Decision

Regulatory Notice: Adur District Council (10 May 2023)

Published 10 May 2023

Applies to England

RSH Regulatory Notice

• Provider: Adur District Council

• Regulatory code: 45UB

• Publication date: 10 May 2023

• Reason for publication: Consumer Standards

• Regulatory route: Reactive Engagement

Other providers included in the judgement

None

Regulatory Findings

The regulator has concluded that:

a) Adur District Council (Adur DC) has breached parts 1.1 and 1.2 of the Home Standard; and

b) As a consequence of this breach, there was the potential for serious detriment to the provider’s tenants.

The regulator will work with Adur DC as it seeks to remedy this breach.

The issue

Adur DC made a self-referral to the regulator in February 2023 as it had identified a failure to meet statutory health and safety requirements in some of its homes. Adur DC told us it had not completed fire, electrical and asbestos safety checks for every property which needed one and a high number of properties did not have smoke alarms installed. Adur DC also told us it did not know whether all its homes met the Decent Homes Standard.

Our investigation

As a registered provider, Adur DC is required to comply with the consumer standards, including the Home Standard. The Home Standard requires registered providers to ensure tenants’ homes meet the criteria set out in government’s Decent Homes Standard.^{[footnote 1]} The Home Standard also requires registered providers to meet all applicable statutory requirements that provide for the health and safety of tenants in their homes.

In relation to the quality of its homes, Adur DC told us it could not evidence what proportion of its homes met the Decent Homes Standard, as it does not hold full or accurate data in this area.

In respect of fire safety, Adur DC has a statutory duty^{[footnote 2]} to regularly assess the risk of fire and to take precautions to prevent the risk of fire. Adur DC reported that almost 20% of fire risk assessments were overdue and that it did not hold full and accurate data on the completion of remedial actions arising from fire risk assessments.

With regard to electrical safety, Adur DC is required to ensure that electrical installations are in working and safe condition both at the start of any tenancy and throughout that tenancy.^{[footnote 3]} Adur DC reported that almost 200 communal areas did not have a valid electrical safety check. Adur DC also reported that more than 1,500 domestic properties had not had an electrical inspection within the last 10 years. Adur DC reported that it had had issues with its record keeping, monitoring, and evidencing of electrical testing work across its homes.

For asbestos safety,^{[footnote 4]} Adur DC is required to carry out annual inspections where asbestos is found to be present. Adur DC reported that more than 50 asbestos inspections of communal areas were overdue.

For smoke alarms,^{[footnote 5]} Adur DC is required to ensure that at least one smoke alarm is equipped on each storey where there is a room used as living accommodation of a property. Adur DC reported that more than 1,500 properties do not have smoke alarms installed.

The regulator considered the case as a potential breach of parts 1.1 and 1.2 of the Home Standard and has concluded that Adur DC did not have an effective system in place to allow it to meet its responsibilities in relation to both the quality of its homes, and in relation to statutory health and safety compliance across a range of areas.

Providing good quality homes and complying with statutory health and safety requirements are fundamental responsibilities of all registered providers because of the potential for serious harm to tenants. Adur DC has demonstrated to the regulator that it now understands the work it needs to undertake to resolve the issues, both in relation to its compliance with the Decent Homes Standard and to ensure all relevant safety actions are completed. However, taking into account the seriousness of the issues and the number of tenants potentially affected, the regulator has concluded that Adur DC has breached the Home Standard and that there was a risk of serious detriment to tenants during this period.

Our engagement

Adur DC has started to put in place a programme to rectify these failures including commencing a programme of stock condition surveys and prioritising the completion of outstanding health and safety checks. The regulator will work with Adur DC as it continues to address the issues that led to this situation, including ongoing monitoring of how it delivers its health and safety and decency programmes. We will continue to keep our use of statutory powers under regular review through our engagement with Adur DC.

Section 198A of the Housing and Regeneration Act 2008 (as amended) states that the regulator’s regulatory and enforcement powers may be used if a registered provider has failed to meet a consumer standard. In order to use regulatory or enforcement powers, as well as the failure to meet the standard, there should also be reasonable grounds to suspect that the failure has resulted in a serious detriment to the provider’s tenants (or potential tenants) or that there is a significant risk that, if no action is taken by the regulator, the failure will result in a serious detriment to the provider’s tenants (or potential tenants).

About our Regulatory Notices

Regulatory notices are issued in response to an event of regulatory importance (for example, a finding of a breach of the Rent Standard or of a consumer standard that has or may cause serious harm) that, in accordance with its obligation to be transparent, the regulator wishes to make public. More detail about Regulatory notices is set out in Regulating the Standards.

1. A Decent Home: Definition and Guidance for implementation (June 2006 - Update) ↩

2. The Regulatory Reform (Fire Safety) Order 2005 ↩

3. Landlord and Tenant Act 1985 ↩

4. The Control of Asbestos Regulations 2012 ↩

5. Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 ↩