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New Health & Safety Regulations For Residential Rental Properties
Date Added 07/11/2006
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New legislation which is designed to protect the safety of tenants living in residential rental property came into force on the 6th April this year. The Housing Health and Safety Rating system (HHSRS) is a new risk assessment tool used to asses potential risks to the health and safety of occupants in residential properties and replaced the Housing Fitness Standard set out in the Housing Act 1985.
What kinds of Properties Will Be Covered?
As before, the HHSRS applies to all buildings (not just those that are let or those which are HM’s). For houses that are not houses in multiple occupation (HMOs), the reason for a property inspection will be if the local council becomes aware that there could be a problem with health and safety.
However, all HMOs which need a license will also have to be inspected for hazards within 5 years of an HMO license being granted.
So how does it affect a Landlord? - Any property brought to the attention of the Local Authority (for example by a complaint from a tenant or neighbour) can be assessed. Authorities do not have to inspect every property in their area, but will send a environmental inspector to inspect if they have reason to do so.
The purpose of the assessment is not to set a standard but to generate objective information in order to determine and inform enforcement decisions.
How will it Work?
The local authority environmental inspector will now look at the condition of a building and give a score on any one of a long list of potential health and safety hazards.
The score will rate (1) how likely a risk (e.g. fire) is to occur within the next 12 months and (2) how likely it is to have a severe impact should it actually happen. Hazards under the new legislation include areas such as fire, damp, overcrowding, poor lighting, pests etc. The score will then be put into bands and categories with the worst being a Category One risk.
For houses in multiple occupation inspectors will have to consider if there is an increased risk because the facilities are shared. When assessing a hazard the inspector will have to examine if the property is fit for the widest range of occupants possible. What this means is, even if you let to students, the inspector will have to consider risks on the basis that the occupiers could be elderly people or children instead.
What Powers will Inspectors Have?
Inspectors will have a wider range of powers than they had under the old system. Once a risk has been identified, the action they can take depends upon how serious the risk is. If it is a Category 1 risk certain enforcement actions must be taken whereas if it’s a Category 2 risk there is more discretion.
Firstly, a hazard warning notice could be served. Hazard warning notices have no time scale and there are no penalties, but most good landlords would carry out improvements to stop the problem developing into something more serious .
Secondly, an improvement notice could be issued. This would require that certain improvements are carried out. If the work to start the improvement does not start within 28 days or is not completed in a set time fines can then be made.
Thirdly, Prohibition orders can stop or limit all or part of the property being used. Again, there are fines for non-compliance.
Fourthly, if the problem is so serious that it could cause immediate harm the inspector can issue an Emergency Remedial Action or an Emergency Prohibition Order. Under the Emergency Remedial Action, the local authority can enter the house and do the work, charging the cost back to the owner.
In really bad cases, the local authority can make a demolition order or a compulsory purchase order.
What should a Landlord do? Landlords are advised to assess their property and determine whether there are hazards that may cause a health or safety risk to tenants. They should then carry out changes to their property to reduce this risk. If your Tenant makes a complaint about anything in need of repair or improvement, which could be a health and safety issue, it is important that works are carried out as quickly as possible.
What are the penalties if the owner/landlord or managing agent fails to make improvements? They could face fines of up to £5,000 for not complying with a statutory notice.
What should my Agent be doing for me?
Your Agent should be suitably knowledgeable and experienced to be able to draw to your attention any apparent health and safety hazards at the time they inspect your property, - either during a periodic visit during a tenancy or when you instruct them to offer the property for letting.
For further information about this subject, please contact Drewery Property Consultants on 0208 300 6761 or info@drewery.co.uk
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