Private rented property standards guidance

Government introduced the Housing Health and Safety Rating System (HHSRS) within the Housing Act 2004 (opens new window) as a method by which individual dwellings are inspected and assessed. The underlying principle of the HHSRS is that any residential premises should provide a safe and healthy environment for any potential occupier or visitor. Therefore, to satisfy this basic principle, a dwelling should be designed, constructed, and maintained with non- hazardous materials and should be free from both unnecessary and avoidable hazards.

Visit https://www.gov.uk/government/publications/housing-health-and-safety-rating-system-guidance-for-landlords-and-property-related-professionals (opens new window) for further guidance for landlords on HHSRS.

The inspecting officer will conduct a HHSRS inspection with the aim to identify all the deficiencies within the dwelling. A deficiency is the failure of a particular element to meet the ideal or optimum standard as best to prevent or minimise a hazard. Such a failure could be inherent, due to the original design, construction, or manufacture, or it could be a result of deterioration, disrepair or a lack of repair or maintenance. 

Once the deficiencies within a dwelling have been identified they are then related to a wide range of hazards where a health and safety risk calculation is made. The calculation will be based on the risk to the most vulnerable potential occupant of that dwelling, whether or not the most vulnerable occupant is resident in the premises at the time of the inspection. Likely visitors over a 12-month period are also taken into consideration. The calculation will result in a numerical score for the hazard. That score will determine the band into which the hazard will fall. 

The regulations prescribe those hazards falling within bands A to C, are Category 1 Hazards, while those within bands D to J are Category 2 Hazards. The HHSRS relates poor housing conditions to the kinds of harm attributable to such conditions - it does not try to assess a specific health outcome in relation to the current occupant. 

The general principle of the Housing Act 2004 (opens new window) is to drive up housing standards and not to derogate back to past standards. The Act places a duty on every local authority to take action to remove or lessen a Category 1 Hazard once identified, using a range of powers contained in Part 1 of the Housing Act 2004 (opens new window). Gateshead Council will therefore actively seek to have the necessary works carried out within a suitable period to remove or lessen the Category 1 Hazard. 

Hazards falling in the lower bands, D to J are known as Category 2 hazards for which every local authority has discretionary powers to take action to remove or lessen. Gateshead Council will also actively seek to have the necessary works carried out within a suitable period to remove or lessen the Category 2 hazard. 

Category 1 hazards

If a local housing authority consider that a category 1 hazard exists on any residential premises, they must take the appropriate enforcement action in relation to the hazard.

This means that if a Category 1 hazard is identified in your property the council must take action. 

The type of action the council can take for category 1 hazards is outlined in Housing Act 2004 (opens new window) Section 5(2)

(a) serving an improvement notice under section 11.

(b) making a prohibition order under section 20.

(c) serving a hazard awareness notice under section 28.

(d) taking emergency remedial action under section 40.

(e) making an emergency prohibition order under section 43.

(f) making a demolition order under subsection (1) or (2) of section 265 of the Housing Act 1985 (opens new window) (c. 68).

(g) declaring the area in which the premises concerned are situated to be a clearance area by virtue of section 289(2) of that Act.

Category 2 hazards

(1) The provisions mentioned in subsection (2) confer power on a local housing authority to take particular kinds of enforcement action in cases where they consider that a category 2 hazard exists on residential premises.

This means the council have the power to take action however may choose to deal with category 2 hazards in a different manner.

The type of action the council can take for category 2 hazards is outlined in Housing Act 2004 (opens new window) Section 7(2)

(a) section 12 (power to serve an improvement notice),
(b) section 21 (power to make a prohibition order),
(c) section 29 (power to serve a hazard awareness notice),
(d) section 265(3) and (4) of the Housing Act 1985 (power to make a demolition order), and
(e) section 289(2ZB) of that Act (power to make a slum clearance declaration).

On completion of the property inspection the council will determine if your property contains any HHSRS Hazards and what action is necessary to deal with that hazard. Any action taken will be done so in line with the Council Enforcement Policy