Retrofit Works: What options do social housing tenants have when works go wrong?

Retrofitting within the context of social housing is playing a crucial role in improving energy efficiency and reducing carbon emissions. In theory, retrofitting should be beneficial to social housing tenants, particularly those with properties of poor thermal efficiency. In our earlier blog, we cover the meaning of retrofitting and whether council tenants are entitled to these works.

But what are your options if your home has had retrofit works which have gone badly wrong?

What could go wrong with retrofit works?

When retrofit works are carried out poorly with little consideration for the type of property or tenant in mind, the results can be disastrous. The specific issues that can arise from poor retrofitting will depend on what works and installations are being carried out as part of the programme. Usually, common installations that form part of retrofit works are additional insulation, energy efficient heating and hot water systems, double-glazing, ventilation or solar panels.

With the above in mind, examples of common things that go wrong with retrofit works are dealt with below:

Insulation without ventilation

An example is where new insulation is installed, which reduces the existing ventilation but without replacing that lost ventilation.

This ‘tightening’ of a building without addressing that loss of ventilation, can lead to moisture being trapped inside the home, which can then cause rapid mould growth and condensation. It can also lead to other major issues such as poor air quality and overheating in the summer.

Incomplete/poor insulation

Inadequately installed insulation can also potentially lead to particular cold spots in the home, resulting in condensation, damp and mould and heat loss. These are issues that can completely undermine the retrofit works’ original purpose of improving thermal efficiency and reducing energy costs.

Structural issues

When retrofitting a property, there needs to be careful review of the structural integrity and compatibility of the existing components with any proposed installations.

For example, installing external wall insulation may not be appropriate for certain properties that are older or have a solid wall where water vapour can naturally travel through the bricks and stones. Adding an impermeable material to insulate these properties without assessing the impact this may have on how the water vapor behaves, can trap vapour inside the walls and cause condensation, lead to damp issues and then lead to rot and structural weakening of internal walls, lintels or floor joists.

Another example could be where heavy new cladding is installed to properties that are not designed to take on the extra load, such as older homes of non-traditional construction.

Retrofit works that fail to consider the potential load-bearing compromise, risk causing structural issues the property such as cracking to the external walls or even, in an absolute worst-case scenario, structural collapse.

Poorly carried out/unfinished works

Retrofit works sometimes are just left unfinished or done to a poor standard of workmanship.  Homes may be left with hanging wires, or poorly installed defective windows that do not function properly.

Unfinished works or works carried out poorly can leave your home unsafe and unsightly.

Why would retrofit works be conducted poorly?

In my earlier blog, I refer to PAS2035 (Publicly Available Specification 2035) retrofit standards. To fund the retrofit works, your social housing landlord will likely have obtained a grant from central government. A usual condition of the grant is that retrofit works must comply with PAS2035, to ensure they are carried out properly, and unintended consequences, such as those outlined above are avoided.

It’s important to note that the above is only a specification and not a legislated requirement. It is simply guidance which sets out the best practice for retrofit works. Although, your social housing landlord may need to contractually comply with PAS2035, enforcing their compliance in practice is difficult. This is why, despite the existence of PAS2035 retrofitting carried out by local authorities still sometimes go wrong.

Examples of reasons why retrofit works are carried out poorly works can be the below:

• The use of cheap contractors,
• Poorly conducted surveys prior to retrofit works.
• Old and complex properties which may not be compatible with common retrofit installations or works.
• Social housing landlords failing to listen to and engage with tenants
• Lack of monitoring after retrofit works
• Failing to comply with PAS2035.

My retrofit works were carried out to a poor standard, what are my rights?

Fortunately, tenants do have strong rights under housing law if retrofit works go wrong.

Your main rights are set out in your tenancy agreement with your landlord, the Fitness for Human Habitation Act 2018, and section 11 of the Landlord and Tenant Act 1985.

Fitness for Human Habitation Act 2018

Under the Fitness for Human Habitation Act 2018, your landlord is required to ensure residential properties are put and kept in a condition that is fit for human habitation.

If the retrofit works have made your home ‘unfit for human habitation’ under the Fitness for Human Habitation Act, then your landlord will be obliged to carry out the necessary works to rectify these issues.

We have a blog that covers the Fitness for Human Habitation Act in more detail, and another on how bad conditions have to be to make a property ‘unfit’

Examples of issues that can cause a property to be unfit however, particularly within the context or poorly conducted retrofit works, are the below:

• Poor ventilation;
• Mould or excessive damp,
• Excess heat
• Excess cold (your home may have already been deemed unfit for human habitation due to excess cold prior to retrofitting, but inadequate works may have failed to address this issue)
• The threat of part of or the whole building collapsing

If retrofit works have led to your home becoming unfit for human habitation, your social housing landlord must carry out the necessary repair works to ensure your home is deemed ‘fit’.

Rights of repair – Section 11 of the Landlord and Tenant Act 1985

Under Section 11(1)a and s11(1)b of the Landlord and Tenant Act your landlord is obliged to keep in repair the structure and exterior of your property, as well as installations such as boilers, pipes and electrics.

It’s important to note that this section does not mean your landlord is obliged to replace or improve existing components. So, unless your home is unfit for human habitation, your landlord’s obligations under this act is essentially limited to fixing defects in your property and to keep any installations in proper working order.

Examples of some issues landlords would be obliged to fix or keep in proper working order, within the context of poorly conducted retrofit works are the following:

• Defective windows that may have been installed poorly,
• Damaged internal plaster,
• Heat pumps, or solar water heaters that are not in proper working order.

Your landlord may also have additional repairing obligations outside of the scope of section 11 of the Landlord and Tenant Act if they have set these out in your tenancy agreement. It is important to check your tenancy agreement for any additional repairing obligations your landlord may have.

Right to quiet enjoyment:

As a tenant, under common law you have a ‘right to quiet enjoyment’ of your property.

Despite the use of the word ‘quiet’, the right to quiet enjoyment does not actually mean a right to be undisturbed by noise. A case called Jenkins v Jackson [1888] defines a right to quiet enjoyment as meaning ‘without interference or without interruption of the possession’.

Of course, your landlord may need to carry out required works or safety checks that inevitably ‘disturb’ your ‘quiet enjoyment’. As a tenant you are under an obligation to allow access for your landlord to carry out works.

However, the two co-existing, obligations need to be considered together. Whilst as a tenant you are under an obligation to allow access for works, your landlord is also under an obligation to take measures to mitigate the disturbance works cause to you where possible.

Retrofit works usually by nature can be disturbing and potentially intrusive, however if works are poorly conducted, and your landlord has not taken steps to prevent interference of your use of the property where possible, then this may constitute a breach of your right to quiet enjoyment.

Potential examples of this could be:

• Leaving scaffolding up for an unnecessary long period of time.
• Excessive dust and debris that has damaged your possessions or affected your health.
• Where your landlord has blocked access to certain parts of your property for an unnecessary long period of time.
• Noisy works, particularly if this has caused major disruption to you.
• Works taking place without any notice or continuously conducted during antisocial hours.
• Unfinished works interfering with your use of the property.
• Pointless works: Enduring 3-9 months of significantly disruptive works, where the works have had no benefits. For example, if they have failed to address the thermal efficiency of your home or made your home worse.

If the above examples sound familiar, you should consider whether your landlord had taken steps to mitigate the disturbance of these. If works were very noisy, did your landlord limit noisy works to certain hours of the day with prior warning, or did they offer you an on-sight place for working or somewhere to escape to when the noise was disturbing? If your landlord had not taken any steps to mitigate this then they may have infringed on your right to quiet enjoyment.

It should be noted, that only in extreme examples of breaches, it is worth bringing a legal claim against your landlord for breach of quiet enjoyment as a stand-alone issue. It is usually more appropriate to bring this as a legal claim where there are also other ongoing breaches such as fitness issues or disrepairs.

If poorly carried out retrofit works have caused problems for your home, and your landlord is refusing to make the necessary repairs to address these issues, you should seek legal advice at your earliest convenience. There are many charitable organisations such as Shelter and Citizen’s Advice, who can offer support and general guidance.

However, if you wish to bring a legal claim against your landlord, you will need to speak to a solicitor or trust legal professional.  Contact us on 020 7940 4060 or send us an email at mail@anthonygold.co.uk.