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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