95 Rutland Street, Grimsby, DN32 7NF MAN/00FC/HIN/2024/0602
DECISION
[1]The Improvement Notice dated 19th September 2024 is varied as follows:(1) Damp and Mould Growth: arrange for Damp contractors to remedy the defects to the damp work undertaken to the right and left hand walls of the front porch and front living room of the Property, such works to be completed within 3 months of the receipt of this decision by the parties.(2) The remainder of the work, under the categories of Damp and Mould, Domestic hygiene, pests and refuse and electrical hazards are deleted, those works having been completed.[2]The Adsam Partnership is to pay invoice from the Council in the sum of £460 within 28 days of the receipt of this decision by the parties. Background[3]This is an appeal by Adrian Samad, Mohammad Samad and Neli Samad (“the Adsam Partnership”) in respect of an Improvement Notice served on 19th September 2024 (“the Notice”) for 95 Rutland Street, Grimsby (“the Property”) by North East Lincolnshire Council (“the Council”).[4]The Notice specified several Category 2 hazards as follows: Damp and Mould• In the front porchway there is evidence of salt patches to the right wall• In the front living room there is evidence of salt patches to the right wall• In the bathroom there is no working extractor fan to remove excess water levels• In the rear bedroom there is a damp patch on the right wall• To the outside of the property the guttering is blocked with vegetation. Domestic Hygiene, pests and refuse• In the front porchway there is missing skirting board on the right wall• In the living room there is missing skirting board on the right wall• In the kitchen the kickboards are detached from the cupboards and leant against the wall• In the kitchen the pan cupboard has no door. Electrical Hazards• In the kitchen there is a space for a cooker, the tenant stated she is getting an electric cooker and would like it connecting but there is no evidence of a suitable electric cooker outlet.[5]The Improvement Notice required the necessary works to be started by 23rd October 2024 and to be completed within 30 days.[6]The Council also served upon the Applicant a demand for payment of costs in the sum of £460.[7]On 3rd October 2024, the Adsam Partnership filed an appeal against the Notice and the demand for costs.[8]On 27th January 2025 directions were issued providing for both parties to file their statements and documents in support and thereafter for the matter to be listed for a hearing.[9]The application was listed for an inspection and a hearing on 17th April 2025. The Property/Inspection[10]The Tribunal inspected the Property in the presence of the tenant, Mrs Pearson, Amanda Crickmore from the Council and Adrian Samad.[11]The Property is a 3 bedroomed mid-terraced brick-built house. At the inspection Mrs Pearson agreed all the work specified in the Notice had been completed. However, the work to install the damp proof course appeared to be defective and there were signs of salting to the right-hand wall in both the front porchway and living room. In addition to these defects contained within the Notice, it was seen there were also signs of salting to the left -hand wall, near the chimney breast. Mr Samad acknowledged this remedial work was required and would be done under the terms of the guarantee given when the work was originally completed in October 2024. The Law[12]The Housing Act 2004 provides the framework for the assessment of the condition of residential properties and the remedies that can be used to enforce standards in respect of them.[13]The Housing Health and Safety Rating System (HHSRS) provides a rating system for hazards. The score will determine which category the hazard falls; a score over 1000 will be a Category 1 hazard and those below 1000 will be a Category 2 hazard.[14]Section 7(2) of the Act provides that if a Category 2 hazard exists then a local authority must take the appropriate enforcement action which can be an improvement notice, prohibition order, a hazard awareness notice, emergency remedial action, demolition order or declaring the area in which the premises are situate, a clearance area. The Act further provides that if only one course of action is appropriate, that course must be taken, or if there are two or more courses available, then the local authority must take the one deemed to be most suitable.[15]Section 12 of the Act provides that if the local authority is satisfied that a Category 2 hazard exists and it serves an improvement notice that is a course of action open to a local authority.[16]Section 12(2) requires the person upon whom the improvement notice is served to take remedial action in respect of any of the hazards that are specified.[17]Schedule 1, paragraph 14 (1) of the Act provides that a person upon whom an improvement notice has been served may appeal to the First-tier Tribunal within 21 days beginning with the day upon which the improvement notice was served. The grounds for the appeal are set out in paragraphs 11 and 12 of the Act. Paragraph 13 provides an appeal may be made against the decision by a local authority to vary or revoke an improvement notice.[18]Schedule 1, paragraph 15 provides for the First-tier tribunal to deal with any appeal by way of re-hearing, thus allowing it to consider the property at the date of the hearing and consider matters of which the local authority may not have been aware at the date the notice was served. The Tribunal has the power to confirm, quash or vary the improvement notice. Submissions/Hearing[19]In its written submissions to the Tribunal the Council set out the history of its dealings with the Property.[20]In February 2024 it was said Mrs Pearson had written to the Adsam Partnership regarding issues with the Property but had not received any response. In March 2024 a referral was made to the Council via her GP practice. On 21st March 2024 the Council inspected the Property and thereafter issued an Informal Notice fo work required. Such work was to be completed by 27th May 2024.[21]On 19th April 2024 the Adsam Partnership sent a Damp Proof Report to the Council. On 31st May, following contact from Mrs Pearson’s mother, the Council e-mailed the Adsam Partnership requesting an update. On 31st May 2024 Adrian Samad contacted the Council asking for an extension of time.[22]On 16th September 2024 the Council contacted Mrs Pearson who advised the work had not been completed although the workmen had donated a gas cooker.[23]On 19th September 2024 the Council issued the Notice requiring all the work specified within it to be completed by 22nd November 2024.[24]On 24th November 2024 the Council re-inspected the Property and found that although the required damp work had been carried put, there was evidence of salting in the front porch and living room. Other items of work had not been completed, namely the removal of vegetation in the guttering that was causing damp in the bedroom and the electrical socket for the cooker was not working. A further inspection on 6th February 2025 found the salting kept reoccurring.[25]At the hearing it was agreed by the parties all the works included within the Notice had been completed, save for the remedial work required to remove the salting. Adrian Samad agreed he would contact the damp contractor and have the work remedied under the guarantee. The issue was the charge made by the Council of £460.[26]Peter Wilmot from the Council confirmed this charge was a standard charge when issuing an Improvement Notice and was based upon an average taken of the time expended by the Council when issuing such notices. It represented the time from the issue of the Improvement Notice; no charge was made for the work prior to that point. 27 Adrian Samad stated the charge was unreasonable. The delay in the completion of the works was beyond his control but caused by the tenant not either being available for the workmen or not allowing them into the Property. The tenants of his properties will generally only allow access if the issue is urgent. He confirmed he has two regular workmen who look after his portfolio of properties, totalling approximately 60 in Grimsby. There are additional contractors for electrics. Amanda Crickmore advised in her written submissions she had queried with Mrs Pearson whether she had refused access or had been unavailable. She had confirmed she had provided the workmen with a key whilst the work was being completed and this had been returned once the work was finished. Determination 28 The Tribunal noted that at the time of the inspection, all works required by the Notice had been completed, save for the remedial work arising from the damp work completed in October 2024. It therefore determined the Notice should be amended to reflect the outstanding work and require its completion within 3 months. It noted the necessity of the work was accepted by Adrian Samad. 29 The Tribunal considered the costs claimed of £460 and determined those are payable by the Adsam Partnership. It noted the Council had given the opportunity for the work to be completed on an informal basis and it was only when that failed did it issue the Notice. It was at that point the works were completed. The issue of the Notice was therefore not unreasonable, but necessary. 30 Adrain Samad had alleged the delay was caused by the tenant not being available. Here, the Tribunal noted the evidence from the Council that a key had been provided for the duration of the work. This was at odds with Adrian Samad. The Tribunal preferred the evidence given by Amanda Crickmore on this point; she had specifically asked Mrs Pearson what arrangements had been made. 31 The sum of £460 is payable within 28 days of the receipt of this decision by the parties.