An inspection of each licensed HMO must be carried out under the Housing Health and Safety Rating System (HHSRS), which is set out in the Housing Act 2004 and replaces the current housing fitness standard. The rating system is a risk assessment of the effect of housing conditions on the health and safety of occupiers and involves the assessment of 29 potential hazards and scoring their severity to decide whether improvements are needed. If more serious category 1 hazards are found the Council has a duty to take action. If less serious category 2 hazards are found, the Council has the discretionary power to take action.
Where category 1 or 2 hazards are found informal action will be used to encourage owners to carry out works, but if this fails enforcement action will be taken in accordance with the Act and our Private Sector Housing enforcement policy.
A licence cannot be refused where the Council have identified a hazard within the property, as defined by the HHSRS, but granting the licence does not insulate the property from enforcement action under the HHSRS in the future.
This new enforcement regime involves a new set of notices to deal with these HHSRS hazards including hazard awareness notices and notices requiring either improvement, prohibition of the use of the dwelling or demolition. The notices are similar to those currently in use except that a Prohibition Notice can be served to prohibit the use of the whole or part of a dwelling or to prohibit its use by a description of persons, for example those aged under five or over 60.
An Improvement Notice is likely to be the most practical remedy for most hazards. Repair or renewal is generally cost-effective because of the high value of property in West Devon. The Council can also serve suspended Improvement Notices which can be used in circumstances where obtaining other consents will cause delay - an example would be where planning permission is being applied fo
