Can a Local Housing Officer Force me to Install HHR Storage Heaters?

The property is a two bed flat so unlikely to be an HMO. Please tell us all why the Housing Officer was in the flat ? What’s going on ?

Reply to the comment left by Paul Essex at 06/10/2022 – 16:31
I wasn’t aware of that, fortunately none of our properties are affected by licensing (as yet!). Do they also apply the requirements about replacing kitchens and bathrooms of a certain age?

Reply to the comment left by Seething Landlord at 06/10/2022 – 18:51
The decent homes standard provides guidance on acceptable ages of kitchens, bathrooms etc but this standard does not yet apply to the prs.

Reply to the comment left by Troydave at 06/10/2022 – 19:33Yes, that’s what I thought. My post was in response to Paul Essex’s “Unfortunately several councils have given themselves the right to enforce the standard in selective licenced areas.”

Surely the proposed conditions within any given selective licencing area should not exceed legislation.

If other conditions are being imposed I would have thought the local landlords association would have objected during consultation.

Reply to the comment left by Troydave at 06/10/2022 – 19:46
That’s why I am hoping for some clarification about what is going on here.

I think you need to contact a specialist like Landlord Defence. This does not sound correct but if you mishandle the situation you could get yourself in to more trouble and fines.

The council’s risk assessment here has gone beyond the scope of HHSRS (the only approved methodology per Housing Act). This is not unusual, but nor is it lawful.
Check HHSRS guidance here (esp. section on Excess Cold):
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/15810/142631.pdf
You’ll see (a) in general with HHSRS, assessor should NOT take account of form of tenure; (b) the heating facilities just need to be functionally adequate and under the control of the occupant. It’s plain from the guidance that affordability or who pays for the heat is NOT within scope of HHSRS at all. So that aspect of the heating arrangements cannot possibly constitute or be considered a factor contributing to an HHSRS Category 1 Hazard. Thus, there is no lawful basis here for the council to have issued a Section 11 Improvement Notice. (I’m an HMO landlord, no legal quals).

You do need to reject the notice within a certain timeframe to avoid the bill becoming unavoidable.

Personally, I would lodge a FORMAL complaint with the council (check their website for Complaints process) about the unlawful Improvement Notice (explained as above) and unwarranted invoice asap — you can expect a trashy response but using a formal complaint will then give you the option of taking the matter later to the LA ombudsman besides/instead of Residential Property Tribunal.

Take heart that if this goes to RPT, you are on absolutely solid ground — you will get all your money back in the end, but you do have to lay some out along the way.

As others say, a letter from a specialist solicitor, might be quickest and simplest way to get them to back off.

And maybe join NRLA, there’s great advice resources there too.

Reply to the comment left by Simon F at 09/10/2022 – 14:10Going to need more than ‘ advice and resources’ to prepare for and handle an appeal to the FTT – that’s one of the services we provide.

Is the OP responding to any of the advice or questions that have been raised?