STANDARDS IN RENTED ACCOMMODATION Housing Services
Introduction This leaflet describes some of the standards for rented housing. In particular, it outlines the Housing Health and Safety Rating System (or HHSRS). HHSRS is the method of assessing whether housing is reasonably healthy and safe for occupation. It is a part of the Housing Act 2004, the law which allows the Council to require landlords to improve housing where there is a high risk of accident or illness. The later pages of the leaflet touch upon other housing requirements. 2 How does HHSRS work? Nothing is completely safe. And of course most accidents happen in the home. HHSRS is used to assess risk; it looks at how frequently something might happen and what will be the effect when it does. Some hazards are essential for daily living; an example of this is the staircase between the ground and first floors of a house. However, poor lighting, lack of handrails, disrepair and steep and winding steps may increase the risk of a fall. The presence of hard, sharp or angular surfaces at the base of the stairs may increase the injuries caused by such a fall. Together these factors may contribute to an unacceptable risk to safety. HHSRS assesses risk on a numerical scale; the higher the score the more serious is the risk to health and safety. A score of 1000 is defined by law as the point where a dwelling fails minimum standards; it is termed a Category 1 Hazard. When we identify a hazard this severe we are obliged to take appropriate steps to address it. A score of less than 1000 is deemed a Category 2 hazard. We may take steps to deal with such a problem in appropriate cases. The Council can require owners to take steps to improve housing conditions; alternatively we can restrict occupancy, require demolition or maybe just advise them of the potential problem. In the case of a Category 2 hazard we have the additional option of doing nothing. We will use our Enforcement Policy to choose the appropriate way of dealing with problems; this helps us take the most reasonable action for the circumstances of the case. Usually our initial approach is to advise owners of the Council s recommendations or requirements. Should it become necessary we will use our enforcement powers to formally demand that appropriate actions be taken. HHSRS sets out all the potential risks that are associated with housing; these 29 hazards are set out below. Each hazard is assessed individually, and a dwelling may fail on one or more hazards. The same defect may contribute to more than one hazard, and many defects may combine to increase the severity of any single hazard.
Further information on HHSRS is available on our website and the government website www. communities.gov.uk. Our Enforcement Policy is also available on our website. 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 in this leaflet. 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 affects. There should be sufficient and appropriate means of ventilation to deal with moisture generated by normal domestic activities 3
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 HMOs 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 and lighting. Fittings must be secure and positioned to reduce the likelihood of 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. Entry by intruders Accommodation should be reasonably safe from burglary and other unauthorised entry. Flats, bedsits and shared housing are more susceptible to burglary and are frequently in higher crime risk areas. The security provision needs to reflect the risk of break in; access points should be resistant to break in by providing locks suitable for their location (and any fire escape requirements). 4
Decency standard The decency standard is a minimum, non statutory standard set by the Government. 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 modern facilities and services It provides a reasonable degree of thermal comfort 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. For further information on the Decency Standard contact the Private Rented Team. 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. 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. 5
6 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 the gas supply, flues, fittings and appliances are installed and maintained safely. All works must be carried out by a competent contractor whose name appears on the Gas Safety Register (The GSR replaces CORGI). A copy of the valid test certificate must be issued to the tenant within 28 days of the check being completed 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 must be carried out at least every 5 years. Your contractor should recommend a re-inspection interval as part of his report. The safety certificate will remain valid until that date unless alterations occur or damage arises. Electrical AND OTHER 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 stepladders are safe. You are advised to check all items at regular intervals.
Furniture and Furnishings (Fire) (Safety) Regulations 1988 All furniture and furnishings 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. This is one of a series of advice leaflets produced for tenants and private landlords. Links to these and all the documents referred to in this leaflet are available at www.plymouth.gov.uk/housing Disclaimer The information and advice given in this leaflet is accurate to the best of our knowledge. However, you are advised not to rely exclusively on what we say here, as legislation or government advice may have changed since this leaflet was printed. If you have a particular problem you should take the advice of a qualified expert in the relevant area. Plymouth City Council will not accept liability for loss resulting from relying on advice from this leaflet 7
CONTACT Housing Services Plymouth City Council Plymouth PL1 2AA Tel: 01752 307075 Email: private.rent@plymouth.gov.uk www.plymouth.gov.uk/housing Standards in private rented booklet Published by Plymouth City Council February 2011 This information is available in other languages and formats, please call: 01752 668000