Automated Summary
Key Facts
Leicester City Council issued an Emergency Remedial Action Notice (BIR/00FN/HER/2019/0001) to Antonio Francisco Mendes regarding a category 1 hazard at 9 Dupont Close, Leicester (LE3 8LB). The hazard involved sewerage leakage from a blocked soil stack flooding the bathroom and kitchen, posing an imminent health risk to a pregnant tenant and two children. The Council cleared the blockage and resealed the toilet on 2 January 2019. The Applicant appealed, claiming the tenant caused the issue and that the Council acted unilaterally. The Tribunal confirmed the Council's decision under section 45 of the Housing Act 2004, deeming the action necessary and proportionate.
Issues
- The Tribunal assessed if the Respondent's actions (clearing the blockage and resealing the toilet joint) were immediately necessary to mitigate the hazard and concluded the measures were reasonable, proportionate, and the most appropriate enforcement action.
- The Tribunal confirmed no management order was in effect for the Property at the time the emergency remedial action was taken, as required by section 40(1)(c) of the Housing Act 2004.
- The Tribunal determined whether the leaking sewerage and blocked soil stack at 9 Dupont Close constituted a category 1 hazard under the Housing Act 2004, specifically under the Personal hygiene, sanitation and drainage category.
- The Tribunal evaluated if the conditions (flooded bathroom/kitchen, electrical hazards, and lack of sanitation) created an imminent risk to the health and safety of the occupiers, particularly a pregnant woman and two children, concluding such risks were present.
- The Tribunal determined the total £412 in costs for emergency remedial action and enforcement was reasonable and proportionate under sections 41 and 49 of the Housing Act 2004.
- The Tribunal assessed if the hazard (sewerage leakage and blocked soil stack) met the criteria for a category 1 hazard by examining its severity against the prescribed numerical scoring system in the HHRSR Operating Guidance, confirming it fell within bands A, B, or C for immediate risk.
Holdings
- The emergency remedial action (clearing the blockage, resealing the toilet joint) was deemed immediately necessary to address the risk. The Tribunal found it reasonable and proportionate, noting that an improvement notice would have caused unacceptable delays during the Christmas/New Year period.
- The Tribunal confirmed the hazard posed an imminent risk of serious harm to the health and safety of the occupiers (a pregnant woman and two children) due to contaminated surfaces, lack of sanitation, and electrical hazards.
- The Tribunal determined that the hazard fell under a category 1 classification under Personal hygiene, sanitation and drainage. This was based on secondary hazards like a collapsed ceiling and electrical system failure caused by water penetration.
- The Tribunal concluded that water and sewage flooding the Property (bathroom and kitchen) constituted a serious hazard. The deficiencies included a blocked soil vent pipe and a defective joint between the toilet pan connector and the internal cast iron soil stack. The blockage's origin was not definitively attributed to the tenant, but the defective joint was the landlord's responsibility under the Landlord and Tenant Act 1985.
- The repair cost (£280.00) and enforcement demand (£132.00) were considered reasonable and proportionate by the Tribunal. The Notice issued under section 41 of the Act was also found compliant.
- No management order was in force for the Property at the time of the emergency action, satisfying the statutory requirement for such action under section 40(1)(c) of the Housing Act 2004.
Remedies
The Tribunal confirmed the Respondent Local Authority's decision to take Emergency Remedial Action under section 40 of the Housing Act 2004. This included clearing a blocked soil stack, re-sealing the toilet pan connector, and restoring functional toilet, bath, and wash hand basin to address a category 1 hazard involving sewerage leakage that posed an imminent risk to health and safety.
Legal Principles
The Tribunal applied sections 40 and 41 of the Housing Act 2004, confirming the authority's power to take emergency remedial action for category 1 hazards involving imminent risks to health/safety. The decision emphasized the necessity of immediate action under section 40(2) and compliance with notice requirements under section 41.
Precedent Name
Eli Zohar v Lancaster City Council
Cited Statute
- Housing Act 2004
- Landlord and Tenant Act 1985
Judge Name
- G Freckleton
- V Ward
- A Lavender
Passage Text
- The Tribunal considers the presence of water and sewage within the Property and the lack of an electrical supply represented an imminent risk of serious harm to the health and safety of the occupiers; a pregnant lady with 2 children.
- The action taken by the Respondent was, in the opinion of the Tribunal, was immediately necessary in order to remove the imminent risk of serious harm and was reasonable and proportionate to deal with the problem.
- The Tribunal agreed that the release of water and sewage into the property (bathroom and kitchen) as well as creating secondary hazards such as collapsing ceiling and inability to use the electrical sockets and lighting due to the electrical installation tripping due to water penetration, constituted a category 1 hazard under Personal hygiene, sanitation and drainage.