Part 1 of the Housing Act replaces the existing Housing Fitness Standard contained in the Housing Act 1985 with the Housing Health and Safety Rating System (HHSRS).
It also adapts and extends the powers of enforcement currently available to Local Authorities to tackle poor housing conditions.
The current housing fitness standard was introduced by the Local Government and Housing Act 1985.
A dwelling is unfit if, in the opinion of the Local Authority, it fails to meet one or more of the requirements set out in the Act and by reason of that failure is not reasonably suitable for occupation.
The requirements constitute the minimum standard deemed necessary for a dwelling house or a House of Multiple Occupation (HMO) to be fit for human habitation.
If a Local Authority identifies a property as unfit it has a duty to take action. Local Authorities also have the powers to require works to render HMO's fit for the number of occupants.
Local Authorities will use the HHSRS when carrying out an inspection of a property. The HHSRS system accesses 29 categories of housing hazards. The assessment is based on the risk to the potential occupant who is most vulnerable to that hazard. For example, stairs constitute a greater risk to the elderly, so for accessing hazards relating to stairs they are considered the most vulnerable group. The very young as well as the elderly are susceptible to low temperatures. A dwelling that is safe for these most vulnerable to a hazard is safe for all.
A hazard rating is expressed through a numerical score that falls within a band. There are 10 bands (being A to J):
Local
Authorities will have a general duty to take action to deal with Category 1 hazards.
Local
Authorities will have discretionary powers to take action to deal with Category
2 hazards.
The Courses of Action available to authorities where they have either a duty or a power to act are to:
Action by Local Authorities will be based on a three-stage Consideration:
For advice and more information phone Environmental Health on 01380 724911 or e-mail env.health@kennet.gov.uk
This useful guide has been produced in partnership
with Office of the Deputy Prime Minister (ODPM
Housing
Health & Safety Rating System pdf (pdf, 552 KB)