landlord had a duty to repair.

The Ombudsman pointed out the legal obligation under s11 Landlord & Tenant Act 1985 to carry out certain repairs, including windows.

The report also expresses the view that the Court case upon which the Council had relied had been read out of context.

Report No. 2004/0312/CN/344
The Court of Appeal overturned a previous ruling that Riverside HA was entitled to possession of a tenant's home because of arrears of £900. Judges ruled that rent increases imposed in 2001 were invalid, which wiped out most of the arrears that had led to the possession action.

The Association had changed the date that its rent increases would come into effect each year from June to April. However, the wording in 5,000 tenants' contracts does not allow for such a change. The Judge, therefore, ruled the increases to be unlawful. The Association hopes to appeal.

Section: Housing Management

New Regulations

Failure to Monitor a TMO

Multiple Faults in Handling Housing Issues

Failure to Repair Dampness

In Brief

Housing Monthly Diary

Issue: January 2006 Reporting on Sept.-Dec. 2005

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