Coronavirus – Repairs and health and safety checks in social housing
Joseph Warren • May 12, 2020
1. What repairs should be carried out?
Following the Coronavirus crisis, the government has issued guidance to Landlords on what works should be carried out and which should be avoided. This guidance is accessible here.
The guidance encourages that both the landlord and tenant take a common-sense approach and agree to delay non-urgent works.
The list of works the government consider urgent, which should still be addressed, are:
- An issue with the structure of the building, such as a roof leaking;
- The breakdown of a boiler,
- Where there are plumbing issues, meaning there are no washing or toilet facilities;
- If the landlord is responsible for white goods (such as a fridge or washing machine) and these have broken down;
- If there is a broken window or door which impacts on the security of the property;
- If equipment relied on by a disabled person (and supplied by the landlord) requires installation or repair.
Where repairs are carried out in this period, the landlord should ensure that contractors work in a way to reduce virus spread by: avoiding contact with the tenant, working in a separate room if possible and cleaning after their visit.
2. Gas safety checks
In relation to gas safety checks, both the Health and Safety Executive and the Government have given guidance on what a landlord should do.
The Health and Safety Executive and Gas Safe’s guidance is that there is a balance to be had in relation to ensuring that tenants are protected from possible fatal risks (such exposure to carbon monoxide or due to a gas explosion) whilst also protecting people from the spread of the virus.
Where it is not possible to carry out a gas safety check, the landlord should show that they have taken all reasonable steps to carry out the service. It further says that all gas safety checks should not be delayed as that increases the risks to tenants.
The guidance concludes that each property/tenant should be considered on a case by case basis taking into account risk factors. These risk factors include the age of the appliance, where Carbon Monoxide detectors are present and whether there is a history of breakdowns.
Gas Safe provide example scenarios to cover whether tenants or their households are self-isolating, shielding or social distancing. The Gas Safe guidance can be found here.
The Government’s guidance can be found here
and is on similar lines to that of the HSE/Gas Safe. It does suggest that if someone is socially distancing then a gas safety check can still be carried out by that person shutting themselves in a different room until the engineer has gone and for the engineer to wipe down all areas where they have been working.
What is important for Registered Providers of Social Housing is to ensure the Regulator of Social Housing is kept informed of any non-compliance due to non-access. The Regulator has stated that it will be flexible in their approach to non-compliance – it is important that a Provider can evidence the steps they have taken to try and comply.
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Cobb Warren were recently successful in an appeal against the decision of a District Judge to refuse an application to include a positive requirement in an injunction pursuant to Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 ("the 2014 Act"). This took place in October in front of a Circuit Judge in the County Court at Bristol. Our client sought to include a provision requiring the respondent to engage with support services to help address the underlying causes of the anti-social behaviour the respondent engaged in. The District Judge at first instance refused the application on the basis that such an order would amount to an order of mandamus (orders of mandamus have, since 2004, been known as ‘mandatory orders’ - they are specific to public law matters) and therefore, pursuant to section 38 of the County Courts Act 1984. The District Judge said that the County Court lacked jurisdiction to make such an order. The appeal was argued on two points: 1. The order was not an order of mandamus (or mandatory order) as such orders are remedies in public law proceedings only and not private law proceedings; or 2. In any event, even if it were, the 2014 Act creates a separate statutory scheme which enables the County Court to include any positive requirements in an injunction in order to prevent the respondent from engaging in anti-social behaviour. The Circuit Judge hearing the appeal allowed the appeal on both grounds. In respects of the second ground, we advanced an argument that the decision in Swindon Borough Council v Abrook [2024] EWCA Civ 221 supported the ground as: 1. The Court of Appeal determined that the Court’s usual case management powers to vary or set aside an order of its own volition did not apply to injunctions under the 2014 Act. This was therefore indicative of the 2014 Act creating its own statutory scheme. 2. The Court of Appeal was considering an appeal from the decision of a District Judge in the County Court and determined, at paragraph 109 of that earlier judgment that a Court should consider making positive requirements. Therefore, the Court of Appeal seemingly accepted that positive requirements were available in the County Court. Overall, we achieved a good outcome for our client and obtained clarity as to the use of positive requirements. Such requirements can often be more effective in addressing anti-social behaviour, by addressing the causes of the behaviour, rather than simply prohibiting the behaviour itself. A review of the Court's powers in relation to Anti-Social Behaviour by the Civil Justice Council in 2020 emphasised the importance of including positive requirements in injunctions. One of its recommendation was to increase their use as a way of addressing underlying issue causing Anti-Social Behaviour. If you need to discuss the above case or require any guidance please get in touch with us.
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