Issue - meetings

Fitness for Human Habitation Act 2018 - Obligations

Meeting: 16/11/2020 - Cabinet (Item 86)

86 Fitness for Human Habitation Act 2018 - Obligations pdf icon PDF 575 KB

Housing and Community – to receive a report (C-036-2020-21) on the reasons and benefits for introducing a 5-year bin store replacement programme.  Specifically, the details of the Act and the potential risks of not meeting the requirements of the legislation. 

 

Additional documents:

Decision:

 

(1)        The Cabinet adopted the 5-year bin store replacement programme, to meet the Council’s requirements under the Fitness for Human Habitation Act 2018.  Funded from the HRA

 

(2)        The Cabinet noted the improvements to the Council’s estates and the opportunity for increasing the Council’s recycling, thus supporting the climate emergency.

 

 

Minutes:

The Housing and Community Portfolio Holder introduced the report the Council’s obligations under the Human Habitation Act 2018.

 

The Fitness for Human Habitation Act 2018 came into place in 2019.   This resulted in a large change for Local Authorities with retained stock.  Until the change, enforcement action around non-compliance with the Housing Health and Safety (England) Regulations 2005 (HSSR) was not applicable to Local Authorities, because the Local Authority would not serve Notices on itself.  

 

The Act served to overcome this and enable Tenants to seek redress themselves for breach of contract through the court.

 

The paper set out the reasons and benefits for introducing a 5-year bin store replacement programme.  Specifically, the details of the Act and the potential risks of not meeting the requirements of the legislation. 

 

As well as the community health benefits of living in a clean, safe environment, the Council had signed up to the Climate Emergency.  As such the Council needed to be working towards becoming carbon neutral.   In addition, there was the environmental cost of not providing adequate facilities for disposing of rubbish.  The costs for removing excess rubbish last year was £39K.  In addition to this there was the cost for pest removal, and fly tipping.  This also had an overall detrimental impact on local areas as individuals begin to lose the sense of being proud of the area they lived in.

 

Councillor Avey thought it was an excellent idea as there had been some issues of collections from estates. Councillor Philip was glad to it will be financed by the HRA and was within budget.

 

Councillor Bedford added that it would make sense to ensure the new bin stores were built from fire retardant materials.

 

 

Decision:

 

(1)        The Cabinet adopted the 5-year bin store replacement programme, to meet the Council’s requirements under the Fitness for Human Habitation Act 2018.  Funded from the HRA

 

(2)        The Cabinet noted the improvements to the Council’s estates and the opportunity for increasing the Council’s recycling, thus supporting the climate emergency.

 

Reasons for Proposed Decision:

 

This report sets out our requirements under the Fitness for Human Habitation Act 2018 and recommendations to meet the requirements of the legislation.

 

Other Options for Action:

 

Not to adopt the 5-year improvement plan. This may leave the Council in breach of the legislation and subject to possible legal challenges from residents.