What is a Hazard? A hazard means any risk of harm to the health or safety of an actual or potential occupier of a dwelling or HMO which arises from a deficiency in the dwelling or HMO or in any building or land in the vicinity.
Something is classed as a hazard regardless of whether the deficiency arises as a result of the construction of any building, an absence of maintenance or repair, or otherwise. “category Hazards are classified as 1 hazards” and “category 2 hazards” . Housing Health and Safety Rating System (England) Regulations 2005 (SI 2005/3208)
Improvement notices: Category 1& 2 Hazards If the LA are satisfied that: i. a category 1 or 2 hazard exists on any residential premises, and; ii. No management order is in force in relation to the premises. An improvement notice may be served requiring remedial action from the person who is served.
An improvement notice must set out: • Whether the notice is served under s.11 or s.12 HA 2004? • The nature of the hazard and the residential premises on which it exists. • The deficiency giving rise to the hazard. • The premises where the action is to be taken and the nature of the action required. • The date when the action must be started. • When the action should be completed by.
Notice must also contain information about: • The right of appeal under Pt.3 Sch.1. HA 2004, and; • The period within which an appeal may be made.
Improvement notices: Who Should be Served? Where the premises are either: a) a dwelling which is licensed under Part 3 of the 2004 Act, or b) an HMO which is licensed under Part 2 or 3 of the Act, The LA must serve the notice on the holder of the licence.
Where the specified premises are — a) a dwelling which is not licensed under Part 3 of the Act, or b) an HMO which is not licensed under Part 2 or 3 of the Act, AND; c) Are NOT a flat, the local housing authority must serve the notice on either the person with control of the dwelling or having control of/managing the HMO.
Where the specified premises are a flat the local housing authority must serve the notice on a person who — a)is an owner of the flat, and b)in the authority’s opinion ought to take the action specified in the notice (this can include for flats which are HMOs the person managing the flat).
Where any specified premises are — a)common parts of a building containing one or more flats; or b)any part of such a building which does not consist of residential premises. the Lmust serve the notice on a person who — a)is an owner of the specified premises concerned, and b)in the authority’s opinion ought to take the action specified in the notice.
The LA must also serve a copy of the notice on every person who, to their knowledge either: a) Has a relevant interest in any specified premises, or; b) Is an occupier of any such premises.
Remedial Action: What is Required? • For a Category 1 Hazard the minimum requirement will be to take such action as to ensure the hazard ceases to be a Cat 1 Hazard. • For a Category 2 Hazard there is no minimum requirement.
Consequences of Non-Compliance • Criminal Offence (s.30 Housing Act 2004) • LA can take action themselves and recover the costs (Schedule 3 Housing Act 2004)
Action without agreement: Notice Requirements Notice must identify the prior improvement notice to which it relates and set out: a) The premises and hazard concerned; b) That the LA intends to enter; c) The action it intends to take, and; d) The power under which the LA intend to enter and take action
Appeals against improvement notices. Two statutory grounds of appeal: • Firstly, that someone else should be taking the remedial action and/or paying for that action (Para 11 Sch.1 Housing Act 2004). • Secondly that some other action is the best course of action for dealing with the identified hazard (Para 12 Sch. 1)
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