Microsoft PowerPoint - Housing ACT 2004

							The Act, Stated Purpose

Housing Act 2004 Legal Update
Presented by David d’Orton-Gibson And Miles Turner

• The Minister for Housing, Keith Hill, advised this Committee that the draft Bill was ‘a central element in the Government’s action plan to tackle the problems in private sector housing.’
• Quote from Parliamentary Library Report 04-002

Fitness Standard
• Section 604 Housing Act 1985
– – – – – – – – – Repair Stability Freedom from Damp Internal Arrangement Natural Lighting Ventilation Water Supply Drainage and Sanitary Conveniences Food Preparation and Cooking facilities

HHSRS
• • • • • • Risk Assessment Based Replaces “Fitness Standard” In Force in 6 April 2006 All Properties 29 Hazards 4 Groups

HHSRS Hazards
• 4 Groups (Factsheet 2)
– Psychological
• Safety From Intruders Damp/mould growth (2) Excess heat/cold (2) Asbestos Biocides Carbon monoxide etc Lead

HHSRS Areas
Radiation Noise Fire Hot surfaces Entrapment Explosions Ergonomics Structural

– Protection From Infection
• Food Safety

Uncombusted Hygiene (2) fuel gas VOCs Food safety Crowding & space Intruders Lighting Water supply Falls (4) Electrical

– Protection From Accident
• Trips and Falls

– Physiological
• Damp, Cold, Mould

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HHSRS Process
• Inspection • Assessment
– Hazard – Likelihood (12 Months) – Severity Class I Class II Class III

Harms
including, death, permanent paralysis below the neck, regular severe pneumonia, and 80% burns. including, chronic confusion, regular severe fever, loss of a hand or foot and serious fractures. including, chronic severe stress, regular and persistent dermatitis, loss of a finger, severe concussion and serious strain or sprain injuries. chronic or regular skin irritation, benign tumours, slight concussion, moderate cuts to face or body and regular serious coughs or colds.

• Most Vulnerable Occupier • Total Score
– Category 1 or 2 Hazard.

Class IV

HHSRS Actions
• • • • • • • Improvement Notice Prohibition Order Hazard Awareness Notice Emergency Remedial Action Emergency Prohibition Demolition Order Clearance Area • • • • • • •

HHSRS Action
One action for a hazard Follow up action Action based on occupier Action suspended Generally 28 days Land Charge Failure - £5,000 fine

(cont)

HOUSES IN MULTIPLE OCCUPATION
• New Definition • 5 Tests
– Standard Test – Self Contained Test – Converted Building Test – Declaration Notice – Converted Flats

HMO Household
• • • • • Family Partners Direct Blood Relatives Step Child See Section 258

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Licensing Mandatory
• Proposing
– 3 or more storeys AND – 5 or more occupiers – Regulations to decide

Licensing Additional
• • • • HMO’s Any Area Any HMO Problems
– Anti Social Behaviour – Design – Management

• Definition of “storey” critical.

• Last Resort

Licensing General
• Registration Schemes • Temporary Exemption Notice • Some Exemptions
– Schedule 14

Licensing General
• • • • Licenses Person Specific Licence Fees Maximum 5 Year Licence Additional Requirements

(cont)

• Fit and Proper Person • Approved Code of Practise • Management Regulations

Licensing Additional Requirements
• • • • Gas Safety Record to LHA annually Electrical Appliances kept safe Furniture kept safe Smoke alarms
– Supply – Keep in proper working order!!

Enforcement
• No Licence
– £20,000

• Too Many Occupiers
– £20,000

• Other Breach
– £5,000

• Written statement of terms

• No Section 21 • Rent Repayment Order

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Residential Property Tribunals
• Appeals
– HHSRS – Licence Refusal – Licence Revocation – Licence Variation – EDMO – RRO

Tenancy Deposit Schemes
• Custodial
– Holds Deposit – Pay Out On Agreement/Judgement – Keep Some Interest

• Insurance
– – – – Do Not Hold Deposit Pay In On Disagreement Pay Out On Agreement/Judgement Insurance Premium?

• Limited Costs

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