© Warwick University 2005 Housing health and safety rating system One Day Course: Enforcement.

© Warwick University 2005

Housing health and safety rating system

One Day Course: Enforcement


HHSRS Training: Enforcement

Session 1: Introductions & Course Aims


Delegate introductions

• Name

• Nature of job

• Employer

• Use of HHSRS since Module 3

• Awareness of Enforcement Guidance


Review of Options for Action

In groups of four, discuss –

• What options for action are available?

• What sort of matters should be taken into account?

• In what circumstances might each option be most appropriate?


To ensure relevant staff within LHAs: -• understand the options for action after the

HHSRS assessment • can determine the most appropriate course of

action and prepare a statement of reasons for the action

• understand how to proceed with emergency action

• understand the role of the Residential Property Tribunal

Course Aims



Session 2: Part 1 – The Context of Enforcement


• LHAs required to keep housing stock under

review and to identify any action (s3)

• LHAs must

– Comply with any directions from the

appropriate national authority

– Keep records as required by the appropriate

national authority

Review of Housing Conditions


• On receipt of a complaint

• Where LHA consider it appropriate for identifying any HHSRS hazards (s4) – private sector strategy, other strategies such as fuel

poverty and energy efficiency

• Following Official complaint (s.4(2))– Where HHSRS hazard identified (or Clearance Area

should be declared) written report to be made to LHA

Inspections


• Inspector must

– Have regard to the guidance under s9

– Prepare an accurate and detailed record of

findings

• Purpose is to determine whether any

HHSRS hazards exist

Inspections


Power of Entry (after 24hrs notice) where: -

• Inspection necessary under s4(1)

• To determine whether any functions under Part 1-4 should be exercised

• Premises are subject to: -

– Improvement Notice or Prohibition Order; or

– Management Order which is in force (Chaps. 1 or 2 of Part 4)

Powers of Entry


• Recovery of expenses associated with Hazard Awareness or Improvement Notice Prohibition Order etc (s49)

• Can include inspection, consideration of most appropriate action and service

• Must be reasonable and capable of being substantiated

Power to charge


• Statutory basis and LHAs must have regard

to it (s9)

• Replaces Annex B of DoE Circular 17/96

and DoE Circular 12/92 (HMOs)

Enforcement Guidance


• Set clear standards• Have clear and open provision of

information• Help landlords by advising on and assisting

with compliance• Have a clear complaints procedure• Ensure enforcement action is proportionate

to the risks involved• Ensure consistent enforcement practice

Enforcement Concordat



Session 3: Options for action


• HHSRS – prescribed assessment method

• LHAs must ensure that officers are familiar

with HHSRS

• HHSRS assessment is first stage – it does

not determine action

The Status of HHSRS


• Stage 1 – determine hazard score(s)

• Stage 2 – in light of score does LHA have

duty or power to consider action

• Stage 3 – what is the most appropriate

means of dealing with hazard(s)

HHSRS Rating and Action


• Improvement Notice (s11)

• Prohibition Order (s20)

• Hazard Awareness Notice (s28)

• Emergency remedial action (s40)

• Emergency Prohibition Order (s43)

• Demolition Order (s265 1985 Act as amended)

• Clearance Area (s289 1985 Act as amended)

Options for action


• Cannot take >1 action simultaneously for same hazard

• Can take same or different course for same hazard subsequently if initial action failed

• Emergency remedial action – single course of action

• Category 2 Hazards – Emergency remedial action, Demolition and Clearance not available

Points to Note


Case Study Exercises

– Session 1



Session 4: Decisions & Statement of Reasons


• Action should be proportionate

• Multiple hazards may indicate run-down property

• Current occupants and regular visitors– Vulnerability

– Occupancy likely to change

• Social exclusion

• Views of occupants

Matters to Consider


• Required by s8

• Copy must accompany all notices and orders

and copies of them

• For clearance areas to be published as soon

as possible after resolution of declaration

• No prescribed form

Statement of Reasons


• Requires action to

– Remove Category 1 or 2 Hazard

– Same notice can deal with >1 hazard (whether

Cat 1 or 2)

– Prevent recurrence within reasonable period

• Not available where Management Order

under Part 4 Chap. 1 or 2

Improvement Notice


May be appropriate where

• Remedial action unreasonable, impractical or unreasonably expensive

• Premises listed building

Also consider

• Impact of Order on social exclusion

• Relation to neighbouring buildings

• Alternative uses

• Proposals for area and impact on locality

Prohibition Order


May be appropriate where

• Minor hazard

• Remedial action unreasonable, impractical or unreasonably expensive

• Landlord has agreed to remedial action

Note –

Does not prevent further formal action should unacceptable Hazard remain

Hazard Awareness Notice


Where action is to be taken under Part 1 and a fire

hazard exists

• LHA must consult Fire & Rescue Authority

• But, where emergency measures proposed, duty

applies only so far as is reasonably practicable

• HHSRS not part of licensing criteria

HMOs and Multi-Occupied Buildings



Session 5: Suspension & Emergency Action


Improvement Notice and Prohibition Order

• May be suspended until time or event specified

• Reviewed any time (not less than annually)

• Decision on review to be served on all persons originally served

Suspension


Matters to consider

• Alternative to Hazard Awareness Notice

• Vulnerable age group not present

• Occupants’ views

• Option for more strategic approach

Suspension


Available where

• Category 1 Hazard(s) + imminent risk of

serious harm

Options

• Remedial action

• Prohibition

Emergency Actions


Remedial Action

• Whatever action necessary to remove the

imminent risk

• Notice to be served within seven days of

taking the action

• Expenses recoverable as work done in

default

Emergency Actions


Prohibition• Prevents occupation of all or part of

premises

• Has immediate effect, and is served on the day it is made

• Can be reviewed or revoked as ordinary Orders

• Compensation payable (ss584A & 584B of 1985 Act)

Emergency Actions



Session 6: Appeals & Residential Property Tribunal


• Right of appeal against notice, order or

decision of LHA

• All appeals made to the Residential

Property Tribunal

• No legal representation necessary

Appeals & RPT


• To be made within 21 days of service(28 days for variation or revocation)

• Can be on any ground

• Two specified grounds:– One or more owners ought to take the action

or pay the whole or part of the cost

– A Prohibition or Demolition Order, or Hazard Awareness Notice is the best course of action

Procedure – Sch 1, Part 3

Appeals – Improvement Notice


• To be made within 28 days(28 days for variation or revocation)

• Can be on any ground

• One specified ground

– An Improvement Notice, Demolition Order, or Hazard Awareness Notice is the best course of action

Procedure – Sch 2, Part 3

Appeals – Prohibition Order


• Can give directions for securing the “just and expeditious and economical disposal of the proceedings” (s.230)

• May confirm, quash or vary the Notice, Order or Decision

• Where alternative course of action is basis of appeal, RPT must have regard to s.9 guidance

Appeals – Powers of RPT


• To be made within 28 days of date specified

in notice or date Order made

• Appeal will not prevent the action from being

taken or Prohibition Order having effect

• RPT may confirm, quash or vary the Notice,

or Order

Appeals - Emergency Actions



– Session 2



– Session 3



Session 7: Other Enforcement issues


• Failing to comply with Improvement Notice

or Prohibition Order

• Defence of reasonable excuse

• Continuing obligation to take remedial

action after expiry of period for completion

Offences


• Prosecution

• Works in default

• Revocation/Variation

Enforcement of Notices and Orders


• Magistrates Court

• Notice – Maximum fine for non-compliance

is level 5

• Prohibition Order – Maximum fine for

breach is level 5 plus daily penalty up to

£20 per day for breach after conviction

Prosecution


Action

• With agreement and at expense of person served with notice

• Without agreement where notice not complied with– Notice of intention “sufficiently in advance”

– Recovery of expenses (including where action by person served after notice of intention)

Sch 3

Work in Default


• Must be revoked once complied with

• Can be revoked in part as different hazards remedied – then Notice has to be varied

• Notice can be varied by agreement (including where suspended)

• Revocation or variation can be on LHA’s initiative or on application by person served

Revocation & Variation - Improvement Notice


• May be revoked or varied at any time if LHA satisfied that hazard no longer exists

• May be revoked where Category 1 Hazard but there are “special circumstances”

• Revocation can apply to only part of the Order if more than one hazard, Order then varied as appropriate

• Revocation or variation can be on LHA’s initiative or on application by person served

Revocation & Variation - Prohibition Order


• Housing Act 2004

• Enforcement Guidance

• Enforcement Regs

• ODPM dedicated web-site –

http://www.odpm.gov.uk/stellent/groups/odpm_housing/

documents/divisionhomepage/039012.hcsp

Further Information

© Warwick University 2005 Housing health and safety rating system One Day Course: Enforcement.

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