Housing Act 2004 – Will I notice a difference? Andrew Griffiths Chartered Institute of Environmental Health Andrew Griffiths Chartered Institute of Environmental.

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Presentation transcript:

Housing Act 2004 – Will I notice a difference? Andrew Griffiths Chartered Institute of Environmental Health Andrew Griffiths Chartered Institute of Environmental Health

Housing Act 2004 – Will I notice a difference? YES or possibly NO YES

Housing Act 2004 – Will I notice a difference? NO if – you don’t let any property in multiple occupationyou don’t let any property in multiple occupation your properties are in good repair with all amenities and are safe and healthy to live inyour properties are in good repair with all amenities and are safe and healthy to live in you always deal with repairs etc straightawayyou always deal with repairs etc straightaway your properties are occupiedyour properties are occupied you don’t take any tenancy depositsyou don’t take any tenancy deposits there is no anti-social behaviour in or nearthere is no anti-social behaviour in or near your properties NO if – you don’t let any property in multiple occupationyou don’t let any property in multiple occupation your properties are in good repair with all amenities and are safe and healthy to live inyour properties are in good repair with all amenities and are safe and healthy to live in you always deal with repairs etc straightawayyou always deal with repairs etc straightaway your properties are occupiedyour properties are occupied you don’t take any tenancy depositsyou don’t take any tenancy deposits there is no anti-social behaviour in or nearthere is no anti-social behaviour in or near your properties

Housing Act 2004 – Will I notice a difference? Otherwise…YesOtherwise…Yes

Multiple Occupation Safe and healthy houses Residential Property Tribunal Empty dwellings Tenancy deposits Multiple Occupation Safe and healthy houses Residential Property Tribunal Empty dwellings Tenancy deposits

Multiple Occupation Definition of an HMO Mandatory licensing Discretionary licensing Management standards Amenity standards FeesPenalties

Safe & healthy houses Housing Health and Safety Rating System A new system for assessing housing conditions Underlying principle - A dwelling…… should provide a safe and healthy environment for the occupants and any visitors

Safe & healthy houses Housing Health and Safety Rating System Applies to the whole housing sector Enforcement only applies to the private sector Local councils can’t prosecute themselves Action can be taken against social landlords Little change from present arrangements

Safe & healthy houses Housing Health and Safety Rating System 29 hazards summarised as follows: Dampness, excess cold/heat Hygiene, sanitation, water supply Accidents – falls, electric shocks, fires, burns, scalds Collisions, explosions, structural collapse Pollutants e.g. asbestos, Space, security, light, noise

Safe & healthy houses Housing Health and Safety Rating System Local councils required by law to deal with poor housing conditions in their areas Improvement notices Prohibition orders Emergency prohibition orders Hazard awareness notices

Residential Property Tribunal Like rent assessment panels Expert panel More informal than a court Case management conferences Mediation Property visits Further appeal to Lands tribunal

Empty Dwellings 689,675 empty homes in England (April 2004) More empty homes than homeless families 80% in the private sector Half have been empty for more than 6 months The market is not working

Empty Dwellings Local authorities need to have a strategy for bringing empty homes back into use Strategies include carrots and sticks Housing Act introduces a new tool - Empty Dwelling Management Orders Designed to bring empty properties back into use and get rent to landlords

Tenancy Deposits All deposits for AST tenants will have to be part of the new scheme (Oct 06) Custodial (free) or insurance based scheme No Section 21 if deposit not protected Alternative dispute resolution for custodial scheme (or the courts)

Rejoice!