65% OF RENTAL PROPERTIES AREN’T READY FOR TENANTS
When I first meet landlords one of the most common questions asked is whether their property is legally compliant and ready to rent.
Is my property ready to rent?
When I first meet landlords one of the most common questions asked is whether their property is legally compliant and ready to rent.
In March 2019 the Fitness for Habitation Bill was implemented and is now fully in force as of 20th March 2020 so tenants have the right to take legal action against private or social landlords should their property not comply with standard of the Housing Health and Safe Rating System (HHSRS). Local authorities now investigate poor practices and are expanding their workforce to do so.
Within the last 12 months here in Derby the City Council have completed many cases in which landlords have received hefty fines, suspended sentences and community service for non-compliance of the HHSRS system and other legal practices. One landlord received a fine of £12,000 for failure to comply with improvement notices.
What is HHSRS and what should I look out for?
The Housing Health and Safety Rating System (HHSRS) is designed to look into the risk to tenants when living in a property that has not been properly maintained. The purpose is to identify the most common hazards and work on solutions to get them resolved as quickly as possible. There are 29 fitting into 4 categories listed below:
1. Physiological Requirements – Damp and mould growth, excess cold, excess heat, asbestos and manufactured mineral fibres, biocides, carbon monoxide and fuel combustion products, lead, radiation, uncombusted fuel gas, volatile organic compounds.
2. Psychological Requirements – Crowding and space, entry by intruders, lighting, noise.
3. Protection against Accidents – falls associated with baths, falling on level surface, falling on stairs and ramps, falling between levels, electrical hazards, fire, flames, hot surface, collisions and entrapment, explosions, position and operability of amenities, structural collapse and falling elements.
4. Protection against infection – Domestic hygiene, pets and refuse, food safety, personal hygiene, sanitation and drainage, water supply.
The above hazards are split into 2 categories depending on severity. Category 1 is reserved for serious hazards and 2 for non-urgent ones. Local councils will of course give a reasonable period to rectify a hazard however if a category 1 hazard is found and not removed, they may take more formal enforcement action. Failure to comply with a statutory notice could lead to a prosecution and/or fine In the Magistrates Court, or a civil/financial penalty up to £30,000.
So what should you do to avoid a fine?
As part of your move in process create a check list to tick off the above 29 hazards. We include this as part of our inventory and we recommend that you have the same, it keeps everything together and solidifies your inventory.
If you identify anything that doesn’t comply you must rectify that before your tenants move in to avoid any penalties.
As a landlord, legislation is never ending and knowing when your property is ready to go on the market can be quite a headache and we understand the challenges you can face especially if this is not your full-time job.
If you are worried that one of your properties doesn’t comply or you want more information about HHSRS and what you need to do then give us a call on 01283 537120, we’d love to help.
Mitchell Baker
Lettings Manager
P.S. Need some advice?
If you would like to have a chat to get some clarity that your heading in the right direction, ensure your property meets requirements or when you feel the property is ready to launch, we are here to help.
We have a few options as you’re going through your preparation stages for getting an accurate valuation along with the confidence of knowing your tenant is going to be safe and you’re legally compliant.
Use our Social Distancing Valuation tool here