Environmental Health - Visit to Property

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    Environmental Health - Visit to Property

    I have an eviction going through. Tenants correctly served etc and have not moved on. The matter has now been escalated to court, S21 and Accelerated Procedures.

    The property has always been well maintained and only ever a couple of minor repairs ever needed doing. Those repairs were addressed promptly.

    Now, all of a sudden, the tenants have contacted environmental health claiming all sorts. EH have visited the property and basically done me a favour by confirming in writing that there is no damp whatsoever in the property (tenants were claiming there was).

    EH has advised that a garden gate needs re-securing as bolts coming lose from wall. I have been given 2 months to do this. It's not a problem - it will be done.

    What my real concern is, can EH, be allowed to get involved when tenants have made no effort to contact me about the side gate? Obs I will do it, even though tenants should have moved out 2 months ago etc.

    Even the shelter website tells tenants they must inform Landlord of any issues and give them a chance to repair before even involving the environmental health.

    I sort of want to complain to EH, that they have got involved a bit too early. None of this was necessary, if this makes sense?

    #2
    Forget it IIWY. They'll just say that you should have noticed the garden gate yourself.

    Comment


      #3
      Originally posted by JK0 View Post
      Forget it IIWY. They'll just say that you should have noticed the garden gate yourself.
      I had done a full inspection 4 weeks previously. There was no damage to the gate and it wasn't pointed out to me either. Tenants present.

      Surely, the environmental health should only be able to get involved, if and only if, the Landlord has been notified of said repair and has not rectified.

      I am fed up of the Landlord battering. There are rules in place to protect the Tenant's, but what about some rules which would protect the Landlord from false allegations and would also save the public purse (Environmental Health involvement).

      Comment


        #4
        Of course EH have such powers. I'd report next door property if I had reason to think it was seriously substandard.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          I had the same situation with a T I was evicted, they called the Council, saying all sorts of things, the council inspected found nothing, I also had previous done an inspection a month early where T didn't mention anything. Luckily the T who evicted didn't do anything more to the property in terms of serious problems, like put a screw in the water pipe etc. But T's will do anything to stay where they are as they are advised by the council to stay and wont be re-housed until they are physically made homeless.

          The council also tried to pay me to keep the T, when I mentioned the drug habit, the council officer didn't bother perusing the matter. A week before the the eviction, I get a letter from the council that they are escalating the issues, I sent them a strongly worded letter back saying, you haven't come round to the property to inspect it, the previous inspection 3 months earlier found no issues. Didn't hear back from the council after that, then found around 8k worth of damage to the property.... you live and learn.

          Comment


            #6
            Originally posted by theartfullodger View Post
            Of course EH have such powers. I'd report next door property if I had reason to think it was seriously substandard.
            You've gone off context Artful. My question is specific to the correct reporting of repairs by tenants, prior to involving EH.

            I notice you are a fan of Shelter. It is on their website informing tenants to take correct steps in reporting repairs, giving Landlord opportunity to repair, even chasing repair (reminding Landlord). Only after that does the website suggest you contact the Council for help.

            As Landlords, we have a responsibility to our tenants. Shouldn't the Tenants have a responsibility to approach the Landlord for repairs, before involving EH?

            Looking at Repossessions. If LL needs to take back possession of a property, we have to ensure everything is 100% in order or our claim is likely to be chucked out and we have to start all over again. Surely, if LL have to follow procedures, then so should Tenants.

            Comment


              #7
              No of course tenants don’t have to follow procedures.
              They can do whatever they want when they want.
              They don’t have to work, even though there’s nothing wrong with them.
              They get everything for nothing and have the full support of every interfering body in the country.
              Landlords on the other hand are just the mugs that put a roof over tenants heads, deal with the hassle, get no backup whatsoever and are becoming ruled and dictated to more and more !

              Comment


                #8
                Originally posted by Robert694 View Post
                Landlords on the other hand are just the mugs that put a roof over tenants heads, deal with the hassle, get no backup whatsoever and are becoming ruled and dictated to more and more !
                If I felt like this, I would sell any rental property I owned and do something else.
                No one is compelled to be a landlord and engaging in business with people you feel have an unreasonable advantage over you is not healthy.

                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  We all know that LL's are viewed as oppressing the poor and the needy (tenants), and said renters are at the mercy of the rapacious LL...... It is a cross we all have to bare, the tenants know the game is up and are simply trying cause as much hassle as they can before the inevitable happens, i agree that the EH should be more ware of false claims by tenants who have not reported the issues first to the LL but as any govt body they are simply covering their backsides. Let it go and just be happy when they are out.

                  Comment


                    #10
                    Originally posted by MAPTON View Post
                    What my real concern is, can EH, be allowed to get involved when tenants have made no effort to contact me about the side gate? Obs I will do it, even though tenants should have moved out 2 months ago etc.

                    Even the shelter website tells tenants they must inform Landlord of any issues and give them a chance to repair before even involving the environmental health.
                    I think the reason Shelter say this is that the legal requirements for defending a section 21 notice as a retaliatory eviction require the tenant to tell the landlord of any issues (and receive an unsatisfactory or no response) before involving the local authority.
                    If the tenant doesn't do this, even if the local authority serve an improvement or safely notice, the requirements haven't been met.

                    Lots of tenants believe there are issues with their property that the landlord is unwilling to address or insists is the fault of the tenant's behaviour and, if they do, involving environmental health is probably logical.
                    And, in this case, the local authority seems to have responded reasonably, which doesn't seem to always be the case.

                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Originally posted by MAPTON View Post
                      Surely, the environmental health should only be able to get involved, if and only if, the Landlord has been notified of said repair and has not rectified.
                      And how would they determine that? They can't just take your word for it.

                      I'm sure it's a common occurence that the tenants says they reported something wrong but the landlord denies it.
                      Instead of wasting everyone's time chasing correspondence, I think it's simpler for everyone if they just do the check and report what they find.

                      It would have been more effort and stress if they started asking you about why you didn't fix the damp before they had even inspected the property - we see plenty of complaints here about similar behaviour. It seems to me that they acted entirely sensibly and pragmatically in this situation, which isn't always the case.

                      Comment


                        #12
                        It shouldn't affect you s21 validity or your eviction MAPTON. I would just see it as an act of desperation from tenants who have been wrongly advised about claiming disrepair. The big issue for you is the amount of time its likely to take to convert that s21 notice to an eviction.

                        Comment


                          #13
                          The tenant is supposed to follow a procedure before contacting the council, you should be contacted ideally in writing with the problem and given sufficient time to address the problem.

                          If they haven't done this, contact the council team and inform them of the situation. If you are pro-active they will not serve an improvement notice.

                          I had a tenant once that complained to the council whilst blocking access, I sent proof to the council team (including some of the tenants vulgar language), the council did eventually visit but it was informal if anything. They give ample warning and opportunities before serving an official improvement notice, from my sole experience, it is reallly reserved for landlords who will not fix any issues.

                          They key is to be pro-active and document your attempts at remedial works.

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