Is your rental property fit for habitation? 21 Jan 2019
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:
Psychological hazards
A psychological hazard is any hazard that affects the mental well-being or mental health of the tenant by overwhelming the individual coping mechanisms and impacting the tenant’s ability to live in a healthy and safe manner.
Crowding and space
Entry by intruders
Lighting
Noise
Physiological hazards
Physiological hazards are threats to health from things which the landlord should rectify, eg. house dust mites and mould or fungal spores resulting from dampness or high humidity.
Damp and mould growth
Excess cold
Excess heat
Asbestos and manufactured mineral fibre
Biocides
Carbon monoxide and fuel combustion products
Lead
Radiation
Uncombusted fuel gas
Volatile organic compounds
Infectious hazards
This is concerned with protection against infection, including hazards resulting from poor design/layout/construction of the property so that it is difficult to be kept clean and hygienic; access into the property for pests; or inadequate and unhygienic provision for storage and disposal of household waste. Health effects can include gastrointestinal disease (from spread of infection), asthma and other allergic reactions (from allergens), stress (because of difficulties in keeping the home clean and from accumulations of refuse) food spoilage from insect infestation (e.g. cockroaches), infections (spread by insects and rats and mice) and nuisance.
Domestic hygiene, pests and refuse
Food safety
Personal hygiene, sanitation and drainage
Water supply for domestic purpose
Hazards which cause accidents
This is self-explanatory but is a huge issue. This hazard includes any fall associated with bath/shower/similar facility, whether that fall is on the same level or from one level to another. It includes falls on any level surface such as floors/yards/paths, also trip steps/thresholds/ramps where the change in level is less than 300mm. It covers any fall associated with a change in level greater than 300mm or falls between two levels within and outside a dwelling or building where the change in level is more than 300mm. Falls on stairs account for around 25% of all home falls (fatal and non-fatal).