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Decision details

Decision on approach to Damp and Mould issues, Winter 2022-23.

Decision Maker: Director: Housing and Landlord Services

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

To enable Bristol City Council to exercise powers available under the Housing Act 2004 and to document the decisions followed in relation to Damp and Mould issues for the Winter of 2022/23.

Decision:

Following a direction from the Secretary of State for Levelling Up, Housing and Communities received on 19th November 2022, under section 3 of the Housing Act 2004, the enforcement of Damp and Mould hazards was reviewed.
The decision details the approach that the Private Housing Service will take in relation to damp and mould issues during the Winter of 2022/23. The Council currently exercises its discretion to use its power under the Housing Act 2004 to take action on hazards rated Band D under the Housing Health and Safety Rating System (HHSRS) as well as those in Bands A-C where the Council has a duty to take action (Private Housing Enforcement Policy 2016 (revised 2017)).
There are exceptional circumstances in place this winter which justify, exercising our powers to take appropriate action on Category 2 Band E Damp and Mould hazards. Where Damp and Mould issues are identified, if, after issuing an informal schedule of works, there is no reasonable progress by the responsible person to carry out the works within a reasonable period, formal enforcement action can be taken straight away. This is in accordance with our existing enforcement policy framework. The detail of the decision can be found here on the website: Private housing policies and performance (bristol.gov.uk)

Alternative options considered:

Option 1 - Not to approve the decision and be open to legal challenge.
Option 2 -
Option 3 -

Publication date: 30/01/2023

Date of decision: 24/01/2023