Regulator Slams Essex Council with 'Serious Failures' Grade 3 as Compliance Woes Mount

In its latest batch of regulatory judgments, the Regulator of Social Housing (RSH) has sent a stern warning to social landlords across England, highlighting significant failures and improvements needed in the sector.

Southend-on-Sea City Council has come under scrutiny after it was issued a C3 grade, the second-lowest rating it could receive, after "serious failings" were found in how it delivers outcomes of the consumer standards, specifically the Safety and Quality Standard. After receiving their latest rating, the total number of C3 gradings issued by the regulator stands at 37.

Poor electrical installation

The RSH’s inspection uncovered Southend-on-Sea City Council's mass failure to supply safe electrical installation and testing in between 21 and 49 per cent of communal areas and between 16 and 26 per cent of homes.

It was found that poor data management contributed to the problem, obscuring the reported data relating to health and safety plans used to carry out improvements, including recent data on the current condition of its housing stock. With only 20 percent of its homes surveyed within the last 5-10 years, and over 900 overdue repairs, the RSH expressed significant concerns.

A spokesperson from the RSH said in its regulatory judgement: "We are engaging with Southend-on-Sea CC as it continues to address the issues set out in this judgement."

“Our engagement will be intensive, and we will seek assurance that Southend-on-Sea CC is making sufficient change and progress, including ongoing monitoring of how it delivers its improvement programme.”

What does this mean for tenants?

Southend-on-Sea City Council is responsible for around 6,000 properties which it manages alongside its arm’s length organisation, South Essex Homes. Many tenants have been left with disrepair due to such significant and potentially life-threatening repair delays.

Under the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018, tenants have the right to live in a property that is fit for human habitation at the beginning of their tenancy and throughout. This requires private and social landlords – namely housing associations and local authorities – to act on complaints within a reasonable timeframe.

A landlord failing to act within a reasonable timeframe may cause tenants serious health and safety risks. The Social Housing (Regulation) Act, passed in 2023, increased regulations on social landlords designed to protect tenants from serious harm due to disrepair and home hazards, such as mould and damp, water damage, and structural defects.

Raising a complaint with the Housing Ombudsman

Since the RSH issued the grade 3 ratings, the Southend-on-Sea City Council leader has stated, "We are determined to meet and exceed the high standards we have set for ourselves and that our tenants rightfully expect.”

However, tenants have other options if they feel like their complaints have been ignored.

If a social housing provider has failed to provide a safe and habitable environment, then tenants can contact the Housing Ombudsman service (HOS) or seek legal advice for a housing disrepair claim.

Premier Legal Assist are on hand to help

If you are living in disrepair, with issues such as mould, broken heating, electrical faults, infestations or structural issues, and your landlord has refused to act after the disrepair has been reported, or has not acted within a reasonable timeframe, you may be entitled to make a claim for repairs and in some cases compensation.

If your case is eligible, Premier Legal Assist can connect you with a team of specialist housing disrepair lawyers who operate on a 'no-win, no-fee' basis. Our panel of specialist lawyers has extensive experience dealing with local councils and housing associations across the UK.

To find out if you are eligible to make a 'no-win, no-fee' claim, complete our short form, and a team member will contact you.