Housing Health & Safety Rating System (HHSRS) Assessment
The HHSRS approach is based on a risk assessment of the various hazard bands within the property, as opposed to the former 'fitness standard'; which prescribed certain conditions to be met (s.604 Housing Act 1985).
Using various sources of references and logarithmic calculations, the HHSRS risk scores are generated to identify Category 1 and Category 2 Hazards. The Local Authority use HHSRS Assessments to calculate such risks, and to enforce standards. Various Enforcement Notices may be served for failure to act.
More recently, the Homes (Fitness for Human Habitation) Act 2018 came into force in March 2019. The statutory provision seeks to strengthen a tenant's rights of redress where Landlords fail to discharge their legal obligations to keep the property safe. The Act outlines the following areas of application, where:
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• the building has been neglected and is in a bad condition
• the building is unstable
• there’s a serious problem with damp
• it has an unsafe layout
• there’s not enough natural light
• there’s not enough ventilation
• there is a problem with the supply of hot and cold water
• there are problems with the drainage or the lavatories
• it’s difficult to prepare and cook food or wash up
• or any of the 29 hazards set out in the Housing Health and Safety (England) Regulations 2005
Interestingly, it is noted the 2018 provisions are broadly similar to the old 'fitness'standard at s.604 of the Housing Act 1985. Whilst local authority officers will not be enforcing under the 2018 Act, they are under a duty to investigate and act under the Housing Act 2004 and the HHSRS. This means they will investigate such complaints, will undertake HHSRS Assessments, and will serve Improvement and or other Enforcement Notices where necessary.
Our competent HHSRS Assessments will help you make an informed decision about the hazards in the home and the level of risk associated with them. Any claim you make against your Landlord for the areas of concern detailed in the 2018 Act, or, any defence of such claims you make as Landlord, may be best achieved through competent HHSRS Assessment evidence; which we can provide.
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