We have a number of powers to ensure housing standards
are achieved and maintained across North Somerset.
These powers relate to all residential housing and are open to
us under the
Housing
Act 2004.
The Act introduced a new enforcement regime in April 2006 called
the Housing Health
and Safety Rating System (HHSRS) which replaces the old Housing
Fitness Regime.
The HHSRS provides greater protection for tenants and other
visitors against harm caused by hazards in residential
properties.
Hazards are classed into the following two categories which
dictate what enforcement action we can take:
- Category 1 hazards - we have a duty to take the appropriate
enforcement action in relation to the hazard
- Category 2 hazards - landlords or owners may take the
appropriate enforcement action in relation to the hazard
We have a number of enforcement powers which we can use to solve
any hazards at a property.
Depending on the type of hazard and what we see as the most
appropriate course of action we can use any of the following powers
to solve any problems:
- Emergency prohibition order – used when we are satisfied a
Category 1 hazard exists at a property and involves an imminent
risk of serious harm to the health or safety of occupants. Imposed
with immediate effect
- Emergency remedial action – used instead of serving a notice
allowing us to carry out appropriate action to prevent a serious
risk to health occurring from a hazard in a property. The costs are
later recouped from the owner
- Hazard Awareness Notices – used to inform property owners about
the presence of hazards. They do not require any action on the part
of the owner
- Improvement Notices - legal notices served on property owners
requiring them to carry out works within a specified timescale to
remove hazards from a property. It is possible to suspend an
improvement notice until a specified time or event in the
future
- Prohibition Orders - served on property owners to close
their property to human habitation. When there is a serious and
imminent risk to health and safety emergency orders can be
used
The Act also provides us with additional powers of entry to an
authorised officer for enforcing housing standards.
For further information on enforcement please contact our
Private
Rented Housing Team.
For further information on the Housing Act 2004 visit the
Shelter
website.
