Contacting Environmental Health

Local Authority Assistance for Repairs - Housing Health and Safety Rating System Applicable to England

In cases where your landlord has neglected to carry out necessary repairs to the property, the local authority or council has the power to intervene and compel them to address the issue. This is possible when a hazard poses a threat to your health or safety, as determined by an evaluation under the Housing Health and Safety Rating System.

This blog outlines the Housing Health and Safety Rating System (HHSRS) and the responsibilities of the local authority in accordance with the system.

We detail how you can contact environmental health and what the appropriate enforcement action could be including emergency remedial action.

Understanding the Housing Health and Safety Rating System (hhsrs)

The HHSRS serves as a method for local authorities to evaluate property conditions. Local council authorities are obligated and authorised to address properties exhibiting specific hazards, as defined by the HHSRS. In some instances, disrepair and other issues in your home may be considered hazards.

Defining Hazards to Environmental Health Officer

A hazard refers to any threat to your physical or mental health, or safety, resulting from a problem within your home. This may be due to the property's construction or unaddressed repairs. These could cause serious harm and lead to a criminal offence.

Examples of serious hazards include:

1. Fire risks - such as unsafe cladding, defective electrical equipment, or an absence of fire alarms
2. Dampness or mould growth
3. Extreme cold or heat hazards
4. Asbestos or hazardous gases - e.g., carbon monoxide from malfunctioning gas boilers
5. Overcrowding
6. Security issues - e.g., faulty locks or inadequate burglar alarms
7. Excessive noise or insufficient lighting
8. Infection risks - e.g., from pests, contaminated water supply, or problematic drains
9. Accident risks - e.g., from tripping or falling, electrical hazards, or collapsing building components

Who Can the Local Authority Assist Under This System?

The local council authority is most effective in aiding tenants in private rented properties and housing association tenants. Council tenants must explore alternative solutions, as a local authority cannot take action against itself.

In certain situations, a private landlord might choose to evict a tenant instead of performing necessary repairs. Ensure that you understand your eviction risk before seeking assistance from the local authority.

Reaching Out to the Local Authority for an Inspection

If you have reported necessary repairs to your landlord and received no response, consider contacting your local authority. Inform them of the repair issue and why it poses a risk to your health and safety.

Typically, the Environmental Health department handles inspections under the HHSRS. If they determine a property check is warranted, they are obligated to conduct one.

The HHSRS is applicable to all residential accommodations, including standard homes, houses in multiple occupation (HMOs), and shared areas of buildings with one or more flats.

If you wish to keep your complaint confidential from your landlord, you can request the local authority to do so. Since local authorities must continually review housing conditions in their jurisdiction, they can inform your landlord that an inspection is being conducted on that basis.

In situations where a H&S risk is present, your landlord cannot deny access to an environmental health officer (EHO). Refusing access is considered a criminal offense.

There is no charge for conducting a property check.

During an Inspection: What to Expect

An EHO will examine your residence and document any issues they discover.

For tenants in high-rise buildings, the EHO should also assess other components of the structure, such as the external cladding and communal areas, like corridors and stairwells.

The officer will determine if any hazards are present, using government-issued guidelines to conduct their inspection and also take any emergency action.

Local Authority's Obligation to Respond

Hazards are classified based on their severity. Under the HHSRS inspection, a hazard receives a score and is categorised as either category 1 or category 2. Category 1 contains the most severe and dangerous hazards, while category 2 includes less dangerous ones.

When a category 1 hazard is identified, the local authority is required to take action against your landlord to address the issue.

In cases of category 2 hazards, the local authority has the discretion to take action.

Local Council Authority Actions: What Can Be Done?

The local authority has several options for addressing inadequate housing conditions, such as:

1. Issuing a serious hazard awareness notice – this informs your landlord of a hazard in your home but doesn't mandate any specific actions.
2. Serving an improvement notice – this compels your landlord to complete certain work by a specified deadline.
3. Making a prohibition order – this restricts the use of part or all of a building until necessary work is completed.
4. Implementing emergency measures – this involves urgent action to eliminate a serious risk or an order halting the use of a building until work is performed.
5. Making a demolition order – this requires a building to be demolished due to its poor state of repair.
6. Declaring a clearance area – this designation is for areas where all buildings are deemed hazardous and must be demolished.

The local authority is responsible for determining the appropriate course of action, taking into consideration:

a. The risk to your H&S and that of your cohabitants, b. The vulnerability of you or your cohabitants, c. Your opinions and those of anyone supporting you, such as social services.

The local authority must also provide a statement of reasons for its decision, accompanying each notice or order served.

If you are dissatisfied with the local authority's chosen course of action, you may need to seek additional advice.

Consequences for Landlords Who Fail to Complete the Work

In certain situations, landlords who do not perform the required work may face prosecution and fines. The local authority might also have the ability to complete the work and recover the costs from the landlords.

If your landlord is prosecuted and found guilty, the local authority could potentially seek a banning order against them, which would prevent them from renting or managing properties. Especially where there have been serious hazards.

In the event of a banning order, there is a possibility that your landlord may attempt to evict you regardless of it being Council, Social or Private rented.

Applying for a Rent Repayment Order (England Only)

In England, if a landlord fails to comply with an improvement notice or prohibition order, a tenant (including a former tenant, licensee, or anyone liable for rent payment) or the local authority can apply for a rent repayment order. This could result in the recovery of up to 12 months' rent.

A tenant or local authority must submit a rent repayment order application to the First-tier Tribunal (Property Chamber).

The tenant or local council authority has 12 months from the deadline for the landlord to comply with the improvement notice or prohibition order. They can only apply for rent covering the period when the landlord committed the offence.

A occupant can only reclaim rent not covered by housing benefit or universal credit. They must provide the reason for the application, evidence of the landlord's misconduct, the date of the offence and any conviction, and proof of rent payment.

If the landlord hasn't been convicted of the offence, the tribunal must be satisfied 'beyond reasonable doubt' by the evidence.

A rent repayment order should not impact a tenant's housing status – rent payments will still be required, especially in private rented property.

Enforcing a rent repayment order may prompt a landlord to attempt eviction. It is crucial to determine your housing status before seeking advice. You might need specialised housing guidance.