Private Sector Housing Enforcement Policy 2024
2.0 Legislation
2.1 The principal piece of legislation used by the Private Sector Housing team is the GOV.UK: Housing Act 2004 (opens new window) (referred to as "the Act"). However, there are circumstances where other pieces of legislation may be more appropriate in dealing with the identified problem. Officers are expected to use professional judgement to determine the most appropriate piece of legislation to use. In some cases it may be appropriate to use a range of enforcement tools. Housing Act 2004 and GOV.UK: The Housing Health and Safety Rating System (England) Regulations 2005 (opens new window).
2.2 Where the Private Sector Housing team has reason to enter a property, we will inspect the whole property using the housing health and safety rating system (HHSRS). This system has been adopted by regulations, as set out in Part 1 of the Act, as the prescribed methodology for identifying defects and assessing the likelihood of a harm outcome occurring as a result of the defects. The aim is to identify deficiencies within dwellings that may lead to a hazard. Each hazard is assessed and assigned a band. These bands are translated into either a category one or a category two hazard.
Category 1 Hazards (bands A, B and C) represent a serious danger to health. The Act places a mandatory duty on the Council to take action where a category 1 hazard has been identified and to require the risk of harm posed by the category 1 hazard(s) to be reduced.
Category 2 Hazards (bands D, E, F, G, H, I and J) represent a lesser danger to health. The Council have a power to deal with category 2 hazards to require the reduction of the hazard.
2.3 In the great majority of cases the Council will take enforcement action where Category 1 Hazards have been identified, in accordance with its duty.
2.4 Where category 2 hazards are identified alongside category 1 hazards, where a high category 2 hazard (band D) is identified or where there are multiple category 2 hazards indicating poor housing conditions the more likely that formal enforcement action will be taken.
2.5 Formal Notices
2.5.1 Formal notices under The Housing Act formally bring the issues identified to the attention of owners, agents and occupiers. The service of such notice places a legal obligation on those who the notice is served to carry out works that will be specified within the notice. Failure to comply with any or all parts of the notice is an offence and could result in further formal actions highlighted in this document. The following notices are available under the Housing Act 2004:
- Hazard Awareness Notices
- Improvement Notices
- Suspended Improvement Notices
- Prohibition Orders
- Suspended Prohibition Orders
- Emergency Remedial Action
- Emergency Prohibition Order
- Demolition Order
- Clearance Area
2.5.2 The following tools are also available where the Housing Act 2004 measures are not appropriate, or do not sufficiently deal with the problem:
- Environmental Protection Act 1990, section 80
- Notices can be served if the officer is of the opinion that there is a statutory nuisance at the premises. The premises must be deemed prejudicial to health or a nuisance.
- Building Act 1984
- section 59/60 - Used to deal with unsatisfactory provision of or defective drainage issues in existing buildings.
- section 64/65 - Used where sanitary conveniences are insufficient or in need of replacement and are considered prejudicial to health or a nuisance.
- section 76 - Used where the property is so defective so as to be prejudicial to health. This notice notifies the person responsible of the local authority's intention to remedy the problem (similar to work in default).
- Public Health Act 1936
- section 45 - Used where there are defective sanitary conveniences due to their repair and/or cleansing ability. They must be in such a state as to be prejudicial to health or a nuisance.
- section 17 - Where any drain, private sewer, water closet, waste pipe or soil pipe has not been maintained.
- Local Government (Miscellaneous Provisions) Act 1976
- section 33 - Used where services such as the water supply are due to be, or have been, cut off to a domestic property.
- section 35 - Used where a private sewer is obstructed
- section 16 - Used to formally request information about premises or a person.
- Local Government (Miscellaneous Provisions) Act 1982
- Section 29 - Used to secure empty buildings that are not effectively secured against unauthorised entry.
- Prevention of Damage by Pests Act 1949
- section 4 - Used where there is evidence of or harbourage of rats or mice at a property.
- Housing Act 1985 (as amended)
- Some provisions within the 1985 Act have not been revoked and may be appropriate to use in some circumstances. In particular the overcrowding provisions are still available and can be used where the 2004 Act is not sufficient.
- Police and Criminal Evidence Act 1984, Criminal Procedures and Investigation Act 1996, Regulation of Investigatory Powers Act 2000
- used in relation to interviews under caution, prosecution and gathering evidence.