Offered a council property that was not acceptable standard

[Deleted User]

Hi, 
I've written this as trying to offer a friend some advice as they seem to have hit a brick wall with their council. I've been trying to help with the process of sending emails and writing letters with them but need some advice now as we have 1 final letter to write that will go towards a final verdict. 

The council finally offered the individual in question a viewing of a property approx 1 month ago. They have been waiting years to finally move so we're very excited. This offer was through a council that only allows 1 viewing of a property and if not taken and there is no valid reason they remove you from the council list. The property in question was a flat and supplied by the local housing association. 

On viewing the property the said person took a witness who used to actually have a role within the council. The property has major issues including severe damp and mold, exposed holes to framework around windows and doors, an unfit kitchen that could not be used for food in its current form and a number of other noticeable issues that would have cost a few thousand to make it anywhere near livable. When issues were raised the person representing the housing association said there would be no further help with regards to issues inside and that the property had to be taken as seen with the possible addition of paint vouchers. That was all... 
In 2018 a new law came in called the Fitness for Human Habitation act. This applies for tenants currently in a property but when it was explained that no further work would be undertaken once the property was accepted this surely would go against this law anyway as this person would of required these issues to be fixed? The person in question informed the council that there were major issues with the house and it was not fit to live in and due to this they were removed from the list with a set time to make a formal complaint and request a review as to whether this judgement was fair or not and here lies where the issues occur. The council were adamant the property was in a fit state. The said person got in contact with a local Councillor who took up their case and somehow managed to view photos of the interior. They also made a formal complaint to the housing association where they were emailed and also phoned and a sincere apology was given explaining that the property did in fact have issues and they were sending a repair surveyer. When relaying this information onto the council its as if they just don't communicate with the HA. It's a waiting game and you hear nothing. Finally the individual is requested to send a further letter for a review by a senior reviewing officer whom has had no dealings with the current case. Where does this person stand as they have clearly been told in not so many words by the HA that really they should not have even been shown this property in its current form prior to any repairs undertaken but the council don't see it that way and want a letter explaining why the property wasn't taken but a previous letter had been sent when they declined the property detailing these issues. However the council say it has to be written again for a final review. This is all adding to wasting more and more time and now with situation in the UK like it is there will probably be more delays. 
Does this individual have anywhere else to go since now this is all based on 1 persons judgement when the HA have already given their version of events and all of this goes against an actual law that is in place yet the council seem oblivious to. Maybe someone on here might see it differently so would be great to hear back before I help with putting this final letter together. 

tom9980

The law doesn't apply to HA and council property, and do you seriously think one department of the council will investigate another department or partner?

Meka3256

Maybe try citizens advice or one of the big housing charities eg Shelter?  They will be able to offer proper advice, and will still be working (although remotely) during the current lockdown.

Only being shown 1 property seems a really unfair rule - I grew up in social housing and it used to be 3 properties you could say no to before you were kicked off the list.  So I would say to your friend to also take advice about how reasonable that is.  Maybe it is commonplace now, but I think it sounds terrible from my layman perspective.

Good luck x

NeilCr

Meka3256 said:

Maybe try citizens advice or one of the big housing charities eg Shelter?  They will be able to offer proper advice, and will still be working (although remotely) during the current lockdown.

Only being shown 1 property seems a really unfair rule - I grew up in social housing and it used to be 3 properties you could say no to before you were kicked off the list.  So I would say to your friend to also take advice about how reasonable that is.  Maybe it is commonplace now, but I think it sounds terrible from my layman perspective.

Good luck x

Certainly in our area it can often be one strike and out

There is a dreadful shortage of social housing so they don't have the luxury of being able to offer three choices. It's a terrible situation as - as has been said - the property may well be unsuitable but you are caught between a rock and a hard place

Your  suggestion of contacting Shelter is a good one. CABs are closed and some (especially the smaller ones) may not be open for remote contact. Central phone lines will not have the local knowledge about the council and how they work. So a specialist Housing advice line will, likely, be the best first point of contact

Norman_Castle

Explain the situation to the HA and ask them to confirm the property should not have been offered in its current condition. The council will probably be used to people claiming properties offered are unfit to live in, you need the HA to confirm this one actually is in very poor condition and shouldn't have been offered.

[Deleted User]

I believe some councils don't allow repairs for six months after its been accepted so it might be a good idea to phone housing, check if this is the case so you can argue that it is unfit to live in now and would be for at least six months.  Definitely phone Shelter.  I hope they can help.  I know my council is one of the ones that only offers one viewing to the homeless which left me with no choice when I viewed a property. Lucky to have somewhere to live, but am having to do things to it myself as the council has refused most of the repair issues.  The kitchen was replaced as I needed a partly adapted kitchen, otherwise I'd have been waiting at least 2 years.  But it wasn't a pleasant process at all.  Sorry if I sound ungrateful for a rare commodity, I am grateful for the roof but not for the hassle that has gone with it.

[Deleted User]

tom9980 said:

The law doesn't apply to HA and council property, and do you seriously think one department of the council will investigate another department or partner?

It does now apply to social housing. 
Just a caption taken from a website:

From March, these rules applied to new tenancies, but from next year, they will apply to existing tenancies as well. So what does this mean for housing associations’ repairs and maintenance strategies? And will social homes meet the new standards?

“I know some [housing associations] have taken quite a proactive approach and are considering their stock,” says Giles Peaker, a lawyer at Anthony Gold Solicitors, who worked with Ms Buck to draw up the bill.

diggingdude

Did your friend take pictures of the property?  I often find in my line of work people claim their hosing is uninhabitable when it isn't.  Photo's would really help them prove their case

[Deleted User]

https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-local-authorities-homes-fitness-for-human-habitation-act-2018 This would seem to apply to the OP's situation as it clearly says:
"The Act came into force on 20 March 2019. The aim of the Act is to help drive up standards in rented homes in both the social and private sectors and provide an alternative means for tenants to seek redress from their landlord if their rented property presents a risk of harm to the health and safety of the occupiers. It does this by empowering tenants to hold their landlord, including registered providers such as housing associations, to account without having to rely on their local authority to do so."

[Deleted User]

The letter last received from the council states that a letter to the senior reviewing officer must be sent no later than next week. We have been using the local library to scan and print prior communications and due to the current situation in the UK our local library and I'm sure all library's are now closed. Surely councils must understand and be sympathetic to this and have alternative ways our communication for something so important. Would they consider an email given the circumstances at the moment, as that way we can include attachments from the Housing Association? The housing officer we have been dealing with has been anything but helpful and could have quite easily made a phone call to housing association and the matter would have been dealt with far easier and we wouldn't be in this position. However, they have left us to make all enquiries and complaints and everything has to be put in writing so they are trying to play hardball as much as possible and in all honesty it's getting to the point they just want rid of us so I'd like to know that they can't cause further issues now we are in this current climate of uncertainty. Things have do be done and dealt with a little differently and with a little more sympathy towards people's situations. Am I wrong in thinking this way? 

Norman_Castle

Email explaining how the lockdown prevents providing printed information. Try photographing information that cannot be scanned and adding this to the email. Contacting a specific person in a HA by phone is unlikely to be as simple as you suggest unless you have direct contact details. Offer the council the name and contact details of whoever in the HA can provide a valid opinion of the properties condition. Try asking the HA to contact the reviewer directly to explain the property shouldn't have been offered due to its condition.

Follow your email with a letter to the senior reviewer explaining why you cannot provide full information in the way they request but it is available and has been provided through email.