Who is responsible for upholding the HHSRS?
The Housing Health and Safety Rating System (HHSRS) is used to check a dwelling itself, not the current occupants. This means a hazard score stays with the home, even if the occupants change, until the necessary work is done.
The HHSRS focuses on what the owner or landlord is responsible for fixing. This includes the structure of the home and any fixtures that belong to the landlord and aren't removable. The HHSRS does not hold the landlord responsible for a tenant's own belongings. While a tenant's actions could contribute to a hazard, the owner is still required to address deficiencies that are within their control.
How is an HHSRS inspection carried out?
A tenant can contact their local authority asking them to carry out an inspection. A local authority officer looks around the property for anything that could cause potential risk to its tenants. They give each hazard they identify a score based on the likelihood and potential severity of harm posed.
The officer will consider:
- The chance of harm over the next 12 months.
- How serious that harm would be.
- Any extra risk to children or old people.
Each hazard score will fall into a band from A to J. Hazards which fall into bands A to C are determined to be Category 1 hazards. Lower bands are Category 2 and not as serious. Local authorities must take action on Category 1 hazards.
What happens if a home includes Category 1 hazards?
Local authorities have a legal duty to take action where Category 1 hazards are present. They will most likely issue an improvement notice, which sets out the following:
- The hazards that require addressing.
- Details of which works must be undertaken to fix them.
- A strict time frame for when the works are to be carried out.
What are the penalties for failing to deal with a Category 1 hazard?
Landlords and homeowners who fail to comply can face criminal prosecution. Alternatively, the council could serve them with a civil penalty of up to £30,000 per offence under the Housing Act 2004.
Multiple offences can lead to large fines. In 2017, one landlord was fined a total of £190,500 for letting rooms without windows or access to natural or artificial light, which breached hazards 11 and 13. Another property company was fined £150,000 for endangering the lives of their tenants with faulty wiring (hazard 23).
What happens if a home includes Category 2 hazards?
For Category 2 hazards, the council can issue either an improvement notice or a hazard awareness notice, which identifies the hazards and how to fix them but does not provide a mandatory timeline.
Being served with either notice can impact a property manager’s ability to serve a Section 21 notice. However, following the implementation of the Renters’ Rights Bill, this will change.