What is HHSRS and does it apply in Wales?
We often hear from landlords who are unsure whether the Housing Health and Safety Rating System (HHSRS) still applies in Wales, especially since Welsh Government introduced The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, commonly referred to as FFHH. Some believe that HHSRS is no longer used in Wales, but that’s not the case – it’s still very much in effect and it plays a crucial role in assessing property conditions. So, if you’re a landlord, it’s important to understand what HHSRS is and how it relates to the FFHH regulations.
What is HHSRS?
The Housing Health and Safety Rating System (HHSRS) was introduced under Part 1 of The Housing Act 2004 as a tool to assess housing conditions and enforce minimum housing standards. It’s a risk-based system used by local authorities, and although the Act doesn’t explicitly name the system, HHSRS is the method outlined within the legislation.
HHSRS is designed to identify potential hazards within a property that could affect the health and safety of occupants. Housing Officers from local authorities use it when inspecting properties after receiving complaints from tenants or during inspections for HMO licence applications.
How does HHSRS work?
HHSRS is all about evaluating potential risks. When a Housing Officer assesses a property, they use a points system to grade each hazard based on its severity and the vulnerability of the occupier. For example, a trip hazard caused by a worn carpet would receive more hazard points if the property is occupied by an elderly person rather than a young adult in good health. This flexible, case-specific approach ensures the assessment reflects real-world risks to the occupant(s).
The hazards that Housing Officers look for fall into four categories:
- Physiological Requirements: Things like damp/mould, excess cold/heat, asbestos, carbon monoxide
- Psychological Requirements: Hazards such as overcrowding, poor lighting, excessive noise, and risks of entry by intruders
- Protection Against Infection: Ensuring hygiene, pest control, food safety, sanitation, drainage, and water supply
- Protection Against Accidents: Risks of falls, electrical hazards, fire, and structural issues
A total score is calculated for each hazard, which corresponds to a scale of A-J:
- A-C are Category 1 hazards: The most severe risks. Local authorities are legally required to take enforcement action to address these.
- D-J are Category 2 hazards: Less severe, but still potentially harmful. Local authorities may take enforcement action to address these hazards.
What enforcement powers does the local authority have?
The Housing Act 2004 introduced several enforcement actions for local authorities. These actions range from issuing improvement notices to taking emergency measures where there’s imminent danger. Here’s a breakdown of what local authorities can do:
- Serve an improvement notice: This legally requires the landlord to carry out work to remove the hazard.
- Make a prohibition order: All or part of the property may be closed off, or the number of occupants limited.
- Take emergency action: If there’s an immediate danger, the local authority can carry out emergency repairs.
- Make a demolition order: In severe cases, the property may need to be demolished (only applicable to Category 1 hazards).
- Declare a clearance area: Areas may be designated for demolition and redevelopment (only applicable to Category 1 hazards).
Before formal action is taken, it’s common for local authorities, such as Cardiff Council, to issue an informal improvement notice (sometimes called a ‘hazard awareness notice’). If the landlord fails to comply with this, a formal improvement notice may follow, potentially with an associated charge. Landlords can appeal formal enforcement actions to a Residential Property Tribunal within 21 days and the notice/order will be suspended whilst the appeal is ongoing.
Does HHSRS still apply in Wales?
Yes, HHSRS still applies in Wales. With the introduction of the FFHH regulations in 2022, some landlords have assumed that HHSRS no longer matters – but this is a misunderstanding. The FFHH regulations do not replace HHSRS. Instead, they work alongside it.
The FFHH regulations list 29 prescribed ‘matters and circumstances’ that landlords must address to ensure their property is fit for human habitation. These are almost identical to the types of hazards that local authorities must consider under HHSRS, but FFHH focuses on the landlord’s responsibilities for maintaining these standards. However, if an occupier makes a complaint and a local authority inspection is triggered, the assessment will still be conducted using HHSRS.
In short, while FFHH outlines what landlords need to do to keep their properties fit for human habitation, HHSRS remains the framework that local authorities use to inspect and enforce standards.
What this means for landlords
Landlords in Wales need to be aware that compliance with FFHH doesn’t mean HHSRS can be ignored. Local authorities can still inspect your property using the HHSRS framework, and failure to meet these standards could result in enforcement action.
If you’re unsure whether your property meets the necessary standards or have received an improvement notice from the local authority, CPS Homes is here to help. We have extensive experience in helping landlords navigate these regulations and can guide you through the process of making your property compliant.
If you’re a landlord in Wales, be sure to keep both FFHH and HHSRS in mind when assessing your property’s safety and habitability. While FFHH focuses on your direct responsibilities, HHSRS is the system your local authority will use if there are concerns.
The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.
