Can a Local Housing Officer Force me to Install HHR Storage Heaters?

Can a Local Housing Officer Force me to Install HHR Storage Heaters?

13:17 PM, 5th October 2022, About 2 years ago 21

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Hello, I have a flat that has modern electric panel wall heaters with thermostats and timer switches which run on standard-rate electricity.

The tenant has a direct contract in their name with the electricity supplier. The EPC rating for the flat is D.

The local Housing Officer has recently visited the flat and has now sent us a Section 11 Improvement Notice (and an administration charge invoice) on the basis that there is a heating system installed to the property that is purely reliant on peak rate electricity and is prohibitively expensive to use.

The schedule of works includes high heat retention storage heaters to be fitted and a wall-mounted electric panel heater with timer and electronic thermostat must be provided in the lounge and a similar and suitable unit provided in the kitchen”.

According to the Notice we are expected to install HHR storage heaters AND wall-mounted panel heaters in the kitchen and lounge, as well as having the meter changed to a dual-rate E7 supply.

I have never come across such a request before and would be grateful for some advice.

Thank you,


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Comments

Dylan Morris

17:31 PM, 6th October 2022, About 2 years ago

The property is a two bed flat so unlikely to be an HMO. Please tell us all why the Housing Officer was in the flat ? What’s going on ?

Seething Landlord

18:51 PM, 6th October 2022, About 2 years ago

Reply to the comment left by Paul Essex at 06/10/2022 - 16:31
I wasn't aware of that, fortunately none of our properties are affected by licensing (as yet!). Do they also apply the requirements about replacing kitchens and bathrooms of a certain age?

Troydave

19:33 PM, 6th October 2022, About 2 years ago

Reply to the comment left by Seething Landlord at 06/10/2022 - 18:51
The decent homes standard provides guidance on acceptable ages of kitchens, bathrooms etc but this standard does not yet apply to the prs.

Seething Landlord

19:36 PM, 6th October 2022, About 2 years ago

Reply to the comment left by Troydave at 06/10/2022 - 19:33Yes, that's what I thought. My post was in response to Paul Essex's "Unfortunately several councils have given themselves the right to enforce the standard in selective licenced areas."

Troydave

19:46 PM, 6th October 2022, About 2 years ago

Surely the proposed conditions within any given selective licencing area should not exceed legislation.

If other conditions are being imposed I would have thought the local landlords association would have objected during consultation.

Seething Landlord

19:52 PM, 6th October 2022, About 2 years ago

Reply to the comment left by Troydave at 06/10/2022 - 19:46
That's why I am hoping for some clarification about what is going on here.

No hate plz

20:23 PM, 6th October 2022, About 2 years ago

I think you need to contact a specialist like Landlord Defence. This does not sound correct but if you mishandle the situation you could get yourself in to more trouble and fines.

Simon F

14:10 PM, 9th October 2022, About 2 years ago

The council's risk assessment here has gone beyond the scope of HHSRS (the only approved methodology per Housing Act). This is not unusual, but nor is it lawful.
Check HHSRS guidance here (esp. section on Excess Cold):
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/15810/142631.pdf
You'll see (a) in general with HHSRS, assessor should NOT take account of form of tenure; (b) the heating facilities just need to be functionally adequate and under the control of the occupant. It's plain from the guidance that affordability or who pays for the heat is NOT within scope of HHSRS at all. So that aspect of the heating arrangements cannot possibly constitute or be considered a factor contributing to an HHSRS Category 1 Hazard. Thus, there is no lawful basis here for the council to have issued a Section 11 Improvement Notice. (I'm an HMO landlord, no legal quals).

You do need to reject the notice within a certain timeframe to avoid the bill becoming unavoidable.

Personally, I would lodge a FORMAL complaint with the council (check their website for Complaints process) about the unlawful Improvement Notice (explained as above) and unwarranted invoice asap -- you can expect a trashy response but using a formal complaint will then give you the option of taking the matter later to the LA ombudsman besides/instead of Residential Property Tribunal.

Take heart that if this goes to RPT, you are on absolutely solid ground -- you will get all your money back in the end, but you do have to lay some out along the way.

As others say, a letter from a specialist solicitor, might be quickest and simplest way to get them to back off.

And maybe join NRLA, there's great advice resources there too.

Chris @ Possession Friend

15:52 PM, 9th October 2022, About 2 years ago

Reply to the comment left by Simon F at 09/10/2022 - 14:10Going to need more than ' advice and resources' to prepare for and handle an appeal to the FTT - that's one of the services we provide.

Seething Landlord

17:09 PM, 9th October 2022, About 2 years ago

Is the OP responding to any of the advice or questions that have been raised?

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