Local authority help with disrepair - Housing Health and Safety Rating System
If your landlord has failed to do repair work, the local authority may be able to force them to take action. The local authority can do this if something causes a risk to your health or safety following an assessment under the Housing Health and Safety Rating System.
This page explains what the Housing Health and Safety Rating System (HHSRS) is and what the local authority's duties are under it.
What is the Housing Health and Safety Rating System?
The HHSRS is a system that local authorities use to assess housing conditions. Local authorities have duties and powers to take action to deal with properties that have certain hazards. These hazards are set out in the HHSRS. In some cases, disrepair and other things in your home could amount to a hazard.
What is a hazard?
A hazard is any risk of harm to your health or safety because of a problem in your home, for example, because of how the property was built or because of repairs that haven't been done.
Health includes your physical and mental health.
Examples of hazards could include:
- damp and mould growth
- excess cold or heat
- problems with asbestos, carbon dioxide or other dangerous gases
- problems in keeping a property secure
- excessive noise
- inadequate natural or artificial light
- protection against infection, for example, pests, quality of the water supply, sanitation and drainage facilities
- protection against accidents, for example, risk of a fall, injury because of a defective electricity supply, meter, fuse, wiring, socket or switch, fire or structural collapse.
Which tenants can the local authority help under this system?
The local authority can best help tenants in private rented accommodation and housing association tenants. Local authority tenants have to use other options because a local authority can’t take action against itself.
In some cases, a private landlord may decide to evict a tenant rather than do repair work. Make sure you know whether you're at risk of eviction before asking the local authority for help.
- More about other options for local authority tenants
- More about private tenants and the risk of eviction
Contacting the local authority about an inspection
If you've reported repairs to your landlord and they haven't done anything, you could contact the local authority. Except in urgent cases, it's best to send a letter giving information about the repair problem and why you think there's a risk to your health and safety.
It's usually the Environmental Health department that deals with inspections under the HHSRS. If they think that an inspection would be appropriate, they must carry one out.
The HHSRS applies to all residential accommodation. That includes ordinary homes, houses in multiple occupation (HMOs) and common parts of buildings which have one or more flats.
If you'd prefer your landlord not to know that you contacted the local authority, you can ask them to keep your complaint confidential. Local authorities have duties to keep the housing conditions in their area under review, so they could tell your landlord that they're carrying out an inspection on this basis.
In cases where there may be a risk to your health and safety, your landlord can't refuse access to an Environmental Health Officer (EHO). It's a criminal offence if they do refuse access.
You don't have to pay for an inspection to be carried out.
A letter is available for you to contact the local authority which you can adapt according to your circumstances.
- Letter from a private rented tenant to the local authority about disrepair
- Letter from a social housing tenant to the local authority about disrepair
What happens during an inspection?
An EHO will inspect your home and record any problems. The officer will work out if anything is a hazard. Inspectors use guidance produced by the government when carrying out inspections. A copy of the guidance is available on the GOV.UK website.
- HHSRS operating guidance at www.gov.uk
The local authority's responsibility to act
Hazards are rated according to how serious they are. Depending on the score given under the HHSRS inspection, a hazard will be described as either a Category 1 hazard or a Category 2 hazard. The highest risks and most dangerous hazards are in Category 1. Less dangerous hazards are in Category 2.
If there's a Category 1 hazard, the local authority has a duty to take action against your landlord to try to resolve the problem. If there's a Category 2 hazard, the local authority has a power to take action.
What can the local authority do?
The local authority can deal with poor housing conditions in several different ways. These include:
- serving a hazard awareness notice – this tells your landlord about a hazard in your home, but doesn't require them to do anything specific
- serving an improvement notice – this requires your landlord to do certain work by a specific time
- making a prohibition order – this stops the use of part or all of a building until work is done
- taking emergency measures – this is emergency action taken to remove a risk of serious harm or an order that stops the use of a building until work is done
- making a demolition order – this is an order to demolish a building because it is in such a bad state of repair
- declaring a clearance area – this is where all buildings in an area are dangerous and need to be demolished.
It's up to the local authority to decide which course of action to take. It will take into account:
- the nature of the risk to your health and safety and anyone who lives with you,
- if you or anyone you live with is vulnerable,
- your views and the views of anyone who supports you, for example, social services.
The local authority must provide a statement of reasons for its decision along with each copy of the notice or order that is served.
If you're not satisfied with the course of action the local authority decides to take, you may need some advice.
- More about the notices and orders the local authority can make for private rented tenants
- More about the notices and orders the local authority can make for social housing tenants
- More about getting advice
What happens if the landlord doesn't do the work?
In some cases, if your landlord doesn't do the required work, they can be prosecuted and fined. The local authority may also be able to do the work and charge the cost back to your landlord.
In England, local authorities can impose a civil penalty of up to £30,000 instead of prosecuting if the landlord has ignored:
- an improvement notice
- a prohibition order
In England, the local authority must consider government guidance called Civil penalties under the Housing and Planning Act 2016 Guidance for Local Housing Authorities when issuing a penalty.
In England, landlords and agents who get a penalty can appeal to the First-tier Tribunal (Property Chamber) in England.
Complaining about the local authority
You may want to complain about the local authority if you don’t think it has acted properly. For example, if it refuses to carry out an inspection or is slow to carry one out.
- More about complaining about the local authority if you are a private rented tenant
- More about complaining about the local authority if you are a social housing tenant