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Complaints can be received by tenants who feel that their landlords are not carrying out their obligations under the Housing Act 2004 and the Landlord and Tenant Act 1985. However, there may be times where complaints are made by other individuals who have concerns about the condition of a property. These can include:-
• family
• friends
• official bodies
• internal and external agencies
• landlords
If the team receives complaints from any of the above, not including the landlord, then the tenant will be contacted to discuss the concerns which have been raised by these individuals.
Check whether you are responsible for the repairs.
These are usually written in your Tenancy Agreement and may include:-
• Re-glazing doors and windows (if broken by you)
• Broken or damaged doors (if done by you)
• Lock changes when keys are lost
• Blockages in WC or waste pipes
• Replacing fuses and electric plugs
• Replacing chains and plugs to baths, sink and wash hand basins
• Maintaining the garden and clearing rubbish
• Internal redecoration
• Replacing batteries to the smoke alarm and door bell
If the repairs are not your responsibility, make a list of them and tell your landlord or letting agent by telephone. Give them reasonable time to carry out the works.
If your landlord has not responded to your telephone call then put your request in writing. Make a list of all the repairs then send the letter to your agent/landlord, keep a copy for yourself.
If repairs are still not completed send a second letter as a reminder to your first.
Always keep a copy of letters/documents you send.
You must allow the landlord/agent reasonable access to see what repairs are needed and to carry out the work. The landlord should give you reasonable notice (usually no less than 24 hours), except in an emergency.
Although your landlord should arrange the repairs, you may have to let in the contractor. Your landlord does not have the right to come into you home to carry out improvements without your permission unless it is an emergency.
If you have allowed a reasonable time for the landlord to carry out the repairs and a problem still exists then contact the Private Sector Housing Standards Officer on 01789 260121 for further advice and assistance. However, if you feel that the issues are serious and likely to cause injury imminently, then you should contact the Council straight away.
Complaints that may be considered serious will need immediate action by the Council include:-
• no form of heating, especially during the winter months
• no hot water – you must consider if you can bathe and wash dishes appropriately
• no electric supply
• other electrical problems such as loose/bare wires, danger of electric systems causing shock or in danger of causing fires
• structural collapse – chimney pots in disrepair, slipped tiles, other structure that you feel is likely to fall and cause injury/death.
• carbon monoxide omissions within the property
Once the Council deem your complaint justified we will make arrangements to inspect the property. The receiving officer will also request details of your landlord because by law we must give the landlord 24 hours written notice intention to do an inspection. They do not have to be at the property at the time of inspection, although on many occasions the landlord may request that they are present. If you do not wish the landlord to be there at the time of inspection, you have the right to deny this access.
However, the Council promotes the presence of your landlord where practicably possible as issues can be discussed fully and it gives the officer an opportunity to better explain matters. Subsequently, this means the landlord gains a better understanding of what must be done and why.
The investigating officer will do a full survey of the property including land that reaches the boundaries. Where unacceptable hazards exist in the premises, the officer will discuss the conditions with the landlord and the options available for remedial work. Enforcement procedures are available where informal action is unsuccessful or inappropriate. However, the Council aims to work with landlords and tenants to improve the condition of private sector lettings in relation to safety standards and repair. In cases which merit legal action, notices are served requiring landlords to comply with current housing standards and legislation through our Enforcement Policy.
The team also undertake the licensing of Houses in Multiple Occupation. Information about this is available in HMOs and licensing.
All inspections or action taken by the Private Sector Housing Team will not have any bearing on an application you may have made for Home Choice Plus, but findings will be reported to the Housing Advice Team. If the investigating officer deems the property to be uninhabitable, or too dangerous to be occupied, where hazards can't be addressed immediately, the officer will contact the Housing Advice Team who will contact you to discuss your options.
It is important to understand that you do not currently have legal protection against eviction as a result of your complaint.
Landlords are required to carry out certain repairs, but you need to consider the risk that your landlord may try to evict you rather than do the work/s.
Some landlords might try to evict you without following the correct procedure, or make life difficult for you (e.g. changing the locks while you are out, leaving repairs unfinished). This may be an illegal eviction or harassment, which are criminal offences. You can contact the Private Sector Housing Standards Officer on 01789 260851.
Get advice if you are not sure what your rights are, or what you should do.
Citizens Advice Bureau, Leamington Spa 01926 457900 / Stratford upon Avon 01789 261966
Stratford-on-Avon District Council Homelessness Prevention Team 01789 260 850
You must not withhold your rent. By withholding rent you will be in breach of your tenancy agreement and could give your landlord reason to evict you, as you would soon accrue rent arrears. Furthermore, if you are evicted for rent arrears, you may not qualify for social housing as you will be deemed to be intentionally homeless.
Damp: There are 3 types of ‘damp':- Rising Damp, Penetrating Damp, and the most common Condensation.
Condensation can be caused by how a tenant lives and may not be the fault of the landlord. Please read the Information on the condensation leaflet, which should assist in dealing with the problem of condensation within your home and gives practical advice about how to reduce the likelihood of it recurring. Lifestyle is a major contributory factor to condensation so you need to make sure you are adequately heat and ventilate your property. Particular attention should be given to areas of high humidity such as bathrooms and kitchens.
The less common and structural kinds of dampness are penetrating and rising damp.
Gas: Your landlord must ensure that all gas pipe work, appliances and flues provided are maintained in a safe condition. He/she must have a gas safety check every 12 months and it should be carried out by a ‘GasSafe' Registered engineer. Your landlord must give you a copy of the gas safety certificate within 28 days of it being carried out, or before you move in. You should allow access for the engineer to inspect and to carry out any repairs and your landlord should give you reasonable notice, 24 hours written. You should get in touch with the Health and Safety Executive (HSE) on 0800 300 363 if your landlord is breaking the rules about gas safety.
Electricity: Your landlord is responsible for maintaining and repairing the wiring and all electrical installations in your home. Any electric goods (such as kettle, fridge, microwave etc) supplied by your landlord must be ‘PAT' by a suitably qualified electrical engineer every 12 months. You are responsible for maintaining any electrical goods that you own.
Warwickshire Fire and Rescue Service Fire Safety Helpline 01926 466 282
Drainage/sewage problems; External noise nuisance (including neighbour noise); Rats, mice and other infestations: Stratford-on-Avon District Council Environmental Services have relevant provisions to deal with these problems. 01789 267575
Anti-social behaviour and Crime: Contact your local police team on 101
Overcrowding: The Private Sector Housing Standards Officer will inspect properties in response to requests from tenants, landlords, members of the public, our own or other agencies.
Downloads:
Condensation Information Sheet (505KB PDF)
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External links:
Housing Act 2004
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Landlord and Tenant Act 1985
See also:
Houses in Multiple Occupation and Licensing
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Home Choice Plus
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Housing Advice
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Homelessness Prevention
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Overcrowding
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