Council, Notice of Intention (for enforcement action), eviction in process

Landlord Discussion
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Single property Landlord, we asked tenants to leave a year ago, now a possession and eviction order, we have been waiting for a bailiff appointment for c. 14 weeks. It is a warm property, cavity wall, and fresh loft insulation.

In March, we received a notice from the Council about possible “extensive damp and mould” in the property - this turned out to be negligible in my view, we asked an independent inventory company to inspect the property and basically no mould was identified and all windows were check and photographed.

There are air brick vents in most rooms, and the tenants had covered one in the second bedroom complaining of cold air, which has caused some damp I think.

The property (1950’s) does not have an extractor hood or fan in the kitchen, and paint on the wall is peeling (badly). The Council have inspected the property, and as well as identifying the above, are not happy the windows on the firs floor open more than 100mm due internal sil’s being too low and danger of fall from height (children)

Council has requested:
-windows limiters which can be over-ridden by an adult
-a damp surveyor for kitchen, and an extractor fan/hood ducted to the outside (not practical at all, a pipe would need to be run along a wall), and all the walls pained in anti-mould paint
-the cold air brick in bedroom to be checked and given a screened filter to maintain flow and prevent bugs.

I think everything is being done to make this difficult, we have had numerous recent issues including block filters in the taps.

We know the tenants don’t necessarily open the windows, the last time I went past they were all closed on one of the hottest days of the year.

Given the ongoing eviction process, and possibility of an enforcement notice, can anyone make any suggestions here?

Do the regs really require a hood, or just extraction from the kitchen etc. Do I really have to provide limiters which can be over-ridden?

Thanks

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Limiters Yes . Not costly. All kitchens should have extractors

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I would advise you to comply. This is a ruse to avoid eviction by the tenant and the council.
The council used to help in these matters but now they won’t because they can’t house the tenant. Play ball.
Since Grenfell regulations have tightened .
Is the window egress compliant , how large is the opening ?
You can buy restrictors for a few pounds and get someone to fix them or change hinges if they are new windows .
Legally you have to provide extraction in the kitchen and bathroom. It’s part of current building regulations .
You don’t need a hood you can install a humidity sensor fan eg greenwood cv2gip. It can be installed in ceiling or wall . You can get a hood without external extraction plus humidity fan
That complies
See if that is acceptable or just fan alone
Avoid cost of chimney hood if you have no where for ducting ( it can go on top of units )
The paint is peeling due to condensation but you have not provided mechanical extraction .

You don’t need to do antimould paint . But speak to the inspector and see what they suggest if there is no actual mould . Acrylic paints which can be wiped down are better
I have seen mould grow in anti mould paint ….

For a few pounds put the filter on the air brick
It’s the difference between getting your tenants out so don’t argue

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Happy to comply, but what is being asked for seems highly detailed and specific.
“supply and fit a low-watt extractor hood/fan above the cooker in the kitchen, minimum 30lts/second, ducted to external air”
That is the demand, but what is required and what is not.

HHSRS is “Adequate extraction of moisture laden air during peak times, like cooking and bathing and laundry” and “1.21 The dwelling should be able to cope with normal occupant moisture producing activities without persistently high relative humidities. There should be provision for the safe removal of moisture-laden air during peak production. This should include extraction during cooking or bathing, either by mechanical means, or passive stack ventilation and direct venting of clothes drying facilities (whether tumble driers or drying cabinets) to the exterior.”

Are the Council asking for an extractor hood to be deliverability difficult and do they have a right to insist on that, or not?

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Speak to the council politely
If you have a humidity sensor extractor fan you can avoid the need for a chimney hood
It’s better because it relies on humidity and the tenant not switching it on
Send specification of fan to local authority and say this was recommended by buildings and it’s installed in new builds

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Its normal for hoods to have pipes running along walls when their location requires it…

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As AA said . Humidity extractor as near above cooker/ sink as is possible

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Thanks, that’s a great suggestion it is not a big kitchen and the cooker would be reasonably close to the extractor fan, within a few meters so a good starting point.

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It is wise to assume Building Regs document F volume 1 dwellings doesn’t apply here (Ventilation)…??

“This approved document takes effect on 15 June 2022 for use in England. It does not apply to work subject to a building notice, full plans application or initial notice submitted before that date, provided the work for each building is started before 15 June 2023. Full detail of the transitional arrangements can be found in Circular Letter 01/2021 published on gov.uk.”

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In my last refurb I used a hood but it did not extract outside
The tenants don’t switch it on anyway it’s more aesthetic
The inspector failed it until I pointed out the humidity sensor on the opposite wall

I used antimould paint in the bathroom
The extractor fan failed it grew mould !
Just tell them the last time you used antimould paint it grew mould
Do you mind if we use antiacrlylic paint and say you spoke to the damp specialist

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I have heard that continuous trickle extraction is better than humidity detection, because humidity detectors eventually get blocked (and your tenant won’t know this). Eg see
https://buildingdefectanalysis.co.uk/condensation/ventilation-strategy-for-condensation-management-part-1/
https://buildingdefectanalysis.co.uk/damp/ventilation-strategy-for-condensation-management-part-2/

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What is the ruse being referred to here, what exactly are council intentions. It would be difficult to stop this process

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The ruse is from the tenant first and foremost
It’s a way to stall eviction
if you are given a formal works notice it may hinder your eviction
I cannot speak of the council intention ( they may be pro tenant or doing just their job)
Their instructions are fair for a works order .
These rules have been in situ for a long period of time ( window fire destructors and kitchen fan )
The antimould paint ….. questionable

They may be pro tenant with trying to halt eviction
The fact you have not had a formal notice is a good sign and they are doing their job

I was once advised by an HMO inspector that works are advised so you are compliant ; if the tenant plays games they will know whose story to believe

Unfortunately times have changed and councils are strapped for cash . There’s a change in mentality . I used to find them helpful. I sit on the fence a little more.
There is a definite change in staff behaviour. They are more cautious as they too may suffer legal consequences
Grenfell changed the landscape

It’s best to play ball

You’ll get an idea of how reasonable they are when you speak to them regarding the paint

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I did speak to them, a claim of flexibility and willingness in terms of agreeing to extractor fan under HHSRS, but in reality it would need a follow up email to which they might later choose not to agree too.

I feel the only real risk might be the windows, easy to fix, surely the rest I should be able to deal with when the property is vacant?

Would it be worth proposing this, windows now and rest during vacant period, as some of the work does not seem health and safety related and has a decorative element (peeling paint on walls does not seem a hazard to me, if not lead-based)

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The kitchen fan is a must as is damp survey and dealing with air brick
Once those are done write to council
Anything mould related is imperative
Don’t cut your nose off to spite your face

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We have an independent report from an inventory company, they went around and photographed all windows. States no mould was found. Yet Council they are keen on anti mould paint as you say

Don’t disagree that action is needed.

It seems peeling paint can be hazard… but is it

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I don’t have experience of it
However google it and it is a hazard lead or non lead based do you need to deal with that
Speak to your local authority tomorrow
Environmental health should advise
Just ask the generic question

Health and safety is a major issue under this government

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The concern I have is this was all started with a report of severe mould, which apparently doesn’t exist

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It doesn’t matter
Bite the bullet and get it done
Otherwise your tenants are going to be your problem longer than necessary

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peeling paint , if old , may have lead in it