The Housing Health and Safety Rating System (HHSRS), introduced by the Housing Act 2004, scores 29 hazard categories. Category 1 hazards (score above 1,000) represent an imminent serious risk -- the LHA must take enforcement action. Category 2 hazards are lesser risks where the LHA has discretion.
LHA enforcement options for Category 1 hazards
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 (Category 1) or Section 12 (Category 2) 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 Category 1 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 £30,000 (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