Landlord's Guide to the Housing Act 2004

 

Housing Conditions and Enforcement

Introduces a new method of assessing housing conditions. It has replaced the Fitness Standard (s604 Housing Act 1985 (as amended)) and concentrates on health and safety in the home. Hazards will be identified and classified as either a Category 1 or a Category 2 hazard. The Council must take enforcement action to deal with Category 1 hazards and may take action to deal with Category 2 hazards.

Our Housing Officers  will be looking for the following hazards in the home:

A) Physiological Requirements

Damp and mould growth 
Excess cold 
Excess heat 
Asbestos (and man-made fibres) 
Biocides 
Carbon monoxide etc. 
Lead 
Radiation 
Uncombusted fuel gas 
Volatile Organic Compounds

B) Psychological Requirements

Crowding and space 
Entry by intruders 
Lighting 
Noise   

C) Protection Against Infection

Domestic hygiene, pests and refuse 
Food Safety 
Personal hygiene, sanitation and drainage 
Water supply

D) Protection Against Accidents

Falls associated with baths 
Falls on the level 
Falls associated with stairs and steps 
Falls between levels 
Electrical hazards 
Fire 
Hot surfaces and materials 
Collision and entrapment 
Explosions 
Ergonomics 
Structural collapse and falling elements    

New types of enforcement action and notices will be introduced. These include:

Improvement Notice – requires works to remove the hazard.  

Prohibition Order – prohibits use of residential dwellings or part of a residential dwelling. 

Hazard Awareness Notice – advises of hazard and recommends remedial action. 

Emergency Remedial Action – where there is imminent danger, the Council will carry out emergency works. 

Make an Emergency Prohibition Order – where there is imminent danger, Council can prohibit use of property immediately. 

Make a Demolition Order – requires property to be demolished. 

Declare a Clearance Area – designated areas will be demolished and redeveloped.   

The owner of the property can appeal to a Residential Property Tribunal concerning each of the types of action.

Definition of a House in Multiple Occupation

A building or part of a building is an HMO if it meets one of the following tests:

The Standard Test

Any building in which two or more families/individuals share basic amenities.

The Self-contained Flat Test

Any flat in which two or more families/individuals share basic amenities.

The Converted Building Test

Any converted building which comprises of one or more units of accommodation that are not self-contained.

Certain Converted Blocks of Flats

Any converted building which comprises of self-contained flats that does not meet the 1991 Building Regulation Standards and more than one third of the flats are occupied on short tenancies.

Licensing of Houses in Multiple Occupation (HMOs)

• All HMOs of 3 stories and above and with 5 or more people in residence, who do not form a single household, will be required to have a licence. 
• Each licence will include a number of conditions that must be met. 
• Each licence is granted for a maximum of 5 years. 
• A licence can only be granted if the person proposing to hold the licence is appropriate to do so. There must be adequate management arrangements in place. 
• If a landlord or owner fails to apply for a licence for an HMO that should have one, then the Residential Property Tribunal may order the landlord/owner to pay back the rent that was received during that period. 
• The Council may also be able to declare that other types of HMOs will need to have a licence if there is an area of low housing demand or high anti-social behaviour. This is called additional licensing. These conditions do not currently exist in Mid Beds and so such a scheme is not currently in operation within Mid Beds. 

Selective Licensing

This part provides the Council with the option to declare an selective licensing area.

This can only be declared where an area has problems of housing demand, with antisocial behaviour and with  the area suffering as the result of the HMO in the area. This will include all types of privately rented residential property, not just HMOs. There are no such areas in Mid Beds District at the present time and so  this Council is precluded from applying for such a scheme.

Interim and Final Management Orders

These are used with regards to HMOs that must be licensed.

If for any reason the Council is unable to issue a licence for a property and it continues to function as an HMO, the Council must serve an Interim Management Order. These are in force for up to 12 months while the reason for the licence being refused is sorted out. If this reason cannot be dealt with and a licence still cannot be issued after 12 months, then a Final Management Order must be served which will last for up to 7 years. Mid Beds District Council is currently negotiating in partnership witht he other Councils within Herts and Beds for a contract with a housing association who is willing to take up Management Order HMO's and manage them on behalf of the Council.

Empty Dwelling Management Orders

These are similar to Interim and Final Management Orders for HMO's, but they only relate to empty properties. These type of management orders will be included in the package currently under negotiation with the housing association.

Home Information Packs

These will need to be provided at the beginning of the home/property buying/selling process.

The pack will be expected to include key information about the property, including:  

• Terms of sale. 
• Evidence of title.  
• Any guarantees etc. planning approvals, condition report, and any such other information.
• The condition of  the property
• Any works that have been carried out on the property
• The energy efficiency of the property.

Further Information

The full text of the Housing Act can be found on the HMSO website:

Guidance can be found on the ODPM website.

Or alternatively please contact our Home Environment Team on  08452 304040 or 01462 611 222, or email us at Customer.Services@midbeds.gov.uk