Councils to fine landlords £7,000 per hazard under new health and safety rules

Landlords could face on-the-spot fines of £7,000 for each hazard found in a property and a £40,000 civil penalty for failing to remedy the issue and continuing to breach the new health and safety standards.

The government has announced changes to the Housing Health and Safety Rating System (HHSRS), which will come into force on 23 June.

The National Residential Landlords Association (NRLA) has urged landlords to carry out regular inspections of their properties to make sure they are hazard-free.

Health and safety risks

The HHSRS system is used by local authorities in England and Wales to assess potential health and safety risks in homes.

The National Residential Landlords Association (NRLA) explains on its website that, under new rules introduced through the Renters’ Rights Act, any hazard identified during a local authority inspection will now be categorised as high, medium or low risk, replacing the more complex A–J rating system.

High-risk hazards, known as Category 1 hazards, will continue to trigger a council’s duty to take enforcement action against landlords, although councils will retain discretion over how they deal with medium- and low-risk hazards, known as Category 2 hazards.

The NRLA says that while the list of hazards is not changing, some categories are being merged. These include Falls on the Level, which covers falls associated with toilets, baths and showers, as well as trip hazards and falls on level surfaces, and Fire and Explosions, which covers exposure to uncontrolled fire, smoke and fumes, and explosions.

Range of factors to decide fines

Under draft guidance published by the government, councils will be able to fine landlords £7,000 per Category One hazard identified, or opt to impose a single £7,000 civil penalty for multiple breaches.

In the guidance, it explains that councils can decide the level of fines by assessing a range of factors, but that decisions will be made on a case-by-case basis.

The guidance says: “Local housing authorities need to have a policy basis to guide their decisions on when to issue a civil penalty.

“Each decision is to be considered on a case-by-case basis in line with that policy. Civil penalties under section 6A of the Act can only be imposed when, in the opinion of the local housing authority, it would have been reasonably practicable for the responsible person to secure the removal of the hazard.

Factors that a local housing authority should take into account when determining whether removal would have been reasonably practicable include:

• how long the responsible person has known about the existence of the hazard;
• whether practical steps could have been taken to remedy the hazard without disproportionate expense or disruption;
• what steps the responsible person has taken to remove the hazard or reduce its impact, including any efforts made to secure the services of specialist tradespeople;
• whether permission from other parties is needed to remove the hazard and the steps the responsible person has taken to secure that permission; and
• whether tenants have provided access to the property in order for remedial works to be carried out.

Landlords must carry out inspections

The NRLA is urging landlords to document safety checks and inspect properties regularly to comply with the new health and safety regulations.

The industry body says on its website: “If landlords are complying with all current health and safety guidance under the HHSRS, landlords don’t need to do anything fundamentally different.

“However, landlords must continue to carry out regular inspections of their properties to make sure they are hazard-free and safe for tenants to live in.

“Documenting these, and other safety checks, is also essential when it comes to proving landlords are taking their health and safety responsibilities seriously.

“Landlords should also be sure to log and action any reports or complaints from tenants when it comes to potential hazards and keep a record of any remedial work carried out by themselves or tradespeople.”