Landlords and property managers letting out residential properties in the UK are subject to various legal obligations regarding the conditions of the dwelling and the adjacent common parts. They must ensure their properties are in a good state of repair and free from housing-related hazards to health and safety.
Local housing authorities have various duties and powers to tackle poor housing conditions under the Housing Act 2004. They have a statutory duty to keep the housing conditions in their area under review, and a duty to inspect properties whenever they consider it appropriate or if they receive a valid complaint.
The Housing Health & Safety Rating System (HHSRS) allows councils to assess and categorise all the main potential hazards in a property that pose a risk to the health and safety of the tenants and their visitors. The enforcement action depends on the seriousness of the hazard and can result in:
- an improvement notice
- a prohibition order
- a hazard awareness notice
- a demolition order
- a compulsory purchase order (CPO)
- emergency remedial work carried out by the authority and charged to the landlord
What is an Improvement Notice?
An improvement notice is a formal instruction from the council to a landlord or property manager to carry out specific actions or works considered necessary to remove, or minimise, the risk of a hazard in a dwelling.
The notice is issued under Sections 11 and 12 of the Housing Act 2004 in respect of Category 1 and Category 2 hazards such as damp, mould, and excessive cold.
An improvement notice is a local land charge under Section 37 of the Housing Act 2004. It is registered against the property and is binding on any successive owner.
What Does an Improvement Notice Need to Set Out?
Improvement notices set out the specific hazards, their causes, the required repairs, and the deadlines for completion. They must include information on:
- the nature of the hazards and whether it is a category 1 or 2
- any deficiencies of the dwelling contributing to the cause of the hazard
- the nature of the required remedial actions or works
- deadline for starting and completing remedial actions and works
- information about the right of appeal against the notice
Who Can be Served With an Improvement Notice?
An improvement notice can be issued against anyone controlling or managing premises, including:
- private landlords
- housing associations
- homeowners living in their properties
Enforcement action against private homeowners occupying their premises is extremely rare.
Council properties are exempt although local housing authorities are expected to comply with the Decent Homes Standard and ensure that their properties are free from Category 1 hazards.
More stringent health and safety standards apply to houses in multiple occupation (HMO) and to high-rise residential buildings.
HHSRS Ratings and List of Hazards
The Housing Health & Safety Rating System (HHSRS) implements a risk assessment approach also applied to vacant dwellings. The assessment is done with reference to the elderly and most vulnerable individuals, even if they do not actually live on the property.
Following an inspection, local authority officers decide if there are risks of harm to an actual or potential occupier of the dwelling resulting from any inadequacy that could create a hazard. Inspectors apply a formal scoring system to judge the seriousness of the hazards and decide whether to take enforcement action against property owners and landlords if they find Category 1 or Category 2 hazards.
What are HHSRS Category 1 and Category 2 Hazards?
The Housing Health and Safety Rating System (England) Regulations 2005 list 29 matters and circumstances that might cause a hazard and 4 classes of harm that might result from those hazards. The Regulations set out a formula used by local housing authority inspectors to calculate the band in which a hazard falls and provide that:
- Category 1 hazards are those falling within band A, B or C, and
- Category 2 hazards are those falling within bands D to J
The authority has a duty to take enforcement action against Category 1 hazards and issue the most appropriate form of notice against the person or organisation managing the property.
With regard to Category 2 hazards, the local authority may just write to the property owner and request that the hazards be addressed without issuing formal notices. However, if the landlord disregards the informal request, the authority can escalate and take formal enforcement action.
How Many Hazard Categories Does HHSRS Assess?
Government guidance for local housing authorities arranges the 29 matters and circumstances that can give rise to a hazard in four main groups according to their nature and the risk they pose to health and safety. For each matter and circumstance, the guidance describes the hazard, what deficiencies might cause it, what can help avoid or minimise it, the likelihood of harm, and how to assess the hazard.
Landlords and property managers should check those matters and circumstances regularly and prevent creating risks and hazards in their property that might lead the local housing authority to issue notices or take other forms of HHSRS enforcement. If the authority issues an improvement notice, a copy of the notice will be served on the tenants and occupiers of the premises, as well as on anyone else with an obvious interest in the property such as freeholders and mortgage lenders. This has important consequences discussed below that property owners and managers want to avoid.
Physiological Requirements - HHSRS Group 1 Hazards
Under the physiological requirements, the guidance lists:
- Hygrothermal conditions
1 Damp and mould growth
2 Excess cold
3 Excess heat
- Pollutants (non-microbial)
4 Asbestos and MMF
5 Biocides
6 Carbon monoxide and fuel combustion products (nitrogen dioxide, sulphur dioxide and smoke)
7 Lead
8 Radiation
9 Uncombusted fuel gas
10 Volatile organic compounds (VOCs)
Psychological Requirements - HHSRS Group 2 Hazards
The psychological requirements hazards concern:
- Space, security, light and noise
11 Crowding and space
12 Entry by intruders
13 Lighting
14 Noise
Protection Against Infection Requirements - HHSRS Group 3 Hazards
The hazards relating to the protection against infection requirements are:
- Hygiene, sanitation and water supply
15 Domestic hygiene, pests and refuse
16 Food safety
17 Personal hygiene, sanitation and drainage
Protection Against Accidents - HHSRS Group 4 Hazards
Under the protection against accidents requirements, the guidance lists:
- Falls
19 Falls associated with baths etc
20 Falling on level surfaces etc
21 Falling on stairs etc
22 Falling between levels
- Electric shocks, fires, burns and scalds
23 Electrical hazards
24 Fire
25 Flames, hot surfaces etc
- Collisions, cuts and strains
26 Collision and entrapment
27 Explosions
28 Position and operability of amenities etc
29 Structural collapse and falling elements
For more information about the description of each hazard profile, with their causes and effects, see:
Appendices in the Housing health and safety rating system (HHSRS): guidance for landlords and property-related professionals - GOV.UK
What Should I Do if I Receive an Improvement Notice?
Landlords and property managers receiving an improvement notice from the local housing authority should take immediate action to understand its content and verify its validity. Sometimes the notice is issued against the wrong person or on the assumption that certain conditions present on the premises at the time of the property inspection have not been remedied.
It’s important to get in contact with the local housing authority and speak to the officer who conducted the property inspection to obtain clarification and guidance regarding the hazards identified, the required remedial actions, and the related timeline.
Any foreseen obstacle or hindrance to carrying out the required works or actions should be declared as soon as possible so that the officer can consider a suspension or variation of the notice.
If the improvement notice is invalid, landlords should appeal to the First-tier Tribunal (Property Chamber) within 21 days from the date the improvement notice has been served.
What Happens if You Fail to Comply with an Improvement Notice?
Non-compliance with an improvement notice without a reasonable excuse is a criminal offence.
It can lead to the local authority taking additional enforcement action, including carrying out the work and seeking reimbursement from the landlord. Furthermore, failure to comply may result in prosecution of the landlord or their management agent and fines of up to £30,000 per offence.
Rent Repayment Orders and Banning Orders
Landlords and agents who commit an offence by failing to comply with an improvement order could also be subject to a rent repayment order or a banning order.
A rent repayment order is a Tribunal order requiring a landlord to repay a specified amount of rent to the tenants living in the property while the offence was committed. For more information, see Rent repayment orders under the Housing and Planning Act 2016.
A banning order can be made against a landlord or their agent to prohibit them from letting out accommodation and engaging in management work for at least 12 months. For more information, see Banning orders for landlords and property agents under the Housing and Planning Act 2016.
Rogue Landlord Database
The database of rogue landlords and property agents is a publicly searchable online register that contains the details of individuals and organisations convicted of certain housing-related offences called banning order offences, including receiving a banning order and failure to comply with an improvement notice.
A local housing authority has a duty to enter the details of every landlord and property agent who has received a banning order and has the discretion to enter the details of landlords and agents who have been convicted of a banning order offence or have received 2 or more civil penalties within a 12-month period. The full list of the banning order offences can be found in the Housing and Planning Act 2016 (Banning Order Offences) Regulations 2018.
For more information, see Database of rogue landlords and property agents under the Housing and Planning Act 2016.
Section 21 Notices
If the improvement notice was served on a landlord of an assured shorthold tenancy as a result of a complaint about the property conditions of a tenant, the landlord cannot use the Section 21 notice eviction procedure.
How We Can Help
It is crucial that landlords and management agents fully understand and duly discharge all their legal responsibilities regarding the conditions of the dwelling and the adjacent common parts when managing residential accommodation. Staying up-to-date with law and regulations, and ensuring their properties are in a good state of repair and free from housing-related hazards to health and safety at all times, is imperative if they want to avoid serious consequences.
Seeking professional advice on local authorities’ enforcement actions and the validity of improvement notices can make the difference between committing an offence and risking being banned from operating in the residential rented sector, and successfully appealing to a Tribunal and maintaining a reputable name and business.
Instructing an experienced Landlord and Tenant Law Practitioner will guarantee compliance with relevant legislation and prevent costly and irreversible mistakes. It will avoid breaching the duty of care that landlords owe to their tenants and licences under the Housing Act 2004 and will provide clarity about the Housing Health & Safety Rating System (HHSRS) and related landlords’ rights and responsibilities against local authorities’ powers and duties.
As experts in residential property law, we can provide expert legal advice and representation on any matter concerning housing conditions, improvement notices and other enforcement actions by local housing authorities. We can help negotiate better outcomes and solutions, appeal enforcement decisions, and request reconsideration, suspension or variation of sanctions. We can advise on the licensing conditions of HMOs and every aspect of managing privately rented properties located in areas subject to a selective licensing regime. Contact us on 0330 173 6983 or send us an email for more information.
