The Housing Health and Safety Rating System (HHSRS) is an assessment used to identify hazards that may affect a property's fitness for human habitation. Originally Introduced under the Housing Act 2004, and later incorporated into the Homes (Fitness for Human Habitation) Act 2018, the risk-based evaluation tool can be used in all residential properties, to identify any potential risks or hazards that could affect a household’s health. Most often it is used by councils/local authorities to inspect privately rented properties to ensure the conditions of the property are safe for tenants. But how does the HHSRS work?

The HHSRS assessment

The idea of the HHSRS assessment is to improve conditions in rental properties using a systematic, and objective, approach to identify and tackle potential hazards. Landlords can use the tool to review conditions of their rental home to see where, and how, their properties can be made safer. Or, more often than not, an environmental health officer from your local authority can use it to monitor risks in rented accommodation.

 The HHSRS covers 29 Categories of potential hazards and are grouped under the following headings:

• Physiological requirements
• Psychological requirements
• Protection against infection
• Protection against accidents

(A list of all the hazards can be found at the bottom of this blog)

When an assessment is carried out, the assessor considers the chance of harm a hazard could cause, how serious it could be, and the occupiers of the property. For example, if a member of the household includes an elderly person with mobility issues, then a frayed carpet in the hallway may present as a potential hazard, whereas it may not if the household was made up of two people in their 30’s without any mobility issues.

When the assessment has been completed, the hazard ‘points’ are totalled and will be categorised, depending on how severe the risk is deemed to be. Hazards will either be rated as serious ‘category 1’ hazards, where remedial action must be taken, or lower risk ‘category 2’ hazards where the local authority has the power to take action if it is deemed necessary.

Enforcement

Local authorities can take a variety of different actions when hazards are identified, but generally they will try and work with the landlord informally in the first instance. If the landlord then doesn’t agree to make the property safe, they can use one of the following formal actions.

Improvement Notice

This is a notice that outlines the hazards that were found, informs the landlord how to fix them, and gives a timeframe in which they need to be fixed by. These can be used for both category 1 and category 2 hazards. If a landlord receives an improvement notice, then any section 21 notice will not be enforceable within 6 months of the date of the improvement notice. Failure to comply without a reasonable excuse can result in a civil penalty of up to £30,000 per offence, prosecution, a rent repayment order, or a banning order.

Hazard Awareness Notice

Like the improvement notice, a hazard awareness notice informs the landlord what hazards were found, gives instructions on what remedial action to take, but does not include a time frame on how quickly these repairs needs to be put in place. This type of notice is most commonly used for category 2 hazards but could also be used for category 1 if the landlord is compliant and there are no vulnerable persons living in the property. There is no enforcement action that can take place if a landlord fails to comply with a hazard awareness notice, but an improvement notice would then most commonly be issued.

Emergency Action

Where hazards are found which could cause serious harm in the near future, then the council can decide to take emergency remedial action and carry out the works themselves (but the landlord is still responsible for the cost). If this happens then the council must supply the landlord with an emergency remedial action notice within 7 days of starting the work. Like with the improvement notice, landlords are unable to serve a section 21 notice for 6 months from the date of service. Emergency action can only be taken on category 1 hazards.

Prohibition Order

The local authority can serve a prohibition order to prevent people living in all or part of the building, or to restrict the number of people living there. This type of enforcement action is most commonly used when a property is overcrowded, or it wouldn’t be practical to undertake remedial works whilst there are people inhabiting the property. A prohibition order comes into effect after 4 weeks, unless an emergency prohibition order is served, in which case it comes into effect immediately. The local authority has a duty to rehouse anyone displaced as a result of a prohibition notice if other suitable accommodation is not available, and If they are displaced for more than 1 year then they may be entitled to compensation.  It is an offence to fail to comply with a prohibition order and landlords could also be subject to rent repayment orders or banning orders per offense.

Demolition Order

This is only in the most serious of cases where a property is unsafe, and remedial works are not possible. The landlord will be responsible for the demolition and will be given a certain timeframe to carry this out in. If they fail to do so, the council will be able to demolish the property and have the right to sell any materials left on the site. When a demolition order is in place the local authority has a duty to rehouse anyone who has been displaced due to the order, if no other suitable accommodation is available.  A demolition order would most commonly be used if multiple critical category 1 hazards are found.

Clearance Area

Where a category 1 hazard is found which could form a danger to the health and safety to inhabitants of other properties in the area then the local authority can declare a clearance area. This only happens in the most serious of cases and the local authority would need to obtain compulsory purchase orders for all the properties included in the clearance zone.

Future of the HHSRS

The government undertook a review in 2022 and announced that it would be reforming the HHSRS to amend the list of hazards, introduce a colour coding system, introduce initial assessments, and publish statutory operating and enforcement guidance. The new regulations should be introduced after the conclusion of the Decent Homes Standard review.

As a landlord, knowing what inspectors will look for, and understanding the HHSRS as a whole will allow you to proactively maintain high property standards and warrant tenants’ safety. Guaranteeing the wellbeing of your tenants is not just about meeting legal requirements, it will mean your tenants are happier, resulting in a more secure income for you.  If you’re unsure on the HHSRS, and how to keep your property free from hazards, then maybe we could help? When we manage your property, we do regularly checks to ensure it is fit for human habitation, so if you feel you could benefit from using Aquarius Homes, and would like to find out more then get in touch.

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The current 29 HHSRS Hazards

Physiological Requirements

These include threats to physical and mental health.

• Damp and mould growth
• Excess Cold
• Excess Heat
• Asbestos and manufactured mineral fibres (MMF)
• Biocides
• Carbon Monoxide and fuel combustion products
• Lead
• Radiation
• Uncombusted fuel gas
• Volatile organic compounds (VOCS)

Psychological Requirements

These include threats to mental and emotional health and can also have a physical effect.

• Crowding and space
• Entry by intruders
• Lighting
• Noise

Protection Against Infection

These include threats that could cause a person to get an infection, and negative mental side effects.

• Domestic hygiene, pests and refuse
• Food safety
• Personal hygiene, sanitation and drainage
• Water supply for domestic purposes

Protection Against Accidents

These include threats that could cause a person to be harmed both physically and mentally.

• Falls associated with bath’s etc.
• Falling on level surfaces etc.
• Falling on stairs etc.
• Falling between levels
• Electrical Hazards
• Fire
• Hot surfaces
• Collision and entrapment
• Explosions
• Position and operability of amenities
• Structural collapse and falling elements