HHSRS assesses the likelihood that a hazard will cause harm to the most vulnerable likely occupant of a dwelling, weighted by the probable severity of any harm. The system produces a numerical score for each of the 29 hazard categories; a score above 1,000 constitutes a Category 1 hazard, below 1,000 is Category 2. Category 1 hazards trigger a local authority duty to act; Category 2 hazards give a power but not a duty. For landlords, a Category 1 HHSRS finding almost always results in a formal notice.
The most commonly cited HHSRS hazards in private rented properties are damp and mould growth (Hazard 1), excess cold (Hazard 2), falls on stairs (Hazard 3), and electrical hazards (Hazard 8). From 6 April 2026, Awaab's Law (as applied to the private rented sector by the Renters' Rights Act 2025) imposes mandatory response and repair timeframes for damp and mould hazards — landlords who fail to act within those timeframes face civil penalties up to £40,000 regardless of whether a formal HHSRS notice has been served.
The 29 HHSRS hazard categories
HHSRS assessors score properties against 29 defined hazard categories grouped into four broad clusters:
- Physiological requirements (Hazards 1–8): damp and mould growth, excess cold, excess heat, asbestos and manufactured mineral fibres, biocides, carbon monoxide and fuel combustion products, lead, radiation, uncombusted fuel gas, volatile organic compounds
- Psychological requirements (Hazards 9–11): crowding and space, entry by intruders, lighting
- Protection against infection (Hazards 12–16): domestic hygiene, pests and refuse; food safety; personal hygiene, sanitation and drainage; water supply for domestic purposes
- Protection against accidents (Hazards 17–29): falls associated with baths etc; falling on level surfaces; falling on stairs etc; falling between levels; electrical hazards; fire; flames and hot surfaces; collision and entrapment; explosions; position and operability of amenities; structural collapse and falling elements
- Damp and mould growth (Hazard 1) is the most commonly enforced HHSRS hazard in the private rented sector — it features in the majority of Category 1 enforcement actions by local authorities
- Excess cold (Hazard 2) is the second most common and is closely linked to EPC ratings — a property with an EPC rating of F or G is almost automatically at risk of an excess cold Category 1 finding
Category 1 vs Category 2 hazards
The HHSRS score determines whether a hazard is Category 1 or 2 and what powers the local authority can use:
- Category 1 hazard (score 1,000+): The local authority has a duty (not just a power) to take the most appropriate enforcement action. This is the threshold above which the council must serve a notice or take action — it cannot choose to ignore a Category 1 hazard once identified
- Category 2 hazard (score below 1,000): The local authority has a power to take action but is not obliged to. In practice, Category 2 findings often result in informal notices, letters, or improvement schedules rather than formal enforcement
- A single inspection can identify multiple hazards at different category levels — a property may have a Category 1 damp and mould hazard and a Category 2 falls-on-stairs hazard simultaneously
- The HHSRS score is not a pass/fail test on the property as a whole — it is a score for each specific hazard. A property with one Category 1 hazard and twelve Category 2 hazards still triggers the enforcement duty for the Category 1 hazard
- Properties that are subject to an HMO licence are typically inspected more frequently and HHSRS scoring is applied as part of the licensing process — a Category 1 hazard finding during an HMO licence inspection can result in licence refusal or conditions
Local authority enforcement powers
When a Category 1 hazard is identified, the local authority must take the most appropriate of the following actions:
- Improvement Notice: The most commonly used enforcement power. Requires the landlord to take specified remedial works within a set timeframe (minimum 28 days for the notice period, then a works completion date). An Improvement Notice can be appealed to the First-tier Tribunal (Property Chamber). Failure to comply with an Improvement Notice without reasonable excuse is a criminal offence
- Prohibition Order: Prohibits all or specified use of a dwelling or part of a dwelling. May be absolute (no occupation permitted) or restricted (occupation only by people in specified categories, e.g. adults without children). A Prohibition Order is served where the hazard cannot be remedied by works alone, or as an emergency measure pending works
- Emergency Remedial Action: Where a Category 1 hazard poses an imminent risk of serious harm, the local authority can enter the property and carry out the remedial works itself without prior notice to the owner. The cost is recoverable from the landlord. This power is used sparingly but is available
- Emergency Prohibition Order: An expedited Prohibition Order available without the normal notice period where an imminent hazard requires immediate action. Used alongside Emergency Remedial Action in urgent cases
- Hazard Awareness Notice (HAN): An informal notice that does not require remedial action but formally notifies the landlord of a hazard. Used for Category 2 hazards or as a first step before formal enforcement. A HAN is not enforceable but creates a formal record and can be used in subsequent enforcement proceedings
- Demolition Order and Clearance Area: Reserved for properties beyond economic repair. Very rare in the private rented sector
Awaab's Law and HHSRS in 2026
From 6 April 2026, Awaab's Law imposes mandatory timeframes for landlords responding to damp and mould hazards in the private rented sector:
- Awaab's Law (Sections 10A–10F, Landlord and Tenant Act 1985, inserted by the Renters' Rights Act 2025) applies to all private residential lettings in England from 6 April 2026 and sets three key deadlines: acknowledge within 14 days of a written hazard report; provide a written repair plan within 7 days of acknowledgement; begin repair works within 7 days of the plan (for emergency hazards — immediately)
- Failure to comply with Awaab's Law obligations is a civil breach of the tenancy agreement — tenants can seek a court order for specific performance and damages. Local authorities can use HHSRS enforcement powers in parallel
- Damp and mould is simultaneously Hazard 1 under HHSRS and a covered hazard under Awaab's Law — landlords face two distinct legal frameworks for the same problem: the HHSRS enforcement regime (local authority inspection and notice) and the Awaab's Law contractual regime (tenant civil action)
- Civil penalties for HHSRS enforcement non-compliance: failure to comply with an Improvement Notice is a criminal offence with an unlimited fine on indictment. Local authorities may also impose civil penalties of up to £30,000 as an alternative to prosecution under Housing Act 2004 powers
- The private sector HHSRS enforcement regime is also linked to the Private Rented Sector Database (when live) — Category 1 hazard enforcement actions will be recorded on the landlord's database entry, and non-compliant landlords may be unable to issue possession notices
Frequently asked questions
How does a local authority HHSRS inspection get triggered?+
HHSRS inspections are most commonly triggered by a tenant complaint to the local housing authority — either directly or via the council's environmental health or housing standards team. They can also be triggered proactively during HMO licence inspections, during selective licensing compliance visits, by referrals from other services (e.g. NHS referrals for damp-related health presentations), or as part of proactive enforcement programmes in designated areas. A landlord cannot refuse a local authority inspector entry — they have a right of access under the Housing Act 2004 with reasonable notice.
Can I appeal an HHSRS Improvement Notice?+
Yes. You can appeal an Improvement Notice to the First-tier Tribunal (Property Chamber) within 21 days of the notice being served. The appeal suspends the enforcement notice while it is pending — you do not have to carry out the works during the appeal period. However, if the appeal fails, the works must be completed within the timeframe set by the Tribunal. Grounds for appeal include: the local authority's assessment of the hazard score was wrong; the remedial action specified is unnecessarily extensive; or there were procedural errors in how the notice was served.
What happens if I ignore an HHSRS Improvement Notice?+
Failing to comply with an HHSRS Improvement Notice without reasonable excuse is a criminal offence under Section 30 of the Housing Act 2004, carrying an unlimited fine on conviction on indictment. The local authority may also issue a civil penalty of up to £30,000 as an alternative to prosecution. If the works are still not done, the local authority can carry out Emergency Remedial Action and recover the cost from you. The enforcement action will also be recorded, which may affect your ability to apply for HMO licences and eventually your Private Rented Sector Database entry.
Is HHSRS the same as a building survey or EPC assessment?+
No. HHSRS is a local authority housing health and safety assessment carried out by environmental health officers or housing standards officers, assessing hazards to occupants. It is distinct from a surveyor's building survey (which assesses structural condition) and an EPC assessment (which assesses energy efficiency). However, HHSRS and EPC overlap: a property with an F or G EPC rating is at high risk of an Excess Cold Category 1 HHSRS finding. HHSRS is also distinct from gas safety, electrical safety (EICR), and fire safety checks, which are separate statutory regimes.