The Housing Health and Safety Rating System (HHSRS), introduced by the Housing Act 2004, assesses 21 hazard categories (from 23 June 2026, SI 2026/571; formerly 29). High (H) hazards represent an imminent serious risk -- the LHA must take enforcement action. Medium or Low hazards are lesser risks where the LHA has discretion.
The LHA must take one of: improvement notice (requiring works within a timescale), prohibition order (restricting occupation), emergency remedial action (LHA carries out works directly and charges the landlord), or emergency prohibition order (immediate restriction, bypassing the 21-day appeal window).
What an improvement notice requires
- Served under Section 11 (High (H) hazard) or Section 12 (Medium or Low hazard) Housing Act 2004
- Must specify: the hazard, the premises, the works required, and the compliance date (at least 28 days after the notice takes effect)
- Served on the person having control of the property (landlord or managing agent) and all occupiers
- Takes effect 21 days after service -- the 21-day window is the appeal period
Most common High (H) hazards triggering notices
- Excess cold (Hazard 1): inability to heat to 18°C in living rooms, condemned boiler, inadequate insulation
- Damp and mould (Hazard 2): rising damp, penetrating damp, condensation mould -- Awaab's Law extended obligations
- Falls on stairs (Hazard 11): inadequate handrails, steep stairs, structural failure
- Fire (Hazard 22): no smoke alarms, inadequate means of escape, combustible linings in HMOs
- Electrical hazards: deteriorated wiring, no RCD protection, overloaded circuits (from EICR)
Non-compliance penalties
- Criminal offence under Section 30 Housing Act 2004: unlimited fine in the magistrates' court
- Civil penalty alternative: up to £40,000 (LHAs increasingly use this route as faster than prosecution)
- Works in default: LHA carries out works and recovers cost from landlord as a local land charge
- Banning Order: 2+ relevant convictions within 3 years can trigger a Banning Order preventing all letting in England
Prohibition orders
- Restricts or prevents occupation of all or part of the property until the hazard is remedied
- Breach of a prohibition order: criminal offence, unlimited fine
- Prohibition orders remain on property title until revoked by the LHA -- disclosed in conveyancing searches
- Emergency prohibition orders: take immediate effect, no 21-day suspension pending appeal
Appealing an improvement notice, the 21-day window
- Grounds of appeal: the hazard assessment is wrong, the works specified are disproportionate or technically incorrect, the LHA chose the wrong enforcement action, or there is a procedural defect in the notice
- Effect of appeal: an appeal to the First-tier Tribunal (Property Chamber) suspends the operation of the improvement notice until determined. Emergency prohibition orders are not suspended and remain in force during the appeal
- Tribunal powers: the Tribunal can confirm, vary, or quash the improvement notice, and can substitute a different enforcement action
- Costs: the Tribunal does not generally award costs in housing enforcement appeals unless there is unreasonable conduct by one party
- Where the appeal is likely to succeed (e.g. the LHA's HHSRS score is clearly wrong), an expert surveyor report significantly strengthens the case