At Trinity Surveyors we are often instructed to act as Expert Witness on Housing Disrepair matters for both Landlords and Tenants.
Providing Housing Disrepair Surveys is a specialist area and requires intricate knowledge of the Landlord and Tenant Act, The Defective Premises Act 1972, and the implied obligations imposed under the terms of the Lease.
There are also additional obligations imposed upon a Landlord regarding Fitness of Human Habitation.
The Human Habitation Act and the Housing Health and Safety Rating System (HHSRS) are pivotal regulations in the area of housing, aimed at ensuring that homes are safe, healthy, and suitable for Human Habitation at the start of the Lease, and throughout the term of occupation. The Act protects good Landlords from vexatious claims whilst ensuring that Tenants that are expected to suffer, are given a mechanism for help.
Below is a brief overview of the Regulations and how they contribute to improving living conditions for Tenants.
Human Habitation Act
The Human Habitation Act, effective from March 20, 2019, is a significant step towards enhancing Tenants’ rights and holding Landlords accountable for providing habitable living conditions. The Act enforces that rented properties must be fit for human habitation at the start and throughout the tenancy. It covers a range of factors, including the property’s structure, sanitation, ventilation, heating, and lighting. If a property fails to meet these standards, Tenants have the right to take legal action against Landlords to rectify the issues.
It is important to note that the Landlord is not obligated to remediate damage / risks that arise from any un-Tenant like behaviour. It is also important to understand what constitutes Fit for Habitation and any deviation from this standard.
HHSRS Risks
The Housing Health and Safety Rating System (HHSRS) is a risk assessment tool used to evaluate potential hazards in residential properties.
It focuses on 29 specific hazards, categorised into four bands of severity.
These hazards encompass a broad spectrum, ranging from excess cold and dampness to fire risks and poor sanitation. Local authorities use the HHSRS to identify potential dangers and work with landlords to mitigate them.
Mitigate Your Risks
Landlords play a pivotal role in ensuring that their properties meet the standards set by the Human Habitation Act and HHSRS. To mitigate HHSRS risks, landlords should:
Regular Inspections: Conduct regular inspections to identify and address potential hazards promptly.
Maintenance: Address maintenance issues promptly, especially those related to ventilation, heating, dampness, and structural integrity.
Fire Safety: Implement fire safety measures, including smoke alarms, fire extinguishers, and fire-resistant materials.
Damp and Ventilation: Ensure proper ventilation and address dampness issues to prevent mold growth and respiratory problems.
Utilities: Provide working utilities such as heating, lighting, and sanitation facilities to ensure tenant comfort and health.
Safety Measures: Install safety features like handrails, secure staircases, and non-slip surfaces to prevent accidents.
Document Maintenance: Keep records of maintenance, repairs, and inspections to demonstrate your commitment to tenant safety.
The Human Habitation Act and HHSRS work in tandem to establish a baseline for safe and healthy living conditions.
They empower Tenants to voice concerns and ensure that Landlords prioritise their well-being.
For Landlords, compliance with these regulations not only helps avoid legal repercussions but also fosters Tenant satisfaction, better property management, and a reputation for responsible housing practices.
Ultimately, the Act and HHSRS contribute to elevating the quality of rented accommodations and creating a safer and more comfortable living environment for everyone.
It is important to note that there are several key areas to the legislation that require careful consideration before providing Expert Witness Reports.
Speak with one of our experts today to see if we can help.
