Agenda item

Objective: To provide the committee with the Housing Health and Safety Rating System (HHSRS) Policy and Damp, Mould and Condensation (DMC) Policy for sign off and recommendation to cabinet for approval.

The Head of Regulatory Compliance introduced the Housing Health and Safety Rating System (HHSRS) Policy and explained that it outlines the 29 different types of hazards that are reportable under Awaab’s Law, including excess cold or heat, fire and electrical hazards, hygiene and food safety issues. The policy also provides details of how hazards should be reported and dealt with and includes the specified time frames for acting upon those types of hazards. The second policy for consideration is the Damp, Mould and Condensation (DMC) Policy which outlines how DMC will be dealt with when it is reported by tenants, details of what can cause DMC and the council’s commitment to rectify those issues within the specified time frames under Awaab’s Law.

The committee’s discussion raised the following points:

-       In relation to the HHSRS Policy:

o   It was queried why carbon monoxide is specified as being vulnerable to the over 65s, when it is equally deadly to everyone.

o   It was noted that the responsible party for noise has not been included.

o   In relation to falling on stairs it was suggested that the responsibility should be shared between the repairs team and estates team, as cleaning can provide slip hazards.

o   It was explained that personal hygiene will be managed by the tenancy management team in situations where it is impacting on the building.

-       In relation to the DMC Policy:

o   Leaseholders will be covered by the policy in situations where the DMC is related to the structure of the building. The committee highlighted that they felt the policy should explicitly include a section on leaseholders.

o   Concern was raised that the safety communications that will be issued may exclude leaseholders, particularly when it relates to building issues. DMC is a common trend that also affects leaseholders, and this information would be beneficial for them.

o   It was felt that there were gaps in responsibility and accountability for mixed-tenancy blocks. A situation was raised where a leaseholder’s DMC relating to missing insulation has not been resolved, as the hatch to the loft is in a tenant’s property and access is being refused.

o   It was suggested that the policy needs to be more explicit in terms of the recharge policy, particularly when structural damp is a cause.

o   The policy’s proactive approach to non-reporting was praised.

o   It  was noted that where issues have been treated but return seasonally this may reflect a deeper more persistent cause.

o   It was recommended that the policy should specify what will happen in situations where tenants have refused to follow the advice provided. In a previous policy this was covered by section 11 which provided a defence for failure to comply with legal requirements where all reasonable endeavours have been taken to avoid it.

Following consultation, the committee agreed that the policies would not be recommended to the Cabinet but that updated drafts should be brought to a future committee meeting for consideration.