Eastern RPT Panel Decision Summaries

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Rent Assessment Panel: EASTERN

Case Number: CAM/22UN/HIN/2007/0001

Local Authority: Tendering District Council

Hearing Date: 8th June 2007

Notice Served: Improvement Notice

Hazards: Excess Cold, Damp & Mould Growth, Falling on Stairs

Order: The Improvement Notice was justified.

Points of Interest:

• The Tribunal agreed with the assessment of damp and mould growth and falling on stairs. The Tribunal did not agree with the requirement to fit double-glazed windows in respect of the excess cold hazard in the property. The Tribunal ordered that replacement windows must be put in the bathroom and toilet, these could be single glazed but would be ideally double-glazed.

Rent Assessment Panel: EASTERN

Case Number: CAM/34UB/HIN/2007/0004

Local Authority: Corby Borough Council

Hearing Date: 10th December 2007

Notice Served: IMPROVEMENT NOTICE

Hazards: Excess Cold, Damp & Mould Growth

Order: The Improvement Notice was varied and the applicant was still ordered to pay the fee £120 levied.

Points of Interest:

• The Tribunal agreed that heating to reach a minimum room temperature of 19◦C would be appropriate as opposed to the stated 21◦C. The respondent provided a breakdown of the costs, which the tribunal deemed reasonable. The appellant, therefore, had to complete works stated in the Notice.

Rent Assessment Panel: EASTERN

Case Number: CAM/38UC/HIN/2007/0005

Local Authority: Oxford City Council

Hearing Date: 13th December 2007

Notice Served: Improvement Notice

Hazards: Excess Cold, Electrical Hazards

Order: The appeal was allowed in part and the Notice was varied.

Points of Interest:

• The hearing was considered afresh and was only based on the suitability of action taken in this particular case. The Tribunal agreed with the timescales requested by the applicant. The issue of structural collapse must be assessed and appropriate action considered dependant on the result.

Rent Assessment Panel: EASTERN

Case Number: CAM/38UC/HIN/2007/0003

Local Authority: Oxford City Council

Hearing Date: 14TH August 2007 (date of application)

Notice Served: Improvement Notice

Hazards: Excess Cold

Order: Notice varied to alter timescales for work

Points of Interest:

• The Notice stipulated that the windows should be ‘overhauled or replaced’ and ‘defective catches replaced’ the applicant understood this to mean all windows should be replaced with double glazed units and appealed against this as an unreasonable request. Although, the applicant did agree that the windows did need some work to improve them. The Improvement Notice was varied to extend the completion date.

Rent Assessment Panel: EASTERN

Case Number: CAM/38UH/HIN/2008/0009

Local Authority: Vale of White Horse District Council

Hearing Date: 22nd February 2008

Notice Served: Improvement Notice

Hazards: Damp & Mould Growth, Excess Cold, Food Safety, Falling on Stairs, Structural Collapse & Falling Elements, Electrical
Hazards

Order: Improvement Notice quashed.

Points of Interest:

• The Council should have given 24 hours notice to inspect regardless of whether the occupants invited them or not. The Notice was found to be invalid due to the lack of notice before the inspection was carried out. If the Improvement Notice was found to be valid the Tribunal would have made some amendments to the requested works.

Rent Assessment Panel: EASTERN

Case Number: CAM/42UH/HIN/2008/0003

Local Authority: Waveney District Council

Hearing Date: 31st July 2008

Notice Served: Improvement Notice

Hazards: Damp & Mould Growth, Excess Cold, Falling between Levels, Fire, Falling on Stairs, Electrical Hazards

Order: Appeal allowed and Improvement Notice varied.

Points of Interest:

• Three Improvement Notices were served; the Tribunal varied all after consideration.

Rent Assessment Panel: EASTERN

Case Number: CAM/00KG/HIN/2008/0005

Local Authority: Thurrock District Council

Hearing Date: 4th August 2008

Notice Served: IMPROVEMENT NOTICE

Hazards: Excess Cold, Personal Hygiene etc, Electrical Hazards, Fire, Hot Surfaces

Order: Improvement Notice quashed, as it was not validly served.

Points of Interest:

• The Council did not take reasonable steps to correctly serve the Improvement Notice, it was instead sent to the incorrect person’s address. Although the Notice was deemed invalid there is no reason the Council should not take other enforcement action as the Tribunal agreed that Category 1 hazards did exist at the property.

Rent Assessment Panel: EASTERN

Case Number: CAM/22UK/HIN/2008/0006

Local Authority: Chelmsford Borough Council

Hearing Date: 11th November 2008

Notice Served: Improvement Notice

Hazards: Excess Cold, Damp & Mould Growth, Electrical Hazards, Domestic Hygiene, Hot Surfaces

Order: The Notice was quashed.

Points of Interest:

• Chelmsford Council were ordered to remove any entries from the Land Charges Register and had to repay the Applicant’s application fee of £150. The Respondent had not assessed the actual risk in the property, the mould in the property was largely due to condensation and the problem could have been solved through co-operation rather than service of an Improvement Notice.

Rent assessment panel: EASTERN

Case number: CAM/00ME/HIN/2008/0009

Local authority: Royal Borough of Windsor and Maidenhead

Hearing date: 3rd December 2008

Notice served: Improvement Notice & Demand for Costs

Hazard: Unclear

Order: Improvement Notice varied and costs dismissed

Points of interest:

• Prior to the hearing, the parties had reached agreement in relation to the Improvement Notice such that the only matter for the Tribunal was that of the costs being sought by the local authority.

• The local authority was seeking costs of £331.20 for preparing and attending the hearing and claimed that the appellant had acted “frivolously..or otherwise unreasonably”. The Tribunal dismissed this claim.

• As regards £150 costs being sought for serving the Improvement Notice, the Tribunal determined that the particulars of the case were such that they were outside the remit of section 49(7) of the Housing Act 2004 and, therefore, not within their jurisdiction and simply recorded what the costs were in their decision.

Rent assessment panel: EASTERN

Case number: CAM/00KF/HIN/2008/0011

Local authority: Southend-on-Sea Borough Council

Hearing date: 30th January 2009

Notice served: Improvement Notice

Hazard: Excess Cold, Damp & Mould Growth, Structural Collapse & Falling Elements, Domestic Hygiene, Fire, Entry by Intruders, Electrical Hazards

Order: Appeal Dismissed

Points of interest:

The appeal failed as the appellant was neither the person upon whom the Notice had been served nor a leasehold or freehold owner.

Rent assessment panel: EASTERN

Case number: CAM/00MC/HIN/2008/0012

Local authority: Reading Borough Council

Hearing date: 18th March 2009

Notice served: Improvement Notice & Demand for Costs

Hazard: Fire

Order: Appeal Upheld and Notice and Demand Quashed

Points of interest:

• The appeal was upheld on the basis that no notice of inspection had been given to the appellant who was the eventual recipient of the Improvement Notice and Demand for Costs and that, therefore, Notice had not been given in accordance with the requirements of section 239 of the Housing Act 2004.

Rent Assessment Panel: EASTERN

Case Number: CAM/38UC/HIN/2009/0001

Local Authority: Oxford City Council

Hearing Date: 31st March 2009

Notice Served: Improvement Notice

Hazards: Excess Cold, Food Safety and Flames, Hot Surfaces etc

Order: Improvement Notice confirmed

Points of Interest:

• The Appellant was appealing against the Improvement Notice on the grounds that it was pre-emptive as the work relating to one of the hazards was already being undertaken, the works required in the Notice were more extensive than is necessary and an extension of time is required.

• The Notice specifically states that the lathe and plaster ceiling in the ground floor flat must be removed and the ceiling is plaster boarded and skimmed with a hatch provided for roof access and to install insulation.

• The Tribunal confirmed the works requested for Food Safety and Flames, Hot Surfaces etc was justified.

• The Tribunal accepts the Appellants contention that there are alternative methods of insulating the roof space in the ground floor flat. Following inspection the Tribunal took into account the uncertain condition of the lathe and plaster ceiling above the suspended ceiling, it was confirmed that it was not unreasonable to prescribe specific method remediation that could then be varied by negotiation with the Appellant.

Rent Assessment Panel: EASTERN

Case Number: CAM/00KA/HIN/2009/0005

Local Authority: Luton Borough Council

Hearing Date: 30th June 2009

Notice Served: Improvement Notice

Hazards: Excess Cold, Personal Hygiene, Electrical Hazards, Entry by Intruders, Collision & Entrapment, Food Safety

Order: The Notice was varied.

Points of Interest:

• The Notice is headed ‘Section 11’ when in fact it covers both Category 1 and Category 2 hazards and so should be headed ‘Section 11 and 12’.

• The Tribunal applauded the use of a final warning in the form of a ‘minded to’ Notice but think that it should have been changed to appear less like a formal Notice.

• The appellant cited that the tenant of the property should contribute to the costs, due to his failure to take care of the property. The tenant had been given Notice to quit and the appellant was to begin extensive remedial works once the property had become vacant. The Tribunal confirmed that these works had begun at the time of the hearing.

• The Tribunal referred to previous cases to determine whether the Notice was invalid for failure to comply with Section 13(2). The Notice was found to be valid for the Category 1 hazard but invalid for the Category 2 hazards, and so all Category 2 hazards were removed from the Notice. The Notice was varied to increase timescales for the Category 1 hazards.

Rent Assessment Panel: EASTERN

Case Number: CAM/33UH/HIN/2009/0004

Local Authority: Thurrock Council

Hearing Date: 17th July 2009

Notice Served: Improvement Notice

Hazards: Not Stated

Order: The Notice was varied.

Points of Interest:

• The parties compromised the proceedings.

• It was agreed that once the work provided for in the undated quotation, which was produced to the Tribunal at the hearing, was carried out the Improvement Notice would have been fully complied with. The Notice was extended to increase the timescale for completion.

Rent Assessment Panel: EASTERN

Case Number: CAM/38UC/HIN/2009/0006

Local Authority: Oxford City Council

Hearing Date: 30th July 2009

Notice Served: Improvement Notice

Hazards: Excess Cold

Order: The appeal was in two parts; the appeal was accepted and the appellant did not have to pay the fee for the Council’s expenses with interest, the second part of the appeal was rejected as it was not within the 21 day appeal period.

Points of Interest:

• The Notice was deemed to adequately comply with the statutory requirements. The Notice wrongly cited Paragraph (4), stating that the Council intended to enter the property and replace the defect boiler as reasonable progress was not being made, instead of Paragraph (3). The Tribunal found that these errors on the Notice were not considered significant enough to mislead the recipient.

• The Council carried out works to replace the boiler and asked for reimbursement of funds from the recipient of the Notice. However, as the Notice stated only that the boiler must be checked by a CORGI registered engineer and any defective parts must be repaired or replaced where necessary, the replacement of the boiler by the Council was unnecessary. The Tribunal, therefore, deemed that the recipient of the Notice did not have to reimburse the Council their costs with interest. In light of the decision the Tribunal ordered the Council to reimburse the full fee to the appellant for the service of the Notice.
Edition 2, December 2009

Prohibition Order case summaries:

Rent Assessment Panel: EASTERN

Case Number: CAM/00MB/HPO/2006/0001

Local Authority: West Berkshire District Council

Hearing Date: 15th July 2006

Notice Served: Prohibition Order

Hazards: Falling on Stairs, Collision & Entrapment

Order: The Prohibition Order succeeds in part. Prohibition Order is varied.

Points of Interest:

• The Prohibition Order is varied so it only applies to members of the vulnerable group. So the top floor of the property is not to be occupied for residential purposes by more then two adults under the age of 60 and one child over the age of 10. As the property is a Grade II Listed Building it would be difficult to make the necessary changes to remove the hazard of the steep stairs and the low ceiling heights.

Rent Assessment Panel: EASTERN

Case Number: CAM/26UG/HPO/2006/0002

Local Authority: St Albans City and District Council

Hearing Date: 13th November 2006

Notice Served: Prohibition Order

Hazards: Structural Collapse & Falling Elements

Order: Prohibition Order is invalid

Points of Interest:

• The Prohibition Order did not state clearly what the recipient must do in order for the Prohibition Order to be lifted. The respondent also did not provide a Section 8 Statement of Reasons. The Tribunal stated that they would have confirmed the Order had it been valid.

Emergency Action case summaries

Rent Assessment Panel: EASTERN

Case Number: CAM/00KA/HER/2007/0001

Local Authority: Luton Borough Council

Hearing Date: May 2007

Notice Served: Emergency Remedial Action Notice

Hazards: Excess Cold, Falling on Stairs, Food Safety, Personal Hygiene etc, Lighting, Water Supply, Collision & Entrapment

Order: The Emergency Remedial Action Notice was deemed invalid and also not the most appropriate action.

Points of Interest:

• Category 1 hazards existed at the property because the Appellant cut off water and electricity supplies due to concerns about safety following a major water leak. The Respondent did not rate any of the hazards seen and did not do any written account of the inspection, the action and Notice served being based on what was seen and no other assessment. This was deemed to make the Notice invalid. The Tribunal also stated that an Emergency Prohibition Order would have been more fitting as the occupants were left in imminent danger by residing in the property before works were complete.

Rent Assessment Panel: EASTERN

Case Number: CAM/38UC/HER/2008/0001

Local Authority: Oxford City Council

Hearing Date: 11th August 2008

Notice Served: Emergency Remedial Action Notice

Hazards: Excess Cold, Food Safety

Order: The Emergency Remedial Notice was quashed.

Points of Interest:

• The Tribunal deemed that the most appropriate action would have been to serve an Improvement Notice to require a new boiler for the heating and hot water. The Tribunal believed the Respondent acted in good faith and so did not order the repayment of the Applicant’s costs.