Unfair practice by Council re hazards in house?

Unfair practice by Council re hazards in house?

10:22 AM, 21st March 2018, About 5 years ago 23

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I have a buy to let property where the tenant asked the Council to assess the house using the Housing Health and Safety Rating System (HHSRS). She had not raised, with me, any concerns about the condition of the house beforehand.

The Council raised a few minor points, like broken light switch, down pipe leaking onto bathroom wall resulting in a damp issue etc. They listed these as hazards and they were simple to rectify.

The Council also issued a Schedule 2 which is headed. “Remedial action which the Council considers practical and appropriate to take in respect of the hazards found.”

As there was a broken light switch they have said they are entitled to an Electrical Report by an Electrician and I am obliged to undertake all work listed even though no such report is legally required
With regard to the damp issue they require a Damp Proof Report for the whole house and a plan to undertake any works required even though no damp outside the bathroom has been detected.

I assume if there was a missing roof tile I would need to employ a roofing Company to provide a full roof report about the structure of the roof and likewise any cracking on a wall could require a full structural survey to be undertaken.

I have complained that this is a fishing expedition which was not the point of the HHSRS, but they say they are entitled to require anything they like relating to any issue found at the property.

I wonder, as this is so draconian that I would live in fear of other tenants going to the Council before approaching me, whether anybody else has experienced this problem, or has any advice how to counter the Councils approach?

Many thanks

Simon


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Comments

Giles Peaker

18:04 PM, 24th March 2018, About 5 years ago

Reply to the comment left by Luke P at 24/03/2018 - 17:57
An odd kind of disaster if no-one has actually noticed since 1 October 2015!

Your neighbouring authority is highly exceptional. I’ve seen the stats on notices served.

Simon Smith

18:39 PM, 9th April 2018, About 5 years ago

Reply to the comment left by Luke P at 21/03/2018 - 10:39
Luke

You mentioned that if the identifiable risks were rectified the Council would "struggle" to widen it to ask for a full electricable survey/damp survey- Are you able to help by mentioning what the response should be if they ask for these items when they havent identified any other fault Thanks

Luke P

19:28 PM, 9th April 2018, About 5 years ago

Yeah…”Sod off!”

If they can not identify a fault, then they cannot pursue you. Then won’t chase you for a non-mandatory check/certificate/assessment purely to satisfy their own curiosities. We are governed by legislation, not council’s whims.

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