[2024] UKUT 218 (LC)

Part 1 of the 2004 Act is concerned with the enforcement of housing standards and, by Chapter 1, it introduced a new system for assessing housing conditions by reference to the existence of category 1 and category 2 hazards.

A “hazard” is defined in section 2(1), as “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 (whether the deficiency arises as a result of the construction of any building, an absence of maintenance or repair, or otherwise)”.

Category 1 and 2 hazards are classified by reference to a numerical score ascertained under a scheme for calculating the seriousness of hazards prescribed by the Housing Health and Safety Rating System (England) Regulations 2005 and known as an HHSRS assessment. By section 2(1), 2004 Act a category 1 hazard is a hazard of a prescribed description which achieves an HHSRS score above a prescribed amount; a category 2 hazard is a hazard which achieves a score below that prescribed amount. A category 2 hazard is therefore less serious than a category 1 hazard but it is not simply a defect; to be a hazard of either category it must be a “risk of harm … which arises from a deficiency in the dwelling or HMO”.

Where a local housing authority becomes aware that a category 2 hazard exists in residential premises it has a discretion to take action. If it decides to do so it has a range of powers including the service of an improvement notice under section 12 or a hazard awareness notice under section 29. An improvement notice is “a notice requiring the person on whom it is served to take such remedial action in respect of the hazard concerned as is specified in the notice” (section 12(2)). Non-compliance with an improvement notice is a criminal offence.

Section 13(2), 2004 Act provides for the contents of an improvement notice. Amongst other requirements the notice must specify the nature of the hazard and the residential premises on which it exists, the deficiency giving rise to the hazard, the premises in relation to which remedial action is to be taken and the nature of that remedial action.

The taking of action in relation to a particular hazard does not prevent an authority from taking the same or a different form of action in relation to the same hazard, where they consider that the action taken so far has not proved satisfactory (section 7(3), 2004 Act). For example, if an authority serves a hazard awareness notice it may later serve an improvement notice covering the same hazard.