Disrepair and EPA Claims Policy

Introduction

Customers' homes could be in a state of disrepair if we don’t meet our obligations as a landlord to keep their home in repair. This includes completing repairs we are responsible for in a reasonable time. It also includes making sure the installations for sanitation, electricity, gas and water supplies are in working order.

An EPA claim means there is an alleged statutory nuisance that is prejudicial to the health of the customer or other member of the household or a nuisance thus affecting the customers home, and when we receive a notice, we have 21 days to abate the nuisance.

This policy applies to customers renting a home owned or managed by the mhs group, including market rent, Foyers, garages, social, sheltered housing and properties we manage on behalf of other providers. It does not include commercial properties.

The term ‘we’ and ‘our’ relates to all concerned unless otherwise stated.

Who needs to know

This policy is relevant for all colleagues but particularly for those who are speaking to and visiting our customers in their homes.

Policy statement

This policy sets out our approach to managing Disrepair and EPA claims received in relation to defects within our housing stock.

We will have regard to this policy statement when making decisions, to ensure fair and consistent decision making

Purpose

By adopting this policy, mhs will ensure that we:

  • Comply with current and relevant legislation, regulatory standards and contractual obligations

  • Remain consistent with best practice and the strategic aims of mhs

  • Enshrine the organisation’s commitment to putting customers at the heart of our policy making process

  • Continue to meet the diverse needs of our customers, stakeholders and staff

  • Work well on an operational level

  • Have appropriate levels of quality assurance, measures and monitoring

  • Adapt as required

  • We will have regard to this policy statement when making decisions, to ensure fair and consistent decision making

Scope

This policy applies to all mhs employees, and must be applied when developing, approving, reviewing and implementing changes to our services which impact our obligations outlined in the tenancy agreement and in the relevant legislation, outlined below.

The following provisions have been summarized and/or paraphrased, for the avoidance of doubt mhs intents to rely on the precise wording as set out in legislation.

Prevention of Damage by Pests Act 1949 –

  • It shall be the duty of every local authority to take such steps as may be necessary to secure so far as practicable that their district is kept free from rats and mice, and in particular

  • from time to time to carry out such inspections as may be necessary for the purpose aforesaid

  • to destroy rats and mice on land of which they are the occupier and otherwise to keep such land so far as practicable free from rats and mice.

  • to enforce the duties of owners and occupiers of land under the following provisions of this Part of this Act, and to carry out such operations as are authorised by those provisions

Environmental Protection Act 1990 (s80)-

Where a local authority is satisfied that a statutory nuisance exists, or is likely to occur or recur, in the area of the authority, the local authority shall serve a notice (“an abatement notice”) imposing all or any of the following requirements:

  • requiring the abatement of the nuisance or prohibiting or restricting its occurrence or recurrence.

  • requiring the execution of such works, and the taking of such other steps, as may be necessary for any of those purposes,

Landlord and Tenant Act 1985 section 11 states imposes repair obligations on mhs which states;

  • Keep in repair the structure and exterior of the dwelling, including roof tiles, gutters, drains and external pipes. This also includes structures such as staircases, bannisters and internal walls and plasterwork.

  • Keep in repair and proper working order the installations for water, gas, and electricity including basins, sinks, baths and toilets. This includes water tanks and pipes, gas pipes, boilers, electrical wiring, radiators and any other installation for space heating and water heating (but not fixtures and fittings and appliances for making use of the supply of water, gas or electricity)

Defective Premises Act 1972 - imposes a “duty of care” on mhs to require any works to be carried out in workmanlike manner, so that the dwelling is:

  • be capable of occupation for a reasonable time without risk to the health or safety of the occupants; and

  • be capable of occupation for a reasonable time without undue inconvenience of discomfort to the occupants.

  • It determines whether the dwelling as a whole is unfit for human habitation.

  • It also requires mhs to take such care as is reasonable in the circumstances to see that persons (occupants/visitors to the home) are safe from injury or property damage where it knows of or ought to have known of a defect.

Homes (Fitness for Habitation) Act 2018 - The Act replaces Section 8 with Section 9A Landlord and Tenant Act 1985 with the following:

  • is the property fit for human habitation at the time the tenancy is granted or otherwise created or, if later, at the beginning of the term of the tenancy; and

  • will it remain fit for human habitation during the term of the tenancy

Awaab's Law - The Hazards in Social Housing (Prescribed Requirements) (England) Regulations 2025 - requires the landlord to address any significant damp and mould hazards and any emergency hazards within set timescales.

Roles and Responsibilities

  • Customers must maintain their properties and gardens in accordance with the terms of their tenancy agreement.

  • Customers are responsible for reporting all pest related problems and defects in their homes to mhs homes

  • Customers must allow mhs homes or its contractors access to their property to carry out any necessary remedial works or to undertake inspections.

  • If the rodents were introduced or exacerbated by that customer’s behaviour and/or management of their premises, we will consider re-charging them for the works. This also applies to any misuse or abuse to our property caused by our customers or people visiting their homes.

  • If there is any consequential damage to personal possessions or furniture, it is the customer’s responsibility to repair or replace.

Our responsibilities

  • When a customer moves into their new home, we will ensure the property and garden meet our Letting Standard.

  • We are responsible for:

  • Keep in repair the structure and exterior of the building, including roof tiles, gutters, drains and pipes. This also includes structures such as staircases, bannisters and internal walls and plasterwork

  • Keep in repair and proper working order the installations for water, gas, and electricity plus basins, sinks, baths and toilets. This includes water tanks and pipes, gas pipes, boilers, electrical wiring, radiators and any other installation for space heating and water heating.

Policy Detail

When we receive a disrepair and the appropriate signed form of authority, we will share information with the solicitors in relation to the claim. The disclosure information will differ slightly depending on the nature of the claim. We will only disclose the information, in an encrypted format, once we confirm our customers have signed a form of authority form.

When a disrepair claim is received, we will contact the customer within 3 working days to arrange a surveyor to attend the property and carry out an inspection. Following the inspection, the surveyor will identify any remedial works required. The details of the repairs needed will be sent to the solicitors for review, however we will continue to carry out the remedial works. If the repairs are raised to our internal direct labour these will be completed within 20 working days. If they are raised to an external contractor, these will be completed within 40 working days unless they are urgent in which case we will apply more stringent timescales.

When an EPA claim is received we will contact customers’ within 2 working days to arrange either a surveyor or specialist contractor to attend within 5 working days. Following the inspection, remedial works will be arranged and these will be completed within 20 days to abate the nuisance.

Customers who fail to give us access to the property, will be in breach of the tenancy agreement, and we may request a Court injunction to gain access to the property.

Where a disrepair claim refers to hazards that are significant or an emergency we will bring forward dates so as to comply with requirements/timescales as set out in the Legislation and/or Regulations.

Stakeholder Engagement

This Policy was reviewed at LT level. An audit of Disrepair was completed by external auditors and the policy was shared with the auditor and customers who were engaged with, in the audit. The policy was also discussed with the front line service teams and reviewed.

Solicitors have also reviewed and amended the policy to reflect any Legislative changes.

Training

Training will be given to all staff, however the level of training will be different for each service area.

All teams will be required to have an overview of disrepair, but the front line services and those managing the cases, will require a more in depth training session.

Our surveyors and inspectors have attended training on Awaabs Law, and the impacts this will have on us as organisation. Front line staff have also attended HHSRS training.

Assurance and Monitoring

External legal advice has been sought and minor amendments have been made following the review.

This policy will be reviewed in three years' time or earlier if required by Legislation, new significant guidance or in response to specific incidents.

Our customers have the right to live in a home that is safe and well maintained, free from hazards and damp and mould. The regulations that would apply are listed but not limited to those outlined below;

  • Landlord and Tenant Act 1985 – S11

  • Homes (Fitness for Human Habitation) Act 2018

  • A Statutory Ombudsman Code

  • The Building Safety Act 2022

  • The Environmental Protection Act 1990 (s80)

  • HHSRS Regulations 2026

  • Decent Homes 2006

  • The Consumer Standards from the Regulator of Social Housing 2020

Principles

Equality statement

mhs homes has a duty to ensure that no person receives less favourable treatment from the organisation on the grounds of age, disability, gender reassignment, marriage, civil partnership, pregnancy, religion or belief, race, sex or sexual orientation.

​​​​​​​Data protection

mhs homes will only share information that meets the requirements of the Data Protection Act 2018 and the UK GDPR. Confidentiality and impartiality will be exercised by mhs homes at all times.

Feedback

We welcome suggestions and comments from people who use or provide our services. We believe that this can provide some important lessons to help us ensure that the service is improved for everyone.

If you have something to say about this policy or the information that is provided, then please let us know. Please refer any comments to the author of this document.