Housing Act 2004 Guidance
Assessment of hazards
Using guidance issued by the DCLG (Department for Communities and
Local Government, the former Office of the Deputy Prime Minister),
based on research by the University of Warwick, Council Officers
rate each individual hazard present within a dwelling on a
pre-determined scale. This results in a hazard score for each
of the 29 hazards incorporated within Housing Health and Safety
Rating System (HHSRS). Scores are grouped into ten bands from
A to J with Band A representing the most severe hazards down to
Band J representing those with minor health impact. Hazard
bands A to C are deemed Category One hazards. The remaining
Bands are deemed Category Two.
The Local Authority will be guided by three main points when
making an enforcement decision:
- The HHSRS Hazard Rating
- Whether the Local Authority has a duty or power under the act
to take action
- The best way of dealing with a hazard having regard to the
enforcement guidance
Hazard Awareness Notice
- Advisory notice only
- Normally used only for Category Two hazards (unusually
could be used for Category One hazards)
- Often used where properties are owner-occupied
- No time limit to commencement of remedial works
- No follow up inspection
Improvement Notice
- Used for Category One or Two hazards
- Remedial work must begin no later that 28 days after notice has
been issued (unless the notice has been appealed)
- Suspension of notice is possible in certain circumstances e.g.
where a person of a certain description begins or ceases to occupy
the dwelling
- Agreed time period for remedial work to be completed
- Follow up visits to verify work has been completed
- Failure to comply with the notice is a criminal offence
Prohibition Orders
- Used for Category One or Two hazards
- May prohibit use of part or all of a dwelling where hazards are
identified e.g. serious threats to health and/or safety or to limit
the number of occupants or prohibit the use of the dwelling to
particular group.
- Suspension of the order is possible under certain circumstances
e.g. where a person of a certain description begins or ceases to
occupy the dwelling
- Contravention of the order is a criminal offence
Emergency Action
- Used for Category One hazards only
- Used where there is considered to be an imminent risk to health
and/or safety
- Allows Local Authority to carry out immediate remedial
action
Can also serve an emergency prohibition order which would have
immediate effect
- Demolition Orders - used for Category One hazards
only
- Used where an imminent risk to health and/or safety has been
identified
- Property is considered to be beyond repair at reasonable
cost
Landlord Property Inspection Process
The guide below illustrates the inspection process that
landlords should carry out in order to minimise the possibility of
notices or orders being served on a dwelling.
1. Inspect Property
- Room-by-room checking elements, fixtures and fittings
- Check common parts and outside the building
- Record any deficiencies, disrepair or anything else that may
give rise to a hazard
2. Deficiencies - Hazards
- Do the deficiencies contribute to any of the 29 hazards?
- Do deficiencies Increase the likelihood of an
occurrence? Increase the severity of the harm?
3.
Remedial Action/Work
- What needs to be done to remedy deficiencies and reduce
risk?
- Carry out works according to severity.
4. Keep Records
- Record programme of remedial work and completion date
- Retain all certificates and receipts
5. Review
- Check all hazards have been removed/minimised
- Re-inspect property regularly, e.g. change of occupants,
alterations to property, and in line with legislation.
Contact details for Residential Property Tribunal
If you wish to appeal against the service of a notice or order,
contact the Residential Property Tribunal Service on 0845 100
2614
RPTS
First Floor
25 York Street
Manchester
M1 4JB