Social landlords have always needed to ensure the reports of any housing condition issues are dealt with promptly and constructively.
Utilising scarce resources to achieve this is even more important in light of the growing awareness amongst tenants of their rights and landlords’ obligations and the Social Housing (Regulation) Act 2023 (“the Act”) receiving Royal Assent.
What will landlords need to do?
Landlords will need to inspect properties, and actively seek tenant engagement. Landlords will need to consider when it might be appropriate to seek an injunction to gain access to complete repairs if a tenant is not willing or able to cooperate. There will be time limits for dealing with hazards and a requirement for identified individuals to have responsibility for health and safety. The Regulator will again be able to undertake proactive regulation and will have greater enforcement powers, for example unlimited fines.
Housing condition records
Reports of housing condition issues are not only made to the repairs team. It is therefore vital for landlords to ensure that the relevant records are not only clear and accessible to all teams within an organisation but that any officer is able to record a concern and pass it to the repairs team for actioning.
Once a report is taken it must be investigated proactively and appropriately. A record should be maintained of the inquiries made, conclusions and the report to the tenant/any steps the tenant may wish to take next. If works required, monitored to ensure that the order is completed, access given and timescales are met.
In the event the tenant makes a complaint then the internal policy must be followed and a clear record kept as to the investigation and outcome.
Summary
Not only can proper handling of an initial report or a complaint conclude a matter but in the event of a claim being brought it provides key evidence as to notice, actions taken and defences. Investment in inspections and proactive repairing, early identification of condition issues and thorough investigation/follow up can result in financial savings (damages and lawyers’ costs) and the avoidance of reputational damage.
If you have any further enquiries regarding Housing Condition Claims and the Social Housing (Regulation) Act 2023, please feel free to contact our Property Litigation team and we would be happy to help.