local housing fuckery

but are they really????

homelessassessment@wakefield.gov.uk

FAO Rachel Fowler

enclosed are all the copies of things i sent with regards to my previous housing worker and copies i shared with social media, i feel that there has been wilfully negligent attitude towards myself and my housing need's, given that by your own policy and parliamentary acts which are law not just policy,  that i am entitled to housing and i am  priority needs as i am fleeing domestic violence at the instruction of police for my own safety, and i am fully eligible for social housing, fact's they chose to entirely ignore  when making their previous decisions and they based their findings upon their perceived health impacts to my already suffering  ill health and mental state and well being, saying "i wouldn't suffer any more than any normal person to be made homeless", which shows they have no real grasp of what that means given the situation is a basic death sentence for anyone in good health to sleep on the street's never mind myself whom suffers greatly with my ill health, there are hundreds reports of people without anywhere to go and  because of recent weather have been dying because of the severity of the weather as there's many news articles and images all over the media  showing and detailing them all so they must know as everyone does, so the fact they chose to say that which a statement others and myself found to be utterly reprehensible and a criminal one and them attempting to directly go around my legal and human rights, given its illegal under law and the policy to knowingly send people to die because of exposure to the elements when they are guaranteed social housing under law to be inherently wrong, if i had other options i wouldn't be here, i spent all  my savings what little there was on hotels and getting about to sofa surfing for places to stay after being left with no where to go after police advised me to leave my home, which had been made into a hell by a mentally deranged nutter who attacked myself and other tenants on multiple occasions, while i wad trying to find another place to rent, which was made impossible by the fact they all wanted guarantors or ridiculous fees and rent amounts that couldn't be matched as the LHR is only around 86 pounds which just isn't enough and letting agents and landlords just refuse to look at taking HB tenants in the area so i was left with no options as death on the streets isn't fit for a dog never mind a human being 

edio bangerz <dazlaw88@gmail.com>Thu, Jan 24, 2019 at 7:26 PM

To: rdutchman@wakefield.gov.uk

Duty of care

Duty of care in English law

The establishment of a duty of care is usually broken up into a three-step test. The first case to establish a general duty of care was Donoghue v Stevenson.[3]Famously, Mrs Donoghue claimed compensation for illness after she consumed a ginger beer containing a decomposed snail in a public house in Paisley, Scotland. The bottle was opaque so neither Mrs Donoghue nor the shopkeeper could see a snail, and at the time she could not sue the shopkeeper for breach of contract or consumer rights. The House of Lords by a majority held that the manufacturer, Mr Stevenson, was liable in tort. Lord Atkin held liability was "based upon a general public sentiment of moral wrongdoing for which the offender must pay" and people "must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour." By contrast, Lord Macmillan suggested that the law should protect Mrs Donoghue by incremental analogy to previous cases.[4] Nevertheless, Lord Atkin's speech was widely followed, and was understood to contain three main points for establishing a duty of care. First, the concept of reasonable foreseeability of harm; second, the claimant and the defendant being in a relationship of proximity; third, and more loosely, it being fair, just and reasonable to impose liability on the defendant for his careless actions. This three-step scheme (also known as the tripartite or threefold test),[5] however, did not crystallise until the case of Caparo Industries Plc v Dickman.[6] A company called Caparo took over another company by buying up a majority of its shares. It did this because it sneakily obtained word from a company audit that the target was financially sound. The audit was prepared by a group of accountants (Dickman) and was intended for shareholders, not outsiders. Once Caparo owned the company it found that the finances were in fact pretty shoddy, and so it sued the accountants for being negligent in its audit preparation. The House of Lords found against Caparo and established the current threefold test. Although it was "reasonably foreseeable" that outsiders might learn of the carelessly prepared information, it was not the case that Caparo and Dickman were in a relationship of "proximity". This the court used as a term of art (note, this is different from the American use of the word) to say that it should not be the case that absolutely anyone who heard something said that was stupid and acted on it can sue. The court was reacting to its concern that to allow a claim here might open the floodgates of litigation. The third element, whether liability would be "fair, just and reasonable", was an extra hurdle added as a catch-all discretionary measure for the judiciary to block further claims.

Robinson v Chief Constable of West Yorkshire Police[2018 UKSC 4], found that the police owed a duty of care to a passer-by who was injured when they tried to arrest a drug-dealer

James-Bowen v Commissioner of Police of the Metropolis [2018] UKSC 40, rejected claim by police officers charged but acquitted of assaulting a prisoner for damage to their reputations  

General responsibilities and universal services

This section includes chapters on:

1. Promoting wellbeing 2. Preventing, reducing or delaying needs 3. Information and advice 4. Market shaping and commissioning of adult care and support 5. Managing provider failure and other service interruptions

1. Promoting wellbeing

This chapter provides guidance on section 1 of the Care Act 2014 and covers:

definition of wellbeing

promoting wellbeing

wellbeing throughout the Care Act

1.1 The core purpose of adult care and support is to help people to achieve the outcomes that matter to them in their life. Throughout this guidance document, the different chapters set out how a local authority should go about performing its care and support responsibilities. Underpinning all of these individual ‘care and support functions’ (that is, any process, activity or broader responsibility that the local authority performs) is the need to ensure that doing so focuses on the needs and goals of the person concerned.

1.2 Local authorities must promote wellbeing when carrying out any of their care and support functions in respect of a person. This may sometimes be referred to as ‘the wellbeing principle’ because it is a guiding principle that puts wellbeing at the heart of care and support.

1.3 The wellbeing principle applies in all cases where a local authority is carrying out a care and support function, or making a decision, in relation to a person. For this reason it is referred to throughout this guidance. It applies equally to adults with care and support needs and their carers 1.

1.4 In some specific circumstances, it also applies to children, their carers and to young carers when they are subject to transition assessments (see chapter 16 on transition to adult care and support).

Definition of wellbeing

1.5 ‘Wellbeing’ is a broad concept, and it is described as relating to the following areas in particular:

personal dignity (including treatment of the individual with respect)

physical and mental health and emotional wellbeing

protection from abuse and neglect

control by the individual over day-to-day life (including over care and support provided and the way it is provided)

participation in work, education, training or recreation

social and economic wellbeing

domestic, family and personal

suitability of living accommodation

the individual’s contribution to society

1.6 The individual aspects of wellbeing or outcomes above are those which are set out in the Care Act, and are most relevant to people with care and support needs and carers. There is no hierarchy, and all should be considered of equal importance when considering ‘wellbeing’ in the round.

Promoting wellbeing

1.7 Promoting wellbeing involves actively seeking improvements in the aspects of wellbeing set out above when carrying out a care and support function in relation to an individual at any stage of the process from the provision of information and advice to reviewing a care and support plan. Wellbeing covers an intentionally broad range of the aspects of a person’s life and will encompass a wide variety of specific considerations depending on the individual.

1.8 A local authority can promote a person’s wellbeing in many ways. How this happens will depend on the circumstances, including the person’s needs, goals and wishes, and how these impact on their wellbeing. There is no set approach – a local authority should consider each case on its own merits, consider what the person wants to achieve, and how the action which the local authority is taking may affect the wellbeing of the individual.

1.9 The Act therefore signifies a shift from existing duties on local authorities to provide particular services, to the concept of ‘meeting needs’ (set out in sections 8 and 18 to 20 of the Act). This is the core legal entitlement for adults to care and support, establishing one clear and consistent set of duties and power for all people who need care and support.

1.10 The concept of meeting needs recognises that everyone’s needs are different and personal to them. Local authorities must consider how to meet each person’s specific needs rather than simply considering what service they will fit into. The concept of meeting needs also recognises that modern care and support can be provided in any number of ways, with new models emerging all the time, rather than the previous legislation which focuses primarily on traditional models of residential and domiciliary care.

1.11 Whenever a local authority carries out any care and support functions relating to an individual, it must act to promote wellbeing – and it should consider all of the aspects above in looking at how to meet a person’s needs and support them to achieve their desired outcomes. However, in individual cases, it is likely that some aspects of wellbeing will be more relevant to the person than others. For example, for some people the ability to engage in work or education will be a more important outcome than for others, and in these cases ‘promoting their wellbeing’ effectively may mean taking particular consideration of this aspect. Local authorities should adopt a flexible approach that allows for a focus on which aspects of wellbeing matter most to the individual concerned.

1.12 The principle of promoting wellbeing should be embedded through the local authority care and support system, but how the local authority promotes wellbeing in practice will depend on the particular function being performed. During the assessment process, for instance, the local authority should explicitly consider the most relevant aspects of wellbeing to the individual concerned, and assess how their needs impact on them. Taking this approach will allow for the assessment to identify how care and support, or other services or resources in the local community, could help the person to achieve their outcomes. During care and support planning, when agreeing how needs are to be met, promoting the person’s wellbeing may mean making decisions about particular types or locations of care (for instance, to be closer to family). To give another example, the concept of wellbeing is very important when responding to someone who self-neglects, where it will be crucial to work alongside the person, understanding how their past experiences influence current behaviour. The duty to promote wellbeing applies equally to those who, for a variety of reasons, may be difficult to engage.

1.13 The wellbeing principle applies equally to those who do not have eligible needs but come into contact with the system in some other way (for example, via an assessment that does not lead to ongoing care and support) as it does to those who go on to receive care and support, and have an ongoing relationship with the local authority. It should inform the delivery of universal services which are provided to all people in the local population, as well as being considered when meeting eligible needs. Although the wellbeing principle applies specifically when the local authority performs an activity or task, or makes a decision, in relation to a person, the principle should also be considered by the local authority when it undertakes broader, strategic functions, such as planning, which are not in relation to one individual. As such, wellbeing should be seen as the common theme around which care and support is built at local and national level.

1.14 In addition to the general principle of promoting wellbeing, there are a number of other key principles and standards which local authorities must have regard to when carrying out the same activities or functions:

a) The importance of beginning with the assumption that the individual is best-placed to judge the individual’s wellbeing. Building on the principles of the Mental Capacity Act, the local authority should assume that the person themselves knows best their own outcomes, goals and wellbeing. Local authorities should not make assumptions as to what matters most to the person.

b) The individual’s views, wishes, feelings and beliefs. Considering the person’s views and wishes is critical to a person-centred system. Local authorities should not ignore or downplay the importance of a person’s own opinions in relation to their life and their care. Where particular views, feelings or beliefs (including religious beliefs) impact on the choices that a person may wish to make about their care, these should be taken into account. This is especially important where a person has expressed views in the past, but no longer has capacity to make decisions themselves.

c) The importance of preventing or delaying the development of needs for care and support and the importance of reducing needs that already exist. At every interaction with a person, a local authority should consider whether or how the person’s needs could be reduced or other needs could be delayed from arising. Effective interventions at the right time can stop needs from escalating, and help people maintain their independence for longer (see chapter 2 on prevention).

d) The need to ensure that decisions are made having regard to all the individual’s circumstances (and are not based only on their age or appearance, any condition they have, or any aspect of their behaviour which might lead others to make unjustified assumptions about their wellbeing). Local authorities should not make judgments based on preconceptions about the person’s circumstances, but should in every case work to understand their individual needs and goals.

e) The importance of the individual participating as fully as possible. In decisions about them and being provided with the information and support necessary to enable the individual to participate. Care and support should be personal, and local authorities should not make decisions from which the person is excluded.

f) The importance of achieving a balance between the individual’s wellbeing and that of any friends or relatives who are involved in caring for the individual. People should be considered in the context of their families and support networks, not just as isolated individuals with needs. Local authorities should take into account the impact of an individual’s need on those who support them, and take steps to help others access information or support.

g) The need to protect people from abuse and neglect. In any activity which a local authority undertakes, it should consider how to ensure that the person is and remains protected from abuse or neglect. This is not confined only to safeguarding issues, but should be a general principle applied in every case including with those who self-neglect.

h) The need to ensure that any restriction on the individual’s rights or freedom of action that is involved in the exercise of the function is kept to the minimum necessary. For achieving the purpose for which the function is being exercised. Where the local authority has to take actions which restrict rights or freedoms, they should ensure that the course followed is the least restrictive necessary. Concerns about self-neglect do not override this principle.

1.15 All of the matters listed above must be considered in relation to every individual, when a local authority carries out a function as described in this guidance. Considering these matters should lead to an approach that looks at a person’s life holistically, considering their needs in the context of their skills, ambitions, and priorities – as well as the other people in their life and how they can support the person in meeting the outcomes they want to achieve. The focus should be on supporting people to live as independently as possible for as long as possible.

1.16 As with promoting wellbeing, the factors above will vary in their relevance and application to individuals. For some people, spiritual or religious beliefs will be of great significance, and should be taken into particular account. Local authorities should consider how to apply these further principles on a case-by-case basis. This reflects the fact that every person is different and the matters of most importance to them will accordingly vary widely.

1.17 Neither these principles, nor the requirement to promote wellbeing, require the local authority to undertake any particular action. The steps a local authority should take will depend entirely on the circumstances. The principles as a whole are not intended to specify the activities which should take place. Instead, their purpose is to set common expectations for how local authorities should approach and engage with people.

Independent living

1.18 Although not mentioned specifically in the way that wellbeing is defined, the concept of ‘independent living’ is a core part of the wellbeing principle. Section 1 of the Care Act includes matters such as individual’s control of their day-to-day life, suitability of living accommodation, contribution to society - and crucially, requires local authorities to consider each person’s views, wishes, feelings and beliefs.

1.19 The wellbeing principle is intended to cover the key components of independent living, as expressed in the UN Convention on the Rights of People with Disabilities(in particular, Article 19 of the Convention). Supporting people to live as independently as possible, for as long as possible, is a guiding principle of the Care Act. The language used in the Act is intended to be clearer, and focus on the outcomes that truly matter to people, rather than using the relatively abstract term ‘independent living’.

Wellbeing throughout the Care Act

1.20 Wellbeing cannot be achieved simply through crisis management; it must include a focus on delaying and preventing care and support needs, and supporting people to live as independently as possible for as long as possible. (See chapter 2 for more detail on approaches to prevention).

1.21 Promoting wellbeing does not mean simply looking at a need that corresponds to a particular service. At the heart of the reformed system will be an assessment and planning process that is a genuine conversation about people’s needs for care and support and how meeting these can help them achieve the outcomes most important to them. Where someone is unable to fully participate in these conversations and has no one to help them, local authorities will arrange for an independent advocate. Chapters 6 (Assessment and eligibility), 10 (Care and support planning), and 7 (Independent advocacy) discuss this in more detail.

1.22 In order to ensure these conversations look at people holistically, local authorities and their partners must focus on joining up around an individual, making the person the starting point for planning, rather than what services are provided by what particular agency. Chapter 15 (integration and cooperation) sets this out in more detail.

1.23 In particular, the Care Act is designed to work in partnership with the Children and Families Act 2014, which applies to 0 to 2.5 year old children and young people with SEN and Disabilities. In combination, the 2 Acts enable areas to prepare children and young people for adulthood from the earliest possible stage, including their transition to adult services. This is considered in more detail at chapter 16.

1.24 Promoting wellbeing is not always about local authorities meeting needs directly. It will be just as important for them to put in place a system where people have the information they need to take control of their care and support and choose the options that are right for them. People will have an opportunity to request their local authority support in the form of a direct payment that they can then use to buy their own care and support using this information. Chapters 3 (Information and advice) and 12 (Direct payments) explain this in more detail.

1.25 Control also means the ability to move from one area to another or from children’s services to the adult system without fear of suddenly losing care and support. The Care Act ensures that people will be able to move to a different area without suddenly losing their care and support and provides clarity about who will be responsible for care and support in different situations. It also includes measures to help young people move to the adult care and support system, ensuring that no one finds themselves suddenly without care on turning 18. Chapters 20 (Continuity of care), 19 (Ordinary residence) and 16 (Transition to adult care and support) set this out in more detail.

1.26 It is not possible to promote wellbeing without establishing a basic foundation where people are safe and their care and support is on a secure footing. The Care Act puts in place a new framework for adult safeguarding and includes measures to guard against provider failure to ensure this is managed without disruption to services. Chapters 14 (Safeguarding), and 5 (Managing provider failure) set this out in more detail.

The role of the Principal Social Worker in care and support

1.27 The purpose of this section of the guidance is to further clarify arrangements to have in place a designated principal social worker in adult care and support. Local authorities should make arrangements to have a qualified and registered social work professional practice lead in place to:

lead and oversee excellent social work practice

support and develop arrangements for excellent practice

lead the development of excellent social workers

support effective social work supervision and decision making

oversee quality assurance and improvement of social work practice

advise the director of adult social services (DASS) and/or wider council in complex or controversial cases and on developing case or other law relating to social work practice

function at the strategic level of the Professional Capabilities Framework

The local authority role in supporting principal social workers

1.28 All local authorities should ensure principal social workers are given the credibility, authority and capacity to provide effective leadership and challenge, both at managerial and practitioner level and are given sufficient time to carry out their role. The principal social worker should also be visible across the organisation, from elected members and senior management, through to frontline social workers, people who use services and carers. Local authorities should therefore ensure that the role is located where it can have the most impact and profile.

1.29 Whatever arrangements are agreed locally, the principal social worker should maintain close contact with the DASS and frontline practitioners and engage in some direct practice. This can take several different forms, including direct casework, co-working, undertaking practice development sessions, mentoring.

1.30 The integration of health and care and support will increasingly require social workers to lead, both in their teams and across professional boundaries, particularly in the context of safeguarding, mental health and mental capacity. Organisational models of social work have traditionally focused on managerial, as opposed to professional leadership - through their direct link to practice, principal social workers can ‘bridge the gap’ between professional and managerial responsibility, to influence the delivery and development of social work practice.

Principal social workers and safeguarding

1.31 Chapter 14 of this statutory guidance endorses the: ‘Making Safeguarding Personal’ approach. This represents a fundamental shift in social work practice in relation to safeguarding, with a focus on the person not the process. As the professional lead for social work, principal social workers should have a broad knowledge base on safeguarding and Making Safeguarding Personal and be confident in its application in their own and others’ work. Local authorities should, therefore, ensure that principal social workers lead on ensuring the quality and consistency of social work practice in fulfilling its safeguarding responsibilities. In particular they should have extensive knowledge of the legal and social work response options to specific cases and in general.

The Responsibilities and Liabilities of the Landlord/Letting agent

The Responsibilities and Liabilities of the Landlord/Letting agent

https://www.stockton.gov.uk/media/2771/chapter-2-landlord-responsibilities.pdf1 Pre-tenancy

2.1 Landlords’

Responsibilities for

Repair and Maintenance

2.2 Implied Terms in

Tenancy Agreements

2.3 Common Law Implied

Terms

2.3.1 The Right of a Tenant to

Quiet Enjoyment of a Rented

Property without Intrusion

or Disturbance by a Landlord

In addition to any repair responsibilities explicitly set out in the tenancy

agreement, common law and statute will imply terms to the agreement

between landlord and tenant. These terms form part of the contract, even

though they have not been specifically agreed between the two parties.

Specific obligations to repair are set out in detail in the sections below. As

a general rule the building itself and the immediate surroundings should

be able to withstand normal weather conditions, and normal use by tenants

and their visitors.

The property should be in a reasonable state of repair both internally

and externally and fit for human habitation at the start of the tenancy.

There should be no dampness, either in the form of rising or penetrating

damp, from the outside. Condensation may be as a result of the

tenant’s behaviour but it may also have implications for the landlord

if the ventilation is inadequate or some structural problem is causing

it. An investigation of the cause will be needed to be able to decide

responsibility.

Statutory and common law requires that there should be no unacceptable

level of risk to the health or safety of the occupiers or their visitors.

Remember that if the tenant or visitors have an accident or suffer injury

due to the poor condition of the property (for example a fall caused by a

broken handrail or respiratory diseases caused by damp conditions), the

landlord may be liable to them for damages for personal injury.

(bronchial asthma, lung disease and dust allergies)

Implied terms are those that are considered to be part of a legal lease,

tenancy agreement and/or licence even though they are not actually

written down in that document. Implied terms can arise from common law

and/or statute.

Note: any attempts to evade statutory or common law rights and

responsibilities by way of any standard term in the tenancy agreement,

may result in the relevant term being found void under the Unfair Terms in

Consumer Contracts Regulations 1999.

Examples might include a clause

requiring rent to be paid without set-off (as this would be an attempt to

exclude the tenant’s common law right to set off against the rent any debt

owed to the tenant by the landlord) or a clause term requiring the tenant

to be responsible for repairs to the gas appliances (as this is the landlord’s

statutory responsibility).

The main terms implied by common law are detailed below:

This right is implied into all tenancies which entitles the tenant to live

in the property without disturbance from the landlord or people acting

on the landlord’s behalf. Generally a landlord does not have the right to

turn up unannounced to check on a property or tenant. It must be agreed

mutually beforehand, where the landlord wishes to enter for a specific

purpose, such as repairing a window. It has been held that breach of the

repairing covenants can also be considered to be breach of the covenant

of quiet enjoyment. A right of quiet enjoyment is often written into the

tenancy agreement because then the landlord can limit or widen the

scope of the implied obligation, or even make the covenant for quiet

enjoyment conditional on the tenant complying with their own obligations.

Where there is a covenant for quiet enjoyment written into the tenancy

agreement, the tenant will be entitled to have the landlord comply with

that covenant.

2. The Responsibilities and Liabilities of the Landlord/Letting Agent

26 The Responsibilities and Liabilities of the Landlord/Letting agent

1 Pre-tenancy

2.3.2 Tenant must use the Property in a Tenant-like Manner

2.3.3 The Tenant shall not permit Waste

2.3.4 Fair Wear and Tear

2.3.5 The Tenant must not use the Rent to pay for Repairs, except in very Limited Circumstances

2.4 Statutory Implied Terms

2.4.1 Landlord and Tenant Act 1985

2.4.2 Access to Property This has been defined in case law as ‘to do the little jobs about the place which a reasonable tenant would do’ such as unblocking sinks when blocked by the tenant’s waste, keeping toilets and drains clear, regular cleaning including windows, putting refuse out for collection and gardening if applicable. The tenant has the responsibility to ensure the property is not damaged

deliberately and is kept clean and free from rubbish during the course of the tenancy.

The tenant should leave the property in the same condition as when they took possession, fair wear and tear excepted.

Repairs must be reported to the landlord/agent.

Using rent for any other reason could result in eviction from the property.

Section 11 of the Landlord and Tenant Act 1985 implies a term into tenancy

agreements for less than seven years that the landlord shall keep in repair:

• the structure and exterior of the dwelling

• the installations for the supply of water, gas, electricity and

sanitation

• the installations for the supply of space heating and water

heating and

• the communal areas and installations associated with the dwelling (section 11 as amended by section 116 of the Housing Act 1988), where these are controlled by the landlord.

The Act also provides that the standard of repair necessary will vary depending on the ‘age, character, and prospective life of the property and its location’.

Section 11 – sub-section (6) implies a term into the tenancy agreement that landlords with section 11 repairing responsibilities (or people authorised by them) have the right to access the property for the purpose of viewing its condition and state of repair. Access can only be at reasonable times of the day and after giving the tenant not less than 24 hours’ notice in writing. This section does not extend to actually carrying out the repairs. The right to enter for the repair would be an implied term, as the law says the landlord must do the repair, it is implied he or she has the right to enter to do it. However, the right to enter to do repairs (subject to notice being given) is generally included in tenancy agreements and if the tenant refuses to allow the landlord access to carry out the repairs,

the tenant will not be in a position to complain about the property or to claim for damages for disrepair or for personal injury caused by the disrepair.

Indeed if the tenant’s failure to allow the landlord access to do the works results in further deterioration or damage to the property, the tenant may be liable to the landlord (entitling the landlord, for example, to deduct the additional costs incurred from the damage deposit).

Note that although section 11(6) gives the landlord the right to enter the

The Responsibilities and Liabilities of the Landlord/Letting agent 27

1 Pre-tenancy

2.4.3 Breach of Repair Obligations

property (after having given notice), this does not mean that the landlord

is entitled to enter the property at that time, irrespective of whether the

tenant asks the landlord not to. However, if the particular appointment

time is inconvenient, the tenant will be expected to consent to an

appointment at another time.

If the tenant refuses to allow the landlord access at all, the tenant will be

in breach of their tenancy agreement, because the right of access is an

implied term of the agreement). In some circumstances (for example if the

property is clearly in disrepair) this may entitle the landlord to apply for an

order for possession.

Generally, landlords should be wary about entering the property when the

tenant is not there. Where a tenant has given permission, but has advised

they will not be at the property themselves, it is recommended that

landlords/agents are best accompanied by a witness.

The landlord will be able to pass on the cost of works or repairs to the

tenant if work is needed because of the tenant’s breach of their obligations

under the tenancy.

Action can be taken by the tenant in the County Court for breaches of the

landlord’s repairing obligation. This is a civil action and tenants can claim

compensation for damage and inconvenience resulting from the breach.

The landlord should receive notice of this in advance of any claim being

brought, as tenants are now obliged to comply with the ‘Pre-action Protocol

for Housing Disrepair’. This protocol provides that tenants must inform

their landlord in writing (an ‘early notification letter’ followed by a ‘letter

of claim’) of all relevant matters before issuing legal proceedings. The

protocol gives full details of the information to be provided and specimen

letters.

If the tenant does not comply with the protocol, the landlord can

ask the court to stay the claim until the provisions of the protocol have

been complied with. A copy of the protocol can be downloaded from HM

Courts Service website at www.hmcourts-service.gov.uk

.

Section 17 of the Landlord and Tenant Act 1985 requires specific

performance (saying the landlord will have to do the repair) where there

has been a breach, i.e. the payment of compensation may not be sufficient

remedy.

This means that the County Court can make an order requiring the landlord

to fulfil the express or implied repairing terms of the tenancy agreement.

The County Court can make an injunction requiring the landlord to do

repair work which may or may not be within the terms of the contract. If

the landlord fails to carry out the works required by the court order, the

landlord, or his agent, can in very extreme situations be committed to

prison for contempt.

The County Court can alternatively direct that the

repairs be undertaken by, or on behalf of, the tenant at the landlord’s

expense.

Damages (compensation) can still be claimed even if the works have been

carried out by the time the case reaches court.

In practice it is rare for these extreme measures to be used. However, it is

important to be aware that these penalties exist, and every care should be

made to respond promptly to repairing obligations when they arise. It is,

after all, protecting any financial investment. If the property is properly

28 The Responsibilities and Liabilities of the Landlord/Letting agent

1 Pre-tenancy

2.4.4 Defective Premises Act

1972

2.4.5 Occupiers’ Duty of Care

2.5 Housing Health and Safety Rating System

insured

some work may be covered by the insurance policy.

Section 4 of the Defective Premises Act 1972 places a duty of care on the

landlord in relation to any person who might be affected by a defect, ‘to

take such care as is reasonable in all the circumstances to see that they

are reasonably safe from personal injury or from damage to their property

caused by a relevant defect’.

This is civil redress. A defect is relevant if the landlord knew about it or

should have known about it - the fact that a defect has not been reported

or there has been a failure to inspect (e.g. rotten floorboards or joists) does

not remove liability. It is for this reason that it is important that landlords

(or their agents) carry out regular checks on the property.

In this case the premises include the whole of the letting - i.e. including

gardens, patios, walls, etc - and can be applied to the communal areas of

estates or multi-occupancy buildings, including lifts, rubbish chutes, stairs

and corridors. Section 4 provides tenants or other affected persons with the

right to seek compensation for personal injury or damage to property.

Section 2 of the Occupiers’ Liability Act 1957 provides that the occupier of

a property has a duty of care to all visitors who come onto their premises.

This applies to landlords where they are the legal occupier of some parts

of their rented stock, e.g. shared-use areas such as lifts, staircases and

entrance lobbies – in some cases even grounds and car parks.

The duty means taking such care as would be reasonable in all

circumstances to see that the visitor is reasonably safe in using the

premises for its purpose. The landlord is liable for any injury caused to

a visitor as a result of defects in the part of the building occupied by the

landlord.

The Law and Landlords’ Obligations

The Housing Act 2004 places a statutory duty on local authorities to

identify hazards and to assess tenants’ risks to health and safety. Local

authorities are required to use a system called the Housing, Health and

Safety Rating System (HHSRS) to identify and assess risks. Section 3(1) of

the Act states

:

‘A local housing authority must keep the housing conditions in their area

under review with a view to identifying any action that may need to be

taken by them under any of the provisions mentioned in sub-section (2).’

Depending on the seriousness of risk, local authorities assess hazards as

either category 1 or category 2 hazards. Section 5 describes the duty on

the local authority to take enforcement action where a category 1 hazard

exists

In practice, how local authorities discharge their duty under section 3(1)

varies. In some cases local authorities are proactive in carrying out an

assessment of the private rented sector stock in their areas but others

are now only able to offer a reactive service, responding to requests for

assistance from both tenants and landlords.

Although not a general legal obligation, it is useful for landlords to be able

to identify and risk-assess health and safety hazards at their properties and

take remedial action where necessary. Most local authorities are keen to

The Responsibilities and Liabilities of the Landlord/Letting agent 29

1 Pre-tenancy

2.5.1 Hazards

2.5.2 Risk Assessment

work with landlord groups in their area to make sure landlords are aware

of the local authority’s responsibilities, powers and duties under the Act

and a prudent landlord will be proactive in seeking to ensure that their

properties are of a standard that does not attract the interest of the local

housing authority.

The HHSRS lists 29 hazards that landlords need to be aware of.

Physiological:

• damp and mould growth

• excess cold

• excess heat

• asbestos and manufactured mineral fibre

• biocides (e.g. damp and timber treatment products)

• carbon monoxide and fuel combustion products

• lead

• radiation

• uncombusted fuel gas

• volatile organic compounds.

Psychological:

• crowding and space

• entry by intruders

• lighting

• noise

Infection:

• domestic hygiene, pests and refuse

• food safety

• personal hygiene, sanitation and drainage

• water supply for domestic purpose

Accidents:

• falls associated with baths

• falling on level surfaces

• falling associated with stairs and steps

• falling between levels

• electrical hazards

• fire

• flames and hot surfaces

• collision and entrapment

• explosions

• position and operability of amenities

• structural collapse and failing elements

The HHSRS is a technical system and is best used by persons with a

technical health and safety or building construction background.

The HHSRS is available at:

www.communities.gov.uk/documents/housing/pdf/142631.pdf.

There are a number of landlord guides to the HHSRS available through the

internet that provide an understanding of HHSRS without going into its full

details.

30 The Responsibilities and Liabilities of the Landlord/Letting agent

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2.5.3 Vulnerable Groups

One such guide provided by the Government, is entitled Housing Health

and Safety Rating System – Guidance for Landlords and Property-related

Professionals available at www.communities.gov.uk/publications/housing/

housinghealth

In practice it is very challenging for landlords to acquire the skills necessary

to use the HHSRS to accurately risk-assess hazards as category 1 or 2.

To help landlords to identify potential category 1 hazards and prioritise

them for action a simple guide to risk-assessing hazards is provided below:

The risk from a hazard is a combination of:

• the likelihood of a hazard, over a 12-month period, causing

harm sufficient to require some medical attention and

• the potential seriousness of harm from that hazard, should

harm occur.

A risk assessment of a hazard that indicates high likelihood of harm,

and high potential seriousness of that harm, means that the hazard may

potentially be high risk and therefore in need of remedial action to reduce

the risk to a more acceptable level.

Step 1 Familiarise yourself with the 29 HHSRS hazards, especially the most

commonly occurring.

Step 2 Ask yourself whether the likelihood of harm occurring over a

12-month period from an identified hazard is high.

Step 3 Ask yourself whether the potential seriousness of that harm would

be high.

If the answers to steps 2 and 3 are YES, then the hazard is a high-risk

hazard.

Example

Assessing the risk of falling down a stair.

If a stair is long, steep, in disrepair, has a loose worn covering, has varying

sizes of treads and risers, does not have a handrail or adequate artificial

lighting along its length, then the likelihood over a 12-month period of

someone falling will be high.

If at the bottom of the stair there is a hard floor surface, a wall mounted

radiator with sharp corners and a non-safety glazed door, then the

seriousness of a fall is likely to be high.

The combination of high likelihood of an accident and high potential

seriousness of harm means that the risk of the hazard of falling down the

stair is high, liable to be a category 1 hazard and in need of high priority

remedial action.

Young and elderly persons are more at risk from the following hazards

in particular than young able bodied adults: cold, falls, fire, hot surfaces,

dampness, food safety and entry by intruders.

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2.5.4 Property Inspection Form

2.5.5 HHSRS Enforcement

Landlords letting properties to elderly persons or families with young

children should be particularly mindful of these hazards when carrying out

risk assessments and should provide additional protective means where

necessary.

To assist landlords to identify and risk-assess hazards on site and record

any necessary remedial works, a property inspection form is provided in

Appendix 3 of this handbook.

Although not a legal requirement it is recommended that an inspection

form is completed for each property and a copy kept on file.

In the event that a property is inspected by a housing standards

enforcement officer, then providing the officer with a copy of the property

inspection form will provide a strong indication that the landlord takes

their health and safety responsibilities seriously.

The form provides, room by room, a list of potential defects and

deficiencies that can give rise to hazards.

The seriousness of the defects and deficiencies can be scored as:

1. not satisfactory

2. defective

3. seriously defective

Before inspecting a property, landlords need to copy the appropriate

number of pages of the inspection form that will be needed.

For example if the property has two bathrooms then two copies of the page

covering bathrooms need to be printed off. It is a good idea to carry spares.

There is a Summary of Property Inspection at the end of the form to

provide a summary of any hazards identified as needing remedial action.

The remedial action can be prioritised as low, medium or high.

The final page of the form is to complete as an action plan with timescales.

Local authorities have statutory duties and powers to take enforcement

action to deal with properties containing hazards identified under the

HHSRS. Under the HHSRS local authorities have a duty to take appropriate

enforcement action in relation to category 1 hazards, and discretion to act

in relation to category 2 hazards.

If a hazard presents a severe threat to health or safety it is known as a

category 1 hazard.

If a local housing authority considers that a category 1 hazard exists on any

residential premises, they must take the appropriate enforcement action in

relation to the hazard.

Less severe threats to health and safety are known as category 2 hazards

and a local authority may take appropriate enforcement action to reduce

the hazard to an acceptable level. The circumstances in which local

authorities will take action over category 2 hazards will vary and will

depend on the individual local authority’s enforcement policy.

32 The Responsibilities and Liabilities of the Landlord/Letting agent

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2.6 Decent Homes Standard

(applicable to England only)

2.7 Gas Safety

2.7.1 Gas Safety (Installation

and Use) Regulations 1998

Although statutory action is mandatory for category 1 hazards and

discretionary for category 2 hazards, the choice of what course of action is

appropriate is also a matter for the local authority and it will depend on the

individual local authority’s enforcement policy.

The authority must, however, take into account the statutory enforcement

guidance and the options available include:

• serving an improvement notice requiring remedial works

• making a prohibition order, which closes the whole or part of a

dwelling or restricts the number of permitted occupants

• suspending the above types of notice for a period of time

• taking emergency action itself

• serving a hazard awareness notice, which merely advises that a

hazard exists, but does not demand works are carried out

• demolition

• designating a clearance area.

Additional information can be obtained from the CLG, in particular the two

guidance documents:

•  Housing Health and Safety Rating System: - Guidance for

Landlords and Property Related Professionals

• Housing Health and Safety Rating System: - Operating Guidance

The decent homes standard was a measure of general housing conditions

introduced by the Government in 2000. Although private landlords were

not directly required to take any action to bring their properties up to this

standard, the Government set targets for local authorities. However, from

April 2008, all other sets of indicators, including Best Value Performance

Indicators and Performance Assessment Framework Indicators, have been

abolished.

It is vital that landlords clearly understand their responsibilities and

obligations in relation to gas supply and appliances and the duties and

responsibilities placed on them by the gas safety regulations.

Obligations between landlords and agents need to be specific in relation to

the gas safety regulations and neither party can seek to evade or exclude

themselves from those obligations. Any clause in the tenancy agreement

which attempts to evade the regulations will be invalid. A breach of the

regulations is a criminal offence, enforced by the Health & Safety Executive.

The Gas Safety (Installation and Use) Regulations 1998 make it mandatory

that gas appliances are maintained in a safe condition at all times.

Landlords are required by the regulations to ensure that all gas appliances

are adequately maintained and that an annual safety check is carried out by

a registered tradesperson.

From March 2009 the Gas Safe Register has replaced CORGI gas registration

in Great Britain and is now the official industry stamp for gas safety. For

further information visit www.gassaferegister.co.uk.

All gas installers should carry identification cards which will state the type

of work they are authorised to carry out. For further information about

registered gas installers and to locate a service that is local, see the Gas

Safe Register website at www.gassaferegister.co.uk. Once the inspection

The Responsibilities and Liabilities of the Landlord/Letting agent 33

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2.7.2 Exceptions to the

Regulations

has been carried out, the installer will provide a gas safety record.

A gas safety record must be provided to tenants of properties which

contain gas appliances when they first move in, and annually thereafter.

Failure to do this is a criminal offence.

Any necessary repair or remedial work identified should be carried out

straightaway by the landlord who cannot place responsibility for this onto

the tenant. If the need for any work is caused by the tenant’s behaviour,

then the tenant can be charged for the cost of the repair work afterwards.

For further information about responsibilities and obligations, contact the

Health & Safety Executive (HSE) for advice. Additional information and

details of the local HSE office can be obtained from the HSE website at

www.hse.gov.uk.

It is very important that the gas regulations are complied with and all

necessary repairs carried out as soon as possible. Defective gas appliances

are very dangerous and some tenants have died as a result. Culpable

landlords could be subject to legal action.

A landlord must:

• have gas appliances provided by them checked for safety by a

registered gas installer within 12 months of their installation

and then ensure further checks at least once every 12 months

after that

• ensure a gas safety check has been carried out on each

appliance and flue every 12 months, except where the

appliance was installed less than 12 months ago. Gas pipe

work should also be inspected to ensure it is not leaking. The

registered gas installer must take action to leave the appliance

safe, if it fails a safety check. This could be remedial action,

disconnection and/or a warning notice attached

• give a copy of the gas safety record to any new tenant when

they move in or to an existing tenant(s) within 28 days of the

check

• keep a record of the gas safety check made for each appliance

for two years

• ensure that gas appliances, fittings, and flues are maintained

in a safe condition.

The regulations do not apply to gas appliances which are owned by the

tenant.

The regulations do not apply to leases for terms of more than seven unless

the landlord has a break clause which entitles the landlord to end the lease

during the first seven years.

The regulations allow a defence for some specified regulations where

a person can show that they took all reasonable steps to prevent the

contravention of the regulations.

Portable or mobile gas appliances supplied from a cylinder must be

included in maintenance and the annual check; however they are excluded

34 The Responsibilities and Liabilities of the Landlord/Letting agent

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2.7.3 Room-sealed Appliances

2.7.4 Indications that an

Appliance is Faulty or

Dangerous

2.7.5 Tenants’ Duties

2.8 Electrical Safety and

Electrical Goods

2.8.1 Landlords’ Duties and

Responsibilities

from other parts of the regulations.

The regulations require that:

• a gas appliance installed in a bathroom or a shower room

must be a room-sealed appliance (i.e. sealed from the room in

which it is located and obtaining the air for combustion from

the open air outside the building, discharging the products of

combustion direct into the open air)

• a gas fire, other gas space-heater or a gas water-heater of 14

kilowatt heat output or less in a room used or intended to be

used as sleeping accommodation must either:

- be a room-sealed appliance or

- incorporate a safety control designed to shut down the

appliance before there is a build-up of a dangerous

quantity of the products of combustion in the room

concerned.

Danger signs to look for are:

• stains, soot or discolouring around a gas appliance indicating

that the flue or chimney is blocked, in which case carbon

monoxide can build up in the room

• a yellow or orange flame on a gas fire or water heater

• The most effective indication of a combustion problem would

be the activation of a properly installed carbon monoxide

detector.

Tenants also have responsibilities imposed upon them by the Gas Safety

(Installation and Use) Regulations 1998.

They must report any defect that they become aware of and must not use

an appliance that is not safe. Tenants should be informed of this in writing

and a clause explaining their duties should be included in their tenancy

agreement: this would include reporting any defect and not using an

appliance that is not safe.

Again, landlords should have a clear understanding of their responsibilities

in relation to electrical installations and appliances and the duties and

responsibilities placed on a landlord by the following regulations:

• Landlord and Tenant Act 1985

• Consumer Protection Act 1987

• Electrical Equipment (Safety) Regulations 1994

• Building Regulations 2000

Legislation places obligations on landlords to ensure that all electrical

appliances supplied by the landlord are safe at the date of supply.

Landlords need to ensure that the electrical installation and all electrical

appliances are ‘safe’ with little risk of injury or death to humans, or risk

of damage to property. This includes all mains voltage household electric

goods supplied by the landlord such as cookers, kettles, toasters, electric

blankets, washing machines etc. Any equipment supplied must also

be marked with the appropriate CE marking (Conformité Européene /

The Responsibilities and Liabilities of the Landlord/Letting agent 35

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2.8.2 Building Regulations Part P

Declaration of Conformity).

In order to meet these obligations either supply new appliances or get any

appliances provided checked by a qualified electrician before the property

is let to new tenants. All paperwork regarding the items (i.e. receipts,

warranties, records of inspection) should be kept for a minimum period of

six years.

One way of helping to achieve safety is to undertake a regular formal

inspection of the installation and appliances on an annual basis. The

Electrical Safety Council advises that as a minimum, landlords should:

• check the condition of wiring, and check for badly fitted plugs,

cracks and chips in casings, charring, burn marks or any other

obvious fault or damage

• check that the correct type and rating of fuses are installed

• ensure all supplied appliances are checked by a competent

person at suitable periods and that any unsafe items are

removed from the property. Record details of all electrical

appliances, including their condition and fuse rating

• ensure that instruction booklets are available at the property

for all appliances and that any necessary safety warnings are

given to tenants

• avoid purchasing second-hand electrical appliances for rented

properties that may not be safe and

• maintain records of all checks carried out.

Although there is no statutory requirement to have annual safety checks

on electrical installations as there is with gas, the Institution of Electrical

Engineers recommends a formal periodic inspection and test being carried

out on the installation at least once every 10 years or on a change of

tenancy.

There is, however, a statutory requirement that all HMOs (both licensable

and not licensable) must have their mains installation inspected every five

years.

It may also be appropriate that where any risk is found to be enhanced, for

example where an installation is old or where damage is regularly found, a

more frequent inspection regime will be necessary.

Periodic inspection and testing and any necessary remedial work must only

be undertaken by someone competent to do such work. On completion, a

periodic inspection report, which indicates the installation is satisfactory

(or why it is not), should be issued by the person carrying out the work and

this should be acted upon and retained by the landlord.

The regulations relating to electrical installations fall into two categories:

existing installations and new work.

New Work

The design, installation, inspection and testing of electrical installations is

36 The Responsibilities and Liabilities of the Landlord/Letting agent

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2.8.3 Further Guidance

2.9 Safety of Furniture

2.9.1 The Furniture and

Furnishings (Fire) (Safety)

Regulations 1988

controlled under Part P of the Building Regulations which applies to houses

and flats and includes gardens and outbuildings such as sheds, garages and

greenhouses.

All work that involves adding a new circuit or is to be carried out in

bathrooms and kitchens will need to be either carried out by an installer

registered with a Government-approved competent person scheme or

alternatively notified to building control before the work takes place.

Generally, small jobs such as the provision of a socket outlet or a light

switch on an existing circuit will not be notified to the local authority

building control.

More details can be found in Approved Document P published by the CLG

and in their guidance leaflet Rules for Electrical Safety in the Home.

On completion of any new electrical installation work an Electrical

Installation Certificate or Minor Works Form should be issued by the

electrician or installer carrying out the work and this should be retained by

the landlord.

Building regulations are enforced by local authority building control

officers and they can be consulted for further information about

compliance with these regulations.

For further guidance about electrical safety and the competency of

electricians and installers to carry out new work or undertake the formal

periodic inspection and test of an existing installation, refer to the

information provided on the Electrical Safety Council’s website:

www.esc.org.uk.

If furnished accommodation is being provided it is important to understand

the need to provide safe furniture and furnishings, particularly in relation

to fire safety.

Since 1 January 1997 persons who hire out furniture in the course of a

business (and this includes furniture provided with rented accommodation)

are required to comply with the Furniture and Furnishings (Fire) (Safety)

Regulations 1988 which set safety standards for fire and flame-retarding

requirements for upholstered furniture manufactured after 1950 or where

the tenancy commenced after March 1993. The regulations relate to:

• furniture meeting a cigarette resistance test

• cover fabric, whether for use in permanent or loose covers,

meeting a match resistance test and

• filling materials for all furniture meeting ignitability tests.

Tenancies that commenced prior to 1993 are exempt, but all additional or

replacement furniture added after 1993 must comply with fire resistance

requirements. A new tenant after 1993 means that all relevant furniture

must comply.

The regulations require that:

All new furniture (except mattresses, bed bases, pillows, scatter cushions,

seat pads and loose and stretch covers for furniture) must carry a display

label at the point of sale. This is the retailer’s responsibility.

All new furniture (except mattresses and bed bases) and loose and stretch

covers are required to carry a permanent label providing information

about their fire-retardant properties. Such a label will indicate compliance,

The Responsibilities and Liabilities of the Landlord/Letting agent 37

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2.10 Houses in Multiple Occupation (HMO)

2.10.1 Definition of an HMO

although lack of one in second-hand furniture would not necessarily imply

non-compliance as the label might have been removed.

Generally, if second-hand furniture has not been bought from a reputable

dealer and is not labelled, then it should be assumed that the furniture will

fail to meet the regulations.

The regulations apply to any of the following that contain upholstery:

• furniture

• beds, headboards of beds, mattresses

• sofas, sofa beds, futons and other convertibles

• scatter cushions and seat pads

• pillows and

• loose and stretch covers for furniture.

The regulations do not apply to:

• sleeping bags

• bedclothes (including duvets)

• loose covers for mattresses

• pillowcases

• curtains

• carpets.

The regulations relate only to items provided by the landlord and do

not apply to items provided by the tenants for which the landlord is not

responsible.

The publication A Guide to the Furniture and Furnishings (Fire) (Safety)

Regulations is available from the Department for Business Enterprise &

Regulatory Reform (BERR) website: www.berr.gov.uk/files/file24685.pdf

Special requirements apply to types of properties known as Houses

in Multiple Occupation (HMOs) which place special responsibilities on

landlords and agents.

An HMO is defined in sections 254-259 of the Housing Act 2004. In simple

terms, an HMO is a building, or part of a building, such as a flat, that:

• is occupied by more than one household and where the

occupants share, lack, or must leave their front door to use an

amenity such as a bathroom, toilet or cooking facilities

• is occupied by more than one household in a converted

building where not all the flats are self-contained. ‘Selfcontained’ means that all amenities such as kitchen, bathroom

and WC are behind the entrance door to the flat

• is a converted block of self-contained flats, but does not meet

the requirements of the Building Regulations 1991, and less

than two thirds of flats are owner-occupied.

The households must occupy the building as their only or main residence

(remembering that tenants can have more than one main residence)

and rent must be payable in respect of at least one of the household’s

occupation of the property.

38 The Responsibilities and Liabilities of the Landlord/Letting agent

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2.11 Duties on the

Manager of an HMO

Generally a household is a family (including co-habiting and same-sex

couples or other relationship, such as fostering, carers and domestic

staff). The definition of a family also includes parent, grandparent, child,

stepchild, grandchild, brother, sister, uncle, aunt, nephew, niece, cousin and

‘a relationship of the half-blood shall be treated as a relationship of the

whole blood’.

Each unrelated tenant sharing a property will be considered a single

household.

Properties which are shared by two individuals are exempt from the HMO

definition as are those with a resident landlord with no more than two

lodgers.

A self-contained unit is one which has a kitchen (or cooking area), bathroom

and toilet for the exclusive use of the household living in the unit. If

the occupiers needs to leave the unit to gain access to any one of these

amenities then the unit is not self-contained.

The Management of Houses in Multiple Occupation (England) Regulations

2006 and 2007 place specific duties on the manager of an HMO. Failure to

comply with the regulations is a criminal offence, leading to fines of up to

£5,000 on conviction. This section highlights some of the key duties in the

regulations:

Duty to provide information to occupiers

• the name, address and telephone number of the manager

must be provided to each household in the HMO and the same

information must be displayed in a prominent position in the

common parts of the HMO.

Duty to take safety measures

• means of escape from fire must be kept free of obstruction

and kept in good order and repair

• fire-fighting equipment, emergency lighting and alarms must

be kept in good working order

• all reasonable steps must be taken to protect occupiers from

injury with regard to the design of the HMO, its structural

condition and the total number of occupiers. In particular, any

unsafe roof or balcony must be made safe or all reasonable

measures taken to prevent access to them. Safeguards must

be provided to protect occupiers with windows with sills at or

near floor level

Duty to maintain the water supply and drainage

• these must be maintained in proper working order - namely

in good repair and clean condition. Specifically, storage tanks

must be effectively covered to prevent contamination of water,

and pipes should be protected from frost damage.

Duty to supply and maintain gas and electricity

• these should not be unreasonably interrupted by the landlord

The Responsibilities and Liabilities of the Landlord/Letting agent 39

1 Pre-tenancy

2.11.1 Duties of Occupiers of HMOs

or manager

• all fixed electrical installations must be inspected and tested

by a qualified engineer at least once every five years and a

periodic inspection report obtained

• the latest gas safety record and electrical safety test results

must be provided to the council within seven days of the

council making a written request for them.

Duty to maintain common parts, fixtures, fittings and appliances

• all common parts must be kept clean, safe, in good decorative

repair and working order and free from obstruction

• in particular, handrails and banisters must be provided and

kept in good order, any stair coverings securely fixed, windows

and other means of ventilation kept in good repair and

adequate light fittings available at all times for every occupier

to use

• gardens, yards, outbuildings, boundary walls/fences, gates,

etc., which are part of the HMO should be safe, maintained in

good repair, kept clean and present no danger to occupiers/

visitors

• any part of the HMO which is not in use (including areas giving

access to it) should be kept reasonably clean and free from

refuse and litter.

Duty to maintain living accommodation

• the internal structure, fixtures and fittings, including windows

and other means of ventilation, of each room should be kept

clean, in good repair and in working order. Each room and

all supplied furniture should be in a clean condition at the

beginning of the tenant’s occupation.

Duty to provide waste disposal facilities

• no litter should be allowed to accumulate, except for

that stored in bins provided in adequate numbers for the

requirements of the occupiers. Arrangements need to be made

for regular disposal of litter and refuse having regard to the

council’s collection service.

The regulations also place a number of duties upon the occupiers (the

tenants) of an HMO.

These duties include:

• not obstructing the manager in the performance of their

duties

• allowing the manager access to the accommodation at all

reasonable times for the purpose of carrying out their duties

• providing information to the manager which would be

reasonably expected to enable them to carry out their duties

• acting reasonably to avoid causing damage to anything the

40 The Responsibilities and Liabilities of the Landlord/Letting agent

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2.11.2 Duty to carry out a Fire Risk

Assessment

2.11.3 LGA (formerly LACORS)

National Fire Safety

Guidance

2.12 Licensing of Private

Rented Properties

manager is under a duty to supply, maintain or repair

• storing and disposing of litter and refuse as directed

• complying with reasonable instructions of the manager with

regard to any fire escape, fire prevention measures and fire

equipment.

If an occupier breaches their duties under the regulations it is likely to put

their tenancy at risk, and the landlord/manager may be able to take legal

action against the tenant. Tenants can also be prosecuted by the local

authority with a maximum fine of £5,000. The regulations impose duties

on both landlords/managers and tenants, and both can be prosecuted and

fined for breaching them.

The Regulatory Reform (Fire Safety) Order 2005 (known as the FSO)

introduced duties in relation to fire safety in the common areas of HMOs,

flats and maisonettes. The duty is placed on the responsible person, who

is required to carry out a fire risk assessment and take specific action to

minimise the risk of fire in the common parts. ‘Responsible person’ means

‘the person who has control of the premises in connection with the carrying

on of a trade, business or other undertaking’. In practice this will usually be

the landlord, but in the case of absentee landlords where the ‘carrying on

of the business’ is undertaken by a managing agent it may be the managing

agent.

Where a house is let as a shared house on a single tenancy then there are no

‘common parts’ and so a risk assessment is not required under the regulations.

These provisions are enforced by fire and rescue authorities and there is

therefore a dual enforcement regime in place in multi-occupancy premises. In

order to avoid duplication and the potential for conflict, a Fire Safety Protocol

has been established as a framework for joint working arrangements between

the fire and rescue authorities and local authorities.

In July 2008 the Local Authorities Co-ordinator of Regulatory Services

(LACORS) issued national fire safety guidance for landlords and local

authorities in England. As Welsh statutory fire safety requirements are very

similar, the guidance may also be relevant in Wales.

Compliance with the guidance will satisfy landlords’ legal requirements

under the Fire Safety Order, and is available at: www.lacors.gov.uk/lacors/

NewsArticleDetails.aspx?id=19844 (See two thirds down the page ‘To

download a PDF version...’)

The guidance explains the general principles of fire safety and how to carry

out and record a fire safety risk assessment.

Part D of the guidance provides very useful illustrations of the fire

precautions that may be suitable for the most common property types.

The illustrations are based on properties being of normal fire risk and the

guidance explains the factors that determine normal risk.

In addition to HMOs the guidance includes fire safety advice for singly

occupied properties. The Housing Act 2004 requires such properties to be

fire safe.

The Housing Act 2004 introduced licensing of private rented premises. It is

compulsory to license larger, higher-risk dwellings, but local authorities are

The Responsibilities and Liabilities of the Landlord/Letting agent 41

1 Pre-tenancy

2.12.1 Purpose of Licensing

2.12.2 Mandatory Licensing of

HMOs

2.12.3 Additional Licensing of

HMOs

2.12.4 Selective Licensing of Other

Residential Accommodation

also able to license other types of rented premises, including other lowerrisk HMOs and individual houses and flats, if they can establish that other

avenues for tackling problems in these properties have been exhausted.

Licensing is intended to make sure that:

1. a landlord is a fit and proper person (or employs a manager

who is)

2. each premises is suitable for occupation and

3. the standard of management is adequate.

This is to ensure tenants are protected and that the risk of anti-social

behaviour is reduced. High-risk premises can be identified through

licensing and targeted for improvement by a local authority under the

Housing Health and Safety Rating System (HHSRS).

The landlord of a licensable dwelling must apply to the local authority for a

licence. The local authority can clarify whether a property is licensable.

If the landlord refuses to apply for a licence (or cannot satisfy the ‘fit and

proper’ person criterion) and does not use a managing agent, the local

authority must manage the property instead.

More information about mandatory HMO licensing can be found below and

on the CLG website at www.communities.gov.uk.

Mandatory licensing applies if the HMO or any part of it:

• comprises three storeys or more

• is occupied by five or more persons and

• is occupied by persons from two or more households.

The Housing Act 2004 gives local authorities the discretion to establish

additional HMO licensing schemes, to cover smaller types of HMO where

management problems have been identified.

Before setting up such a scheme, the local authority must follow the legal

process which includes:

• identifying the problems arising from that type of HMO

• considering whether any other course of action to deal with

the problems is available

• ensuring the scheme is consistent with their local housing

strategy

• consulting with those likely to be affected including tenants,

landlords, landlord organisations etc.

A scheme does not come into effect until three months after it is made and

a scheme may last for up to five years.

Part 3 of the Housing Act 2004 gives local authorities the discretion

to introduce selective licensing schemes to cover all privately rented

property, but not HMOs which are covered by Mandatory and Additional

Licensing, in designated areas which suffer, or are likely to suffer from,

low housing demand and also those which suffer from significant and

persistent anti-social behaviour. The use of this discretionary power is

subject to local consultation.

Before setting up such a scheme, the local authority must follow the legal

42 The Responsibilities and Liabilities of the Landlord/Letting agent

1 Pre-tenancy

2.12.5 Applying for a Licence

2.12.6 Fit and Proper Person Test

2.12.7 Licence Conditions

process which includes:

• identifying the problems arising from that type of HMO

• considering whether any other course of action to deal with

the problems is available

• ensuring the scheme is consistent with their local housing

strategy

• consulting with those likely to be affected including tenants,

landlords, landlord organisations etc.

A scheme does not come into effect until three months after it is made and

may last up to five years.

Anyone who owns or manages a licensable premises, whether under the

mandatory scheme or an additional or selective scheme, has to apply to the

local authority for a licence.

The local authority must give a licence if it is satisfied that the:

• HMO is reasonably suitable for occupation by the number of

people allowed under the licence

• the proposed licence holder or the proposed manager (if there

is one) is a fit and proper person

• the proposed licence holder is the most appropriate person to

hold the licence

• the proposed management arrangements are satisfactory

• the person involved in the management of an HMO is

competent and the financial structures for the management

are suitable.

In determining whether the licence applicant is a ‘fit and proper person’ the

local authority will take into account a number of factors, including:

• any unspent convictions relating to violence, sexual offences,

drugs and fraud

• whether the person has breached any housing or landlord and

tenant law

• whether they have been found guilty of unlawful

discrimination.

A licence will last for up to five years and the local authority normally

charges a fee to cover the cost of issuing the licence. In some local

authorities discounts are given if the landlord or property is accredited or if

an application is made with a plan.

The licence will specify the maximum number of people who may live in

the property. The following conditions must apply to every licence:

• a valid current gas safety record, which is renewed annually,

must be provided (for properties that have gas)

• proof that all electrical appliances and furniture are kept in a

safe condition

• proof that all smoke alarms and emergency lights are correctly

positioned and installed

• each occupier must have a written statement of the terms on

which they occupy the property. This may be, but does not

have to be, a tenancy agreement.

The Responsibilities and Liabilities of the Landlord/Letting agent 43

1 Pre-tenancy

2.12.8 Renewing a Licence

2.12.9 Properties where a Licence

may be refused

2.12.10Temporary Exemption from

Licensing

For a selective licence there is a requirement for references from

prospective occupiers.

The local authority may also apply other conditions of their own which may

include any of the following:

• restrictions or prohibitions on the use of parts of the property

by occupants

• action necessary to deal with the anti-social behaviour of

occupants or visitors

• ensuring the condition of the property and its contents, such

as furniture and all facilities and amenities (e.g. bathroom and

toilets) are in good working order and ensuring that specified

works or repairs are carried out within certain time limits

• for an HMO, a requirement that the responsible person attends

an approved training course in relation to any approved code

of practice.

Many licences, first issued for five years, are now coming up for renewal.

There has been no change in primary legislation so a property that is

currently licensed will need its licence renewed in order to operate

legally. If there has been no significant change in the property, many local

authorities are now asking landlords to renew their initial licence rather

than reapply as if an entirely new licence was required. Contact the local

authority or check on their website which is the easiest way of renewing

the licence. It is important that a renewal is requested before the initial

licence runs out.

If the property is not suitable for the number of occupants, is not properly

managed or the landlord or manager is not a fit and proper person, a

licence will not be granted. If a property cannot be granted a licence the

council must make an Interim Management Order (IMO), which will allow

the local authority to manage the property (either directly or indirectly

through a nominated partner).

The IMO can last for a year until suitable permanent management

arrangements can be made. If the IMO expires and there has been no

improvement, then the council can issue a Final Management Order (FMO).

This can last up to five years and can be renewed.

If the landlord or person in control of the property intends to stop

operating as a licensable property or legally reduce the numbers of

occupants and can provide evidence of this, then they can apply for a

Temporary Exemption Notice (TEN).

This lasts for a maximum of three months and ensures that a property in

the process of being converted from a licensable property does not need to

be licensed. If the situation is not resolved, then the landlord can apply for

a second Temporary Exemption Notice for a further three months.

When this expires the property must be licensed, become subject to an

IMO, or cease to be a licensable property. TENs also apply where the licence

holder dies. The property will be treated as if it is subject to an exemption

notice for three months, during which time the estate can either apply for a

new licence or cease to run the property as a licensable property. If it takes

longer than the initial three months the estate can apply for one further

44 The Responsibilities and Liabilities of the Landlord/Letting agent

1 Pre-tenancy

2.12.11Right of Appeal Against a

Local Authority’s Decision

2.12.12Offences

2.12.13Rent Repayment Orders

2.13 Planning Control

exemption notice.

A landlord can appeal to the Residential Property Tribunal Service (RPTS),

normally within 28 days, if the local authority refuses a licence, grants a

licence with conditions or revokes or varies a licence.

More information about the work of the RPTS and the jurisdiction of

residential property tribunals under the Housing Act 2004 can be obtained

from www.justice.gov.uk/tribunals/residential-property

It is a criminal offence if the landlord or the person in control of the

property fails to apply for a licence for a licensable property or allows a

property to be occupied by more people than are permitted under the

licence. A fine of up to £20,000 may be imposed. In addition, breaking any

of the licence conditions can result in fines of up to £5,000. Note also, that

no section 21 notice [see section 5.5.7 for more information about section

21 notices] may be given in relation to a shorthold tenancy of a part of a

licensable HMO so long as it remains unlicensed. This means that where

a licence is compulsory, unlicensed HMO landlords will be unable to evict

their tenants by the notice-only section 21 procedure.

The local authority may apply to the RPTS for a ‘rent repayment order’

allowing it to reclaim any housing benefit that has been paid during the

time the property was without a licence up to a maximum of 12 months.

A tenant living in a property may also make an application to claim back

any rent they have paid during the unlicensed period, up to a maximum

of 12 months, if the landlord has been convicted of operating a licensable

HMO without a licence, or has been required by a rent repayment order to

make a payment to the local authority in respect of housing benefit on the

property.

For more information about HMO licensing go to: www.communities.gov.

uk/housing/rentingandletting/privaterenting/housesmultiple/

For more information about selective licensing go to: www.communities.

gov.uk/housing/rentingandletting/privaterenting/selectivelicensing/

Planning approval is essentially about controlling the use of land and is

required to alter, extend or change the use of existing properties, or to

make changes to a listed building or to a property in a conservation area.

Planning approval is needed when a previously singly occupied property is

converted into bedsit units or flats.

Approval is not normally required for a property let as a shared HMO for up

to six tenants on a group contract, living together as a single household and

where no significant changes have been made to the property. For a group

of seven or more the presumption should be made that approval may be

needed and the advice of the local planning authority should be obtained.

In around 25 towns (mainly associated with large numbers of students)

local authorities have obtained what are known as Article 4 powers, which

means that planning permission is required for any new HMOs. HMOs that

existed before these powers came into effect retain their use whilst being

used as HMOs.

In each locality there will be a separate planning policy or guidance

pertinent to a designated area of control. In this case, the guidance of

The Responsibilities and Liabilities of the Landlord/Letting agent 45

1 Pre-tenancy

the planning authority should be sought before undertaking any work to

convert a house to an HMO as permission for this may not be forthcoming.

If an existing HMO is being purchased, the purchasers should ask for

confirmation from the seller (normally in the form of a letter from the

relevant planning authority) that the house has been previously used as an

HMO.

These are comparatively new and evolving powers and there is still

much confusion and uncertainty about the policies being followed. What

happens if a house changes occupancy levels? Is existing HMO usage based

on current or previous occupancy?) What happens if a house is let to a

single household and then reverts back to an HMO?

To obtain planning approval, an application with detailed drawings and

payment of a fee is made to the local planning authority. The authority will

consider the application, may consult with local residents and will then

issue a decision with the reasons for that decision. The approval may have

conditions attached.

An applicant aggrieved by the decision can appeal against it to the Planning

Inspector or may negotiate with the planning authority and amend and resubmit the application.

Enforcement action can be taken against unapproved developments

requiring the reinstatement of the property back to its original condition.

The interactive site given below provides an illustration of works that

require Planning and Building Regulations approval. www.planningportal.

gov.uk/uploads/hhg/houseguide.html

Unapproved conversions of singly occupied houses to HMOs and flats are

outside the time limits for enforcement action by planning authorities if

established use can be proved for 10 years in the case of bedsit properties,

and four years for buildings in flats.

After the above time periods an application can be made to the planning

authority for a Certificate of Lawful Use (CLU). This means that the use of

the property is lawful despite the use not having planning approval.

New ‘building work’ must comply with Building Regulations and includes:

• installation of a service, e.g. washing or sanitary facilities

• material alterations to the structure

• conversions to flats

• some major repairs.

There are two optional procedures available to carry out works with

Building Regulations approval for which a fee is payable.

1. Full Plans Application

This is the normal procedure for most works, whereby the local authority’s

Building Control Service approves plans and details of the proposed

works as being compliant before works commence. The application can

be approved with or without conditions, or refused or have amendments

2.13.1 Obtaining Planning

Approval

2.13.2 Certificate of Lawful Use

2.14 Building Regulations

Approval

2.14.1 Obtaining Building

Regulations Approval

46 The Responsibilities and Liabilities of the Landlord/Letting agent

1 Pre-tenancy

requested.

A Commencement Notice is given to the Building Control Inspector when

works start. At pre-determined critical stages the contractor notifies the

inspector that certain works are being carried out so that those works can

be inspected to check compliance before being covered over.

A Completion Certificate is issued by the inspector at the end of work

stating that the works have been carried out in compliance with Building

Regulations.

2. Building Notice Procedure

This procedure is suitable for small-scale works that need to progress

quickly and where pre-approval of plans is not essential.

The contractor gives a Building Notice to the Building Control Service that

works are about to start and which will then be inspected as they progress.

The contractor will be advised if any works are not likely to be Building

Regulations compliant so corrective action can be taken.

An alternative to using a local authority building control service is to

use a private sector approved inspector’s building control service.

The procedures are similar with the exception of some additional

administration to keep the local authority, as the statutory enforcement

authority, informed of progress.

‘Unapproved’ building works are liable to enforcement action if discovered

within 12 months of completion.

Further information is available from:

www.direct.gov.uk/en/HomeAndCommunity/Planning/

BuildingRegulations/DG_10014170

THE PROTOCOL

4 Alternative dispute resolution

4.1 The parties should consider whether some form of alternative dispute resolution procedure would be more suitable than litigation and if so, try to agree which form to use. Both the landlord and the tenant may be required by the court to provide evidence that alternative means of resolving their dispute were considered.

The courts take the view that litigation should be a last resort, and that claims should not be issued while a settlement is still actively being explored. Parties should be aware that the court will take into account the extent of the parties’ compliance with this Protocol when making orders about who should pay costs.

4.2 Options for resolving a dispute include the following—

(a) mediation: information about mediation can be found at http://www.civilmediation.org/contact.php

(b) for council tenants—

Local authority repairs, complaints and/or arbitration procedures.

The Right to Repair Scheme. The scheme is only suitable for small, urgent repairs of less than £250 in value. Information and leaflets about the scheme in England can be obtained from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU. Tel: 0303 444 0000 (https://www.gov.uk/repair-council-property).

Information about the scheme in Wales can be obtained from the National Assembly for Wales, Cardiff Bay, Cardiff, CF99 1NA. Tel. 0845 010 5500 http://www.assemblywales.org/index.htm

In England, the Housing Ombudsman Service 81 Aldwych London WC2B 4HN Tel 0300 111 3000 http://www.housing-ombudsman.org.uk/

In Wales the Public Services Ombudsman for Wales. Tel. 0300 790 0203 http://www.ombudsman-wales.org.uk

(c) for housing association tenants and for tenants of qualifying private landlords—

Any complaints procedure operated by the landlord.

In England, the Housing Ombudsman Service, 81 Aldwych, London. WC2B 4HN Tel: 0300 111 3000 http://www.housing-ombudsman.org.uk/

In Wales, the National Assembly for Wales, Cardiff Bay, Cardiff, CF99 1NA. Tel. 0845 010 5500 http://www.assemblywales.org/index.htm

Information about repair rights generally is available free of charge from the following web pages: http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions and http://www.communitylegaladvice.org.uk/en/legalhelp/leaflet04_1.jsp.

The former Department for Transport, Local Government and the Regions issued Good Practice Guidance on Housing Disrepair Legal Obligations in January 2002. Copies of the Guidance (ISBN 185112523X) can be obtained from Communities and Local Government Publications, PO Box 236, Wetherby LS23 7NB. Tel: 0300 123 1124. Fax:0300 123 1125. Textphone: 0870 1207 405. E-mail: product@communities.gsi.gov.uk. (free to download from the Communities and Local Government website at http://www.communities.gov.uk/publications/housing/deliveringhousingadaptations2).

A summary, Housing Research Summary No. 154, is available free on the Communities and Local Government website at the following link http://www.communities.gov.uk/archived/publications/housing/housingdisrepair. The Communities and Local Government website http://www.communities.gov.uk is a general source of information for landlords and tenants.

Homelessness Reduction Act 2017

Threatened homelessness

1.Meaning of “threatened with homelessness”

Advisory services

2.Duty to provide advisory services

Assessments and plans

3.Duty to assess all eligible applicants' cases and agree a plan

Duties to those who are homeless or threatened with homelessness

4Duty in cases of threatened homelessness

(1)The Housing Act 1996 is amended as follows.

(2)For section 195 (duties in case of threatened homelessness) substitute—

“195Duties in cases of threatened homelessness

(1)This section applies where the local housing authority are satisfied that an applicant is—

(a)threatened with homelessness, and

(b)eligible for assistance.

(2)The authority must take reasonable steps to help the applicant to secure that accommodation does not cease to be available for the applicant's occupation.

(3)In deciding what steps they are to take, the authority must have regard to their assessment of the applicant's case under section 189A.

(4)Subsection (2) does not affect any right of the authority, whether by virtue of contract, enactment or rule of law, to secure vacant possession of any accommodation.

(5)If any of the circumstances mentioned in subsection (8) apply, the authority may give notice to the applicant bringing the duty under subsection (2) to an end.

(6)But the authority may not give notice to the applicant under subsection (5) on the basis that the circumstances in subsection (8)(b) apply if a valid notice has been given to the applicant under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) that—

(a)will expire within 56 days or has expired, and

(b)is in respect of the only accommodation that is available for the applicant's occupation.

(7)The notice must—

(a)specify which of the circumstances apply, and

(b)inform the applicant that the applicant has a right to request a review of the authority's decision to bring the duty under subsection (2) to an end and of the time within which such a request must be made.

(8)The circumstances are that the authority are satisfied that—

(a)the applicant has—

(i)suitable accommodation available for occupation, and

(ii)a reasonable prospect of having suitable accommodation available for occupation for at least 6 months, or such longer period not exceeding 12 months as may be prescribed, from the date of the notice,

(b)the authority have complied with the duty under subsection (2) and the period of 56 days beginning with the day that the authority are first satisfied as mentioned in subsection (1) has ended (whether or not the applicant is still threatened with homelessness),

(c)the applicant has become homeless,

(d)the applicant has refused an offer of suitable accommodation and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed,

(e)the applicant has become homeless intentionally from any accommodation that has been made available to the applicant as a result of the authority's exercise of their functions under subsection (2),

(f)the applicant is no longer eligible for assistance, or

(g)the applicant has withdrawn the application mentioned in section 183(1).

(9)A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.

(10)The duty under subsection (2) can also be brought to an end under sections 193B and 193C (notices in cases of applicant's deliberate and unreasonable refusal to co-operate).”

(3)In section 184 (inquiry into cases of homelessness or threatened homelessness), in subsection (3A)—

(a)omit “or 195(2)”;

(b)omit “or (as the case may be) section 195(4A)”.

(4)In section 195A (re-application after private rented sector offer)—

(a)omit subsections (3) and (4);

(b)in subsection (5), omit “or (3)”;

(c)in subsection (6), omit “or (3)” (in both places).

(5)Omit section 196 (becoming threatened with homelessness intentionally).

(6)In section 204 (right of appeal to the county court on point of law), in subsection (4), omit “or had the power under section 195(8) to do so,”.

(7)In section 213A (co-operation in certain cases involving children)—

(a)in subsection (1)—

(i)at the end of paragraph (a) insert “ or ”;

(ii)omit paragraph (c) and the “or” preceding it;

(b)in subsection (5)(a), for the words from “assistance” to the second “intentionally” substitute “ assistance or became homeless intentionally ”.

(8)In section 218 (index of defined expressions: Part 7), in the Table, omit the entry for “intentionally threatened with homelessness”.

Annotations: Help about Annotation

Commencement Information

I1

S. 4 in force at 3.4.2018 by S.I. 2018/167, reg. 3(d) (with reg. 4(1))

5Duties owed to those who are homeless

(1)The Housing Act 1996 is amended as follows.

(2)Before section 190, but after the heading before that section (duties to persons found to be homeless or threatened with homelessness), insert—

“189BInitial duty owed to all eligible persons who are homeless

(1)This section applies where the local housing authority are satisfied that an applicant is—

(a)homeless, and

(b)eligible for assistance.

(2)Unless the authority refer the application to another local housing authority in England (see section 198(A1)), the authority must take reasonable steps to help the applicant to secure that suitable accommodation becomes available for the applicant's occupation for at least—

(a)6 months, or

(b)such longer period not exceeding 12 months as may be prescribed.

(3)In deciding what steps they are to take, the authority must have regard to their assessment of the applicant's case under section 189A.

(4)Where the authority—

(a)are satisfied that the applicant has a priority need, and

(b)are not satisfied that the applicant became homeless intentionally,the duty under subsection (2) comes to an end at the end of the period of 56 days beginning with the day the authority are first satisfied as mentioned in subsection (1).

(5)If any of the circumstances mentioned in subsection (7) apply, the authority may give notice to the applicant bringing the duty under subsection (2) to an end.

(6)The notice must—

(a)specify which of the circumstances apply, and

(b)inform the applicant that the applicant has a right to request a review of the authority's decision to bring the duty under subsection (2) to an end and of the time within which such a request must be made.

(7)The circumstances are that the authority are satisfied that—

(a)the applicant has—

(i)suitable accommodation available for occupation, and

(ii)a reasonable prospect of having suitable accommodation available for occupation for at least 6 months, or such longer period not exceeding 12 months as may be prescribed, from the date of the notice,

(b)the authority have complied with the duty under subsection (2) and the period of 56 days beginning with the day that the authority are first satisfied as mentioned in subsection (1) has ended (whether or not the applicant has secured accommodation),

(c)the applicant has refused an offer of suitable accommodation and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed,

(d)the applicant has become homeless intentionally from any accommodation that has been made available to the applicant as a result of the authority's exercise of their functions under subsection (2),

(e)the applicant is no longer eligible for assistance, or

(f)the applicant has withdrawn the application mentioned in section 183(1).

(8)A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.

(9)The duty under subsection (2) can also be brought to an end under—

(a)section 193A (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or

(b)sections 193B and 193C (notices in cases of applicant's deliberate and unreasonable refusal to co-operate).”

(3)In section 184 (inquiry into cases of homelessness)—

(a)in subsection (3A), after “duty is” insert “ , or after the authority's duty to the applicant under section 189B(2) comes to an end would be, ”;

(b)in subsection (4), for “under section 198 (referral of cases)” substitute “ in England under section 198(A1) (referral of cases where section 189B applies) ”.

(4)In section 188 (interim duty to accommodate in case of apparent priority need)—

(a)for subsection (1) substitute—

“(1)If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant's occupation.

(1ZA)In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—

(a)where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or

(b)otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.

(1ZB)In any other case, the duty under subsection (1) comes to an end upon the later of—

(a)the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and

(b)the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.”;

(b)in subsection (1A), for “pending a decision of the kind referred to in subsection (1)” substitute “ until the later of paragraph (a) or (b) of subsection (1ZB). ”;

(c)for subsection (3) substitute—

“(2A)For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority's decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193A), the authority's duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193A(2) until the decision on the review has been notified to the applicant.

(3)Otherwise, the duty under this section comes to an end in accordance with subsections (1ZA) to (1A), regardless of any review requested by the applicant under section 202.But the authority may secure that accommodation is available for the applicant's occupation pending a decision on review.”

(5)In section 190 (duties to persons becoming homeless intentionally)—

(a)for subsection (1) substitute—

“(1)This section applies where—

(a)the local housing authority are satisfied that an applicant—

(i)is homeless and eligible for assistance, but

(ii)became homeless intentionally,

(b)the authority are also satisfied that the applicant has a priority need, and

(c)the authority's duty to the applicant under section 189B(2) has come to an end.”;

(b)in subsection (2), for the words before paragraph (a) substitute “ The authority must— ”;

(c)omit subsection (3);

(d)in subsection (5), omit “or (3)”.

(6)Omit section 192 (duty to persons not in priority need who are not homeless intentionally).

(7)In section 193 (duty to persons with priority need who are not homeless intentionally), for subsection (1) substitute—

“(1)This section applies where—

(a)the local housing authority—

(i)are satisfied that an applicant is homeless and eligible for assistance, and

(ii)are not satisfied that the applicant became homeless intentionally,

(b)the authority are also satisfied that the applicant has a priority need, and

(c)the authority's duty to the applicant under section 189B(2) has come to an end.”

(8)In section 198 (referral of case to another local housing authority), before subsection (1) insert—

“(A1)If the local housing authority would be subject to the duty under section 189B (initial duty owed to all eligible persons who are homeless) but consider that the conditions are met for referral of the case to another local housing authority in England, they may notify that other authority of their opinion.”

(9)After section 199 insert—

“199ADuties to the applicant whose case is considered for referral or referred under section 198(A1)

(1)Where a local housing authority (“the notifying authority”) notify an applicant that they intend to notify or have notified another local housing authority in England (“the notified authority”) under section 198(A1) of their opinion that the conditions are met for referral of the applicant's case to the notified authority, the notifying authority—

(a)cease to be subject to any duty under section 188 (interim duty to accommodate in case of apparent priority need), and

(b)are not subject to the duty under section 189B (initial duty owed to all eligible persons who are homeless).

(2)But, if the notifying authority have reason to believe that the applicant may have a priority need, they must secure that accommodation is available for occupation by the applicant until the applicant is notified of the decision as to whether the conditions for referral of the applicant's case are met.

(3)When it has been decided whether the conditions for referral are met, the notifying authority must give notice of the decision and the reasons for it to the applicant.The notice must also inform the applicant of the applicant's right to request a review of the decision and of the time within which such a request must be made.

(4)If it is decided that the conditions for referral are not met—

(a)the notifying authority are subject to the duty under section 189B,

(b)the references in subsections (4) and (7)(b) of that section to the day that the notifying authority are first satisfied as mentioned in subsection (1) of that section are to be read as references to the day on which notice is given under subsection (3) of this section, and

(c)if the notifying authority have reason to believe that the applicant may have a priority need, they must secure that accommodation is available for occupation by the applicant until the later of—

(i)the duty owed to the applicant under section 189B coming to an end, and

(ii)the authority deciding what other duty (if any) they owe to the applicant under this Part after the duty under section 189B comes to an end.

(5)If it is decided that the conditions for referral are met—

(a)for the purposes of this Part, the applicant is to be treated as having made an application of the kind mentioned in section 183(1) to the notified authority on the date on which notice is given under subsection (3),

(b)from that date, the notifying authority owes no duties to the applicant under this Part,

(c)where the notifying authority have made a decision as to whether the applicant is eligible for assistance, is homeless or became homeless intentionally, the notified authority may only come to a different decision if they are satisfied that—

(i)the applicant's circumstances have changed, or further information has come to light, since the notifying authority made their decision, and

(ii)that change in circumstances, or further information, justifies the notified authority coming to a different decision to the notifying authority, and

(d)the notifying authority must give to the notified authority copies of any notifications that the notifying authority have given to the applicant under section 189A(3) or (10) (notifications of the notifying authority's assessments of the applicant's case).

(6)A duty under subsection (2) or paragraph (c) of subsection (4) ceases as provided in the subsection or paragraph concerned even if the applicant requests a review of the authority's decision upon which the duty ceases.The authority may secure that accommodation is available for the applicant's occupation pending the decision on review.

(7)A notice under this section must be given in writing and, if not received by the applicant, is to be treated as having been given to the applicant if it is made available at the authority's office for a reasonable period for collection by or on behalf of the applicant.”

(10)In section 200 (duties to the applicant whose case is considered for referral or referred)—

(a)in the heading, after “referred” insert “ under section 198(1) ”;

(b)in subsection (1), after “another local housing authority” insert “ under section 198(1) ”;

(c)after that subsection insert—

“(1A)A local housing authority in England may not notify an applicant as mentioned in subsection (1) until the authority's duty to the applicant under section 189B(2) (initial duty owed to all eligible persons who are homeless) has come to an end.”;

(d)in subsection (6), omit “required to be”.

(11)In section 204 (right of appeal to county court on point of law), in subsection (4), after “190” insert “ , 199A ”.

(12)In section 211 (protection of property of homeless persons and persons threatened with homelessness), in subsection (2), after “accommodate),” insert— “ section 189B (initial duty owed to all eligible persons who are homeless), ”.

4.Duty in cases of threatened homelessness

5.Duties owed to those who are homeless

6.Duties to help to secure accommodation

6Duties to help to secure accommodation

In section 205 of the Housing Act 1996 (discharge of functions: introductory), after subsection (2) insert—

“(3)For the purposes of this section, a local housing authority's duty under section 189B(2) or 195(2) is a function of the authority to secure that accommodation is available for the occupation of a person only if the authority decide to discharge the duty by securing that accommodation is so available.”

Failure to co-operate by an applicant for assistance

7.Deliberate and unreasonable refusal to co-operate: duty upon giving of notice

Local connection

8.Local connection of a care leaver

Reviews of local housing authority decisions etc

9.Reviews

Duty on public authorities in England to refer cases

Duty of public authority to refer cases to local housing authority

After section 213A of the Housing Act 1996, but before the heading after that section (general provisions), insert—

“213BDuty of public authority to refer cases in England to local housing authority

(1)This section applies if a specified public authority considers that a person in England in relation to whom the authority exercises functions is or may be homeless or threatened with homelessness.

(2)The specified public authority must ask the person to agree to the authority notifying a local housing authority in England of—

(a)the opinion mentioned in subsection (1), and

(b)how the person may be contacted by the local housing authority.

(3)If the person—

(a)agrees to the specified public authority making the notification, and

(b)identifies a local housing authority in England to which the person would like the notification to be made,the specified public authority must notify that local housing authority of the matters mentioned in subsection (2)(a) and (b).

(4)In this section “specified public authority” means a public authority specified, or of a description specified, in regulations made by the Secretary of State.

(5)In subsection (4) “public authority” means a person (other than a local housing authority) who has functions of a public nature.”

10.Duty of public authority to refer cases to local housing authority

Codes of practice

Codes of practice

After section 214 of the Housing Act 1996 insert— 

“214ACodes of practice

(1)The Secretary of State may from time to time issue one or more codes of practice dealing with the functions of a local housing authority in England relating to homelessness or the prevention of homelessness.

(2)The provision that may be made by a code of practice under this section includes, in particular, provision about—

(a)the exercise by a local housing authority of functions under this Part;

(b)the training of an authority's staff in relation to the exercise of those functions;

(c)the monitoring by an authority of the exercise of those functions.

(3)A code of practice may—

(a)apply to all local housing authorities or to the local housing authorities specified or described in the code;

(b)contain different provision for different kinds of local housing authority.

(4)The Secretary of State may issue a code of practice under this section only in accordance with subsections (5) and (6).

(5)Before issuing the code of practice, the Secretary of State must lay a draft of the code before Parliament.

(6)If—

(a)the Secretary of State lays a draft of the code before Parliament, and

(b)no negative resolution is made within the 40-day period,

the Secretary of State may issue the code in the form of the draft. 

(7)For the purposes of subsection (6)—

(a)a “negative resolution” means a resolution of either House of Parliament not to approve the draft of the code, and

(b)“the 40-day period” means the period of 40 days beginning with the day on which the draft of the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).

(8)In calculating the 40-day period, no account is to be taken of any period during which—

(a)Parliament is dissolved or prorogued, or

(b)both Houses are adjourned for more than four days.

(9)The Secretary of State may—

(a)from time to time revise and reissue a code of practice under this section;

(b)revoke a code of practice under this section.

(10)Subsections (4) to (6) do not apply to the reissue of a code of practice under this section.

(11)The Secretary of State must publish the current version of each code of practice under this section in whatever manner the Secretary of State thinks fit.

(12)A local housing authority must have regard to a code of practice under this section in exercising their functions.”

11.Codes of practice

Suitability of accommodation

12.Suitability of private rented sector accommodation

General

13.Extent, commencement and short title

LETTER OF CLAIM

(a) Letter from solicitor

To Landlord

Dear Sirs,

RE: Darren Law

We are instructed by your above named tenant. (Where the tenant is legally aided or a party to a conditional fee agreement entered into before 1 April 2013 by the Tenant, We are using the Housing Disrepair Protocol. We enclose a copy of the Protocol for your information.*

Repairs

Your tenant complains of the following defects at the property in a state of unhygienic conditions and unsanitary and not fit for purpose

We enclose a schedule which sets out the disrepair in each room.*

The history of the disrepair is as follows: the landlord failed to make the property into a safe clean and hygienic place to reside, previous tenants effects in property causing unhygienic conditions and no lighting or access to hot water,

You received notice of the previous defects as follows: (photographs and video and voice recordings to be submitted).

The defects at the property are caused anxiety, panic attacks, p.t.s.d attacks, stress, mental and emotional trauma and physical trauma, IE damage was caused to lower back by falling over in previous accommodation, that lacked lights and hadn't been cleaned after previous tenant left, it had food feces and drugs paraphernalia scattered around as well as previous tenants other effects on the floor (causing me to trip and fall over them in the dark, resulting in a 2 inch round cut on skin above 3 vertebrae due to impact with sideboard and wall, neglect and breach of duty of care by landlord

Please arrange to inspect the property as soon as possible.

Please confirm whether you intend to carry out repairs at this stage or whether you wish to wait until the property has been inspected by the expert(s) as set out below.

If you intend to carry out repairs at this stage, please set out a full schedule of intended works including anticipated start and completion dates and a timetable for the works

Disclosure

Please also provide within 20 working days of this letter the following:

All relevant records or documents including:

(i) a copy of the tenancy agreement including the tenancy conditions

(ii) the tenancy file

(iii) documents relating to notice of disrepair given, including copies of any notes of meetings and oral discussions

(iv) inspection reports or documents relating to works required to the property.

(iv) computerised records

We enclose a signed authority from our client for you to release this information to us.

We also enclose copies of the following relevant documents from our client:

photographs video and voice recordings

Expert

If agreement is not reached about the carrying out of repairs within 20 working days of this letter, we propose that the parties agree to jointly instruct a single joint expert to carry out an inspection of the property and provide a report. .

Please let us know if you agree to his/her appointment. If you object, please let us know your reasons within 20 working days.

If you do not object to the expert being instructed as a single joint expert, but wish to provide your own instructions, you should send those directly to (insert expert’s name) within 20 working days of this letter. Please send us a copy of your letter of instruction. If you do not agree to a single joint expert, we will instruct (insert expert’s name) to inspect the property in any event. In those circumstances, if you wish to instruct your expert to attend at the same time, please let us and (insert expert’s name) know within 20 working days.

Claim

We take the view that you are in breach of your repairing obligations and duty of care as well as housing act Please provide us with your proposals for compensation. (Alternatively, set out suggestions for general damages i.e. £x for x years).

Our client also requires compensation for special damages, and we forward a schedule of the special damages claimed.*

Yours faithfully,

D Law.

https://en.wikipedia.org/wiki/English_tort_law#Damages

https://en.wikipedia.org/wiki/English_tort_law#Public_bodies

https://en.wikipedia.org/wiki/English_tort_law#Duty_of_care

https://en.wikipedia.org/wiki/English_tort_law#Negligence

-------- Forwarded message ----------

From: edio bangerz <dazlaw88@gmail.com>

Date: Monday, January 28, 2019

Subject: 

To: rdutchman@wakefield.gov.uk

reasonable grounds for unsuitability 

F.A.O, Ms S Maven, R Dutchman

1. i have no money and can not provide the necessary things required, as i was told i would need to provide such things as bedding, plates, knifes, forks, spoons etc, and i don't get paid until next week so i also have no food for the rest of the week and i have to eat at CAP community awareness project as i have no other option as i have to attend as my medication requires me to have eaten before hand to avoid stomach and kidney damage,

2. due to my chronic ill health i am unable to walk long distances at all or stay upwardly mobile without being in severe pain and collapsing, making the reaching of food and making it to my medical appointments impossible to do, which will have a very big direct impact on my health and well be mainly in the form of if don't keep to my appointments and collect my medications, i will most likely die from extreme health implications followed shortly after or alternatively by starvation,

3. when inspecting the property from what i could see, which wasn't much, it did look clean initially, and i continued to walk around to the side window, it was then i noticed it had been vandalised at some point with spray paint as it is right next to the main door, and i looked down by the door to see several discarded syringes and empty tablet casings scattered about, so i made a few enquires of my own with regards to who had lived there previously and what the area was like and i found out it had been a boyfriend and girlfriend in there before and that they were prolific drug users, who used to have other prolific drug and criminal offenders and users turning up and banging on the windows and door to get in, at all hours day and night, and i cannot be put into that type of situation as its unsafe for me and will trigger my ill health problems such as PTSD and anxiety and panic attacks, and cannot be put under those conditions without it directly effecting me in the worst possible way,

4. i have severe and painful health problems PTSD, anxiety attacks, blackout's, nerve damage, chronic pain, panic attacks, dizzy spell, and chronic bronchial asthma  which has caused me to have collapsed lungs a few times and other health problems that limit my day to day activities severely, and i suffer with tremendous amount of physical pain in my hands, arms, back, head and ankles, and i cannot take any pain killers at all for it due to some of my other medications and treatments plans, which leave me in  a great deal of pain due to being hit by cars on multiple occasions and lots of other physical traumas's, like accidentally chopping off my left hand and index finger, which had to be reattached by a plastic surgeon, as i had managed to cut clean through all the nerves and muscles and tendons which has resulted in leaving me with complete nerve damage and no feeling at all in it, and has caused other long term problems with my blood circulation, which has been made even worse when i had another accident in which i shattered my ankles in-multiple places and tore all the tendons, nerves, ligaments and shattered many of the small bones on the inside of my foot, which required me to have an operation to insert a large metal bolt into my heel and through to hold the bones together, which i was unable to have done due to a great personal tragedy for me that happened at the same time, and then had a medical mistake that caused all the veins and arteries in my leg to swell up due to the wrong treatment being applied causing pressure and my entire lower left leg  bubble up, and all the veins collapse, i also have pain in my spine hands and legs which has left me so i cannot keep my weight on my feet or standing or walking for any great length of time due to my many traumatic life issues,

5. when i had to leave my home on the advice of the police for my own personal safety, due to one of the other tenants repeatedly assaulting myself and two other tenants, i was spending time house sitting in London for a week and received a call from west Yorkshire police, saying they needed to speak to me about the property as after myself and other tenants had left and moved out, the letting agent had sold the property and the new agents went to view it, to find that the "steroid nutter" left in the property, he had pretty much destroyed it all by smashing holes in walls, and breaking the boiler, smashing the doors off every room, and breaking all the furniture, and filling it with rubbish almost to the ceiling in some parts and carved his name into the work surface's and even started pulling the copper wiring out and shooting at the walls with a gas gun as he is a deranged psycho with severe mental issues, they showed me the photo's of what he had done and they requested to see emails that i had sent to the previous agent about his actions to myself and the other tenants, that i had sent to the agent, they then informed me they were going back to arrest him for criminal damage, and that was the last time i heard anything about it, and when i was waiting for the bus to come back to the hotel, i saw him walking in to a house at the bottom of Broadway with his mum as he was kicked out of the property and they bailed him to his mums house, that is located no more than 200 meters away or less making it extremely unsafe for me to be there as its a very real and credible threat to my life.

D Law.

edio bangerz <dazlaw88@gmail.com>

Fri, Feb 8, 8:41 PM (7 days ago)

to homelessnessassessment

ref HUHRA-3.1

case ref RF12121807

RE your decision section 184 notification, 

i have just had to attend queens row house to pick up a letter that was failed to reach me with regards to this decision, and i will be challenging this all the way. as you fail to take into consideration at all anywhere in that document, that i am fleeing domestic violence, which according to your own policy is a priority need of which i'm sure your well aware. i can quote your policy to you but you should already know this. and i was assaulted and left my home on the advisement of police for my own safety, having previously been assaulted by another tenant and the letting agent doing absolutely nothing with regards to removal of the other tenant, for myself and the other tenants safety. which they should have done given that i and other tenants had been assaulted previously and they had been contacted many times via email and phone calls by myself and the other tenants that were assaulted, and also by the housemates whom had to also move out because of the violent tenant. you have authority to contact the police with regards to the above mentioned facts as they have all the records, you say i'm not a priority even though i'm fleeing domestic violence which under your own policy means i am, and you  have totally neglected to even factor that in to the decision making process, section I of the section 184 letter states a person who is vulnerable as a result of ceasing to occupy accommodation because of violence from another person or threats of violence from another person which are likely to be carried out" which is my situation completely and then there my health issues too, you have skimmed over them like they are nothing and my health is adversely effected by my illnesses. i barely go out anywhere at all because of it and i cannot walk far or stand for long without being in severe pain and discomfort and with regards to your point on page 5 where you say "you are not currently being prescribed any medication to manage your mental health treatment", it is because it adversely effects the turning points treatment and testing process to the point i cannot even take a pain killer because it provides a false positive test for opioids and i'm not willing to jeopardise my treatment for taking a pain killer as it would cause me severe pain and trauma further down the line due to the withholding of treatment, although i should be able to take any pain killer, but it is their policy is to withhold medication should you fail to provide clean sample, of which i have provided hundreds over the course of the years I've been in services. and the lack of medical information is not sufficient grounds in any way to to dispense with my legal rights and your duty of care towards me, also i do not feel i need pharmaceutical treatment and that is why i haven't re registered at the GP of my choice and with regards to not giving permission for yourself to access my medical records, firstly  i was never asked to give them and even if i was asked, which was not the case, i am more than legally entitled to deny your request for access as my heath needs are nothing to do with your duty of care and responsibility towards me and my housing, page 7 you say this excuse many times throught the letter unjustly i would say "i consider that you are able to self manage the symptoms you experience and that this does not impact upon your daily living to such a degree that you are unable to perform normal daily living tasks including your own personal care or keep yourself safe from harm" to which i say have you even read the information i provided, i spend all my time in isolation from people so i can cope, and i cannot walk about or stand for any great length of time an when i do have to go out it takes me over 2 hours to get a shirt and pair of jeans on as well as wash because of my limited use of my hand, my health level is at such a low state i get a disability premium on my benefit entitlement because of it, and you say it wont impact my life thats just so blatantly wrong i dont know where to start you raise various issues and considered them on totally inaccurate information whie ignoring the reason for me becoming homeless, and as for the false facts such as saying i had been in a coma which i never said, and saying my asthma doesnt effect my mobility, i have bronchial asthma of course it effects my ability, i can't hardly breathe when i move about for any small amount of time, page 8 you state that i sated i was addicted to heroin and cocaine which is compleatly untrue, i tried to kill myself repeatedly over the loss of my family and home and job  over a week and then after failing to do so tried to ramp it up with the use of drugs over the course of couple of days that doesnt constitute addiction, never once did i  say i was an addict, i dont know if its you misquoting or your subordinates filling out the details wrong, but something is going on as would seem to the the case with all the mismatched facts and completely false statements, i immediately went and sought help for that problem and stuck with the program ever since and have been one of their best service users, and i challenge this decision because its all wrong to which end i  will direct your attention to the following. https://www.legislation.gov.uk/ukpga/1996/52/part/VII?fbclid=IwAR35NUTN62e4T68saMgiP46bwqcMScraRYo90Wl5VJKteLsnx7esddLHL4E

175 Homelessness and threatened homelessness.

(1)A person is homeless if he has no accommodation available for his occupation, in the United Kingdom or elsewhere, which he—

(a)is entitled to occupy by virtue of an interest in it or by virtue of an order of a court,

(b)has an express or implied licence to occupy, or

(c)occupies as a residence by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of another person to recover possession.

(2)A person is also homeless if he has accommodation but—

(a)he cannot secure entry to it, or

(b)it consists of a moveable structure, vehicle or vessel designed or adapted for human habitation and there is no place where he is entitled or permitted both to place it and to reside in it.

(3)A person shall not be treated as having accommodation unless it is accommodation which it would be reasonable for him to continue to occupy.

(4)A person is threatened with homelessness if it is likely that he will become homeless within [F256] days.

[F3(5)A person is also threatened with homelessness if—

(a)a valid notice has been given to the person under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured short-hold tenancy) in respect of the only accommodation the person has that is available for the person's occupation, and

(b)that notice will expire within 56 days.]  

https://www.gov.uk/guidance/homelessness-code-of-guidance-for-local-authorities/chapter-3-advice-and-information-about-homelessness-and-the-prevention-of-homelessness

 3.5 Section 179(2) states that housing authorities must design advice and information services to meet the needs of people within their district including, in particular, the needs of the following groups:

(a) people released from prison or youth detention accommodation;

(b) care leavers;

(c) former members of the regular armed forces;

(d) victims of domestic abuse;

(e) people leaving hospital;

(f) people suffering from a mental illness or impairment; and,

(g) any other group that the authority identify as being at particular risk of homelessness in their district.

which means I'm D F &G

https://www.gov.uk/guidance/homelessness-code-of-guidance-for-local-authorities/chapter-2-homelessness-strategies-and-reviews?fbclid=IwAR07pXgHJCta68TdJ5mrDF_qNIqo8sKBs9hs5zYz9bRGqTDsH-GskAaANCk

 2.8 Each local authority has a legal duty under the Health and Social Care Act 2012 to take such steps as it considers appropriate for improving the health of the people in its area. This includes people experiencing homelessness or at risk of homelessness. Housing authorities should ensure that their homelessness strategy is co-ordinated with the Health and Wellbeing Strategy, and that their review of homelessness informs and is informed by the Joint Strategic Needs Assessment.

2.9 To be effective the homelessness strategy will need to be based on realistic assumptions and be developed and owned jointly with partners who will be responsible for its delivery. Sections 1(5) and (6) of the 2002 Act require housing and social services authorities to take the homelessness strategy into account when exercising their functions. Authorities can combine housing and homelessness strategies in a single document where it is coherent to do so.

2.10 Housing authorities must consult public or local authorities, voluntary organisations or other persons as they consider appropriate before adopting or modifying a homelessness strategy. Housing authorities will also wish to consult with service users and specialist agencies that provide support to homeless people in the district. Section 3(4) provides that a housing authority cannot include in a homelessness strategy any specific action expected to be taken by another body or organisation without their approval.

2.11 As part of the homelessness strategy housing authorities should develop effective action plans, to help ensure that the objectives set out in the homelessness strategy are achieved. Action plans could include, for example, targets, milestones and arrangements for monitoring and evaluation.

2.12 Housing authorities must make copies of their homelessness review and the homelessness strategy available for inspection at their principal office at all reasonable hours and without charge, and the strategy must be available to any member of the public, on request (for which a reasonable charge can be made). Housing authorities are advised to publish the strategy and review documents on their website.

2.13 Housing authorities must keep their homelessness strategy under review and may modify it accordingly. Before modifying the strategy, they must consult on the same basis as required before adopting a strategy. Circumstances that might prompt modification of a homelessness strategy include but not be limited to: anything that may affect the composition of homelessness and/or the risk of homelessness in the district; anything that may change the delivery of the strategy; changes to the relationships between the partners involved in the strategy; or changes to the organisational structure of the housing authority.

should you be unaware of the extent of the policies in place you may find this useful https://www.gov.uk/guidance/homelessness-code-of-guidance-for-local-authorities

or http://www.legislation.gov.uk/ukpga/2017/13/contents/enacted

https://www.gov.uk/guidance/homelessness-code-of-guidance-for-local-authorities/overview-of-the-homelessness-legislation

see section 3 a b, 

The homelessness legislation

2. The primary homelessness legislation – that is, Part 7 of the Housing Act 1996 – provides the statutory under-pinning for action to prevent homelessness and provide assistance to people threatened with or actually homeless.

3. In 2002, the government amended the homelessness legislation through the Homelessness Act 2002 and the Homelessness (Priority Need for Accommodation) (England) Order 2002 to:

(a) ensure a more strategic approach to tackling and preventing homelessness, in particular by requiring a homelessness strategy for every housing authority district; and

(b) strengthen the assistance available to people who are homeless or threatened with homelessness by extending the priority need categories to homeless 16 and 17 year olds; care leavers aged 18, 19 and 20; people who are vulnerable as a result of time spent in care, the armed forces, prison or custody, and people who are vulnerable because they have fled their home because of violence. which i have done,

see section 4 a b, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 24, 25

4. The Homelessness Reduction Act 2017 significantly reformed England’s homelessness legislation by placing duties on local authorities to intervene at earlier stages to prevent homelessness in their areas. It also requires housing authorities to provide homelessness services to all those affected, not just those who have ‘priority need’. These include:

(a) an enhanced prevention duty extending the period a household is threatened with homelessness from 28 days to 56 days, meaning that housing authorities are required to work with people to prevent homelessness at an earlier stage; and

(b) a new duty for those who are already homeless so that housing authorities will support households for 56 days to relieve their homelessness by helping them to secure accommodation.

Homelessness review and strategy

5. Under the Homelessness Act 2002, all housing authorities must have in place a homelessness strategy based on a review of all forms of homelessness in their district. The strategy must be renewed at least every 5 years. The social services authority must provide reasonable assistance.

6. The strategy must set out the authority’s plans for the prevention of homelessness and for securing that sufficient accommodation and support are or will be available for people who become homeless or who are at risk of becoming so.

Duty to refer

7. The Homelessness Reduction Act 2017 introduced a duty on certain public authorities to refer service users who they think may be homeless or threatened with homelessness to a housing authority. The service user must give consent, and can choose which authority to be referred to. The housing authority should incorporate the duty to refer into their homelessness strategy and establish effective partnerships and working arrangements with agencies to facilitate appropriate referrals.

Duty to provide advisory services

8. The housing authority has a duty to provide advice and information about homelessness and the prevention of homelessness and the rights of homeless people or those at risk of homelessness, as well as the help that is available from the housing authority or others and how to access that help. The service should be designed with certain listed vulnerable groups in mind and authorities can provide it themselves or arrange for other agencies to do it on their behalf.

9 10

Applications and inquiries

9. Housing authorities must give proper consideration to all applications for housing assistance, and if they have reason to believe that an applicant may be homeless or threatened with homelessness, they must make inquiries to see whether they owe them any duty under Part 7 of the 1996 Act. This assessment process is important in enabling housing authorities to identify the assistance which an applicant may need, either to prevent them from becoming homeless, or to help them to find another home. In each case, the authority will need to first decide whether the applicant is eligible for assistance and threatened with or actually homeless. Certain applicants who are ‘persons from abroad’ are not eligible for any assistance under Part 7 except free advice and information about homelessness and the prevention of homelessness.

10. Broadly speaking, a person is threatened with homelessness if they are likely to become homeless within 56 days. An applicant who has been served with valid notice under section 21 of the Housing Act 1988 to end their assured shorthold tenancy is also threatened with homelessness, if the notice has expired or will expire within 56 days and is served in respect of the only accommodation that is available for them to occupy.

11. An applicant is to be considered homeless if they do not have accommodation that they have a legal right to occupy, which is accessible and physically available to them (and their household) and which it would be reasonable for them to continue to live in.

Assessments and personalised housing plans

12. Housing authorities have a duty to carry out an assessment in all cases where an eligible applicant is homeless or threatened with homelessness. This will identify what has caused the homelessness or threat of homelessness, the housing needs of the applicant and any support they need in order to be able to secure and retain accommodation. Following this assessment, the housing authority must work with the person to develop a personalised housing plan which will include actions (or ‘reasonable steps’) to be taken by the authority and the applicant to try and prevent or relieve homelessness.

Prevention duty

13. Housing authorities have a duty to take reasonable steps to help prevent any eligible person (regardless of priority need status, intentionality and whether they have a local connection) who is threatened with homelessness from becoming homeless. This means either helping them to stay in their current accommodation or helping them to find a new place to live before they become actually homeless. The prevention duty continues for 56 days unless it is brought to an end by an event such as accommodation being secured for the person, or by their becoming homeless.

Relief duty

14. If the applicant is already homeless, or becomes homeless despite activity during the prevention stage, the reasonable steps will be focused on helping the applicant to secure accommodation. This relief duty lasts for 56 days unless ended in another way. If the housing authority has reason to believe a homeless applicant may be eligible for assistance and have a priority need they must be provided with interim accommodation.

Main housing duty

15. If homelessness is not successfully prevented or relieved, a housing authority will owe the main housing duty to applicants who are eligible, have a priority need for accommodation and are not homeless intentionally. Certain categories of household, such as pregnant women, families with children, and households that are homeless due to an emergency such as a fire or flood, have priority need if homeless. Other groups may be assessed as having priority need because they are vulnerable as a result of old age, mental ill health, physical disability, having been in prison or care or as a result of becoming homeless due to domestic abuse.

16. Under the main housing duty, housing authorities must ensure that suitable accommodation is available for the applicant and their household until the duty is brought to an end, usually through the offer of a settled home. The duty can also be brought to an end for other reasons, such as the applicant turning down a suitable offer of temporary accommodation or because they are no longer eligible for assistance. A suitable offer of a settled home (whether accepted or refused by the applicant) which would bring the main housing duty to an end includes an offer of a suitable secure or introductory tenancy with a local authority, an offer of accommodation through a private registered provider (also known as a housing association) or the offer of a suitable tenancy for at least 12 months from a private landlord made by arrangement with the local authority.

Suitable accommodation

17. Housing authorities have various powers and duties to secure accommodation for homeless applicants, either on an interim basis, to prevent or relieve homelessness, to meet the main housing duty or as a settled home. Accommodation must always be ‘suitable’ and there are particular standards set when private rented accommodation is secured for households which have priority need.

18. Under the Homelessness (Suitability of Accommodation) (England) Order 2003, bed and breakfast accommodation is not considered suitable for families with children and households that include a pregnant woman, except where there is no other accommodation available, and then only for a maximum of 6 weeks. The Secretary of State considers that bed and breakfast accommodation is unsuitable for 16 and 17 year olds.

Intentional homelessness

19. A person would be homeless intentionally where homelessness was the consequence of a deliberate action or omission by that person. A deliberate act might be a decision to leave the previous accommodation even though it would have been reasonable for the person (and everyone in the person’s household) to continue to live there. A deliberate omission might be non-payment of rent that led to rent arrears and eviction despite the rent being affordable.

20. Where people have a priority need but are intentionally homeless the housing authority must provide advice and assistance to help them find accommodation for themselves and secure suitable accommodation for them for a period that will give them a reasonable chance of doing so.

21. If, despite this assistance, homelessness persists, any children in the household could be in need under the Children Act 1989, and the family should be referred (with consent) to the children’s social services authority.

Local connection and referrals to another authority

22. Broadly speaking, for the purpose of the homelessness legislation, people may have a local connection with a district because of residence, employment or family associations in the district, or because of special circumstances. (There are exceptions, for example, residence in a district while serving a prison sentence there does not establish a local connection.) Where applicants meet the criteria for the relief duty or for the main housing duty, and the authority considers that the applicant does not have a local connection with the district but does have one somewhere else, the housing authority dealing with the application can ask the housing authority in that other district to take responsibility for the case. However, applicants cannot be referred to another housing authority if they, or any member of their household, would be at risk of violence in the district of the other authority.

23. The definition of a ‘local connection’ for young people leaving care was amended by the Homelessness Reduction Act 2017 so that a young homeless care leaver has a local connection to the area of the local authority that looked after them. Additional provision is made for care leavers who have been placed in accommodation, under section 22A of the Children Act 1989, in a different district to that of the children’s services authority that owes them leaving care duties. If they have lived in the other district for at least 2 years, including some time before they turned 16, they will also have a local connection with that district until they are 21.

Reviews and appeals

24. Housing authorities must provide written notifications to applicants when they reach certain decisions about their case, and the reasons behind any decisions that are against the applicant’s interests. Applicants can ask the housing authority to review most aspects of their decisions, and, if still dissatisfied, can appeal to the county court on a point of law.

25. Housing authorities have the power to accommodate applicants pending a review or appeal to the county court. When an applicant who is being provided with interim accommodation requests a review of the suitability of accommodation offered to end the relief duty, the authority has a duty to continue to accommodate them pending a review.

i await your response in regard to these matters

i also await your offer to settle the claim for damages i have filed against you, or have your subordinates failed in their duty towards you as well? by not disclosing all the details.

D Law.