Tribunal case: Cardiff Council’s overreach & lessons for landlords
At CPS Homes, we make it our business to stay ahead of the latest legal developments affecting landlords. A recent Tribunal decision caught our attention, and we wanted to share the key takeaways with you – because, as this case shows, even the Council can get it wrong.
The case involved a house on Treharris Street in Roath, managed by another local letting agent. In May 2023, Cardiff Council inspected the property and served an informal Improvement Notice on the landlord – essentially a request for work to be carried out. Six months later, they re-inspected and escalated it to a formal Improvement Notice under The Housing Act 2004. The notice cited a ‘Category 1’ hazard for Excess Cold and several Category 2 hazards.
The landlord, believing the Council’s assessment was excessive and unfair, appealed the decision, as was his right under the same Act. The case was heard by the Residential Property Tribunal in June 2024, with members of the Tribunal conducting their own inspection of the property. Their decision, issued in early 2025, found that the Council had overstated the severity of the hazards, leading them to downgrade the Excess Cold hazard to a Category 2. They criticised the Council’s handling of the case, highlighting that key claims were unsupported by evidence and that some of the required works were either unnecessary or exaggerated.
What the Tribunal said exactly
“The Tribunal exercising its expertise found during the inspection that some of the items complained of by the Council were very minor issues, or, incorrectly described. The Tribunal was not satisfied that the Council had established that a Category 1 Hazard – Excess Cold exists at the Property. Although some of the windows were in need of repair, there was no suggestion that the central heating system was defective and there was no real evidence as to the extent to which it was being used, in particular, whether all the rooms at the Property were being heated. The primary concern in relation to the Excess Cold related to the condition of the window in the first floor middle room which had been taped shut. The bed in this room was placed directly against the radiator and there were large items placed at the end of the bed and over the radiator which would have compromised the functioning of the heating system, even if it had been turned on. In reaching this conclusion, the Tribunal is satisfied that the positioning of the bed and the items covering the radiator will have made the effective heating of the room more difficult. Further, the defect in the window in the ground floor middle room was not established [as, on inspection, it was found to function adequately]. The Council did not submit any factual evidence to support [their opinion] concerning the Excess Cold temperature at the property, e.g. a schedule of temperature readings over a 24 hour period.”
They continued:
- “The installation of a fan in the kitchen was unnecessary as there was an opening window.”
- “As noted within the DPC survey, the works relating to the dampness can only be better identified after the condensation arising from the incorrect living habits of the tenant relating to the ventilation of the property were addressed for a few months.”
- “The requirement to hack off all defective, cracked and hollow render, and re-render, on the rear elevation was too extensive, as only minor cracking was observed to the cement render, which required filling.”
- “The requirement to fill the damaged area of plasterwork below the staircase in the living room was very minor and only amounted to approximately 300mm.”
- “The requirement to repoint the stonework/quoins should be limited to the area immediately above pavement level on the front elevation to an approximate height of 300mm.”
What does this mean for landlords?
- Council decisions aren’t always correct: The Tribunal found that work was required, but not to the extent the Council had demanded. They said that Cardiff Council had overstated hazards, with no real evidence supporting their claims about heating issues. This led to unnecessary legal stress and probable financial loss for the landlord.
- Tenant non-cooperation can cause delays & costs: The property had mounting rent arrears, and the tenant’s lack of communication made accessing the property to carry out repairs difficult. Yet, the Council’s actions may have reinforced the tenant’s belief that withholding rent was justified, leaving the landlord out of pocket. As a result, the landlord began possession proceedings against the tenant.
- Managing agents must be proactive: The managing agent admitted efforts to gain access for repairs had taken a ‘back seat’ once possession proceedings were underway. The Tribunal criticised this, stating that more could have been done – such as applying for an injunction or offering alternative accommodation.
What we’d have done differently at CPS Homes
- Proactive property management: While the Tribunal found that the Council had mischaracterised some issues, they also noted that the property needed work. At CPS Homes, our regular inspections ensure landlords are fully aware of necessary repairs before they escalate, helping to prevent situations like this.
- Detailed inspection reports: The Tribunal raised concerns over whether the heating was even being used. Our inspections document details such as this, providing a paper trail to protect landlords if similar disputes arise.
- Tenant cooperation & access: Difficult tenants can be a challenge, but we take a proactive approach to communication to maintain good relationships and secure access when repairs are needed.
- Reliable contractor network: The agent in this case struggled to find a contractor willing to complete the work that was required. At CPS Homes, we have a panel of trusted, skilled, and competitively priced contractors who we know would have taken on the job.
- Legal expertise & persistence: Knowing the law inside out means we wouldn’t have paused access and repair efforts just because possession proceedings had begun. We understand that access for essential works and eviction processes are entirely separate legal matters, and we help landlords navigate both.
- Thorough tenant referencing: While it’s impossible to predict a tenant’s future behaviour with certainty, our rigorous referencing process ensures that tenants are thoroughly vetted before moving in, reducing the risk of issues down the line.
This case highlights the importance of expert property management. If you’re currently managing your own property or using an agent who isn’t delivering, let’s talk about how CPS Homes can protect your investment and reduce your risk.
If you’d like to discuss this further, feel free to get in touch by calling our team on 02920 668585, or drop an email to lettings@cpshomes.co.uk.
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
