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

2. © Warwick University 2005 HHSRS Training: Enforcement Session 1: Introductions & Course Aims

3. © Warwick University 2005 Delegate introductions Name Nature of job Employer Use of HHSRS since Module 3 Awareness of Enforcement Guidance

4. © Warwick University 2005 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?

5. © Warwick University 2005 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

6. © Warwick University 2005 HHSRS Training: Enforcement Session 2: Part 1 – The Context of Enforcement

7. © Warwick University 2005 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

8. © Warwick University 2005 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

9. © Warwick University 2005 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

10. © Warwick University 2005 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

11. © Warwick University 2005 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

12. © Warwick University 2005 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

13. © Warwick University 2005 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

14. © Warwick University 2005 HHSRS Training: Enforcement Session 3: Options for action

15. © Warwick University 2005 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

16. © Warwick University 2005 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

17. © Warwick University 2005 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

18. © Warwick University 2005 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

19. © Warwick University 2005 Case Study Exercises – Session 1

20. © Warwick University 2005 HHSRS Training: Enforcement Session 4: Decisions & Statement of Reasons

21. © Warwick University 2005 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

22. © Warwick University 2005 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

23. © Warwick University 2005 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

24. © Warwick University 2005 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

25. © Warwick University 2005 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

26. © Warwick University 2005 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

27. © Warwick University 2005 HHSRS Training: Enforcement Session 5: Suspension & Emergency Action

28. © Warwick University 2005 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

29. © Warwick University 2005 Matters to consider Alternative to Hazard Awareness Notice Vulnerable age group not present Occupants’ views Option for more strategic approach Suspension

30. © Warwick University 2005 Available where Category 1 Hazard(s) + imminent risk of serious harm Options Remedial action Prohibition Emergency Actions

31. © Warwick University 2005 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

32. © Warwick University 2005 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

33. © Warwick University 2005 HHSRS Training: Enforcement Session 6: Appeals & Residential Property Tribunal

34. © Warwick University 2005 Right of appeal against notice, order or decision of LHA All appeals made to the Residential Property Tribunal No legal representation necessary Appeals & RPT

35. © Warwick University 2005 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

36. © Warwick University 2005 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

37. © Warwick University 2005 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

38. © Warwick University 2005 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

39. © Warwick University 2005 Case Study Exercises – Session 2

40. © Warwick University 2005 Case Study Exercises – Session 3

41. © Warwick University 2005 HHSRS Training: Enforcement Session 7: Other Enforcement issues

42. © Warwick University 2005 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

43. © Warwick University 2005 Prosecution Works in default Revocation/Variation Enforcement of Notices and Orders

44. © Warwick University 2005 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

45. © Warwick University 2005 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

46. © Warwick University 2005 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

47. © Warwick University 2005 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

48. © Warwick University 2005 Housing Act 2004 Enforcement Guidance Enforcement Regs ODPM dedicated web-site – http://www.odpm.gov.uk/stellent/groups/odpm_housing/doc uments/divisionhomepage/039012.hcsp Further Information