social housing some of your rights.

Who do I go to with concerns about concerns around safety and repairs?

As a tenant, you have the right for your accommodation to be kept in a reasonable state of repair. Your tenancy agreement may give more details on this. Some repairs are the landlord’s responsibility regardless of whether they are in the tenancy agreement.

The structure and exterior of the property. So things like walls, floors and window frames, as well as the drains, gutters and external pipes. If the property is a house, you are also entitled to repairs in areas that are essential for accessing the house such as steps and garden paths

Water and gas pipes and electrical wiring like taps and sockets

Basins, sinks, baths and toilets

Fixed heaters (for example, gas fires) and water heaters, although this does not include gas or electric cookers.

You have to cooperate in ensuring the repairs can be done - for example, by providing access for works to be completed.

After you report a repair problem, your landlord should provide information on how they will deal with it and how long it should take. Your tenancy agreement or handbook may provide details of how long a particular type of repair usually takes.

It is a good idea to collate evidence to back up your case, such as any photos and correspondence between you and your landlord or letting agent about including text messages and emails, as well as letters. Keep your tenancy agreement and any potential supporting documents - for example, if you have a letter from a health professional which relates to how the problem is affecting your health.

What if my landlord doesn’t listen to me?

If you have reported repair problems to your landlord and they aren’t responding, there are a number of steps you can take.

First of all, ensure you have raised the case formally in writing. If you are a resident in a housing association or a housing cooperative, there should be a formal complaints procedure that should detail how to complain, but in general, the letter should include details of the problem and what you would like the landlord to do to solve it. Include details about your rights, what you feel the landlord should have done, and any evidence, such as photographs and previous correspondence, to back your points up.

If concerns are still not dealt with, there are a number of options you can take. You may want to contact your local authority for help. After raising a complaint, the case should be investigated and you may be asked for more information.

Complain to the Environmental Health department

If you believe the problem affects your health or safety, you can report the landlord to the Environmental Health department.

The Citizen’s Advice Bureau provide a template for writing letters here

Your council should contact you and your landlord to discuss the problem and explain the law if you complain about repairs not being done. They can inspect your home and order your landlord to do the repairs.

complain to the local ombudsman

If your local council refuses your complaint or you are unsatisfied with their response, you can complain to the Housing Ombudsman for free. The Ombudsman is an independent organisation that will look into how the council dealt with the problem, and whether it followed the correct procedures in doing so. The Ombudsman can recommend that the council tries to put things right if they agree with your complaint, although their decisions are not legally binding.

The Ombudsman cannot usually help you until you have gone through the council’s formal complaints procedure, or if you are already dealing with the problems through a court case.

Sometimes, if you have exhausted the complaints making procedure but still feel you have relevant concerns, it can help to apply pressure through an outside organisation such as a tenants’ group or through local politicians can help.

You can find your local MP here . To find out who your local councillors are, click here

You might consider going to court if you are unhappy with decisions around your housing. The alternative dispute resolution route provides an option to resolve the issues without having to go to that far. The Citizen’s Advice Bureau offers advice on ADRs here.

If you feel you are being discriminated against, you can also contact the Equality Advisory Support Service.

If you feel you are being discriminated against, you can also contact the Equality Advisory Support Service.

Useful links

Citizens Advice Bureau – a free advice service. Click the link to find details for your local centre.

Equality Advisory Support Service – the EASS helpline can provide advice and information if you suspect discrimination in your housing situation.

Foundations – Foundations are the national body for home improvement agencies and handy person schemes in England. They provide support for vulnerable homeowners and tenants to undertake adaptations, repairs and improvements to their home.

Housing Ombudsman Service – the ombudsman is a free, independent organisation which can help to resolve complaints about social and private landlords who are members of the HOS scheme. You can also make a complaint about your specific local authority – for example if they refuse your complaint or you are unsatisfied with their response through the Local Government Obudsman.

NHBC (National House-Building Council) - the independent body responsible for setting standards for homes.

Shelter – provides information, advice and advocacy services to people with housing problems.

Human rights at home:

housing associations or local authorities, to comply with the Human Rights Act 1998 (the HRA or the Act).

Why comply with the Human Rights Act?

It is important for society that social housing is provided in a way which is compatible with human rights. Human rights are about treating people with dignity and respect. These values should be basic standards for any public service. Human rights have special significance in relation to social housing. Quality of housing can have a huge impact on wellbeing. Inadequate housing increases the risk of severe ill health and disability; it can also lead to poor mental health, lower educational attainment, unemployment and poverty.1 The importance of housing is recognised in the United Nations Covenant on Economic, Social and Cultural Rights, which includes ‘the right of everyone to an adequate standard of living for himself and his family, including adequate ... housing’. Protecting people’s human rights in housing is therefore important in its own right.

If an individual thinks their human rights have been breached,they can take a court case in the UK courts against the body that appears to have breached them. as far as possible, other laws should be interpreted in a way which does not breach the Convention Rights. So courts may ‘read into’ the legislation a meaning that is compatible with human rights, even if the law does not seem to have that meaning at first sight. This means that when a law requires you to do something, you should interpret the requirement in a way which is compatible with the human rights .

------------------------- Three of the Convention Rights have a particular role to play in the context of social housing. They are Article 6 (the right to a fair determination of civil rights), Article 8 (which includes the right to respect for a home), and Article 14 (enjoyment of the Convention Rights without discrimination).

These Articles are each outlined in Chapter 4 but it is particularly important to emphasise that Article 8 ‑ and in particular the right it contains to ‘respect’ for a home ‑ which might be thought applicable in most housing situations:

Housing conditions: Repairs and maintenance

Social housing providers will be subject to the ordinary regulatory, statutory and contractual obligations to repair or maintain the home supplied. There is no human right to a home of a particular quality. So, for example, there is no human right to central heating, double glazing, fitted kitchens and the like. Even the modern notion of a ‘decent’ home, which is the regulatory standard required of social housing providers, does not rest on any human rights. However, the courts have recognised that in some situations housing conditions may be so bad ‑ or become so bad ‑ as to interfere with a tenant’s human rights.

Aids and adaptations

Social housing providers, especially local authorities, are likely to be subject to statutory or regulatory obligations to provide certain aids to tenants, or permit certain adaptations to social housing, in the interests of disabled residents.

There is no human right to the provision of a home with particular aids or adaptations any more than there is a right to the provision of any home at all. However, once a person has a home then they are entitled to respect for it and to respect for their private lives in the enjoyment of it. The social housing provider may in some circumstances become obliged to address difficulties that arise for particular residents which prevent them from enjoying their homes.

Environmental impact

The social housing provider’s obligation to show respect for the homes of those living within its stock goes beyond a simple requirement to restrain from unjustified interference. It can also impose positive obligations to take measures to ensure that adverse environmental circumstances do not put a home, or the enjoyment of it, at risk.

Specialist housing accommodation and specialist housing services

Most social housing providers supply general needs housing accommodation. But others specialise in the provision of accommodation to meet housing needs for those who are disabled, elderly or have other particular needs for non-conventional housing. Some social landlords provide conventional housing but supply specialist services to the occupiers of that accommodation to meet their particular needs, for example the provision of resident warden services.

If what has been provided to an occupier is a ‘home’, they will have the usual right to respect for their home (under Article 8

Termination of tenancy and eviction

Article 8 requires that an occupier is given ‘respect’ for his or her home. Eviction is the highest form of interference with that right. The threat of eviction is not much short of it.

To avoid an eviction which is unlawful where a social housing provider which is subject to the Act is seeking to terminate a tenancy (or other form of occupation) and thereafter evict the occupier, it should be able to show that it is acting in accordance with the law, that its actions are in pursuit of a legitimate aim, and that they are both necessary and proportionate.

For most forms of social housing tenancy, the landlord can only end the tenancy by obtaining a possession order. That system ensures that a court is involved, that a ground for seeking possession is made out and (commonly) that it is reasonable to evict the occupier.

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the UK Supreme Court has recently decided that in all these sorts of cases when examining a possession claim where the point is raised, the local courts will have a responsibility to consider whether the interference with the right to respect for the home (that eviction would involve) is justified.2 Such justification involves the court being satisfied that the three requirements of Article 8 are met:

fire safety

In England and Wales there are two principal pieces of legislation which cover fire safety in housing. These are the Housing Act 2004 (including the Housing Health and Safety Rating System) and the Regulatory Reform (Fire Safety) Order 2005. Under these legislations, registered providers/ social landlords (be they Local Authorities or Housing Associations) have a responsibility to ensure their tenants and properties are safe. Whilst social landlords may face criminal prosecution if they fail to meet these legislations, it is also important that their duty of care extends to educating their tenants about fire safety to ensure they act and feel safe in the home.

In many circumstances, tenants in social housing may form a ‘tenant’s panel’ to work with registered providers on the topic of fire safety. These panels may also be involved in decision-making, monitoring, complaints, and developing community policies - to name a few.

Regardless of whether social housing tenants are in a tenant’s panel or not though, it is important that both they and landlords are aware of their fire safety responsibilities and have a good level of communication. With this in mind, here is a brief fire safety guide for social housing tenants for your reference.

Know your social landlord’s responsibilities

As outlined in fire safety standards and regulations for existing social housing, your registered provider needs to address a number of areas when it comes to fire safety in social housing. Primarily, before a tenant moves in, social landlords should conduct a thorough risk assessment which will identify and remove/reduce fire hazards in the home, alongside identifying people at risk. As social housing has a high percentage of vulnerable tenants - including children, the elderly, disabled or those living with illnesses such as dementia - these will need to be carefully considered in the fire risk assessment

What fire safety technology is the best for social housing?

As a housing association tenant, you need to feel confident knowing that your registered provider is giving you the best fire protection possible, so it is important you know what fire safety products/measures are available. This is particularly significant if you are, live with, or know of someone who is vulnerable. This includes elderly tenants, those with a disability or illness, those under the influence of alcohol or medication/drugs, and young children.

As social housing has a high proportion of vulnerable tenants, registered providers need to make sure these individuals a priority when implementing fire safety systems. In light of the fact that some of the best technology now also reduces costs, there really is no excuse for landlords not to provide the highest standard of protection in the properties under their car

The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 require private landlords to fit a CO alarm in any room with a solid fuel appliance. Whilst social housing is exempt from this legislation, it is recommended to implement the same level of protection to ensure tenants are protected from this potentially deadly gas.

Passive fire protection

A recurring issue found within the common parts of housing association properties is poor fire stopping or in some cases no fire stopping at all!

What is fire stopping?

The protection or sealing of services passing through part of the structure (walls, floors etc.), which was originally designed to compartmentise the building from the spread of fire.

The problem is that either builders of these projects don’t understand the importance of fire stopping to prevent smoke, gasses and flame breaching the compartmentation or when other services are introduced into the building the fire stopping is damaged or removed and not repaired.

This is a major issue and there are very few inspections carried out where the fire stopping is adequate throughout the building under assessment.

TIP – Your fire risk assessment should advise you on any issues relating to fire stopping and breaches in compartmentation. In some cases further investigation will be required.

Fire resisting doors

Another common issue is the adaption of flat front doors. When buildings are constructed or converted into flats the front doors are of a standard to prevent fire within a flat unit spreading into the common areas and escape routes. However, things change and adaptions are made which affects the fire strategy of the building.

Some examples are;

The tenant fits a new front door that looks great and adds security and value to their flat – but if it is not to the required fire resistance, the door will fail in the event of a fire in the flat.

Letterboxes are changed in the original door – If the letterbox is not protected then again fire can spread through this into the common parts or the other way round.

Cat flaps are often installed in the front doors of flats – If the cat flap is not an approved intumescent one then the fire door will fail to act as a fire barrier.

Automatic door closers are removed from the front doors – these are installed so that the flat doors will self-close if the tenant leaves due to a fire in their flat. This prevents compromising the other flats and escape routes from becoming involved.

TIP – Your fire risk assessment should advise you on any fire doors that appear to be non- compliant so action can be taken to rectify this issue

FEEP (Fire Emergency Evacuation Plan)

A FEEP is required for all buildings where people reside so that all persons understand the fire procedure and fire strategy of the building they are in. A FEEP details your arrangements to implement, control, monitor and review fire safety standards and to ensure those standards are maintained. The plan describes the arrangements for effectively managing fire safety so as to prevent fire occurring and, in the event of fire, to protect people and property.

TIP – Your fire risk assessment should mention the fire strategy and the actions implemented to ensure all tenants are aware of the fire action procedure.

Right to repair scheme for housing associations

Most housing associations have a Right to Repair scheme for their tenants. The point of these schemes is to make sure that tenants can get low cost, urgent repairs done quickly.

Financial compensation under Right to Repair

When you report a repair your housing association should write to you to tell you

if the repair qualifies for the Right to Repair scheme

the name of the contractor who will be doing the work

the date that the work should be finished by

If the problem isn’t fixed by the date in the letter, you need to contact your Housing Association to let them know. You may be entitled to compensation for every extra day you have to wait for the problem to be sorted out. You’ll get £10 for the first day and £2 for every additional day. The maximum you can get in compensation is £50.

Right to repair

The right to repair scheme sets out a list of repairs that must be completed within a certain time limit. The repair must cost less than £250 to carry out. If a repair is not completed within the time limit, you will be entitled to claim compensation. Under the scheme, tenants must allow the contractor to carry out the work.

If your property is not being kept in a good condition, you have a right to complain. The Decent Home Standard applies to social housing in England, and covers properties rented by housing associations. To meet the Decent Home Standard, a home must:

Meet minimum safety standards for housing (using the Housing Health and Safety Rating System);

Be in a reasonable state of repair;

Have reasonably modern facilities and services;

Have efficient heating and effective insulation.

If there is a danger to your home or the estate, you can raise the issue with your local council’s Environmental Health department.

Article 8: Right to respect for private life, family life and the home

Everyone has the right to respect for their private and family life ‑ and also the right to respect for their home and correspondence. ‘Private life’ has a very wide meaning. People should be able to live in privacy and be able to live their life in the way that they choose. Their personal information should be kept private and confidential. The right to respect for a person’s home is not a right to housing, but is a person’s right to access and live in their home without intrusion or interference. The right to respect for family life includes the right for a family to live together. You should take positive steps to prevent other people seriously undermining a person’s home or private life, for example, through serious pollution or anti-social behaviour.

Article 8 is a qualified right. This means that you cannot interfere with the right, for example by forcing people to leave their homes, unless you are acting in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. You must be acting in accordance with the law