Housing Law and Practice - Housing Interventions: HHSRS & Enforcement Options

Aims & Objectives

  • Ensure students are aware of enforcement options post HHSRS assessment.
  • Understand the legislative framework for these options.
  • Determine appropriate courses of action.
  • Appreciate powers and responsibilities under the Housing Act 2004.
  • Understand the role of the Residential Property Tribunal (RPT).

Overview of Housing Act 2004

  • Section 3: Local Authorities (LAs) must monitor housing conditions.
  • Relevant areas include:
    • HHSRS (Part 1)
    • HMO Licensing (Part 2)
    • Selective Licensing (Part 3)
    • Management Orders (Part 4)
    • Other issues: Demolition, Clearance, Renewal Areas, Assistance.

Enforcement Guidance

  • Enforcement Guidance: Housing Act 2004 Section 9 supersedes earlier circulars.
  • Guidance includes:
    • HHSRS Operating Guidance
    • Worked examples of HHSRS
    • Local Government Regulation (LACORS)
    • Enforcement Concordat

Enforcement Policy

  • Based on Government’s Enforcement Concordat.
  • Goals:
    • Secure effective compliance with legislation.
    • Minimize burdens on the Council and stakeholders.
  • Principles include:
    • Consistency: Similar issues treated alike.
    • Fairness: Fair and impartial enforcement.
    • Transparency: Enforcement actions easily understood.
    • Objectivity: Decisions unbiased by personal characteristics.

Inspections

  • Inspector Responsibilities:
    • Identify hazards via HHSRS.
    • Maintain accurate records.
    • Adhere to policy and guidelines.
    • Determine appropriate legislation for addressing issues.

Considerations After HHSRS Inspection

  • Assess whether other legislative actions (e.g., Section 80 EPA, Section 59 Building Act 1984) would be more appropriate.
  • Determine if other services or organizations should handle identified issues.

Hazard Assessment Post-Inspection

  1. Determine hazard score(s).
  2. Establish Duty (Category 1) or Power (Category 2) of authority to act.
  3. Assess if there is an imminent risk of serious harm.
  4. Consider various factors: current occupancy, frequency of change, occupants' views, etc.
  5. Consult appropriate bodies (e.g., Fire Authority for fire hazards).
  6. Decide on proportionate actions based on hazard severity.

Enforcement Options Overview

  • Options include:
    • Improvement Notice:
    • Section 11 (Cat 1).
    • Section 12 (Cat 2).
    • Prohibition Order:
    • Section 20 (Cat 1).
    • Section 21 (Cat 2).
    • Hazard Awareness Notice:
    • Section 28 (Cat 1).
    • Section 29 (Cat 2).
    • Emergency Remedial Action:
    • Section 40 (Cat 1).
    • Emergency Prohibition Order:
    • Section 43 (Cat 1).
    • Continued actions available under Housing Act 1985.

Improvement Notices

  • Improvements Notifications:
    • Section 11: To remove Cat 1 hazards.
    • Section 12: To manage Cat 2 hazards.
    • Served to person in control with copies to others.
    • Must include a statement of reasons detailing: hazards, deficiencies, and work schedule.
    • Timeframes specified for work completion.
  • Appeals:
    • Within 21 days post-issue against contents.
    • Within 28 days against a refusal to modify/revoke.
    • Non-compliance can lead to prosecution or civil penalties.

Prohibition Orders

  • Must state any action for possible revocation.
  • Order effective after 28 days.
  • Appeals:
    • Within 28 days against contents.
    • Similar timelines for decisions to modify/revoke.

Hazard Awareness Notices (HAN)

  • Specifications:
    • Section 28 (Cat 1) and Section 29 (Cat 2).
    • General requirements include notification of the hazards and action schedule without enforceability timelines or appeal rights.
    • Can still lead to other enforcement actions if hazards persist.

Emergency Actions

  • Emergency Remedial Action (Section 40): Immediate action on Category 1 hazards posing imminent harm risk.

    • Notice required post-action.
    • Appeals:
    • Within 28 days, action not suspended.

  • Emergency Prohibition Order (Section 43): Immediate effect, addressing serious risk hazards.

    • Must have accompanying reasons and notice requirements.
    • Appeals:
    • Same timeframes as previous.

Statement of Reasons

  • Required under Section 8 with required detailed justifications for actions taken, addressing why this course of action supersedes others.

Important Points

  • Multiple actions cannot target the same hazard simultaneously.
  • Subsequent actions possible if initial efforts fail.
  • Topic specific information for handling Category 2 hazards and their representation in notices.

Powers of Entry

  • Section 239 authorizes entry for inspections; advance notice of 24 hours required for inspection purposes.
  • Section 240 allows for warrant application if entry is refused under certain conditions.

Default Actions

  • Powers available for Improvement Notices and Prohibition Orders allow for court orders if access is denied.

Category 2 Hazards Action

  • Action typically expects categorized notices based on their hazard intensity.
  • Compliance situations and consequences for non-compliance, including succession considerations.

Houses in Multiple Occupation (HMOs)

  • Special actions required when fire hazards are present.
  • Clarification on HHSRS not being part of licensing criteria.