Part 1 — HHSRS: the 29 hazard categories and mandatory local authority action
The Housing Health and Safety Rating System (HHSRS) replaced the Housing Fitness Standard with a risk-based assessment of 29 hazard categories. Each hazard is scored based on: the likelihood of the hazard occurring and causing harm within 12 months; the probable severity and spread of harm if it does occur. Hazards are divided into two categories based on the score:
- Category 1 hazards (score above 1,000): the local authority has a MANDATORY duty to take enforcement action — it must serve one of: improvement notice (s.12) specifying the works required and a compliance period of at least 28 days; prohibition order (ss.20-21) prohibiting occupation or limiting occupants; emergency prohibition order (s.43) taking immediate effect without prior notice; or emergency remedial action (s.40) whereby the council carries out works and recovers costs from the landlord
- Category 2 hazards (score below 1,000): discretionary powers — the local authority may serve a hazard awareness notice (non-binding) or take enforcement action
- The 29 HHSRS hazard categories: physiological (damp and mould; excess cold; excess heat; asbestos and MMF; biocides; carbon monoxide and fuel combustion products; lead; radiation; uncombusted fuel gas; volatile organic compounds); psychological (crowding and space; entry by intruders; lighting; noise); infection (domestic hygiene; pests and refuse; food safety; personal hygiene; sanitation and drainage; water supply); accidents (falls associated with baths; falls on level surfaces; falls on stairs; falls between levels; electrical hazards; fire; flames and hot surfaces; collision and entrapment; explosions; position and operability of amenities; structural collapse and falling elements)
- Most common Category 1 hazards in practice: excess cold; damp and mould growth; electrical hazards; fire (particularly in HMOs); falls on stairs; entry by intruders (inadequate door/window security)
Part 2 — HMO mandatory licensing and the 2018 extension
- HMO mandatory licensing (HA 2004 ss.55-78): a mandatory HMO licence is required where a property is occupied by 5 or more persons forming 2 or more households as their only or main residence with shared amenities (bathroom; toilet; cooking facilities)
- 2018 extension: the Housing Act 2004 (Licensing of Houses in Multiple Occupation) (Prescribed Descriptions) (England) Order 2018 (SI 2018/221) removed the previous requirement that the property must be at least 3 storeys — from 1 October 2018, any property meeting the 5-person/2-household test is mandatorily licensable regardless of storey count; this includes flats above shops and purpose-built flats in multiple occupation
- Licence term: up to 5 years; must be granted unless the applicant is not fit and proper or the property is not reasonably suitable
- Fit and proper person test (s.66): applicant must not have been convicted of fraud; violence; drug offences; housing/landlord offences; contravened housing/landlord legislation
- Mandatory licence conditions: annual gas safety check; electrical installation condition report every 5 years (or on change of tenancy); ensure appliances in safe working order; ensure furniture complies with fire safety regulations; provide tenants with a gas safety certificate
- Failure to hold a mandatory HMO licence: civil penalty up to £30,000 (s.249A); tenants can apply for a Rent Repayment Order covering up to 12 months of rent
Part 3 — selective licensing, civil penalties (s.249A) and banning orders (Part 4A)
- Selective licensing (ss.79-100): local authorities can designate all or part of their area requiring ALL private rented properties (not just HMOs) to hold a licence; designation lasting up to 5 years and renewable
- Statutory grounds for selective licensing (s.80) — the area must satisfy at least one: (1) low housing demand; (2) significant and persistent problem caused by anti-social behaviour; (3) properties in poor or very poor condition; (4) high level of migration into the area; (5) significant level of deprivation; (6) high levels of crime
- Designations covering more than 20% of the authority's area require confirmation by the Secretary of State before coming into force
- Civil penalties (s.249A, inserted by Housing and Planning Act 2016): local authorities can impose civil penalties of up to £30,000 per offence instead of criminal prosecution; offences: operating an unlicensed mandatory HMO; breaching mandatory HMO licence conditions; operating without a selective or additional licence; breaching HMO management regulations (SI 2006/372)
- Rent Repayment Orders (RRO): First-tier Tribunal can require landlords to repay up to 12 months of rent to tenants where the landlord committed a relevant housing offence (unlicensed HMO; using violence to enter; illegal eviction; breach of improvement/prohibition notice; failure to comply with management orders)
- Management orders (Part 4): Interim Management Order (IMO) — local authority takes over management for up to 12 months (renewable); collects rent and manages property; landlord retains ownership; Empty Dwelling Management Order (EDMO) — for properties empty for 6+ months causing nuisance
- Banning orders (Part 4A, Housing and Planning Act 2016): First-tier Tribunal can issue a banning order prohibiting a landlord or property agent from letting or managing residential property; duration can be fixed or indefinite; national database of banning orders maintained by MHCLG (England)