With the world of local authority housing standards enforcement ever changing, the majority is now risk assessment based and the sanctions for non-compliance are bigger than ever. Councils have a legal duty (no discretion) to take prompt enforcement action against those in control of rented accommodation where significant hazards are identified. This usually starts in the form of an Enforcement Notice for which most councils charge between £300 and £500. Fail to comply with these directions and you might face an unlimited fine if prosecuted, or a Civil Penalty of up to £30,000. 

It's not just the council that can instigate action against a landlord. From March 2019, the Homes (Fitness for Human Habitation) Act 2018 came into force, meaning tenants now have a fast-track approach to the courts to directly secure both repairs and unlimited financial compensation for poor or unsafe housing conditions.

Tenants can now also apply for a Rent Repayment Order and receive up to 12 months rent back for living in an unlicensed property.

If you’re an HMO Landlord, things can get even harder. If you fail to comply with the HMO Management Regulations, have inadequate fire precautions or identify that your property requires an HMO Licence as prescribed by local or national requirements, the fines can be unlimited. Can you afford to get this wrong?

Declining financial resources for councils are also resulting in a reduction in the 'educational approaches’ landlords use to benefit from. The new Civil Penalty regime means councils are stepping up enforcement in all areas, as they can now keep the enforcement charges they levy, and use them to fund further enforcement activities. This is leading to a substantial increase in the number of housing standards enforcement staff employed by councils.

A "HMO" Stands for House in multiple occupation. This is a property rented out by at least 3 people  who are not from 1 ‘household’ (for example a family) but share facilities like the bathroom and kitchen. It’s sometimes called a ‘house share’. 

Property licensing is  the Local Authority’s process of improving living standards in rental accommodation. There are different types of licence for different types of property.

This is a national scheme set out by the Housing Act 2004 that requires houses in multiple occupation (HMOs) to be licensed. Mandatory licensing is required where the HMO is occupied by 5 or more persons living in 2 or more separate households. Children of any age contribute to the number of occupants.

Additional HMO licensing was introduced to cover HMOs which do not meet all the criteria for the national Mandatory HMO Licensing Scheme. If your property is an HMO with 3-4 sharers, and falls within a borough which has introduced this scheme it will most likely require an Additional HMO licence, though some councils have further stipulation.

Selective licensing is a scheme that requires private landlords to license any privately rented property within a designated area. The scheme was introduced in the Housing Act 2004 and aims to ensure that licensed properties are safe, meet basic standards, and are managed satisfactorily. In areas where selective licensing applies, landlords must apply for a license and meet certain management and safety requirements. The scheme applies only in England.

You should be, that’s not enough. The letting agent industry has never been heavily regulated and an agency can be set up with no formal qualifications. While some letting agents do an excellent job, most will have little or no training in Housing Standards legislation. Their lack of knowledge of even the basic legislation is often scary. Do not assume that the big high street names and local Agents know enough about Housing Standards requirements, and that this will protect you from Council, Fire Service or HSE enforcement.

Apart from the real prospect that any tenant can easily request a safety inspection from their Local Authority, the world of no win no fee claims has arrived. This coupled with the new Homes (Fitness for Human Habitation) Act means that some tenants will target landlords in order to pursue claims. Councils and Fire Services are now also changing from education to an enforcement approach. These agencies now routinely share intelligence with the Police, Social services, the Fire Service and other Council’s. If you get caught being non compliant, you may be labelled a rogue landlord, face a banning order and/or inclusion on a national rogue landlord database.

You can and we would always advocate for you to start by doing this, but they can’t always provide the help you need. Most Councils won’t come out to just give advice, as they exist to serve the tenant’s interests. Councils are very reluctant to assist with safety advice, as there is clear conflict of interest. You might call them out with the intention of informal advice, but they have a legal duty to take enforcement action if they identify significant Hazards once they have visited. Staff competencies, resources, and enforcement approaches vary significantly between Council’s. You might strike lucky and get quality advice and a light touch enforcement approach.. Remember, they are duty bound to take enforcement action upon a significant hazard, so I would always advise a landlord to get their property professionally inspected before the Council do in response to a complaint.

While some issues might be obvious looking around a property, This is particularly true when it comes to fire safety, fire detection, fire containment and escape. The Housing Health & Safety Rating System (HHSRS) identifies 29 Hazards that might be present in rental properties. A detailed knowledge of these hazards; their likelihood of causing harm to tenants, and the risk assessment process that underpins the system, its application and enforcement, is what most landlords struggle to understand. The design, layout, age, construction and management of the property also interplay to affect the application of the risk assessment. 

Remember, even if you have gained the appropriate Planning Permissions and Building Control consents for your property, this does not automatically mean your development will be compliant with Housing Standards Legislation. In particular, Planning Laws and especially Permitted Development Rights do not cover safety issues at all, and the Building Regulations do not fully consider tenure or HMO use. This may leave fire safety provisions, natural light, ventilation, overcrowding and a host of other safety considerations under specified for the rental market.

Usually yes and it is an legal requirement to have one undertaken by a competent person with the Fire Safety Regulatory Reform