Landlord And Tenant Law
This information does not give comprehensive legal guidance. Landlords should seek professional legal and building advice when it is appropriate to do so. For independent legal advice you should go to your solicitor first or a good professional letting agent.
Housing Health & Safety
April 2006 saw the introduction of the Housing Health & Safety Rating System (HHSRS) which has replaced the Housing Fitness Standard. The system is the Government’s new approach to the evaluation of the potential risks to health and safety from any deficiencies identified in dwellings using a risk assessment scoring system.
The Government have identified a range 29 hazards as listed below:
Physiological requirements
- Damp and Mould Growth
- Excess Cold
- Excess Heat
- Asbestos (and MMF)
- Biocides
- Carbon Monoxide and fuel combustion products
- Lead
- Radiation
- Uncombusted fuel gas
- Volatile Organic Compounds
Psychological requirements
- Crowding and space
- Entry by intruders
- Lighting
- Noise
Protection against infection
- Domestic hygiene, Pests and Refuse
- Food safety
- Personal hygiene, Sanitation and Drainage
- Water supply
Protection against accidents
- Falls associated with the bath etc
- Falling on level surfaces
- Falling on stairs
- Falling between levels
- Electrical hazards
- Fire
- Flames, hot surfaces etc
- Collision and entrapment
- Explosions
- Position and operability of amenities
- Structural collapse and falling elements
The underlying principle of the system is that any residential premises should provide a safe and healthy environment for any potential occupier or visitor.
How the Housing Health & Safety Rating System works
The Council assesses the condition of the whole dwelling by carrying out a thorough risk assessment survey.
Following the assessment the likelihood of something happening to harm the occupiers and the possible outcome of the occurrence are noted. The combination of these two factors produces a ”Hazard Score”. Each Hazard will be scored separately.
There are 10 hazard bands (depending on the score given), A to J, with J being the safest and A the most dangerous.
- Hazards falling into the bands A – C are category One hazards.
- Hazards falling into the bands D – J are category Two hazards.
The Council has a duty to take action to deal with category One hazards. It has discretionary powers to take action to deal with category Two hazards.
New Enforcement Powers
When enforcement action is being considered the current occupants of the dwelling will be taken into consideration. Enforcement options include:
- 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
Residential Property Tribunal
The Tribunal will deal with any appeals in respect of enforcement action. The Tribunal will comprise of a lay person, a qualified surveyor and a legal person.
- They can confirm, quash or vary any Notice or Order .
- Appeals have to be made within 21 –28 days depending on the Notice or Order.
- No legal representation is necessary.
Any necessary prosecution under the notices will be dealt with through the Magistrates Court.
The RPT General Enquiries telephone number is 0845 600 3178 and the address of the Regional Office in Chichester is – Resident Property Tribunal, 1st Floor, 1 Market Avenue, Chichester. PO19 1JU
Management
We have developed a positive approach to Housing Enforcement that combines the use of statutory legislation with other methods designed to encourage landlords to comply with the law.
By using a range of approaches and not just relying on heavy enforcement we work with landlords and tenants to improve the condition of private sector lettings. The Landlord Code of Practice (as does the Management Plans in the Accreditation Scheme) outlines the kind of approach that professional landlords should adopt in running their property. This code of practice can be obtained from the National Landlords Association 
. Further advice can be obtained from the Private Sector Team on 01202 633416.
The Council is empowered to serve Notice to comply with certain pieces of legislation if the property is not up to standard for letting. When Notices are served, it is for good reasons. Our Officers have over 30 years experience in this work collectively.
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