Can the council take over my flat if my landlord is negligent?

Because your landlord has failed to fix the damp and the boiler, the council is considering an interim management order. This is a legal tool used to ensure a property is safe for people to live in. Under this order, the council has "the right to possession of the house (subject to the rights of existing occupiers preserved by section 124(3))" [cite:uk-housing-act-2004-sec107]. This means that while the council takes control of the building's management, your rights as someone currently living there are legally protected. Regarding your rent, the council can indeed change who you pay. The law states the authority may "create one or more of the following— i an interest in the house which, as far as possible, has all the incidents of a leasehold, or ii a right in the nature of a licence to occupy part of the house" [cite:uk-housing-act-2004-sec107]. This allows them to manage the property as if they were the landlord. Furthermore, your current landlord is restricted; they "may not exercise any rights or powers with respect to the management of the house or part" [cite:uk-housing-act-2004-sec109]. This prevents your landlord from making things worse or ignoring the council's repairs. In terms of repairs, the council or their contractors have a "right at all reasonable times to enter any part of the house for the purpose of carrying out works" [cite:uk-housing-act-2004-sec131]. This means they can enter your flat to fix the mould or the boiler. You cannot legally stop them from doing this work, and if you do, a court could order you to let them in [cite:uk-housing-act-2004-sec131]. It is uncertain whether the council will choose to grant you a new formal tenancy agreement or simply manage the existing one through a licence to occupy. The law allows them to do either, but they cannot create a new lease without the landlord's written consent [cite:uk-housing-act-2004-sec107].