Housing and Welfare - Melford Housing Association - Coursework Example

Housing and Welfare (Assignment (Word Count) of College) Housing and Welfare According to the provided information, Shazia has rented the flat from Melford Housing Association. However, she has found that the windows do not shut properly, and that due to damp and mould, there is severe condensation. She claims that due to the situation, her asthma has got worse. Though she wrote to the Melford Housing Association, no steps have been taken so far to address the issue. Admittedly, there are a large number of legislations in the UK to which the landlord should adhere to before getting the tenancy agreement signed. According to the Landlord and Tenant Act, 1985, the landlord is responsible for maintenance of the structure and exterior of the property. Also, there should be installations for the supply of water, electricity, gas and also for sanitation. In addition, there should be installations for space and water heating. Moreover, under the Housing Act of 2004, there is a Health and Safety Rating System. According to the Safety Rating System, it is necessary to ensure that a property does not contain any category 1 hazards when it is let. According to the Act, local authorities have the powers to inspect properties and decide whether they contain any hazards that belong to category1. However, in the present case, the matter is that of disrepair and condensation. Admittedly, the liability to repair arises when there is disrepair and the landlord who is responsible to repair the same has notification of the defect. Admittedly, in this case, the Melford Housing Association has been duly informed by Shazia. However, according to the existing laws, the allegation of disrepair holds ground only when it meets two factors. Firstly, there must be a deterioration caused to the premises from a previous better condition due to the disrepair, and there should be an implied or expressed obligation to repair the part that has deteriorated. Condensation is a kind of disrepair, and is considered as a result of the life of the occupants. This is so because condensation is often the result of inadequate heating or ventilation. Thus, it is likely that the court will not find the landlord guilty of disrepair. An example is the Quick v. Taff Ely BC (1985) 3 WLR 98. In this case, there was severe condensation as a result of the big metal frame windows. Also, there was damage to the furniture, bedding, clothing, and decorations. The court was of the opinion that though dampness caused by the condensation created an unbearable situation, the tenant would not get any remedy against the landlord. According to McQueen, this was so because according to the legislation, the landlord was responsible to repair only the structure and exterior of the premises2. There is yet another case that makes the legal position even simpler. In Southwark LBC v. McIntosh (2002) I EGLR 25, the court held that the tenant does not have the right to claim disrepair unless the damp arises from disrepair to the structure and the exterior of the dwelling, or unless the damp has caused damage to the structure or exterior. Thus, it becomes evident that as far as Shazia cannot prove that the condensation is the result of disrepair that caused a fall from the previous good condition, she is likely to get no remedy against the landlord. In addition, evidently, there is no damage caused to the structure or exterior as a result of the disrepair and the condensation. Thus, again, she is likely to get no remedy in her favour. Another important issue is that the windows do not shut properly. Here, again, Shazia stands to lose the case as the landlord is likely to term it as an inherent defect. Admittedly, she has not claimed that the windows shut properly at the time of signing the agreement and that disrepair has caused the present situation. To illustrate, in Collins v. Flynn (1963) 2 ALL ER 1068 where a building collapsed as a result of inadequate foundations, the court held that replacing the foundations and replacing the structure amounted to improvement; not repair3. However, as it becomes evident from Ball and Plummer (1879) 2 TLR 887 CA, windows are included in the list of the exterior, and thus come under the responsibility of the landlord. However, what Shazia should take into consideration is the fact that a landlord is less likely to be held liable if he lets a tumble down house. However, there is the Defective Premises Act, Section 4 of which points out that the landlord has such responsibility to repair and maintain the property so that the tenants are reasonably safe from personal injury or from damage to their property caused by the defect. It is this Defective Premises Act that gives some possibility of compensation to Shazia in the present circumstances. If she manages to show that the defect windows have led to some problems, there is a likelihood of getting the windows repaired. However, the allegations regarding condensation are likely to fail4. In the case of Jade, the issue is that her son, Kevin, aged 11 years, is into vandalism, and there are a lot of complaints about him in the area. He destroys properties in the locality. Jade admits that she lost her interest in him and is seeing a new boyfriend. Her boyfriend and his friends come to her house for taking drugs, and create nuisance. Admittedly, the housing authority has taken notice of the situation and has informed her that they are planning some legal measures. According to the Housing and Anti-social Behaviour by the Department for Communities and Local Government, anti-social behaviour can be defined as a behaviour that is capable of causing nuisance or annoyance to an individual or the wider community. This includes nuisance neighbours, intimidating groups taking over public spaces, vandalism, dealing drugs, and reckless driving5. According to the guidelines, local agencies ranging from police, environmental health teams, and local authority landlords known as housing associations have the power to take steps to deal with anti-social behaviour. Admittedly, the residents in the area have given the details of the problems they face from Jade, and hence, it is right from the part of the housing authority to inform Jade that further steps would be taken. One way to deal with the problem is to make Jade sign an Acceptable Behaviour Contract. Admittedly, this contract does not have any legal validity. However, if Jade is seriously thinking about avoiding anti-social behaviour, she can convince the housing authority of her willingness to sign such an agreement and to abide by the same. However, the possibility of reaching such an agreement depends on the degree of nuisance she has caused. However, if the housing authority takes a tough stand, it might try to get a Housing Injunction which is known as ASBI. This is an effective way to prevent people from engaging in certain acts and behaviours. Another possibility is Demotion Orders. This will have a serious impact on her tenancy. This order will reduce the security of the tenancy she has got. This will make the landlords able to terminate the tenancy agreement and evict her if the behaviour continues. Also, the landlords can try to get a Possession Order that will result in the direct eviction of a tenant for the anti-social behaviour that affects others. The last option is the Anti-social Behaviour Order (ASBO) that offers criminal sanctions if the person continues with the behaviour. If any of these actions take place, Jade loses the chance of getting protection under the Protection From Eviction Act 1977. The first possibility is of an Interdict that usually comes from a Sheriff Court. This effectively prevents a person from repeating certain nuisances. If Jade fails to abide by the imposed Interdict, she will be caught for breach of interdict. This amounts to contempt of court and will result in fine and imprisonment. Another possibility is of an Antisocial Behaviour Order that can be used to tackle serious antisocial behaviour. This is especially useful in issues like drug dealing, unprovoked assault, regular vandalism, and damage to property. A breach of this Antisocial Behaviour Order will result in arrest, fine, and imprisonment. The last option is a Decree of Eviction. Considering the fact that most tenants in the community are fed up with the activities of Jade, it is likely that the authorities will even try this step too. Admittedly, a Decree of Eviction requires the neighbours to give evidence before the Sheriff, and there must be adequate evidence to prove that an eviction is reasonable. In the case of Jade, it seems that if she fails to change her behaviour, she is in danger of getting evicted. Thus, in total, it becomes evident that Jade, at present, is in danger of getting disciplined. Steps can vary from criminal procedures and compensation claims by other neighbours, Interdict by the Sheriff, Antisocial Behaviour Order, and even Decree of Eviction. At this juncture, the best option for her is to approach the housing authority and express her willingness to sign an Acceptable Behaviour Contract that will settle the dispute for the time being. However, if she fails to abide by the terms of the Contract, she is likely to face criminal procedures and eviction. Bibliography Department of Communities and Local Government, ‘Housing and anti-social behavior: A guide for residents’, 2007, p. 2-3, http://www.communities.gov.uk/documents/housing/pdf/138709.pdf, (accessed 06 January 2012). Legislation.gov.uk, ‘Defective premises act 1972’, 1972, http://www.legislation.gov.uk/ukpga/1972/35/contents, (accessed 06 January 2012). The Law Society, ‘Commercial leases and repairing obligations: Some current problems’, 1986, http://www.lawgazette.co.uk/news/commercial-leases-and-repairing-obligations-some-current-problems, (accessed 06 January 2012). Legislation.gov.uk, ‘Housing act 2004’, 2004, http://www.legislation.gov.uk/ukpga/2004/34/contents, (accessed 06 January 2012). McQueen, J., Landlord and Tenant Law, UK, Straightforward co Ltd, 2010. Read More