You may have your EPC,
Gas Certification, PAT certificates and as far as you are concerned compliant
with Health & Safety regulations... Think again.
One new
member recalled what had happened recently which prompted them to join First
Assist.
The
Landlord received a letter from the Local Authority informing them that an
inspection would be carried out under the Housing Act 2004, Part 1.
As far as
the Landlord was concerned the property was legally compliant. No problems they
thought as everything was in order.
After the
inspection the Local Authority issued a report based on HHSRS (Housing Health
& Safety System) of works to be carried out and informed them the works
must be completed within 28 days. The authority went on to say they would take
formal enforcement action if ignored. Failure to comply would lead to a fine
and constitute a criminal offence.
The
inspection identified issues that the landlord was not aware constituted
hazards.
Issues to
be addressed were….
- All
rooms to have a minimum of 2 double sockets.
- Mains
wired smoke alarms in living rooms and top of the stairs (they stated the
battery powered ones supplied by the local Fire Service were inadequate).
- Mechanical
means of ventilation achieving at least 3 air changes an hour in the
bathroom.
- Child
safety locks to be fitted to the first floor windows.
As you
can imagine this was an unpleasant and costly surprise to the landlord and one
all landlords should look to avoid.
The Housing
Health and Safety Rating System (HHSRS) have introduced a new risk assessment
system. This will affect all owners and landlords, including social landlords.
It focuses on identifying and tackling the hazards that are most likely to be
present in housing to make homes healthier and safer to live in.
The system
can deal with 29 hazards relating to:
Dampness,
excess cold/heat
Pollutants
e.g. asbestos, carbon monoxide, lead
Lack of
space, security or lighting, or excessive noise
Poor
hygiene, sanitation, water supply
Accidents -
falls, electric shocks, fires, burns, scalds
Collisions,
explosions, structural collapse
Each hazard
is assessed separately, and if judged to be 'serious', with a 'high score', is
deemed to be a category 1 hazard. All other hazards are called category 2
hazards.
A risk
assessment looks at the likelihood of an incident arising from the condition of
the property and the likely harmful outcome. If a local authority discovers
category 1 hazards in a home, it has a duty to take the most appropriate
action.
Who does it
affect?
The Housing
Health and Safety Rating system (HHSRS) affects all owners and landlords,
including social landlords.
The private
sector contains some of the worst housing conditions and owners and landlords
should be aware that any future inspections of their property will be made
using HHSRS.
Private
landlords and managing agents are advised to assess their property to determine
whether there are serious hazards that may cause a health or safety risk to
tenants. They should then carry out improvements to reduce the risks.
Public
sector landlords also need to incorporate HHSRS into their stock condition
surveys. To be decent, homes should be free of category 1 hazards.
Tenants
should be aware of the new approach taken by local authorities to deal with bad
housing conditions. They still have discretion over the action they take but
they are more likely to prioritise cases where there is some evidence of
serious hazards.
How does it
work?
A risk
assessment looks at the likelihood of an incident arising from the condition of
the property and the likely harmful outcome. For example, how likely is a fire
to break out, what will happen if one does?
The
assessment will show the presence of any serious (Category 1) hazards and other
less serious (Category 2) hazards.
To make an
assessment, local authority inspectors will make reference to the HHSRS
'Operating Guidance' and 'Enforcement Guidance'. During an inspection they may take
notes manually or may use a programme on a hand held computer.
How is it
enforced and what are the penalties?
If a local
authority discovers category 1 hazards in a home, it has a duty to take the
most appropriate action. Local authorities are advised to try to deal with
problems informally at first.
If this is
unsuccessful, the council could serve notice on a landlord requiring him or her
to carry out improvements to the property. For example, by installing central
heating and insulation to deal with cold, fix a rail to steep stairs to deal
with the risk of falls, or repair a leaking roof. Local authorities also have
powers to prohibit the use of the whole or part of a dwelling or restrict the
number of permitted occupants. Where hazards are modest they may serve a
hazard-awareness notice to draw attention to a problem. Where an occupier is at
immediate risk, the authority can take emergency remedial action.
A property
owner who feels that an assessment is wrong can discuss matters with the
inspector and ultimately will be able to challenge an enforcement decision
through the Residential Property Tribunal.
Failure to
comply with a statutory notice could lead to a fine of up to £5,000 and/or the
council carrying out work in default
Where can I
get more information?
Give The First
Assist Team a call they will be happy to help. Tel 0800 083 0122
