Recent Articles

NEW: view our housing changes time-line

Power of Entry (HHSRS)

One of the most important elements 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

HHSRS Possible Courses of Action and procedure

If a local authority find 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 ...

Calculating a Hazard

Introduction Due to the hugely complicated method of which a hazard is scored for the purposes of the Housing Health and Safety Rating System, we have produced this separate guidance. You may need to read two or three times before fully understanding it! This guidance uses one example and that is of an average 1930’s 3 bedroomed ...

HHSRS – Summary of Cases

Below is a summary of Housing Health and Safety Rating System appeals to both the Upper Tribunal and the Residential Property Tribunal. Please note that from 1 July 2013, all HHSRS hearings are dealt with by the First-tier Tribunal (Property Chamber) Most significant cases are listed including appeals relating to prohibition orders and ...

Hearsay Evidence allowed in RPT

More for my own benefit but maybe of interest to others, upon reading a Lands Tribunal decision, an interesting comment concerning hearsay evidence was noted about hearsay evidence being allowed in a Residential Property Tribunal hearing which is where an appeal against prohibition orders, improvement notices etc. served by a local authority ...

HHSRS Legislation Links

Hazard assessment Housing Act 2004 The Housing Health and Safety Rating System (England) Regulations 2005 Statutory Guidance First-tier Tribunal (Property Chamber) The Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 Practice Directions for Tribunals Upper Tribunal (Lands Chamber) The Tribunal Procedure (Upper ...

Proving Rent Arrears

When a section 8 notice has been served on the ground of two months rent arrears ( ground 8 ) and proceedings commenced, a landlord must prove at the court hearing that the tenant was (a) two months in arrears at the time of service of the notice and (b) that the tenant is two months arrears at the time of the hearing. Different amounts apply ...

Council Tax – Joint and Several or Shared HMO?

R (Goremsandu) v LB Harrow EWHC 1873 The liability to pay council tax is determined by the hierarchy of liability as contained in s.6 Local Government Finance Act 1992. Basically you start at the top of a list of liable persons starting with owner-occupiers and work downwards until the appropriate person is found and that becomes the liable ...

TV Licensing – Who is Liable?

When is a TV Licence required? A television licence is required to watch any television programme "as they are being shown". Therefore a licence is not required if a computer is being used solely for watching pre-recorded television programmes such as programmes on i-player, youtube etc. If a landlord provides a TV in let property, is the ...

Fire Detectors and call points – How they work and location

Difference between Optical and Ionisation smoke alarms Ionisation Alarms where should they be used? Ionisation type sensors are particularly sensitive to the almost invisible smoke produced by fast flaming fires.This makes them more liable to false alarm due to cooking fumes if sited in a hallway close to a kitchen. Ionisation alarms are ...