Local councils use a points-based rating system known as the “The Housing Health and Safety Rating System” to assess any defects at a property. Hazards are separated into categories depending on how serious they are. This system also considers the extra risk to the young and elderly.
Hazards which are the most dangerous and pose the most potential threat to health or safety are labelled as category 1. If the property displays any examples of a category 1 hazard, the local council is obliged to take action. Here are some examples of category 1 hazards:
- Leaking roof
- Mould on the walls or ceilings
- Rats, pest or vermin infestations
- Broken steps at the top of a flight of stairs
- Exposed wiring or overloaded electrical sockets
- A dangerous or broken boiler
- Excessively cold bedrooms
- Poor security (as a result of lock problems or badly fitting doors, etc.)
If the hazard is not assessed to be serious, then councils may in the first instance issue a “hazard awareness notice”. This is an advisory notice alerting the owner of the property to the existence of category 1 and 2 hazards. The notice does not compel the landlord to undertake the works, but may be the first step in enforcement.
For more serious category 1 hazards local authorities may skip this step and issue an improvement notice straight away. An improvement notice requires that the hazards be removed or minimised within a set time - generally 28 days.
A landlord will not be able to rely on a Section 21 notice within 6 months of receipt of an improvement notice from the council.
If a hazard is specific to a child or elderly person, but no children or elderly people occupy the property, the council could decide to suspend the notice until such time as a child or elderly person moves in.
If a notice is not complied with within the time allowed, then the landlord could face prosecution for non-compliance. The local authority may alternatively carry out the work itself and claim the cost back from the landlord.
In limited circumstances a landlord may be able to appeal the improvement notice.
Emergency measures
Local authorities may take emergency action in the form of either undertaking the works themselves, via what is known as an “emergency remedial action notice”, or making an emergency prohibition order which prohibits the use of a property or a part of the property. This will typically happen when there is:
- a Category 1 hazard
- an imminent risk of serious harm to health or safety to any of the occupiers, and
- where there is no management order in force
Appealing an improvement notice
Landlords are able to appeal an improvement notice within 21 days of receipt of the notice. Any appeal will be heard by the First-Tier Tribunal (Property Chamber - Residential Property).
The main grounds for appeal are likely to be that:
- someone else is responsible for carrying out the work
- the works required in the notice are excessive and alternative works should be considered
- the defect referred to in the notice does not amount to a hazard
You should seek independent legal advice before considering an appeal.
Information on this site is by way of general guidance only and may not apply in your particular circumstances. You should not act or refrain from acting upon information on this site without seeking independent legal advice.