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.
LHA enforcement options for High (H) 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 (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