North Yorkshire Council Landlord Services - Disrepair Policy DRAFT
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Version |
Development stage |
Descriptions |
Key Changes Implemented |
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1 |
Initial Draft |
Preliminary version of the policy document developed by the Service Improvement Team. |
Baseline content created outlining the policy’s purpose, scope and initial provisions. |
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2 |
Internal Consultation and Tenant Engagement |
Circulated for internal review, including legal and departmental stakeholders and involved tenant representatives for feedback. |
Feedback received from legal services and relevant officers with comments documented. Tenant feedback collated. |
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3 |
Post Consultation review |
Final draft prepared following internal consultation, legal review and tenant feedback. |
Incorporated legal advice, officer feedback and tenant feedback - refined language, clarified elements of the policy and aligned with legal processes. |
1. Introduction
North Yorkshire Council (the Council) has statutory and contractual obligations regarding the repair and maintenance of it’s properties to ensure they meet the required standards, and those detailed in the Repairs Standard (see Appendix ?). Disrepair refers to instances where the Council does not meet its repair obligations.
This policy sets out the approach taken by the Council to meet it’s obligations and manage any reports of disrepair from tenants and/or leaseholders who are dissatisfied with the condition of their homes and the options available to tenants and/or leaseholders if these are not met.
This policy should be read in conjunction with the Council’s Housing Complaints Policy which details the process of making a complaint and the steps the Council takes when dealing with complaints.
This policy aims to provide a clear framework for the Council when dealing with reports of housing disrepair. It will ensure clarity, consistency and provide a clear audit trail.
2. Scope
This Policy applies to all residential properties owned and managed by the Council. It should be read in conjunction with individual tenancy and/or leasehold agreements as the Council’s obligations may vary.
In mixed-tenure buildings—such as those containing a combination of tenants, leaseholders, shared owners, or Right to Buy (RTB) homeowners—the Council will manage repairs in accordance with the relevant legal and contractual responsibilities.
The Council will not accept any liability for works items that are the tenant or leaseholder’s responsibility or where the tenant or leaseholder has failed to raise a repair through the Council’s Repairs team nor followed the Council’s Complaints Policy.
This Policy will be delivered within the resources of the Housing Revenue Account.
3. Key Principles
The Council aims to provide a high-quality service for all residents, however we acknowledge that sometimes things go wrong.
The main objective of the policy is to maintain homes and provide excellent repairs and maintenance services, avoid litigation wherever possible and to follow the Pre-Action Protocol guidelines on seeking alternative dispute resolution.
The principles of the policy are:
- To clearly outline what constitutes disrepair
- To ensure compliance with the relevant legislation
- To highlight the responsibilities of the Council and tenants / leaseholders
- To ensure tenants are informed about their rights and responsibilities regarding disrepair and how to report issues
- To ensure prompt response and resolution to all reports of disrepair
- To encourage prompt resolution and avoid legal action
4. Associated Frameworks and Legal and Regulatory Compliance
The Council will ensure that disrepair reports are dealt with in accordance with relevant legislation which includes, but is not limited to the following:-
- Landlord and Tenant Act 1985 (LTA) Section 9A and 11
- Defective Premises Act 1972 (DPA) Section 4
- Environmental Protection Act 1990 (EPA) Section 82
- Homes (Fitness for Human Habitation) Act 2018
- The Pre-Action Protocol for Housing Conditions Claims (England)
- Civil Procedure Rules
- Housing Act 2004 – Housing Health and Safety Rating System Assessment
- Housing Ombudsman (HO)
- Social Housing (Regulation) Act 2023
This policy should be read in conjunction with the Councils Housing Complaints Policy and Repairs Standard. The Council is also guided by the Social Housing Act (Regulation) 2023 and the Consumer Standards and, in this policy particularly, the key outcomes of:
· Fairness and Respect
· Information about Landlord Services
· Tenant satisfaction
· Safety and quality
5. What is disrepair?
Housing disrepair means a residential property with outstanding defects whereby
- The repair falls within the Council’s statutory, express and/or implied repairing obligations;
- The Council was on notice of the repair;
- The Council failed to remedy the repair within a reasonable period of time; and
- The tenant and/or leaseholder has not prevented access for the repair works.
6. The Council’s Aims
As per the Repairs Standard, the Council wants its residents to be happy in their homes and with the services offered. The Council therefore operates a responsive and reliable repairs and maintenance service which aims to keeps residents safe, secure, and comfortable in their homes and mitigate against the potential for disrepair. The Council is committed to a modern and efficient approach to repairs that provides tenants and leaseholders with a flexible, convenient, and customer-oriented service with Health and Safety as a top priority.
As such it is embedded into the way the Council delivers it repairs service – with an expectation that all who deliver on the Council’s behalf will also work safely, remain aware of risks, and report incidents and concerns promptly.
The Council is committed to delivering excellent customer service and fostering a culture of continuous improvement. In terms of its Housing Standards repairs service this means the Council will:
• Listen to what tenants and leaseholders are saying – as well as responding to repair requests and complaints, the Council also proactively request feedback through satisfaction surveys and resident forums
• Use tenants feedback to inform the Repair and Maintenance Service enabling continuous service improvements
• Provide feedback to tenants using systems of ‘We asked, You said, We did’ through tenant newsletters
• Comply with all legal and contractual obligations, and regulatory standards including the relevant consumer standards
• Hold itself accountable by monitoring and reporting performance.
• Measure itself against other customer centred organisations within the housing sector using Housemark as a performance monitoring tool.
• Provide a reliable and accessible service that meets tenant and leaseholder expectations
• Consistently deliver high-quality work that represents value for money
• Deliver the majority of non-specialist general repairs works directly through its in-house Housing Standards Repairs team
• Train all staff in Equality, Diversity and Inclusion to embed understanding about delivering services in different ways to meet the individual needs of tenants and leaseholders
Thorough inspections will also be undertaken to void properties to identify potential repair issues and remedy any defects before the property is re-let, as detailed in the Lettable Standard.
7. The Council’s Responsibilities
As landlord, the Council is legally obliged to repair and maintain it’s properties. Under the Landlord and Tenant Act 1985, section 11, this includes the requirement to keep in repair the structure and exterior of the dwelling, including drains, gutters, and external pipes. It also includes ensuring that installations for the supply of water, gas, electricity, sanitation, space heating, and water heating are kept in repair and proper working order. Section 9A of the Act and The Homes (Fitness for Human Habitation) Act 2018 further imposes an obligation on the Council to ensure that its properties are fit for human habitation at the start of the tenancy and/or leasehold agreement and remain so throughout its term.
8. Tenant and Leaseholder Responsibilities
Not all repairs reported will be the responsibility of the Council, and this will be discussed, with advice given, at the time a repair is reported.
The Council expects residents to carry out interior repairs that are their responsibility and to report any repairs that are NYCs responsibility to us promptly. In certain situations, such as a significant health and safety risk or in the case of resident vulnerability, the Council will consider undertaking repairs that are the responsibility of residents and recharge them for the cost where applicable.
Residents are contractually obliged under the terms of their tenancy agreement or lease to grant access to the Council or our partners and contractors to inspect and/or carry out repairs that the Council is responsible for. Access must be given on 24 hours’ notice (or as per the terms of the tenancy) unless in the case of emergency when immediate access must be given.
Tenants are responsible for certain repairs within their homes, including but not limited to minor internal fixtures, fittings, and day-to-day maintenance. Specific responsibilities may vary, and tenants should refer to their individual tenancy or occupancy agreements for full details.
A detailed list of repair responsibilities for both the Council and customers can be found within the Repairs Standard.
For leaseholder properties, the respective repairs and maintenance responsibilities will be outlined in individual leaseholder agreements.
Furthermore, tenants and leaseholders must:
· Report any repairs needed to the Council as soon as possible
· Properly ventilate their property
· Properly dispose of rubbish
· Maintain decoration
· Allow the Council and authorised subcontractors access to their property to investigate any repairs and carry out necessary works.
9. Reporting Repairs
Tenants can report repairs through several accessible channels: by phone, online via the council’s website, or in person at any council office. When reporting a repair, tenants are encouraged to inform the council of any health concerns or vulnerabilities so that reasonable adjustments can be made to meet their specific needs. Once a repair request is received, the council will arrange an appointment that aligns with the tenant’s availability. All operatives attending appointments will carry official identification for tenant reassurance. For communal area repairs, appointments will still be scheduled even if tenant access is not required.
The Council is committed to investigating all reports of disrepair thoroughly and taking appropriate action in line with the response times outlined in the Repairs Standard, and detailed below. Where disrepair is found to result from a tenant’s or leaseholder’s failure to meet their own repair responsibilities, the Council reserves the right to recharge the cost of any remedial works carried out.
If a tenant is dissatisfied with how their repair has been handled, they are encouraged to raise their concerns in accordance with the Council’s Complaints Policy. Complaints can be submitted by phone, online via the Contact Us form, or in person at a local office.
10. Notice and timeframes for repair
Repairs may be identified, and notice given, by numerous stakeholders including tenants and/or leaseholders, Council staff, contractors, surveyors, local authority health and safety professional or other third parties. They must be remedied within a “reasonable period” following receipt of notice of the defect .
The Housing Standards Repair service has developed a sample of repair priorities which aim to reflect the priority attached to the repair. The repair priority will meet all regulatory and legislative requirements.
The repair priorities are:
Priority 1 – response within 2-4 hours, and made safe within 24-hour time frame. An emergency that puts someone’s safety, security, or health at immediate risk – for example, no heating or hot water, burst pipes or dangerous electrical fittings.
Priority 2 – response within 72 hours. Not an emergency but an urgent repair that needs to be done quickly to prevent an increase in risk to tenants or more damage to the home - for example, loose handrail, blocked sink/basin, partial loss of electricity or water
Priority 3 – response within 7 calendar days - Priority repairs which pose a moderate risk to tenant safety (for example, missing roof tiles, faulty extractor fan) and work which has been identified, following a survey, as a hazard which poses a significant risk to the health or safety of the resident to be commenced within 7 calendar days
Priority 4 – response within 28 calendar days (i.e. plaster work, joinery work to windows/doors, rainwater goods, general surveyor inspection)
11. Planned Works
If the problem cannot be fixed by a responsive repair, requires more planning and is not urgent or dangerous, the Housing Standards Service will identify these works as ‘Planned Repairs’.
The time to complete a planned repair will vary, depending on the nature, size and urgency of the job as well as any tenant vulnerabilities.
If a Planned Repair relates to Health and Safety, the works will be identified with a with a 28 Day (Priority 4) response.
All other Planned Repair works that are agreed will be recorded on the council’s repair and maintenance system, and batch released to the appropriate Housing Standards team. All works once released for action will have 10 weeks (70 calendar days) from the release date of the batch to complete the works.
These planned repairs could take up to 24 Months to be completed. Tenants will receive clear and timely updates in relation to any agreed and outstanding work via letter or email within the following timeframes:
• 14 Days after any inspection to confirm what has been agreed.
• Quarterly updates on outstanding work with estimated completion dates
Complex works, including damp and mould requiring follow up surveyor inspections to ensure the work undertaken has addressed the issued, will be released for actioning by the surveyor every 8-10 weeks, dependent upon the type of work undertaken.
12.Programmed Replacements (including Retrofit work)
If the problem cannot be fixed by a responsive repair and requires a full component replacement, and/or internal/external alterations the Housing Standards Service will identify these works as ‘Programmed Replacement/Retrofit.
Where a Programmed Replacement relates to Health and Safety, the works will be identified on the Repairs and Maintenance system with a 28 Day priority (Priority 4) e.g. a Fire Door.
All other Programmed Replacement/Retrofit works that are agreed will be recorded on the council’s repair and maintenance system.
All works once released for action will have 10 weeks (70 calendar days) from the release date of the property to complete the work. The work may be done by the council’s own in-house team or its contractors.
The Housing Standard Service operates a rolling programme of Programmed Replacement/Retrofit work and as such properties could be on the program for up to 24 Months. Tenants will receive clear and timely updates in relation to any agreed and outstanding work via letter or email within the following timeframes:
• 14 Days after any inspection to confirm what has been agreed.
• Quarterly updates on outstanding work with estimated completion dates
13. Legal Disrepair Claims
If a tenant or leasehold remains dissatisfied with the condition of their property, they may consider legal action such as bringing a legal disrepair claim against the Council. When responding to disrepair claims, the Council adheres to the Pre-Action Protocol for Housing Conditions Claims (England) (see Appendix 2). The Protocol applies to residential property in England and relates to claims by tenants and others in respect of poor housing conditions which remain unresolved after the landlord has been notified. The Protocol describes the conduct and timescales that the court will expect the parties to follow in a housing disrepair claim prior to the start of legal proceedings. It is intended to encourage the exchange of information between parties at an early stage and to provide a clear framework within which parties can attempt to achieve an early and appropriate resolution of the issues. The Protocol is clear that litigation should be a last resort and that tenants should utilise alternative dispute resolution including, for Council tenants, the complaints procedure and Housing Ombudsman Service. While the Council’s complaints procedure remains the primary channel for addressing tenant concerns, The Housing Ombudsman provides an independent and impartial mechanism for resolving complaints about housing-related issues, offering an additional avenue for resolution, as opposed to legal claims.
If a customer is considering legal action, their initial point of contact should be the Council’s Housing Standards Service? / Complaints Procedure?. The Council encourages early engagement to resolve issues without the need for formal legal proceedings. Upon receiving notification of a potential claim, the Council will acknowledge the matter, review the repair history, and arrange for an inspection where appropriate.
Where a tenant or leaseholder issues a legal disrepair claim against the Council, the Council may instruct a solicitor to act on its behalf. In accordance with the Protocol and Limitation Act 1980, the Council will disclose all relevant documents, on request, as part of its response.
The Council will also instruct a surveyor to inspect the property and provide a report and schedule of works in respect of any disrepair found. This will take place within timescales in line with the Protocol/legislation. These works will be carried out by the Council within a reasonable period of time. Parts of the property may be inaccessible for a period whilst works are undertaken. Where the property is uninhabitable as a result of the works the Council will provide temporary alternative accommodation in line with its decant process.
Tenants and leaseholders have a responsibility to allow the Council and its subcontractors access for inspections and to carry out repairs so long as they are given reasonable notice. Failure to do so is a breach of tenancy and/or leasehold agreement, even where legal proceedings are ongoing. The Council will consider possession proceedings and/or applying to the court for an injunction to obtain access in these circumstances. Failure to allow access is also a breach of the Protocol and the Council will seek costs in respect of this.
The cost of defending legal disrepair claims leaves the Council with less money to carry out property repairs and improvements for tenants and leaseholders. The Council is aware that a number of housing disrepair claims farmers operate in the North Yorkshire area, encouraging tenants and/or leaseholders to make disrepair claims and selling these claims on to legal firms for their own gain. These legal firms largely operate on a “no win no fee” basis. This means that, if the claim is successful, a proportion of the compensation awarded will be payable to the legal firm. If the claim is not successful, the tenant or leaseholder will not pay their own legal costs but will be ordered to pay the Council’s legal costs.
Where appropriate, any compensation awards will be checked against outstanding debts to the Council, this includes, but is not limited to, sundry debts, recharges, current and former rent arrears, and council tax arrears. Payments will then be offset against any debts owed to the Council and the remainder (if any) will be paid directly to the tenant.
14. Performance Monitoring
North Yorkshire Council is committed to transparency, accountability, and continuous improvement in the delivery of its services. Performance in relation to the implementation of this policy will be monitored through the Housing Revenue Account Performance Framework.
To support effective oversight and continuous improvement, the Council will maintain a comprehensive Disrepair Register. This register will capture key performance metrics, including the number of cases opened and closed, case outcomes (e.g. upheld, partially upheld, not upheld), and the average time taken to resolve each case. It will also record financial data such as the amount and date of any payments made, including compensation and legal fees.
This information will be used to monitor trends, ensure accountability, and inform service enhancements, in line with the Council’s commitment to transparency and compliance.
15. Communication and tenants voice
A copy of this policy can be found on our website and can be requested in PDF format or hard copy. If you need this in a different format, please let us know and we will make all reasonable efforts to provide this.
The policy will regularly be promoted to tenants via our communication channels including via the tenants newsletter.
North Yorkshire Council will ensure that this policy is applied fairly and consistently to all tenants and leaseholders. An equality assessment was carried out during the development of this policy. This concluded that the implementation of this policy will not have any negative impacts.
We recognise that in application of this policy that there is not one solution for all, each situation will be different and different resolutions may be sought. We will take individual circumstances and diverse needs and vulnerabilities of our tenants with a range of solutions in mind – within the restrictions placed by relevant legislation.
17. Policy review
This policy will undergo an initial review after one year, followed by a review every three years by the Service Improvement Team to ensure alignment with legislative, regulatory, and best practice developments. Where necessary, interim updates may be made outside of the scheduled review cycle to maintain the policy’s relevance, fairness, and effectiveness.
Last updated:
Approved:
Review Date:
18. Contact
For comments or complaints about a service or to request compensation please contact:
Insert contact details here
North Yorkshire Council is committed to treating all tenants fairly and respectfully when handling disrepair reports. However, in rare cases where individuals pursue complaints in a way that is unreasonable, persistent, or intended to disrupt services rather than resolve genuine issues, the Council may take steps in line with its Unacceptable Complainant Behaviour Policy. This may include measures such as assigning a single point of contact to manage communication or limiting the frequency of contact. These actions are taken to ensure that resources remain focused on resolving legitimate concerns while maintaining a safe and respectful environment for staff and service users. Tenants will be informed of any such decisions and the reasons behind them, with the opportunity to appeal if appropriate.