National policy and legal context
In producing this policy, the following have been considered:
Housing Act 1985: covers the main powers and duties of local housing authorities.
The Landlord and Tenant Act 1985: Section 11: Repairs and Maintenance: provides an obligation on landlords to maintain the exterior and structure of the dwelling and keep in working order the installations within the home.
Decent Homes Standard: is the minimum standard that all social housing homes must meet. This includes properties being in a reasonable state of repair, having reasonably modern facilities and services, and provision of a reasonable degree of thermal comfort.
Environmental Protection Act 1990: can apply when a tenant’s home is suffering from a statutory nuisance. The Act sets out what may be considered a statutory nuisance, including any premises in such a state as to be prejudicial to health or a nuisance. Damp related defects can be considered prejudicial to health.
Housing Act 2004: this Act introduced the Housing Health and Safety Rating System, mandatory Homes in Multiple Occupation (HMO) licencing, additional and selective licencing, and the tenancy deposit protection scheme.
Housing Health and Safety Rating System 2006: is a risk-based assessment tool to help local authorities identify and protect against potential or actual hazards within the home.
Homes (Fitness for Human Habitation) Act 2018: aims to make sure that landlords must rent out properties that are safe, secure, warm, and dry.
The Charter for Social Housing Residents: Social Housing White Paper 2020: sets out the actions that government will look to introduce to ensure that social housing is safe to live in, residents are listened to, the provision of good quality homes, and the opportunity to change when things go wrong.
The Energy White Paper 2020: powering our net zero future: sets out a strategy for the UK’s energy transition so that by 2050 all buildings will be energy efficient with low carbon heating.
Building Safety Act 2022: provides homeowners and residents more rights, powers, and protection so homes are safer.
Social Housing (Regulation) Act 2023: provides the legal basis for several of the measures included in the Social Housing White Paper 2020.
An amendment to the Bill is the introduction of Awaab’s Law. This will force social landlords to repair damp and mould issues within a strict, defined timescale. (will need revision following consultation and enactment).