HHSRS inspection by Council
If an Environmental Officer inspects any of your properties - Fully understand and respect that these people are employed and duty bound to investigate the tenant's allegations.
In many cases, these Officials can become your best allie, as they are able to prove that you have not done anything wrong and will reaffirm the unworthy nature of the claim. (Such reports could be vital in your defence or prosecution for they may be considered
a professional witness - This is because most Environmental Officers are trained to identify risk as defined in the HHRS Legislation. see The 29 Hazards HHSRS
Councils have the power to impose work orders and prosecute as in many areas of law they must be able to demonstrate they have endeavoured to resolve a situation prior to commencing court action. This means as soon as the council makes you aware of an issue, endeavour to remedy - Base on our experiences to date, any such works requested enquire as to what is advised and what they are saying is mandatory for sometimes the work lists are excessive.
If you refuse to remedy identified hazards you run several risks of being deemed to have failed the 'Fit and Proper Person' in the 2004 Housing Act, which means you may be prevented from being a landlord/letting agent and have the management of your properties [HMO especially] passed over to the council.
FAQs Council Inspections
What happens if a property is found to contain serious hazards?
The Local Authority has a duty to take the most appropriate action in relation to the hazard. Local authorities are advised to try to deal with problems informally at first. Appropriate action could be to serve a notice for the landlord to carry out improvements to the property, for example to install central heating or insulation, fix a rail to steep stairs, or mend a leaking roof.
If it is considered the most appropriate action, local authorities can implement any of the following:
- Serve an improvement notice requiring remedial works being the most likely action or also.
Make a prohibition order, which closes the whole or part of a dwelling or restricts the number of permitted occupants.
- Serve a hazard awareness notice.
- Take emergency remedial action.
- Make an Emergency Prohibition Order.
- Make a Demolition Order.
- Include the property in a clearance area.
Who is responsible for making changes to the building?
The owner, landlord, or managing agent is responsible.
Will landlords be forced to put up fluorescent warning signs in the property?
Only if this is considered appropriate.
Will councils force landlords to put in uPVC window units?
Local authorities are unlikely to insist on uPVC. They will be willing to discuss the options with the owner. See however, the Secretary of State has introduced powers with regards energy efficiency of boilers and the council can insist on a new boiler.
Who is responsible for ensuring appropriate action is taken by the owner, landlord or managing agent?
Local authorities are likely to make checks to ensure work is carried out in the prescribed time.
How quickly do improvements need to be made?
This is for the authority to decide, often in consultation with the owner. Nevertheless, unless it is an emergency, an owner cannot be made to begin work earlier than 28 days. An emergency would constitute the presence of a serious hazard and in the authority’s view, an imminent risk of serious harm to the occupiers.
What are the penalties if the owner, landlord or managing agent fails to make improvements?
Landlords, owners or managing agents face fines of up to £5,000 for not complying with a statutory notice.
If it is not practical to make changes to a property, for example, if the property is a small stone cottage with a narrow stairwell that is assessed as a hazard, what is the solution?
This is at the authority's discretion. If improvement of the property is not possible, the authority can allow the tenant[s] to remain living there if they appear less vulnerable to the hazard. In other cases, the authority may have to prohibit or restrict occupation.
How does the HHSRS affect me as a private landlord?
Landlords are advised to self assess their property to determine whether there are hazards that may cause a health or safety risk to tenants. They should then carry out changes to their property to reduce this risk. The most common hazards are cold, fire, falls, lead in drinking water pipes and old paintwork, and hot surfaces that could lead to burns or scalds. For example, fires, heaters, cookers and hot taps.
Does this mean tenants can take their landlord to court if they get ill?
Yes as now, but the tenant would need to show that the illness was caused by the condition of the property and the landlord had done nothing about it.
See suing your Landlord.