Considerations For Landlords - Part 3 Health & Safety
As with the review of the definition and classification of HMO's and the mandatory licensing requirements, the Housing Act 2004 has reformed 150 years of local authority regulation of housing standards.
Prior to the Housing Act 2004, housing standards were based on the concept of “unfitness for human habitation”. A dwelling was unfit if it failed to meet one or more of the requirements set out in Section 604(2) of the Housing Act 1985. These requirements are replicated in the Landlord and Tenant Act 1985.
Under Part 1 of the Housing Act 2004 the existing standard of fitness is increased along with the local authority's powers to deal with the issue of poor housing with the use of the Housing Health and Safety Rating System (HHSRS).
Unfitness is determined in a number of ways but mainly, repair, stability, drainage and sanitary conveniences, preparation and cooking facilities, water disposal etc. There are also the issues of proper ventilation, natural lighting, internal arrangement and; freedom from dampness which will be considered also. A culmination of small defects can be held to render the property inhabitable entitling the Tenant to compensation and action being taken by the local authority.
HHSRS operates by reference to the existence of two categories of hazard, category one and category two. A hazard is defined in Section 2(1) as: “any risk of harm to the health or safety of an actual or potential occupier of a dwelling or HMO which arises from a deficiency in the dwelling or HMO or in any building or land in the vicinity (whether the deficiency arises as a result of the construction of any building, an absence of maintenance or repair or otherwise).”
Under Section 2(4), harm includes harm to physical or mental wellbeing whether permanent or temporary. Again, harm is classified into different levels of harm from class 1 being extreme harm with the most serious being “death by any cause” down to class 4 moderate harm with the least serious being “regular serious coughs or colds”.
Therefore whilst the local authorities assessment will be carried out based on the risk of harm which would or should require medical attention, if the council identifies a property which fails to meet one or more of the above requirements, it is deemed to be 'unfit for human habitation'.
In these circumstances the council must determine the most satisfactory course of action to be taken with that property.
Initially whether having received a complaint or the local authority believes that it is appropriate to do so an inspection will be conducted from which a hazard score will be generated. This score will determine what, if any, duty the authority has and what, if any, action needs to be taken. The inspector will consider:
- 1.the likelihood, during the next 12 months from the assessment, of a relevant occupier suffering any harm as a result of the hazard; and
- the range of potential outcomes.
Then, this score is utilised when considering each hazard to provide a numerical score based on a numerical table of national averages set out in the regulations but calculated by taking the following three matters into consideration: (1) a weighting for each class of harm, (2) the likelihood of suffering or occurrence and (3) the spread of possible harms.
If a complaint is made to the environmental services or to you as the Landlord directly you should take notice and make every effort to resolve the matters immediately. Should you fail to do so, the Council could deem your property as inhabitable thereby and your tenant could have a cause of action against you for a reduction in rent for the period following notice of the defects or; alternatively, the amount of rent they would have paid elsewhere for a habitable property. Additionally, the local authority could serve a Closing order on you prohibiting the use of the premises for any purpose not approved by the council or worst, a Demolition order
If you are concerned that your property may not be fit for human habitation and wish to ensure that you are fully compliant with the law, you should contact the Environmental Health team
It always pays to ensure that your property is let in the best possible standard taking into account the types of hazard the local authority would be looking for and your statutory requirements under all legislation.
This article gives a general overview only and the legal position at the time of writing this article. It cannot be relied upon in any particular case. Specific legal advice must always be considered to include consideration as to whether the legal position contained in this article has changed since going to print. For further information and advice, please contact Nita King or Marianne Johns on 01793 527141 or alternatively by email on Nita.King@lemon-co.co.uk or Marianne.Johns@lemon-co.co.uk.
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<p><strong><a href="http://www.lemon-co.co.uk/article_landlord-part3.php">Health and safety for landlords</a></strong><br />
As with the review of the definition and classification of HMO's and the mandatory licensing requirements, the Housing Act 2004 has reformed 150 years of local authority regulation of housing standards....</p>
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