Agenda item
Overview & Scrutiny Board Report - Damp & Mould
Minutes:
The Board received a report on damp and mould in the district, detailing what powers the Council possessed regarding property standards and how Bromsgrove District Housing Trust (BDHT), a local registered provider, were dealing with this issue. It was noted that BDHT held approximately 86 per cent of the social housing stock in the district and thus were not the only social housing provider. Several other providers also operated in the district, and they were subject to the same responsibilities and requirements with regards to maintaining housing standards.
It was noted that according to the 2021 census tenure data, there was a roughly even split of social rented and private rented properties in Bromsgrove at about 4,400 of each.
It was explained that it could be estimated based on the English Housing survey data that around 440 private rented sector properties in Bromsgrove suffered from damp and mould. However, the records showed that in the last three years the Council’s Private Sector Housing Team completed on average 62 Housing Health and Safety Rating System (HHSRS) inspections per year in Bromsgrove. This suggested that issues with mould and damp were likely under-reported and it was believed that this was due to fear of landlords serving notice and a lack of awareness of the service provided by the private sector housing team.
The full range of powers available to the Council in terms of enforcement of property standards was outlined and it was reported that the Council had the power of entry to properties at any reasonable time to carry out its duties under Section 239 of the Housing Act 2004. When there was a significant risk to the health and safety of the occupant, due to category 1 or category 2 hazards, the Council had the power to issue Prohibition Orders to prohibit the use of all or part of the property – this applied to both private rented properties and social rented properties. It was underlined, however, that informal route to resolving situations was taken whenever possible, without resorting to formal notices or legal action.
It was noted that the Housing Act 2004 introduced the HHSRS. It was a calculation of the effect of 29 possible hazards on the health of occupiers and any visitors and during inspections Officers assessed properties against all 29 hazards. HHSRS calculation provided a combined score for each hazard.
The HHSRS applied equally to all tenures, therefore all enforcement options were available to the Council regardless of whether the premise in question was owner occupied, privately rented or a Registered Providers (RP) property.
It was noted that social tenants had recourse to approach social housing regulator with regards to complaints about standards of housing provided by the social landlord.
Following the presentation of the report, Members asked questions to which the following responses were provided:
· Officers undertook to find out and report to Members how many formal notices were served in the District over the last three years following HHSRS inspections. It was highlighted that the vast majority of cases were resolved through the informal route without recourse to formal notices.
· Members requested that the appendices to the report be provided and Officers undertook to provide this in a separate communication to Members.
· With regards to how and at what point Officers were able to determine whether damp and mould were occurring at a property due to lifestyle of property occupiers or due to structural issues, for example penetrative damp occurring from blocked gutters, it was noted that the Private Sector Housing Team would undertake a thorough assessment of the property based on the HHSRS to understand how damp occurred.
· Members were informed that for BDHT properties, BDHT would move tenants out during the rectification process at a property where damp and mould was occurring.
· It was noted that there was some evidence that in some of the district’s social housing properties, damp issues might be attributed to insulation that was installed by housing providers at those properties. Members were reassured that investigation into this issue was ongoing.
· It was clarified that it was the social housing providers, including BDHT, who were responsible for and undertook insulation and that this was not the remit of the Council.
· Officers highlighted that external wall insulation would normally not cause damp to occur. Instead the direct issue was that properties were becoming more sealed through so that there was no necessary air circulation, which caused condensation and, in turn, mould. It was noted that this was often linked to lifestyle choices where windows and ventilation vents were kept permanently shut and/or heating was not being turned on.
· Officers highlighted that social tenants received a leaflet advising how mould and damp could be managed and there was also a video available on the Council’s website explaining how to prevent mould from occurring.
· It was explained that a tenant could request inspection by calling the Private Sector Housing Team, but the landlord would also be informed and would need to be present at the proposed visit. In circumstances where the landlord was uncooperative, the inspection could take place without the landlord present.
· Members were informed that the Housing Enforcement Team did not have enough resource to undertake proactive inspections.
· Officers highlighted that the guidance on enforcement was built around a process of escalation and as such prosecution would only be considered in serious circumstances such as a deliberate, negligent, or persistent breach of legal obligations.
· It was explained that inspections followed a formulaic approach where the condition of the property was assessed against each of the 29 hazards as outlined in the Housing Health and Safety Rating System (HHSRS). The full inspection and production of report took approximately 2 hours. It was noted that if following the inspection the Officers decided to take formal action, there would be fees to be paid by the person/organisation responsible for the property.
· It was noted that the most common cause of damp is lack of ventilation in rooms and advice would often be given with regards of how to increase room ventilation. It was noted that in some cases humidity extractor fans might be a possible option to tackle the issue.
· It was noted that government guidance was awaited on powers available if tenants were not cooperating with the advice given on how to tackle mould/damp issues and the situation worsened.
RESOLVED that the report be noted.
Supporting documents:
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