Minimum Standards For Residential Accommodation
All dwellings should provide a safe and healthy environment for current and future occupants and any potential visitors. This relates to the condition of the structure, associated outbuildings, gardens, yard and/or other amenity space and means of access.
Houses in Multiple Occupation (HMOs) must meet certain minimum standards. This applies to both licenseable and non licenseable properties.
The Housing Act 2004 introduced provisions to replace the housing fitness regime set out in the Housing Act 1985.
April 2006 saw the introduction of licensing of certain categories of HMOs and the use of the new |Housing Health & Safety Rating System (HHSRS) for assessing health and safety hazards in the home. In addition landlords may like to view the further guidance in the |Landlords Leaflet.
The HHSRS applies to all residential properties, and provides a system capable of assessing the hazards, and the best way of dealing with them.
What determines whether a property is 'safe for human habitation'?
The HHSRS assesses a dwelling against 29 potential housing hazards, and the effects each hazard may have on the occupiers of the property. These hazards are divided into 4 main groups:
1. Physiological requirements
Includes thermal conditions: damp and mould, excess cold and excess heat, and pollutants such as Asbestos, Carbon monoxide and Radiation.
2. Psychological requirements
Includes space, security, light and noise including crowding and space, access by intruders, lighting and noise.
3. Protection against infection
Includes hygiene, sanitation, and water supply e.g. domestic hygiene, pests and refuse, personal hygiene, sanitation and drainage, food safety, and water supply for domestic purposes
4. Protection against accidents
Includes falls on and between the levels and on the stairs, electrical hazards, fires, burns, scalding, collisions, cuts and strains.
How are assessments made?
The assessment process is not just a question of spotting defects, but also covers risk assessment, outcomes and effects.
When an inspector finds a hazard, two key tests are applied - what is the likelihood of a dangerous occurrence as a result of this hazard and if there is such an occurrence, what would be the likely outcome?
What action will be taken if a property is 'unsafe'?
If we are aware of a property that contains hazards, there are a number of approaches we may take.
In some cases, grants and loans may be available to improve the property. In other cases we may be able to advise owners on the action that can be taken to make a property safe and decent. Finally, we may decide to take enforcement action, which could involve serving notices, and ultimately, prosecuting owners who openly fail to fulfil their legal obligations.
The decision taken in the case will have regard to health and safety and will be in accordance with our Private Sector Housing Enforcement Policy. Contact |Private Sector Housing for more information.
Does the HHSRS apply to all types of residential accommodation?
The HHSRS applies to residential properties, irrespective of whether they are occupied by a homeowner or a tenant.
Is an Energy Performance Certificate necessary?
From 1st October 2008, landlords must provide an Energy Performance Certificate to people who want to rent a home from them. The Department for Communities and Local Government has published |a guide for tenants which you may find useful. However, if a tenant already rents a home on 1st October 2008, and continues to live there after that date, their landlord does not need to provide an Energy Performance Certificate. A separate |landlords guide regarding this subject is also available for reference.
