On 20th of March 2019 the Fitness for Habitation Bill comes into force to replace the complicated provisions of Part 1 Housing Act 2004.  

Following agreement by both Houses on the text of the Bill, it received it’s ‘Royal Assent’ on 20th of December 2018 and is now a bonafide Act of Parliament.   Basically, the bill was championed by MP Karen Buck (Westminster North) (Lab) in order to give tenants the absolute right to take legal action against Private and Social landlords if a property isn’t up to the standard of the Housing Health and Safety Rating System (HHSRS) for breach of contract.  It has been a much-debated subject and I am sure that all of our landlords will agree, this is something long overdue, and, as Ms Karen Buck stated during the bill’s parliamentary journey:

“Living in a cold, damp or unsafe home is hell. It damages people’s physical and mental wellbeing, erodes the income of the poorest households and impacts on children’s education. The most vulnerable tenants are those most at risk of being trapped in substandard accommodation, and they are often the least able to withstand the damage such conditions do, or to fight their corner unaided.  The emails that flow in from constituents—and, indeed, many others, including the hundreds of people who took part in the parliamentary digital involvement exercise before the Second Reading debate—about bad housing conditions make truly heart-rending reading. I am sure that everyone in this House will have received similar representations.”

Local authorities will now be under a legal duty to take action in the case of sub-standard properties.  If necessary, the local authority may carry out any necessary remedial work themselves and reclaim the costs from the landlord. Local authorities also have the power to make a reasonable charge as a means of recovering certain expenses incurred in taking enforcement action.

So what is the HHSRS?
The Housing Health and Safety Rating System (HHSRS) is a system for assessing the risks to tenants from rental properties which are not of a habitable standard. The system focusses on identifying and tackling the hazards that are most likely to be present in a property to make homes healthier and safer to live in.

The system deals with 29 hazards relating to:

• Dampness, excess cold/heat
• Pollutants e.g. asbestos, carbon monoxide, lead
• Lack of space, security or lighting, or excessive noise
• Poor hygiene, sanitation, water supply
• Accidents – falls, electric shocks, fires, burns, scalds
• Collisions, explosions, structural collapse

Each hazard is assessed separately, and if judged to be ‘serious’, with a ‘high score’, is deemed to be a category 1 hazard. All other hazards are called category 2 hazards.  The best advice for your landlords is to explain the 29 hazards, paying particular attention to the condition of the property and highlight any areas of worry for the landlords/tenants.  For any property you feel at risk (usually older properties), advise that a risk assessment is carried out, which will look at the likelihood of an incident arising from the condition of the property and the likely harmful outcome. If a local authority discovers category 1 hazards in a home, it has a duty to take the most appropriate action, so try to ensure your properties are up to the required standard before they are rented out.

Let’s look at these hazards in more detail: