21^st Aug 2019

With the introduction of the Homes (Fit for Human Habitation) Act 2018 landlords and lettings agents are unsure of what they must do to fully comply with the regulations.

A property inventory management service says agents and landlords are in a considerable state of confusion, over how best to address the 29 listed HHSRS hazards which make their properties 'unfit for human habitation'.

Obviously everybody understands the problems with, overcrowding, unsafe layouts of properties, or the accommodation is in a state of disrepair; however the company is telling agents and landlords that there is no need to use 'tailored' HHSRS inventory reports, to be fully compliant with the regulations.

In 2006 the HHSRS was introduced which provided councils powers to check health and safety standards in residential properties and to recognise hazards, especially ‘category 1’ hazards which can be life threatening.

The authorities'' powers allow them to fine landlords and order them to carry out the necessary work on their property to make it 'fit for purpose'.

Earlier in the year the government announced it would be reforming the HHRS to 'improve, clarify and modernise' the system, as well as addressing whether some hazard profiles can be removed or combined.

The CEO of the company, Nick Lyons, said: "Since the introduction of new legislation in March, we've seen organisations publishing HHSRS checklists and offering health and safety checks.

"For inventory providers and other industry firms to promise to be able to do this is misleading due to the nature of some of the 29 HHSRS hazards. The new Act is there to make it easier for tenants to prosecute landlords if there is an issue with one of the 29 hazards."

He clarifies that tenants should make agents or landlords aware of any issues that makes their 'home' unfit for habitation, and must be in writing.

The agent or landlord will then have 14 days to reply back to the tenants with a response that addresses their concerns and how they will solve the issue.

Lyons said:"Providing the issue is dealt with in a timely fashion, there will be no problem for landlords and no further action taken. There is no legal requirement for an HHSRS report to be provided at the start of the tenancy."

He also points out that there are some hazards listed which are difficult to detect as being 'invisible' to the naked eye, such as volatile organic compounds (vapours caused by burning fuels) and radiation.

He continued: "A good inventory and documented mid-term inspections, alongside efficient maintenance processes, can prevent problems and ensure that letting agents and landlords remain compliant with The Homes (Fitness for Human Habitation) Act" adds Lyons.

The company says that more than half (15) of the 29 HHSRS hazards can be picked up/detected from a property visit or inventory; these include - entry by intruders, lighting, damp and mould, excess cold or heat, lighting, sanitation, food safety and water supply etc.

The other 14 hazards which includes lead in paint are not very common and Lyons asks how will agents and landlords be able to detect them, surely they would have to receive proper training and guidance?

Lyons added: "The HHSRS in its current form is complicated, so it's good news that the government has committed to simplifying it.

"Moving forward, a reformed HHSRS will be able to complement independent inventories and legislation like the Homes (Fitness for Human Habitation) Act in order to protect the condition of properties and provide renters with a higher standard of accommodation."


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