Housing Health and safety rating system

A dwelling that is safe for the most vulnerable to a hazard is a property that is safe for all

The Housing Act 2004 introduced a new way in which local authorities assess housing standards in England & Wales.  The principle of the new system is that a dwelling should provide a safe and healthy environment for the occupants and visitors.

The inspection process is a risk based assessment and considers the effect of any ‘hazards’ in a property.  Hazards are rated according to how serious they are and the effect they are having, or could have.

The system can deal with 29 hazards summarised as follows:

• Dampness, excess cold/heat
• Pollutants e.g. asbestos, carbon monoxide, lead
• Lack of space, security or lighting, or excessive noise
• Poor hygiene, sanitation, water supply
• Accidents—falls, electric shocks, fires, burns, scolds
• Collisions, explosions, structural collapse

When an inspector finds a hazard, two tests are applied - what is the likelihood of a dangerous occurrence as a result of this hazard and if there is such an occurrence, what would be the likely outcome?

Where a hazard is designated as particularly relevant to people in a vulnerable group, hazards are assessed according to their likely impact on that group.  'Vulnerable' here usually means children and the elderly.  For example, widely spaced balusters (spindles) on a staircase could be a hazard for a child who could squeeze through and fall down the stairs.  Similarly a winding staircase with no handrail could be a hazard for an elderly person.

The action that needs to be taken to deal with a hazard will be influenced by who is occupying it. Once a property has been made safe for the most vulnerable, it should be safe for all.

The local authority have the following enforcement options available:

• Hazard Awareness Notices
  This is a notice advising the person on whom it is served that a hazard exists
• Improvement Notices
  A notice that gives instructions to rectify any hazards or deficiencies
  Failure to comply with the notice could incur a fine of up to £20,000
• Prohibition Orders
  Will prohibit use of the building or part of it
• Emergency Remedial Action and Emergency Prohibition
  Available where there is a category One hazard and an imminent risk to the occupier
• Demolition Order

• Declare a Clearance Area
  A ‘Hazard ne’ category is the most serious risk.  A hazard one category is a risk that scores highly on the risk assessment that is most likely to cause death or serious injury over the next 12 months.  So if your property has any hazards that are considered to be category one - you will have to make improvements.

In cases where a tenant has caused the problem and where the house is only occupied by the tenant the local authority would be unlikely to take aggressive enforcement action.  If the problem affected other households (e.g. a house in multiple occupation) this would be considered differently.

In Plymouth

When a member of staff from Plymouth City Councils private rented team are made aware of a potential problems, they will only assess properties with significant hazards.

So far there have been four notices served (as of December 2006). 

One improvement notice on a building converted into flats in addition to 3 emergency action notices.

There are charges involved for landlords.  Most notice charges will be between £300 - £400, although in more complex cases they will be more.  Landlords can face a fine of up to £5000 if they do not comply. 

The private rented team will contact the owners and would only serve a notice or take action where no agreement can be reached.  The costs relate to owners not carrying out work voluntarily.

All properties which get a HMO license, will be inspected under this system, and there is a priority to get these properties inspected and made safe.

If you feel you have been dealt with unfairly the first step would be to discuss the matter informally with the private rented team manager but essentially there is a chance to challenge enforcement through residential Property tribunal.

The appeal procedure would be made to the Residential Property Tribunal.  The cost is normally £150.  A landlord can appeal for any reason, however the Act says specifically includes the reason (e.g. prohibition instead of improvement).  So far (nationally) 3 decisions have been made by the RPT, of which 2 related to HHSRS. 

The Department for Communities and Local Government published guidance for landlords which contained the following diagram.  This guide is only aimed at helping identify work that may need to be done.  If you are at all concerned about your property please contact Plymouth City Councils Private Rented Team on 01752 307079 or look up www.communities.gov.uk