An Introduction to the Housing Health and Safety Rating System

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An Introduction to the Housing Health and Safety Rating System

In this course, the following programme is followed -

• Introduction and Background

• The Principle Underlying the HHSRS

• Power of Entry

• The 29 Hazards

• Calculating Hazards

• The Enforcement Options

   

  Completion of this course can be counted as two hours continuous professional development for London Landlord Accreditation Scheme or for any other body which accepts our CPD courses.

  1. Introduction and Background

  The Housing Health and Safety Rating System (HHSRS) is the Government’s approach to the evaluation of the potential risks to health and safety from any deficiencies identified in dwellings. The HHSRS, although not in itself a standard, has been introduced as a replacement for the Housing Fitness Standard.

  The HHSRS is founded on the logical evaluation of both the likelihood of an occurrence that could cause harm, and the probable severity of the outcomes of such an occurrence. It relies on the informed professional judgements of both of these to provide a means of representing the severity of any dangers present in a dwelling.

  The HHSRS is concerned with the assessment of hazards and while the HHSRS can be used to judge the effectiveness of remedial action, it cannot determine or suggest that action – that is a matter for judgement depending on the particular circumstances; including the design and construction of the dwelling. The HHSRS is evidence-based. It is supported by extensive reviews of the literature and by detailed analyses of statistical data on the impact of housing conditions on health.

  The assessment using the HHSRS is made based on the condition of the whole dwelling. This means that, before such an assessment can be made, a thorough inspection of the dwelling must be carried out to collect the evidence of the condition. While this does not involve a new approach to the inspection of dwellings, it does require an understanding and appreciation of the potential effects that could result from conditions and deficiencies which should have been identified during the inspection.

  The HHSRS concentrates on threats to health and safety. It is generally not concerned with matters of quality, comfort and convenience. However, in some cases, such matters could also have an impact on a person’s physical or mental health or safety and so can be considered. Also, as the rating system is about the assessment of hazards (the potential effect of conditions), the form of construction and the type and age of the dwelling do not directly affect an assessment. However, these matters will be relevant to determining the cause of any problem and so indicate the nature of any remedial action.

  Any works that might be required under the HHSRS are only required after some notice or order from a local authority. Therefore, even if the HHSRS suggests additional heating may be required in a dwelling, there is no requirement to install extra heating without there first being some notice or order from the local council. That being said, some repair or improvement (including additional heating) might be required under general repairing obligations particularly found under the Landlord and Tenant Act 1985.

  The HHSRS applies to residential dwellings in England or Wales regardless of whether the dwelling is rented or owner-occupied. Although, it is predominantly enforced against landlords of rented accommodation.

  1.1 The Principle Underlying the HHSRS

  The underlying principle of the HHSRS is that –

  Any residential premises should provide a safe and healthy environment for any potential occupier or visitor.

  To satisfy this principle, a dwelling should be designed, constructed and maintained with non-hazardous materials and should be free from both unnecessary and avoidable hazards.

  Some hazards, however, are necessary or unavoidable, and others are considered desirable or expected because the perceived benefits outweigh the risks. For example, electricity is hazardous but considered necessary; stairs (however well designed) are hazardous but necessary in any multi-storey dwelling. For such hazards, the design, construction and maintenance should be such as to reduce to a minimum the probability of an occurrence which could result in harm and of the potential harm that could result.

  It is a general principle that any dwelling should provide adequate protection from all potential hazards prevailing in the local external environment. This includes the normal local weather conditions, ground conditions and pollution (including noise, air and radiation). Where the dwelling is a part of a larger structure, the design, construction and maintenance of that larger structure should provide adequate protection from all potential hazards. As well as potential hazards from the external environment, this includes those prevailing in the internal environment outside the dwelling, including the normal noise pollution.

  This approach acknowledges that all dwellings will contain some hazards, and that the degree to which the underlying HHSRS principle can be satisfied in existing dwellings will vary. The HHSRS provides a means of assessing dwellings which reflects the risk from any hazard, and allows a judgment to be made as to whether that risk, in the particular circumstances, is acceptable or not. For the purposes of the HHSRS, the assessment is solely about the risks to health and safety. The feasibility, cost or extent of any remedial action is irrelevant to the assessment. Some deficiencies, such as a broken stair tread or a leaking pipe may be quickly, easily and cheaply remedied, but while such deficiencies are present, the threat to health or safety can be considerable.

  1.2 Statutory Guidance

  The whole basis of deciding upon hazards and their potential effects on residential occupiers is based around the statutory guidance which accompanies the legislation. The guidance is passed by Parliament and can only be edited by a strict Parliamentary procedure as set out in the Housing Act 2004.

  The guidance is available to view here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/15810/142631.pdf

  As well as an overview about the HHSRS, the statutory guidance contains the following information about each particular hazard:

  Description of the hazard – This defines the hazard, specifying what is included and what is excluded.

  Potential for harm – This sets out how the hazard can affect health, outlining typical illnesses or injuries which may result from exposure to the hazard. The prevalence of the hazard, and typical numbers of people affected nationally each year, are identified.

  The national statistical averages for the likelihood and spread of harms are given in a table, together with the average hazard scores. For all hazards these are the national averages for a specified age group of the population living in all dwellings of a stated age and type.

  The statistical averages have been calculated for the age range of the population most vulnerable to that particular hazard. This age group is identified, and it is this vulnerable age group that is to be considered when assessing the hazard. For some hazards no age group is more vulnerable than others, and for these the statistics relate to the total population of England.

  Causes: – This section discusses potential sources of the hazard. Where multi-occupation could have an impact on the causes and possible severity of the hazard this is also identified.

  It also discusses the contribution to a hazard which could be attributed to dwelling features and to human behaviour. This should assist in assessing whether the deficiencies identified could mean that the likelihood or spread of harms deviates from the averages for the particular age and type of dwelling.

  Preventive measures and the Ideal: – This gives an indication of measures and the optimum standard intended to avoid or minimise the hazard – that is, the optimum current at the time of preparation of the Guidance, (January 2004). This is usually based on British Standards or relevant UK Building Regulation Approved Documents. Where there is no appropriate UK guidance, reference is made to international standards.

  Relevant matters affecting likelihood and harm outcome: – A check-list of dwelling features which may affect the likelihood and the severity of the outcome is given. In many cases the same features can affect both the likelihood and the severity of the outcome. Where different dwelling features affect the likelihood and spread of harm outcomes, the lists are given separately.

  Hazard assessment: – Where appropriate, this gives advice to supplement the relevant matters. Any differences in the assessment relevant to multi-occupied buildings are identified.

  There is also other guidance available:

• Enforcement guidance - https://www.gov.uk/government/publications/housing-health-and-safety-rating-system-enforcement-guidance-housing-conditions

• Inspections - https://www.gov.uk/government/publications/hhsrs-operating-guidance-housing-act–2004-guidance-about-inspections-and-assessment-of-hazards-given-under-section–9

• Guidance for landlords - https://www.gov.uk/government/publications/housing-health-and-safety-rating-system-guidance-for-landlords-and-property-related-professionals

• Reducing risks - https://www.gov.uk/government/publications/reducing-the-risks-the-housing-health-and-safety-rating-system

   

  2. The Hazards

  There are 29 hazards under the HHSRS that a local authority will look out for during an inspection. There are four core categories:

• Physiological Requirements

  • including – Hygrothermal conditions and Pollutants (non-microbial)

• Psychological Requirements

  • including – Space, Security, Light, and Noise

• Protection Against Infection

  • including – Hygiene, Sanitation, and Water supply

• Protection Against Accidents

  • including – Falls, Electric shock, Burns and Scalds, and Building related Collisions

    2.1 Hygrothermal Conditions

    2.1.1 Damp and mould growth

    One of the main hazards that a landlord is likely to see on a notice. This hazard is the threat to health associated with the increased prevalence of house dust mites and mould and fungal growths resulting from dampness and/or high humidity in a dwelling.

    Ideal standard of property to minimise hazard:

• A warm, dry and well ventilated property

• Property free from rising, penetrating and traumatic dampness, mould growth and condensation.

• An indoor relative humidity of between 40% - 60%.

• All water-using facilities such as showers, baths or basins properly installed to prevent or minimise splashing and all properly connected to drainage system.

• Rain water goods and gutters in good repair.

• Mechanical extraction for cooking, bathing and clothes drying.

• Adequate thermal insulation and heating

  2.1.2 Excess cold

  Another one of the main hazards that landlords are likely to face, this hazard is the threat to health associated with sub-optimal indoor temperatures.

  Ideal standard of property to minimise hazard:

• Adequate structural thermal insulation, loft insulation.

• Adequate, efficient and controllable heating, ideally central heating.

• Background ventilation without draughts or heat loss.

• Houses in Multiple Occupation should have controllable heating within each let.

  Heating should be controllable by the occupants, and be safely and properly installed and maintained. It should be appropriate to the design, layout and construction, such that the whole of the dwelling can be adequately and efficiently heated.

  For the purpose of the statistics contained in the guidance, it is assumed that no cold-related deaths occur in dwellings which achieve 18°C hall temperature when the external temperature falls to 5°C.

  A healthy indoor temperature is around 21°C, although cold is not generally perceived until the temperature drops below 18°C. A small risk of adverse health effects begins once the temperature falls below 19°C. Serious health risks occur below 16°C with a substantially increased risk of respiratory and cardiovascular conditions. Below 10°C the risk of hypothermia becomes appreciable, especially for the elderly.

  As a result, if the indoor temperature can reasonably achieve 21 degrees when the outside temperature is 5 degrees, a landlord should ensure the risk from the hazard is reduced satisfactorily.

  It is important to understand that these temperatures must be achieved from cold to warm within a reasonable period and at reasonable cost to the tenant. In most cases gas central heating will be the local authority preferred heating but alternatives might be able to be offered alongside other energy improvement measures such as loft and cavity insulation and double glazing.

  2.1.3 Excess heat

  The threat to health from excessively high indoor air temperatures.

  Ideal standard of property to minimise the hazard:

• Sufficient thermal insulation.

• Shielding from solar gain.

• Adequate ventilation and means of cooling.

• Controllable heating.

  It is perhaps surprising to know that often when a notice is served containing an excess cold hazard, that same notice could contain requirements under excess heat! This is because if you have a room with an exceptionally large single glazed window which doesn’t open, it is likely to lose considerable heat in the winter (excess cold) but in a hot summer that same window without ventilation could create excess heat.

  2.2 Pollutants (non-microbial)

  2.2.1 Asbestos and MMF

  The threat to health from the presence of, and exposure to, asbestos fibres and Manufactured Mineral Fibres (MMF) in dwellings.

  Ideal standard of property to minimise the hazard:

• Total absence of asbestos.

• If asbestos present should be in good condition, sealed in and unlikely to be disturbed.

• MMF’s in good condition.

  2.2.2 Biocides

  The threat to health from those chemicals used to treat timber and mould growth in dwellings (does not include insecticides and rodenticides)

  Ideal standard of property to minimise the hazard:

• Avoid use.

• Prevent dampness and need for use.

• Usage in accordance with instructions.

  2.2.3 Carbon Monoxide and fuel combustion products

  The threat to health from excess levels of carbon monoxide, nitrogen dioxide, sulphur dioxide and smoke from the combustion of gas, oil and solid fuels used for cooking and heating.

  Ideal standard of property to minimise the hazard:

• Correctly maintained and installed gas, oil and solid fuel burning appliances.

• Compliance with Gas Safety Regulations.

• Adequate air for combustion.

• Adequate ventilation.

• Appropriate siting of flue and appliance.

• Flues checked.

• Ventilated lobby if garage integrated into dwelling.

• Appropriately sited carbon monoxide detectors.

  2.2.4 Lead

  The threat to health from the ingestion or inhalation of lead.

  Ideal standard of property to minimise the hazard:

• No lead paint present.

• No lead water pipe.

• Undamaged lead paint, painted over.

• Damaged lead paint removed with suitable precautions.

  2.2.5 Radiation

  The threat to health from radon gas, primarily airborne radon but also from radon dissolved in water.

  Ideal standard of property to minimise the hazard:

• New dwellings should have radon protective measures built in.

• For existing dwellings in radon affected areas remedial measures should be adopted.

• Radon levels below 100 Bq/m3 and should not exceed 200 Bq/m3.

  2.2.6 Un-combusted fuel gas

  The threat to health from asphyxiation resulting from the escape of fuel gas in a dwelling. (Please note that this does not include poisoning by carbon monoxide etc or explosions from gas leakages, these are covered by carbon monoxide and fuel combustion products and explosions, respectively)

  Ideal standard of property to minimise the hazard:

• Use of an Authorised Gas Supplier.

• Standard Gas composition and pressure.

• Appropriate installation to meet the required regulations.

• Regular servicing, safety checks and maintenance.

• LPG – low level ventilation to prevent gas from collecting at floor level.

• Gas detectors depending on the type of fuel

  2.2.7 Volatile Organic Compounds

  The threat to health from Volatile Organic Compounds (VOCs), a group of organic chemicals that includes formaldehyde, that are gaseous at room temperature and found in a variety of materials within the home e.g. chipboard, plywood, paints, solvents, cleaning products and wall and floor coverings.

  Ideal standard of property to minimise the hazard:

• Low emission materials should be used.

• Adequate and appropriate ventilation when using products containing VOCs.

  2.3 Space, Security, Light and Noise

  2.3.1 Crowding and space

  The threat to health associated with lack of space within a dwelling for living, sleeping and normal family or household life.

  Ideal standard of property to minimise the hazard:

• Sufficient space for the separation of household activities.

• Separate bedrooms for adolescents of the opposite sex.

• Shared areas.

• Private areas.

• Play areas.

  2.3.2 Entry by intruders

  The threat to health associated with trying to keep a dwelling secure against unauthorised entry and the maintenance of defensible space.

  Ideal standard of property to minimise the hazard:

• Dwelling capable of being secured against unauthorised entry, e.g. suitably constructed locking doors and  windows, door chains, a burglar alarm etc.

  2.3.3 Lighting

  The threat to physical and mental health associated with inadequate natural and / or artificial light. It includes the psychological effect associated with the lack of any sort of view from the dwelling through glazing.

  Ideal standard of property to minimise the hazard:

• The layout should provide access to sunlight in living rooms, kitchens and recreational areas.

• Sufficient natural light to perform domestic tasks.

• Correct positioning and level of artificial light.

• View of open space from windows.

  2.3.4 Noise

  The threat to physical and mental health resulting from exposure to noise inside the dwelling or within its curtilage.

  Ideal standard of property to minimise the hazard:

• Sufficient noise insulation to comply with Building Regulations requirements (Document E).

• Adequate sound insulation from external ambient noise e.g. roads, airport, factories etc.

• Suitable construction or conversion of a dwelling.

• Suitable siting, installation and condition of plumbing to minimise noise.

  2.4 Hygiene, Sanitation and Water Supply

  2.4.1 Domestic hygiene, pests and refuse

  The threat to health resulting from poor design, layout and construction such that the dwelling cannot be readily kept clean and hygienic. Access into, and harbourage within the dwelling for pests, and inadequate and unhygienic provision for storing and disposal of household waste.

  Ideal standard of property to minimise the hazard:

• Design and construction should reduce access of pests. Harbourage discouraged.

• Design construction and maintenance of dwelling should allow it to be kept clean, preventing  build-up of dirt and dust.

• Suitable and sufficient provision for the storage of refuse awaiting disposal, internally and externally.

  2.4.2 Food safety

  The threat of infection resulting from inadequacies in provision and facilities for the storage, preparation and cooking of food.

  Ideal standard of property to minimise the hazard:

• Adequate facilities for the storage of food.

• Adequate space for refrigerators and freezers.

• Suitable provision of work surfaces, sinks, drainers etc.

• Adequate facilities for the cooking of food.

  2.4.3 Personal hygiene, sanitation and drainage

  The threat of infection and threat to mental health associated with personal hygiene, including personal washing and clothes washing facilities, sanitation and drainage.

  Ideal standard of property to minimise the hazard:

• A sufficient number of adequately sited, properly fitted and maintained wash hand basins, baths and showers.

• Sufficient clothes washing and drying facilities.

• Adequate drainage that discharges effectively.

  2.4.4 Water supply

  The threat to health from the quality and adequacy of the supply of water within the dwelling for drinking and for domestic purposes such as cooking, washing, cleaning and sanitation. As well as the adequacy, it includes threats to health from contamination by bacteria, protozoa, parasites, viruses and chemical pollutants. (Contamination by lead and radon are dealt with separately).

  Ideal standard of property to minimise the hazard:

• A wholesome drinking water supply.

• An uninterrupted supply in dwellings.

• Adequate pressure for both hot and cold water.

• Hot water stored at greater than 60°C.

  2.5 Falls

  2.5.1 Falls associated with baths etc

  The threat to health from any fall associated with a bath, shower or similar facility.

  Ideal standard of property to minimise the hazard:

• Baths and showers should be stable, secure, have non-slip safety features, grab rails etc.

• Facilities should be sited in an adequately sized room.

  2.5.2 Falling on level surfaces etc
  The threat to health from falling on any level surface such as floors, yards and paths. It also includes falls associated with trip steps, thresholds or ramps, where the change in level is less than 300mm.

  Ideal standard of property to minimise the hazard:

• Proper design, construction and maintenance of floors, yards, steps or paths to minimise any trip hazards.
  
  

  2.5.3 Falling on stairs etc

  The threat to health from any fall associated with stairs, steps and ramps where the change in level is more than 300mm. Including internal stairs or ramps, external steps or ramps, and those giving common access to a dwelling. It also includes falls over guarding (balustrade) associated with stairs, steps and ramps.

  Ideal standard of property to minimise the hazard:

• Proper design, construction and maintenance of stairs, steps and ramps.

• Stairs constructed to the requirements of the Building Regulations Document K.

• Handrails to staircases and steps.

• Suitable stair coverings.

• Non slip covering to stairs and steps.

• Consistent tread rise and depth  on staircases.

• Suitable balustrade and guarding to staircases and steps.

  2.5.4 Falling between levels etc

  The threat to health associated with falls from one level to another, inside or outside the dwelling, where the difference in levels is more than 300mm. It includes falls out of windows, falls from balconies and landings, falls from accessible roofs, into basement wells and over garden retaining walls.

  Ideal standard of property to minimise the hazard:

• Compliance with the Building Regulations Docs L & K (includes sill heights and window positioning).

• Safety catches / window opening limiters on windows above ground floor level.

• Guarding or balustrade to balconies and landings, with no openings larger than 100mm.

  2.6 Electric Shocks, Fires, Burns and Scalds

  2.6.1 Electrical hazards

  The threat to health from shock and burns resulting from exposure to electricity, including from lightning strikes. It does not include risks associated with fire caused by deficiencies to the electrical installations, such as ignition of material by a short circuit.

  Ideal standard of property to minimise the hazard:

• Compliance with current IEE Regulations.

• The use of Residual Current Devices RCDs.

• No electrical sockets in a bathroom.

• A Lighting Protection System (LPS) fitted to dwellings in exposed locations.

  2.6.2 Fire

  The threat from exposure to uncontrolled fire and associated smoke in a dwelling. It includes injuries from clothing catching alight from exposure to an uncontrolled fire, common when people attempt to extinguish a fire, but does not include injuries caused by clothing catching alight from a controlled fire or flame, which may be caused by reaching across a gas flame or an open fire used for space heating.

  Ideal standard of property to minimise the hazard:

• Fitted appliances and equipment which present a possible source of ignition to be safely maintained and installed.

• Dwelling constructed of fire and smoke resistant materials to prevent the spread of fire.

• Sufficient, appropriately sited electrical sockets.

• Fire alarm, smoke detectors and heat detectors present and working correctly.

• Adequate means of escape from the dwelling in case of fire.

• Compliance with Building Regulation. Approved Document B, and British Standards BS5588, Code of Practice 5839, and BS5446.

  Although not statuary guidance, the LACORS fire safety guidance may be used by local authorities during an inspection and by tribunals in the event of an appeal in relation to what fire safety requirements would be adequate for the purpose of this hazard. The LACORS guidance is widely used and accepted and can be found here: https://www.landlordsguild.com/wp-content/uploads/2013/10/lacors-fire-safety-guidance.pdf

  2.6.3 Flames and hot surfaces

  The threat of burn injuries caused by contact with a hot flame or fire, hot objects or hot, non-water based liquids and scald injuries caused by contact with hot liquids and vapours.

  Ideal standard of property to minimise the hazard:

• Adequate guarding of open flames on space and water heating appliances.

• Exposed pipe work and radiator surface temperature limited to 43 degrees.

• Thermostatic mixer valves fitted to baths.

• Bath hot water supply limited to 44 to 46 degrees.

• Good kitchen layout and design with adequate space to allow movement through the kitchen.

  2.7 Collisions, Cuts and Strains

  2.7.1 Collision and entrapment

  The threat to health of physical injury from trapping body parts for example trapping fingers in doors and windows, and colliding with objects such as windows, doors, low ceilings and walls.

  Ideal standard of property to minimise the hazard:

• Window opening lights should not protrude over pathways, or obstruct the passage of those using the paths.

• Suitable repair and maintenance of doors and windows, with particular attention paid to sash cords and self closers etc.

• Safety glazing provided in doors and windows in vulnerable locations

• For further information see Building Regulations Approved Document K, Approved Document N, British Standard BS 8213: Part 1, and BS6262: Part 4.

  2.7.2 Explosions

  The threat to health from the blast of an explosion, from debris generated by the blast, and from the partial or total collapse of a building as the result of an explosion.

  Ideal standard of property to minimise the hazard:

• Gas supplied by an Authorised supplier at a standard pressure and standard composition.

• Appropriate, properly designed and installed gas pressure regulator, meter and pipework.

• Regular gas safety check of installation and appliances by a Gas Safe registered installer.

• Adequate low level ventilation where LPG used and appropriate siting of storage tank.

• Correct installation and maintenance of the hot water system.

  2.7.3 Position and operability of amenities

  The threat to health of physical strain associated with functional space and other features at the dwelling.

  Ideal standard of property to minimise the hazard:

• Appropriate, safe and convenient layout the dwelling in particular the kitchen and bathroom.

• Basins, sinks, worktops, baths and showers etc. should be located at an appropriate height.

• Window catches readily accessible without the need to strain.

• Cupboards and shelves sited so as to be readily accessible but without causing a collision hazard.

  2.7.4 Structural collapse and falling elements

  The threat to health of a whole building collapse, or an element or a part of the fabric being displaced or falling because of inadequate fixing, disrepair or adverse weather conditions.

  Ideal standard of property to minimise the hazard:

• Foundations, walls, floors, ceilings and stairs to be designed, constructed and maintained to be of sufficient strength to support the weight of the building and its fittings and furnishings.

• Internal and external fittings and fixtures should be securely fixed and in good repair.

• Well maintained and secure roof coverings.

• Well maintained and structurally sound chimney stack and securely fitted chimney pots.

• Fixtures and fittings (such as electric lights, kitchen wall cupboards, showers etc) should be properly and securely fixed.

  3. Calculating the Hazards

  If a hazard is found at a property by a local authority inspector, it must be calculated to produce a score which determines how severe the risk from the hazard is.

  This CPD course uses one example of an average 1930’s 3 bedroomed semi-detached house with a handrail missing from the stairs. Other types of properties have different numbers involved, but the principle detailed remains the same at all times.

  The calculation and score will ultimately result in the hazard being either category 1 or category 2.

  3.1 The Inspection

  The first thing the inspector must do is identify a hazard from one of the 29 categories as previously discussed. This example uses “Falling on stairs”.

  The first thing to note is that each category has average likelihood figures gained from various sources including coroners and the home accident surveillance system. The inspector must take into consideration the figures contained in the statutory guidance.

  The second thing to note is that any figures used are based on certain categories of people, sometimes it is aged 60 or over, sometimes less than 5 years old. There is no relevance to actual current occupiers - who are ignored for the purpose of the inspection. The inspector must assume the house is occupied by a certain person relevant to each category. In the case of falls on the stairs, the only person taken into account is one aged 60 or over. The average likelihood figures are based on the likelihood of injury / harm over the next 12 months of a person aged 60 or over.

  3.2 Average Likelihood

  Using our example property, the average likelihood of someone 60 years or over falling on stairs is 1 in 226. Therefore on average, of 226 people aged 60 or over during the next twelve months, 1 will fall on the stairs in a 1930’s house. The inspector therefore must look at whether the chance of someone 60 or over is more or less likely than this figure of 1 in 226 to fall on the stairs in question.

  According to the HHSRS statutory guidance (para 21.17) the likelihood of someone 60 or over falling on stairs without a handrail (as in our example) is doubled, therefore the inspector should arrive at an average likelihood figure of 1 in 113. (226/2).

  3.3 Work Out What Injuries Are Likely To Be Caused

  3.3.1 Class of Harm

  There are 4 classes of harm under the HHSRS. Effectively, the assessor will determine four scores, one for each of the classes of harm.

  The classes of harm are as follows:

  Class I

  This Class covers the most extreme harm outcomes including: Death from any cause; Lung cancer; Permanent paralysis below the neck; Regular severe pneumonia; Permanent loss of consciousness; 80% burn injuries.

  Class II

  This Class covers severe harm outcomes, including: Cardio-respiratory disease; Asthma; Non-malignant respiratory diseases; Lead poisoning; Mild stroke; Chronic confusion; Regular severe fever; Loss of a hand or foot; Serious fractures; Serious burns; Loss of consciousness for days.

  Class III

  This Class covers serious harm outcomes, including: Eye disorders; Rhinitis; Hypertension; Sleep disturbance; Neuro-psychological impairment; Sick building syndrome; Diarrhoea; Vomiting; Chronic severe stress; Mild heart attack; Loss of a finger; Fractured skull and severe concussion; Serious puncture wounds to head or body; Severe burns to hands; Serious strain or sprain injuries; Regular and severe migraine.

  Class IV

  This Class includes moderate harm outcomes which are still significant enough to warrant medical attention. Examples are: Pleural plaques; Occasional severe discomfort; Benign tumours; Occasional mild pneumonia; Broken finger; Slight concussion; Moderate cuts to face or body; Severe bruising to body; Regular serious coughs or colds.

  3.3.2 Percentage chance of class of harm

  The inspector now knows that the average likelihood of a fall on the stairs is 1 in 113, so must now work out the percentage chances of the injuries caused by the fall. Suggested averages are provided within the statutory guidance. In the case of falling on stairs, the average percentages are as follows:

  There is a 2.1% chance of a class I injury (e.g. death etc.)

  A 7.4% chance of a class II injury (e.g. serious fractures etc.).

  A 20.5% chance of a class III injury (e.g. fractured skull etc.)

  And finally (as all 4 must total 100) a 70% chance of a class IV injury (e.g. severe bruising to body etc.).

  There is no suggestion in the statutory guidance that the lack of a handrail alters these averages. If a person falls on stairs, the average injuries are the same however they fall. It is simply the likelihood of a fall occurring that has been adjusted to 1 in 113.

  Therefore the numbers for this example that we are interested in are as follows:

  113 (average likelihood), 2.1 (class I), 7.4 (class II), 20.5 (class III) and 70 (class IV).

  3.4 The Calculation

  The first thing that needs to be done is “band” the likelihood. Because there is a considerable number of numbers available (from 1 in 5600 to 1 in 1.5) a banding system is provided.
  In this example the number 113 (average likelihood figure) is in the band of 75 to 130. All average likelihoods that are between 1 in 75 and 1 in 130, produce a representative scale point of 100.

  Therefore for the calculation, the figure of 100 is used instead of 113. (This allows for the averages to be not too specific).

  Similar to the average likelihood being “banded”, the class of harm percentages are also banded.

  The 2.1 is in the 1.5% to 3% band and produces a representative scale point of 2.2.

  7.4 is within the band 7 to 15 and produces 10,

  20.5 is in the band 15 to 26 and produces 21.5

  and finally, the class IV figure is calculated by totalling the previous 3 classes percentages and deducting from 100 because it is a percentage. Therefore, in this case, 100 – 2.2 – 10 – 21.5 = 66.3

  Therefore we now have a new set of figures to work out the calculation from. These are:

  100 (average likelihood), 2.2 (class I), 10 (class II), 21.5 (class III) and 66.3 (class IV).

  We are now ready to do the 4 calculations (one for each class). The average likelihood (100) is used in each calculation and each of the 4 classes has a “weighting” figure. Class I is 10,000 because it is the most serious outcome, class II is 1,000, class III is 300 and class IV is 10. (All will become clear next for these “weighting” figures),

  The calculation is as follows:

  Class 1 score: 10,000 (weighting figure) / 100 (likelihood) x 2.2 (class 1 percentage) = 220.

  Class 2 score: 1,000 (weighting figure) / 100 (likelihood) x 10 (class 2 percentage) = 100

  Class 3 score: 300 (weighting figure) / 100 (likelihood) x 21.5 (class 3 percentage) = 64.5

  Class 4 score: 10 (weighting figure) / 100 (likelihood) x 66.3 (class 4 percentage) = 6.63

  Now we simply add up the 4 scores above to give us the hazard score for “falling on stairs” in our particular property.

  220 + 100 + 64.5 + 6.63 = 391. Finally, this score is “banded” as shown below:

  

  Hazard Score Band

   

  As 391 is between 200 to 499, then this hazard within our example house has a hazard rating of E.

  A hazard with a band of A, B or C is a category 1 hazard and D to J is a category 2 hazard.

  Where there is a category 1 hazard, the authority must take action and where there is a category 2 hazard they may take action.

  4. Enforcement Action

  If a local authority finds a category 1 hazard (the more serious hazard) in a property, they must take some form of action. If they find a category 2 hazard, they may take action. The available courses of action are as follows:

  Category 1 Hazards

• Serve an Improvement notice under section 11 Housing Act 2004.

• Issue a prohibition order under section 20 Housing Act 2004.

• Serve a hazard awareness notice under section 28 Housing Act 2004.

• Commence emergency remedial action under section 40 Housing Act 2004.

• Issue an emergency prohibition order under section 43 Housing Act 2004.

   

  In extreme cases they may also issue a demolition order or slum clearance!

  Category 2 Hazards

• Serve an Improvement notice under section 12 Housing Act 2004.

• Issue a prohibition order under section 21 Housing Act 2004.

• Serve a hazard awareness notice under section 29 Housing Act 2004.

   

  It is important that a local authority quotes the relevant section of the Housing Act which the notice relates so the landlord knows whether it is served as a category 1 or category 2 hazard (most authorities when serving improvement notices quote both sections to cover themselves).

  4.1 Power of Entry

  An important element of an inspection for HHSRS purposes is section 239(5) Housing Act 2004. This requires at least 24 hours' notice of the intention to inspect to be first given to owners  and  occupiers  where that inspection is in relation to assessing the property for the housing health and safety rating system.

  Before entering any premises in exercise of the power conferred by subsection (3), the authorised person or proper officer must have given at least 24 hours’ notice of his intention to do so—

  (a) to the owner of the premises (if known), and
  (b) to the occupier (if any).”

  24 Hours’ notice is not required where:

  “the local housing authority consider that any premises need to be entered for the purpose of ascertaining whether an offence has been committed under section 72, 95 or 234(3)”.

  These offences are:

• operating an unlicensed HMO which is required to be licensed under Part 2 of the Act;

• exceeding the specified occupancy limit in a licensed HMO;

• failing to comply with a licence condition in a licensed HMO;

• operating an unlicensed property which is required to be licensed under a selective licensing scheme;

• failing to comply with a licence condition in a property licensed under a selective licensing scheme; or

• failing to comply with the HMO Management Regulations.

   

  However, it is important to note that local authorities must still give at least 24 hours’ notice when investigating possible offences of failing to comply with Improvement Notices and/or Prohibition Orders. Where there is a problem with gaining access, or where giving notice may defeat the purpose of entry, the authorised officer may need to consider obtaining a warrant.

  An answer phone message left by a local authority on a landlords (or agents) answering machine has been held not to be adequate notice.

  4.2 Service of Notices or Orders

  Basically all notices or orders must be served in the same way and on the same person(s). Where a property has an HMO licence, the notice or order must be served on the licence holder. Where there is no licence, service must be on the person having control of the dwelling, the owner, or the person managing the flat depending on the specific circumstances and in the authority’s opinion the person who ought to take the action specified in the notice. A ground of appeal is available if you feel you are not the correct person to be served and you can name the appropriate person.

  Service of “copies” of the notice or order must also be sent to any other person who, in their knowledge has a relevant interest in any specified premises, or is an occupier of any such premises. The copy must be sent within seven days of the first service on the owner etc. “Relevant interest” includes freeholder, mortgagees etc.

  4.3 Letter Before Action

  In reality, most local authorities will write to the landlord (or owner occupier) before any action is taken, although there is no requirement to do so. Because a letter in this manner is not specifically provided for within the Housing Act 2004, any such letter will be unenforceable. However, landlords are well advised to take serious note of any such letters and consider the works seriously. If the landlord does nothing, the local authority may then serve one of the notices or orders mentioned above and they may charge for such production and service. If you have a genuine grievance regarding any contents of the letter, you should make contact with the local authority and try and negotiate the works specified.

  4.4 Improvement Notice

  This is the most common notice to be served if a hazard is found. If a landlord receives this type of notice, the landlord needs to act quickly. Failure to comply with the notice is a criminal offence and can be accompanied by significant fines (Usually far more than the cost of the works). In addition, the local authority can carry out the works themselves in certain circumstances and bill the appropriate person.

  A landlord may apply to the local authority for a variation or revocation of the notice, so for example, if certain works are required but the landlord has a suggestion of achieving the same remedy in a different way, the landlord should contact the local authority requesting the appropriate variation to the notice. The variation request may include seeking additional time to comply with the notice.

  A landlord may appeal the notice (including the remedial works required in the notice or that a better course of action was available) within 21 days of the date of the notice.

  An appeal is to the First-tier Tribunal if the property is in England, or the Residential Property Tribunal if in Wales. If the landlord has requested the notice be revoked or varied, the local authority must serve a notice either refusing the variation or refusing to revoke. In this case, a landlord may appeal the notice refusing to vary or revoke within 28 days from the date of that notice (not within 28 days from the date of the original improvement notice). An improvement notice becomes operative from 21 days after the date of the notice unless it is appealed. If appealed, it will become operative once the appeal process has ended (unless of course it is quashed or revoked by the tribunal).

  An improvement notice may provide for the operation of the notice to be suspended until a time, or the occurrence of an event, specified in the notice.

  4.4.1 Contents of the notice

  The notice must specify, in relation to the hazard (or each of the hazards) to which it relates—

• whether the notice is served under section 11 or 12 (category 1 or category 2 hazards),

• the nature of the hazard and the residential premises on which it exists,

• the deficiency giving rise to the hazard,

• the premises in relation to which remedial action is to be taken in respect of the hazard and the nature of that remedial action,

• the date when the remedial action is to be started, and

• the period within which the remedial action is to be completed or the periods within which each part of it is to be completed.

   

  The notice must also contain information about an appeal and the time-scales.

  4.5 Hazard Awareness Notice

  If a landlord who receives a hazard awareness notice, should be thankful! This notice cannot be enforced and no crime is committed for failing to comply with it but equally there is no appeal available.

  The contents of the notice are basically the same as the improvement notice above and the normal service provisions apply.

  Because the occupier will receive a copy of the notice, just because the local authority can’t enforce the notice, the landlord will now be put on notice regarding possible repairs. If a landlord ignores the notice, a tenant may have grounds against a landlord for failing to comply with his repairing obligations under section 11 Landlord and Tenant Act 1985. It is also worthy of note that a local authority may at any time change their mind and issue an improvement notice or some other order in respect of all or some of the works specified (or additional works).

  4.6 Prohibition Order

  A prohibition order is an order imposing such prohibition or prohibitions on the use of any premises as specified in the order. The order may prohibit use of the following premises—

• if the residential premises on which the hazard exists is a dwelling or HMO which is not a flat, it may prohibit use of the dwelling or HMO;

• if those premises are one or more flats, it may prohibit use of the building containing the flat or flats (or any part of the building) or any external common parts;

• if those premises are the common parts of a building containing one or more flats, it may prohibit use of the building (or any part of the building) or any external common parts.

   

  Without good reason, the notice may not, prohibit use of any part of the building or its external common parts that is not included in any residential premises on which the hazard exists.

  4.6.1 Contents of the order

  The order must specify, in relation to the hazard (or each of the hazards) to which it relates—

• whether the order is made under section 20 or 21 (category 1 or category 2 hazard),

• the nature of the hazard concerned and the residential premises on which it exists,

• the deficiency giving rise to the hazard,

• the premises in relation to which prohibitions are imposed by the order, and

• any remedial action which the authority consider would, if taken in relation to the hazard, result in their revoking the order.

   

  The order must also contain information about the right to appeal and appropriate time-scales.

  The order may prohibit use of any specified premises, or of any part of those premises, either—

• for all purposes, or

• for any particular purpose,

   

  The prohibition in the order may, in particular, relate to—

• occupation of the premises or part by more than a particular number of households or persons; or

• occupation of the premises or part by particular descriptions of persons.

   

  A person may seek approval from the local authority to use the premises in a certain manner (which might otherwise breach the prohibition order) and the local authority must not unreasonably refuse consent. If they do refuse, they must serve a notice giving reasons for the refusal.

  A prohibition order may be suspended but otherwise generally becomes operative at the end of 28 days from the date of the order. A landlord therefore has 28 days to remedy any works required and the order can be revoked before it becomes operative. If the order is appealed, it does not become operative until the appeal process has ended (unless it is revoked or quashed).

  For the avoidance of doubt, this means the property may be used as it is for up to 28 days because the order does not technically start until 28 days after the date of the order. A prohibition order may be appealed to the First-tier Tribunal if the property is in England, or the Residential Property Tribunal if in Wales, within 28 days. This time limit is the same for an appeal against a request to use premises in a certain manner and the authority have refused. The appeal may in particular relate to a better course of action being available for example it might be arguable that an improvement notice was a better course of action.

  4.7 Emergency Prohibition Order

  An emergency prohibition order (EPO) may only be served in the following circumstances: If—

• the local housing authority are satisfied that a category 1 hazard exists on any residential premises, and

• they are further satisfied that the hazard involves an imminent risk of serious harm to the health or safety of any of the occupiers of those or any other residential premises, and

• no management order is in force

   

  Note: importantly the requirement of “imminent risk of serious harm” is in relation to the health or safety of the actual occupiers despite the assessment deciding if there is a hazard based on a “relevant” occupier. For example, if there is an assessment that finds a category 1 hazard based on fire, this assessment must be based on an occupier of 60 years or over. However, just because this age group maybe at imminent risk, the local authority must then consider whether the actual occupiers are in imminent risk.

  “Imminent risk” is determined by the likelihood calculation and must be “in the near future”. “Serious Harm” is if the harm caused is likely to fall within Classes I, II and III (excluding, therefore, Class IV) as described earlier in chapter 3.

  Because an Emergency Prohibition Order becomes operative immediately, any breach of the order is a criminal offence and may be accompanied with hefty fines. The service, contents, appeal procedure and time limits for an appeal are basically the same as a prohibition order except that notice of the order must be within seven days. It is possible for the tribunal to revoke the order from the time it was served technically meaning it never existed if an appeal is successful.

  4.8 Emergency Remedial Action

  Same as an emergency prohibition order above, emergency remedial action is only available if there is a category 1 hazard and if there is imminent risk of serious harm to the actual occupiers.

  “Emergency remedial action” means such remedial action in respect of the hazard concerned as the authority consider immediately necessary in order to remove the imminent risk of serious harm. The local authority must notify the occupiers that they intend to enter to carry out the works and then within seven days of commencing work notices must be served on owners and relevant persons as per normal notice requirements. The local authority may obtain a court order to gain entry if an occupier refuses entry. The costs that the local authority incur are payable by the appropriate person and become a charge on the dwelling (or building).

  The same appeal procedure applies as an emergency prohibition order (i.e. within 28 days etc.)

   

   

   

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