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 believe you are being harassed or are facing an illegal eviction, you can report this to the Housing Enforcement Team by completing the online application form [https://planandregulatory.coventry.gov.uk/public_protection/index.html]. If this is your first time using our new reporting system, you will need to register for a new account.

Once registered:

1. Go to the Service Requests section.
2. Click "Submit a Service Request".
3. Under Request Details, select "Disrepair and/or Illegal Eviction or Harassment

• 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.

Service Standards

Who are we?

The Safer Housing Team is a team that forms part of the Regulatory Service in Coventry City Council. We are responsible for dealing with numerous statutory functions in relation to housing in the private sector including properties in disrepair, empty homes, fire safety in high rise blocks and the prevention of illegal eviction and harassment. We regulate private rented sector properties with the objective of raising housing standards within the city and ensuring that renters are afforded protection from a small number of unscrupulous landlords. We will therefore follow certain standards when dealing with our customers.

Our services

The Safer Housing Team offers advice and guidance on housing conditions to private tenants and owners in Coventry and improves standards using legal powers where this is in line with our Enforcement Policy and procedures.

What we will do

We want our customers to experience an excellent standard of service every time they contact us.

In all cases we will:

• treat you with respect; listen to your needs; be quick to take action, where necessary; and give you as much realistic help and advice as we can given our role as a regulator however, we do not provide legal advice
• explore the options to resolve any issues and explain clearly what we are able to do to help, even if sometimes this means having to say no to your requests
• deal with your enquiry consistently using Coventry City Council’s policies and procedures
• keep you informed about significant changes to the service; will consult with customers on key issues; and encourage regular comment and feedback on our service
• use plain English in all letters, emails, forms, leaflets, and on our website
• provide interpreters, or other aids to communication, when appropriate
• answer phone calls promptly and aim to answer your query in a timely manner. If this is not possible we will either inform you who to contact; forward your enquiry to the relevant officer; or we will give you a timescale when we aim to reply to you
• ensure our letters and emails confirm an office contact name, telephone number and e-mail address
• if you feel this standard has not been met you may follow the Council Complaints procedure set out in the Complaint leaflet available at all our receptions or on our website [http://www.coventry.gov.uk/]

We are committed to providing the following service to customers who contact the Private Housing Service. When dealing with specific requests for our services we will;

• make sure that we deal with your enquiry and service requests appropriately and proceed with enforcement action where required
• acknowledge your initial letter or e-mail to us within three working days
• respond to any further correspondence from you in 12 working days
• provide you with clear, relevant advice and information in response to any query (although the nature of our work sometimes requires us to use technical or legal terms)
• visit you in your own home if necessary
• carry identity documentation at all times. Please always ask to see identification before letting anyone into your home
• keep you informed of any significant developments and keep you updated on the progress of your enquiry at regular intervals during the process
• as we investigate a range of different matters there is no hard and fast rule as to when you can expect an update however, the expectation is that we would provide an update where a significant event has occurred within the investigation timeline or if there is an issue with the progress of the case
• contact you in a timely manner and let you know about the outcome of your request and if it has been closed, why. This should be done as a soon as practicable once a decision has been made whether we intend to progress the case or close the matter as no further action

Service standards

The Safer Housing Team deals with a significant number of requests and complaints and as such we may not have the staff to respond to all enquiries. We will prioritise cases based on the information you provide and require you to do certain things before we become involved, such as write to your landlord requesting any repairs to be completed.

All service requests will be assessed on risk and categorised as Low, Medium or High and our response times will vary for each category.

High Risk cases

If your housing conditions involve an imminent risk of harm i.e. overflowing sewage, heating failure in cold weather, dangerous electrics etc.. your case will be treated as a priority and initial contact will be made within 24 hours to discuss the problem in more detail and agree an action plan going forward, this will usually result in an Environmental Health Officer arranging to inspect your property.

After the inspection, the case officer will complete an assessment and will let you know whether we can or cannot help you. If the condition of the property presents

a serious imminent risk of harm to the occupiers. we will proceed with enforcement action.

In cases where there is an imminent risk of serious harm to the occupiers the case officer may need to take formal emergency action. For example, if there were exposed live electrical wires a child could easily reach or the main staircase at the property was about to collapse.

Copies of any Housing Act notices served will be sent to you and you will have opportunity to make comments to the case officer about the work required. The work may be inspected whilst in progress and on completion if necessary. The case will only be marked off when it is completed to our satisfaction. If the work requested has not been completed within the original time frame but there is an acceptable reason for this and reasonable progress has been made, the case officer may extend the timescale. If there has been little or no progress to carry out or complete the works on an informal basis then legal notice/s requiring works or other remedial action may be served (if we have not already done so). In this case the officer will revisit the property after giving both the occupiers and the owner a minimum of 24 hours’ notice of the visit to ensure our legal obligations are met. If at the end of the given timescale on a formal notice requiring work or other remedial action an unreasonably small amount of work or no work at all has been undertaken the case officer and manager will consider whether it is appropriate for us to arrange for the work to be carried out, this would be completed at a cost to The Council and recovered from the landlord at a later date.

We can consider prosecuting for the offence of non-compliance with a statutory notice where we have sufficient evidence, there is a reasonable chance of conviction and it is in the public interest to do so. This may happen even if the problem identified is not what you originally complained about.

In all cases we will explain what the problems we can deal with are and specify a time limit for getting the matter completed (time limits will differ depending on the case).

Where there are problems at a property, but we cannot require work to be carried out, but you still want us to continue, we may, if we believe it appropriate, make recommendations to your landlord / your letting agent / the owner. However, we would be unable to ensure that these are acted upon.

Low and Medium Risk cases

In cases where we consider there is a low or medium risk to health i.e. general repair items, minor damp and mould/condensation etc.. we will ask that a private tenant contacts their landlord first, to allow the landlord an opportunity to resolve the problem before we become involved.

When contacting your landlord you should ensure this is done in writing i.e. by letter, email or text message. If your landlord does not provide you with a response or does not start to address the problems after 14 days then you should contact us and provide the written evidence that you have tried to resolve the matter with them directly. We will then investigate the case and if appropriate take enforcement action.

Any cases referred to us will be assessed for risk and we aim to contact you within 3 to 5 working days, it is important to note that this can be longer during busier periods, especially during our colder seasons. The case officer will discuss and investigate your request and if appropriate will make an appointment to inspect your property.

Cases where there are minor issues will be dealt with on an informal basis wherever possible unless there is a history of non-compliance by the landlord, letting agent or owner.

As the complaints we deal with vary enormously, it is impossible to give a timescale for how long it will take to deal with a request, but we will keep you updated during the investigation and advise when it has been dealt with or closed.

Further information

Further information regarding our services can be found on our website [http://www.coventry.gov.uk/].

Your questions answered

How long do I have to wait before you respond, once I have made a complaint?

This can vary, however we aim to make initial contact within 3-5  working days, although it can be longer during busier times of the year, especially during the colder months

How do I know if my complaint is an emergency?

If there is a serious imminent risk of harm to an occupier, this would be treated as an emergency, for example overflowing sewage, heating failure in cold weather, dangerous electrics. This would be assessed on a case by case basis.

How quickly can I expect a response if my case is an emergency?

If a case has been assessed as an emergency we aim to contact you within 24 hours during week days.

What can be expected after first contact?

Usually we will serve a power of entry notice under the Housing Act giving both the landlord and tenant 24 hours advance notice of a proposed property inspection.

I am not sure whether the Safer Housing Team can assist with my query.

If you are unsure, please submit your query providing as much detail as possible. We will review the information and advise you accordingly.

I would like to provide feedback or make a complaint about your services.

To make a comment, compliment or complaint, please visit this page [https://www.coventry.gov.uk/contact-council/comments-compliments-complaints/2]

I have not been contacted by an Environmental Health Officer since I submitted my query.

We aim to respond to your query as soon as practicable. For follow up, please contact our administration team by telephone on 02476 975 495 or by email at housingenforcement@coventry.gov.uk [mailto:housingenforcement@coventry.gov.uk].

I wish to remain anonymous.

You can contact us anonymously or specify in your communication that you would like to remain anonymous. In such cases, your details will be kept confidential. Please note, however, that we will be unable to provide you with updates on your query.

I would like to complain about my housing conditions but do not want my landlord to find out that I complained.

The Housing Act 2004 requires us give at least 24hrs notice to both the owner and the occupier of the premises before exercising power of entry. However, we will always consider any safeguarding concerns.

Why did the environmental health officer not take enforcement action despite carrying out an inspection?

Depending on the nature of the inspection, we will assess our observations and contact you with the outcome. Please note that our enforcement powers are limited, and where we are unable to assist, we will advise you accordingly.