Although the Housing Health and Safety Rating System (HHSRS) took effect during 2006, at first sight it seems to have had little exposure since. But HHSRS is now being used as a powerful tool to make our homes safer, as recent cases demonstrate.

HHSRS is a risk assessment procedure introduced by the Housing Act 2004, resulting in scores that are developed to identify Category 1 and 2 hazards. Local authorities must take action with Category 1 hazards while Category 2 hazards are discretionary. HHSRS also replaces the fitness standard as an element of the Decent Home Standard. A ‘decent home’ must not contain a Category 1 hazard.

Leeds Magistrates Court recently fined two property owners £2,000 plus £1,400 costs after failing to comply with an Improvement Notice regarding a number of HHSRS Category 1 and 2 hazards. Shortly afterwards, Feltham Magistrates Court fined a landlord in Hounslow £2,000 with £1,000 costs for failing to comply with a Prohibition Order after HHSRS hazards were identified.

Fire and carbon monoxide poisoning are identified as 2 of the 29 hazards and a lack of effective smoke, heat or CO alarms is cited as one of the ‘relevant matters’ affecting the likelihood and harm outcome. There is therefore a strong case for installation of smoke, heat and CO alarms to British Standards to substantially reduce a hazard – so avoiding prosecution – at a much lower cost than other remedial measures. And action is also being taken with houses in multiple occupation – for example, the courts recently ordered a Cardiff landlord to pay almost £2,000 for failing to install smoke alarms.

Currently HHSRS only applies to England and Wales but it is already used as the standard for the Northern Ireland Housing Executive House Condition Survey and could be fully applied there as well. But in Scotland, the Housing (Scotland) Act 2006 expands the definition of the repairing standard for private rented housing and landlords will now have to ensure that, amongst other things, there is satisfactory provision for detecting and giving warning of fires – i.e. smoke alarms. The Act also introduces new roles for local authorities, including duties and powers. Now, a private tenant can simply report an alleged breach – such as absence of smoke alarms - to the new private rented housing panel. This will be a quicker and easier route to enforce the landlord’s obligations and make our housing safer.

More information can be found in the latest and previous issues of Residential Safety Update, available free of charge from Kidde Fyrnetics via
the ‘contact us’ page at www.smoke-alarms.co.uk or tel: 01753 685148 or fax: 01753 685096.