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Standards and action

Housing Standards

Substandard housing can pose a serious threat to our health, safety or welfare. A whole series of laid-down standards exist to protect us against poor quality housing. Some of these are laid down in national law; others are locally-defined. Here are the main housing standards currently existing or proposed: -

Overcrowding and space standards

Dwellings may be overcrowded because too many people have to live in accommodation which is too small or has insufficient facilities (toilets, baths, kitchens). The laws covering overcrowding are complex and can be found in the Housing Act 1985 (s 324-326 and 358-364). If you or someone you know live in accommodation you think is overcrowded, contact your local private sector housing team.

The Government replaced the fitness standard with the: -

Housing Health and Safety Rating System (HHSRS)

The Housing Act 2004

The Housing Act 2004 (and guidance issued by the Department for Communities and Local Government) (DCLG) requires that all homes must be healthy and safe.  This is assessed by the Housing Health and Safety Rating System (HHSRS).  It applies to all housing whether rented or owner occupied, family homes or houses in multiple occupation.

There are other requirements in addition to the HHSRS.  Some of these are discussed later.

Housing Health and Safety Rating System (HHSRS)

The system has been developed to assess all the 29 hazards that may be present in the home.  These hazards can adversely affect the health and safety of occupiers and any visitors.

When major (category 1) hazards are identified the council has a duty to decide on the most satisfactory course of action.  In most cases this will be that the owner removes or reduces the risk.  Usually this will be by improvement, but in some cases it may be restricting the occupancy of all or part of the house or even demolition.

For lesser (category 2) hazards the Council may choose to take action.

The Council has approved a Private Sector Housing Enforcement Policy; decisions will be taken in accordance with it.

How does it work?

When applying the HHSRS all problems (deficiencies) are identified and their health and safety effects considered.  These effects can include any `negative outcome’ (ranging from a minor illness to death) that is likely to occur in the next year.  We will produce a score for the hazard; this reflects both the likelihood and seriousness of the outcome.  Each hazard is assessed independently; there is no overall score for the property.  The higher the score the more serious the threat to health, safety and wellbeing of occupiers (or visitors), and the more likely that action will need to be taken.  A score of 1000 or more is a category 1 hazard.

The assessment is based upon government guidance and worked examples.  Further information on this is available from the DCLG website at www.communities.gov.uk

How is this different from the old `fitness standard’?

The noticeable differences from the old system to the new are as follows:

It targets those housing deficiencies that have a real impact on people’s health

Health and Safety issues are now considered (for example, trips and falls).

Heating is required to be adequate (instead of the previous standard of a fixed heater in a main habitable room.  40,000 people die from cold every year, and the inability to efficiently heat their homes is a major contribution to this death toll,

Fire safety applies to all housing.

Radon, asbestos, security and other matters are now included.

The 29 hazards are as follows:

Damp and Mould Growth

Excess Cold

Excess Heat

Asbestos (and Man Made Fibres)

Biocides (for example insecticides)

Carbon Monoxide and Fuel Combustion Products

Lead

Radiation

Uncombusted Fuel Gas

Volatile Organic Compounds

Crowding and Space

Entry by Intruders

Lighting

Noise

Domestic  Hygiene, Pests and Refuse

Food Safety

Personal Hygiene, Sanitation and Drainage

Water Supply for Domestic Purposes

Falls Associated with Baths, etc.

Falls on the Level

Falls Associated with Stairs and Steps

Falls between Levels

Electrical Hazards

Fire

Flames, Hot Surfaces, etc.

Collision and Entrapment

Explosions

Position and Operability of Amenities etc. (ease of use of facilities)

Structural Collapse and Falling Elements

It is not possible to give full details of all the 29 hazards but the following gives some information on the more common hazards:

Excess Cold

Heating should be controllable by the occupants and capable of heating the whole of the dwelling adequately and efficiently

Structural thermal insulation should be provided

In practice, a standard equivalent to that of gas central heating and 50mm of loft insulation will be a minimum, and in many cases a higher standard may be needed.

Damp and Mould

The structure and finishes of a dwelling should be maintained free from rising and penetrating dampness or persistent condensation.  The presence of mould is serious because of its significant health effects.

There should be sufficient and appropriate means of ventilation to deal with moisture generated by normal domestic activities together with adequate heating and insulation.

Electrical Hazards

Electrical installations must be safe.  Live parts must be insulated, adequate earthing provided etc.

There should be adequate sockets to prevent overloading.

A Residual Current Device (RCD) protection is usually required.

Fire

Heating should be adequate and safely positioned to minimise the use of portable heaters.  Cookers should be properly sited.  The electrical wiring should be safe.

There should be adequate warning of a fire (fire alarm) and suitable means of escape especially from upper storeys.

In HMO’s and buildings occupied as flats there may need to be a higher standard of fire alarm and a `protected route’ to provide fire separation and an escape route for each occupancy.

Falls

Internal and external stairs must be safe.  Risers and treads must be even and of an appropriate size.  There must be adequate guarding, handrails and lighting.  Stair coverings must be in good condition, (not loose, worn or ripped).  Width of staircase and winders will also be considered.

Tripping hazards must be minimised.  Examples include threshold steps, uneven or slippery floors and external surfaces.

Window sill heights and window types must reduce the risk of falls.

There must be adequate guarding to internal and external drops, for example flat roofs, light-wells and landings.

Bathrooms must have adequate space, lighting, and fitting must be secure and positioned to reduce the likelihood of an accident and the extent of any injury.

Other factors affecting the severity of injuries incurred must be considered, including space and surfaces at the foot of the stairs.

Decency standard

The decency standard is a minimum “non statutory” standard set by the Government. Councils have the target of ensuring that 70 per cent of private sector vulnerable households live in decent homes by 2010.

The four criteria the property must meet to be `decent’ are:

• There are no category 1 hazards under HHSRS
• It is in a reasonable state of repair
• It has reasonably modem facilities and services
• It provides a reasonable degree of thermal comfort

Vulnerable households have been defined for the purposes of decency as those in receipt of principle means tested or disability related benefit(s).

For further information on the Decency Standard contact the Private Rented Team.

Although Decency is not a statutory standard, parts of it may be enforced under housing law.  Achieving decency is a Council objective and we will attempt to do this wherever possible.

Houses in Multiple Occupation

There are additional requirements for houses in multiple occupation (HMOs), including shared houses, bedsits and some properties occupied as flats.  These are the management regulations and HMO licensing.

All the Devon District Councils have adopted standards relating to fire safety, amenities and occupancy levels in HMOs. Councils expect landlords to provide accommodation in line with these standards. When they come across HMOs that fall below their local standards they look to landlords to upgrade as required.

More detail can be found in our other leaflets and by contacting the Private Rented Team.

Repairing obligations

The Landlord and Tenant Act 1985

This makes it an implied term of every tenancy that the landlord will `keep in repair the structure and exterior’ of the property and `keep in repair and proper working order the installations’ for the supply of water, gas and electricity, and for sanitation, space heating and heating water.  The landlord cannot make the tenant responsible for these repairs.  Where a landlord is in breach of these obligations the tenant may be able to sue for damages.

The Defective Premises Act 1972

This imposes obligations on a landlord to take positive steps to inspect their properties and check for reasonably foreseeable defects.  The landlord can be liable for personal injury and damage caused by disrepair even though he/she did not have notice of it or know of it.

The Environmental Protection Act 1990

This legislation can be used by tenants and/or the council to obtain improvements to housing which is “prejudicial to health”.

Gas and electrical safety

The Gas Safety (Installation and Use) Regulations 1998

Defective gas appliances and installations are responsible for about 30 deaths and 300 non fatal incidents every year.

These regulations require that all gas flues, fittings and appliances are maintained in a safe condition.  A safety check must be carried out at least every 12 months by a competent CORGI registered contractor.

A copy of the valid test certificate must be issued to the tenant within 28 days of the check being complete and to all new tenants before they move in.

The Health and Safety Executive (HSE) have a help line for advice and their own advice literature.

The HSE Gas Safety Advice Line number is 0800 300 363.

Electrical Installations

A landlord has a duty of care to ensure that the electrical installation is safe and in good working order.  It is recommended that a qualified electrician (NICEIC registered preferably) checks the electrical wiring on a regular basis.  In single family homes there is no prescriptive time scale for inspections, however in HMOs inspections should be carried out at least every 5 years.  Your contractor should recommend a reinspection interval as part of his report.  The safety certificate will remain valid until that date unless alterations occur or damage arises.

Electrical Equipment

Where this is provided, a landlord has a duty to ensure that they are safe and in proper working order.  To fulfil this duty it is advisable that a suitably qualified contractor tests all such appliances and equipment to ensure that they comply with the Electrical Equipment (Safety) Regulations 1994.

Appliances should be checked before the start of each new let and at regular intervals.  You should retain test reports.  Each appliance should be marked with an identifying sticker, signed and dated by the qualified contractor who carried out the tests.  In HMOs the Council may ask to see these reports.

The Consumer Protection Act 1987 and General Product Safety Regulations 2005 require that all electrical goods, furniture and appliances provided by a landlord satisfy general safety provisions.

There is a general requirement that any other items that you may provide in the property, such as bunk beds, high chairs, mowers or step ladders are safe.  You are advised to check all items at regular intervals.

Furniture and Furnishings (Fire) (Safety) Regulations 1988

All furniture and furnishing supplied by the landlord must comply with these fire safety requirements.  This applies to both new and second hand furniture.

The regulations cover upholstered seating (including chairs, settees, and sofa beds and headboards), children’s furniture, mattresses and padded bed bases, scatter cushions and pillows.  All such furniture must be labelled.

For further advice on any of these standards, please contact the private sector housing team in the Council Environmental Health Department.

Page last updated on 25 May 2012