Making a complaint about rented accommodation - Print version

The Housing Enforcement Team are responsible for ensuring good housing standards and property management in Coventry in relation to single family dwellings. Houses in Multiple Occupation fall within the remit of the Property Licensing Team.

This Service Level Agreement outlines: the service that we will provide, what we expect from tenants and landlords in order to provide the service and contacts who may be able to assist where we cannot.

We will:

• Be courteous and polite
• Give you our name and contact details
• Keep you informed when there is progress on outstanding issues

We prioritise complaints:

Some complaints of disrepair are more urgent than others. The type of complaints that we assess as urgent are those such as:

• No heating (depending on time of year)
• No hot water and no electric shower
• No electricity
• Severe leaks and flooding
• Serious structural collapse

We try to contact tenants about urgent cases within one working day. Where we need to inspect, we will try to do so the same or next working day. How we resolve the issue will depend upon the nature of the complaint and the full circumstances. For example, if a property has no hot water at all, an engineer has ordered parts to fix a boiler and they will be fitted as soon as they arrive, we are unable to make parts arrive more quickly.

We will endeavour to return phone calls and emails within 5 working days. Those which require a more urgent response will be prioritised.

When visiting a property for complaint investigations, we will:

• Explain the purpose of the visit
• Carry an identification card
• Be discreet when carrying out our duties
• Assess the whole property for any hazards using the Housing Health and Safety Rating System (HHSRS)

When problems are identified, we will:

Where landlords have failed to meet legal requirements, we will act in accordance with our enforcement policy. Where we require a problem to be addressed, we will:

• Clearly explain the nature of the non-compliance and how to remedy it
• Advise if we are considering enforcement action
• Take action that is proportionate and in accordance with our Enforcement Policy
• Set timescales for work that is based on the risk to occupiers and visitors
• Explain how to appeal against formal enforcement action

What we need you to do

• Keep appointments and let us know in advance if you can no longer be available for an appointment. If you do not keep an appointment or do not let us know you can no longer make the appointment, this results in wasted time for officers. Also, the next available appointment may not be for some time.
• Provide access to the whole of a property. The Housing Act requires us to inspect a whole property in order to take action. If we cannot access the whole property, we may not be able to assist in resolving a complaint. 
• During an inspection we need to be allowed to collect all necessary evidence to support our course of action, this is likely to include: making written notes and taking photographs.
• Where possible have a landlord’s details available. A copy of a tenancy agreement is also very useful as well as other documents such as: eviction notice, gas safety certificate, electrical installation condition report.
• Return phone calls and emails. For example, if you are called or emailed to offer an appointment, if you do not reply to confirm the time and date are suitable, we will not attend at that time.
• We will not accept any aggression or violence towards members of staff either verbally or physically. Should such an incident occur it will be dealt with in line with the Council’s policy.

Fees

We do not charge for inspections, we do charge for other services such as charging landlords for the service of certain notices. We will provide details of charges where applicable.

Helping you to get it right

It is important that you feel able to come to us for free advice when you need it. We have a dedicated Landlord and Tenant Liaison Officer available to help you. They will:

• Ensure clear guidance is available to help you meet legal requirements
• Provide advice that can be relied upon
• Confirm advice in writing if you request it
• Make clear what is a legal requirement and what is best practice
• Investigate any allegations you make with regards to illegal eviction and/or harassment

Tenancy relations and evictions

The Council will investigate complaints of harassment and illegal eviction. Where a complaint is received the case officer will contact you to advise accordingly.  We provide information and advice to tenants on a variety of subjects including:

• Threat of eviction
• Harassment from your landlord
• Rental increases
• Advice over deposit disputes
• Informal advice to landlords

We cannot assist with

Providing temporary or emergency alternative accommodation, Homefinder applications or claims for damages. Please use the below contacts:

• Temporary or emergency alternative accommodation:  024 7683 4025
• Homefinder: 024 7683 4024 or coventryhomefinder@coventry.gov.uk [mailto:coventryhomefinder@coventry.gov.uk]
• Claims for damages: Advice can be obtained from this Government website [https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-tenants-homes-fitness-for-human-habitation-act-2018], the Housing Ombudsman or Citizens advice.

We can provide information to the Temporary Accommodation and Homefinder Teams upon their request. We are unable to provide information to external organisations without authorisation.

Complaints and compliments

We value your input to help ensure our service is meeting your needs. Make a complaint or send us a compliment [http://myaccount.coventry.gov.uk/service/Speak_Up___comments__compliments_and_complaints]. We manage complaints in line with the Council's Corporate Complaints Policy.

Housing Enforcement's process for dealing with most non-urgent complaints

1. Complaint received
2. Receipt of complaint acknowledged
3. Allocated to an officer
4. Officer will make contact to discuss your case and arrange an appointment where necessary
5. Officer will carry out an inspection
6. Officer will provide you with details of repairs your landlord should complete
7. Where a landlord does not complete repairs, officer may serve notice to enter the property to carry out an inspection under the Housing Act 2004
8. Where necessary, a notice will be served requiring works to be undertaken
9. Officer will check compliance with a notice.

Making a disrepair complaint

Reporting disrepair issues to your landlord

If there are disrepair issues in your house, you landlord has a legal responsibility to make repairs in a timely manner. They should not charge you for any costs associated with these repairs unless the disrepair was caused by you, your household, or your visitors.

Most landlords will make repairs when they’re made aware of an issue. Don’t be afraid to report an issue to your landlord, as this could lead to the situation becoming worse.

If your landlord does not make repairs in response to your complaint, you should contact them in writing, setting out the issues in your house and the action you want your landlord to take. You are legally entitled to know your landlord’s postal address, so this information should be provided in your tenancy agreement. Writing to your landlord will protect you from a retaliatory (revenge) eviction if you have to involve the Council. You can use our sample letter [http://www.coventry.gov.uk/downloads/download/5467/disrepair_complaints] to help you.

How to manage disrepair issues with your landlord

• Do: notify your landlord as soon as you aware of a problem
• Do: give your landlord enough time to make repairs – for example, if your boiler is broken, they may need to order specialised parts to repair it
• Do: grant access to your landlord and any tradespeople they employ in order to make repairs
• Do: Complain to your landlord in writing if they do not make the necessary repairs
• Don’t: Withhold your rent. This will not make your landlord do repairs, and may jeopardise your tenancy
• Don’t: wait until after you’ve moved out to complain to us – this makes it extremely difficult for us to take action

Make a complaint about your landlord not making repairs after you have written to them

We can help you if you have written to your landlord and they will still not make repairs.

You must complete and submit the below form before we can inspect your house and write to your landlord:

• Housing service request form [https://planandregulatory.coventry.gov.uk/public_protection/index.html]

If you have not registered an account already you will need to register an account. Then go to the Service Requests section, select 'submit a service request' and then select the 'Disrepair and Illegal Eviction' option. 

Please make sure you provide all the information we ask for, including contact details for both yourself and your landlord. If you are unable to complete it online, please contact 024 7697 5495.

Damp and mould

We receive a large number of complaints about damp and mould in privately rented houses, and unfortunately the majority of these are caused by tenant activity. We are therefore not able to investigate complaints about damp and mould unless you can confirm that you are already taking reasonable steps to avoid them.

The most common causes of damp and mould are:

• Not ventilating the house (ie, not opening any windows – you need to let fresh air into the property, even when it’s cold outside!)
• Not heating the house
• Drying laundry on radiators

For more information please read our preventing damp and mould leaflet [/downloads/download/5474/damp_and_mould].

If you are confident that you are already following this guidance and believe there may be a disrepair issue behind your mould problem, then you should request repairs from your landlord in writing. If you landlord will not help, you can contact us using our complaint form [https://planandregulatory.coventry.gov.uk/public_protection/index.html].

Retaliatory eviction

If you complain to a private landlord about repairs or bad conditions you may be protected from eviction.

For assured shorthold tenancies starting from 1 October 2015 a court can refuse to order your eviction if all these apply:

• You complained to your landlord or letting agent in writing (by letter or email)
• Your landlord issued a section 21 notice after you complained
• You complained to the local council because your landlord didn't take steps to fix the problem
• The Council sent your landlord a notice telling them to make improvements or that the council will carry out emergency work

Tenancy advice

• If you need general tenancy advice, both Shelter [https://england.shelter.org.uk/] and Coventry Citizens Advice [https://www.citizensadvice.org.uk/] have web pages that provide tenancy information.
• If you think you are being harassed or illegally evicted please contact the Housing Enforcement team.
• If you think you are about to become homeless, please contact Homelessness Advice and Support [http://www.coventry.gov.uk/homelessness].

Licensing of private rented accommodation

Some houses in multiple occupation require a licence from the Council [/hmo] to operate and a Council may make an Order requiring any privately rented property within an area of the city to be licensed with the Council.

The Council keeps a public register of all licences issued. If you wish to know if a house is licensed please contact HMO Licensing.

We have recently consulted on proposals relating to Selective Licensing in certain wards, which will require all privately rented properties within the designated area to be licensed; and Additional Licensing across the city, which will require all HMOs with fewer than five persons to be licensed. The consultation has now closed, but you can read the details of the proposals at www.coventry.gov.uk/propertylicensing [http://www.coventry.gov.uk/propertylicensing].

Housing health and safety rating system (HHSRS)

It is important that houses are checked regularly to make sure they are safe and healthy to live in.

The Housing Health and Safety Rating System (HHSRS) looks at the risks to health and safety in housing, and what action is needed to bring buildings up to the right standard.

A comprehensive guide to the Housing Health and Safety Rating System (HHSRS) [https://www.gov.uk/government/publications/hhsrs-operating-guidance-housing-act-2004-guidance-about-inspections-and-assessment-of-hazards-given-under-section-9] has been written which gives full information and answers to questions such as:

• What is the housing health and safety rating system?
• Why set up the new system?
• What are the principles of the system?
• How are assessment made?
• How is the score calculated?
• How will the system be used in enforcement?
• How do local councils decide on their enforcement policies?
• How can I use it?
• What insurance will I need?

For further information read HHSRS Advice for landlords [https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/9425/150940.pdf] or visit the Shelter England website [https://england.shelter.org.uk/housing_advice/repairs/health_and_safety_standards_for_rented_homes_hhsrs].

Housing enforcement policies and procedures

We are committed to the principles of good enforcement and continually try to improve our standards. All enforcement action will follow the Local Authority Enforcement Concordat, which we have formally adopted.

The public safety and housing enforcement policy [https://www.coventry.gov.uk/housing-enforcement/private-sector-housing-enforcement-policy] gives advice on the principles and processes that will apply when enforcement action is taken.

We are committed to the principles of good enforcement and continually try to improve our standards. This policy is subject to regular review.

Information for landlords

The Landlord and Tenant Act 1985

A landlord is required to keep the property in good repair throughout the tenancy, so that it remains up to the standard it was at the start of the agreement.

Section 11 of the Act sets out who is responsible for repairing a property whilst it is being rented.

The landlord is responsible:

• To keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes
• To keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity
• To keep in repair and proper working order the installation in the dwelling for space heating and heating water

Exceptions to the repair duties where the landlord is not responsible are:

• To carry out works or repairs for which the lessee is liable by virtue of his duty to use the premises in a tenant-like manner, or would be so liable but for an express covenant on his part
• To rebuild or reinstate the premises in the case of destruction or damage by fire, or by tempest, flood or other inevitable accident
• To keep in repair or maintain anything which the lessee is entitled to remove from the dwelling-house

Housing Act 2004

Where an inspection of any residential property has been carried out by the local housing authority and it is of an opinion that a category 1 or 2 hazard exists under the Housing Health and Safety Rating System [/info/280/housing_enforcement/2756/making_a_complaint_about_rented_accommodation/7] the Council in the case of category 1 hazards must take enforcement action and in the case of category 2 hazards may take enforcement action to reduce the risk to occupants, visitors or members of the public. The Council has powers under Sections 49 & 50 of the Act to charge for certain enforcement action.