[2025] UKUT 172 (LC)

Part 1 of the Housing Act 2004 is about housing conditions; Chapter 1 makes provision for the enforcement of housing standards and introduced a 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 … (whether the deficiency arises as a result of the construction of any building, an absence of maintenance or repair, or otherwise)". 

The Housing Health and Safety Rating System (England) Regulations 2005 sets out a system for the assessment of the seriousness of hazards, known as an HHSRS assessment, whereby hazards are given a numerical score or rating calculated by reference to the level of harm they could cause and the likelihood of it occurring. Regulation 7 then sets out the “prescribed bands” used to give an overall score to a hazard: for example, band A is a hazard that scores 5,000 or more, band D scores 500 to 999, band H scores 20 to 49, I scores 10 to 19, J scores 1 to 18. Hazards within bands A to C are category 1 hazards, bands D and below are category 2 hazards.

Section 5 of the 2004 Act gives local housing authorities a duty to take enforcement action when they are aware of category 1 hazards; section 7 gives them a discretion to do so in respect of category 2 hazards. The types of enforcement action referred to include improvement notices, prohibition orders and hazard awareness orders. Their titles are self-explanatory; an improvement notice requires the recipient to take remedial action in respect of the hazard concerned, while a prohibition order prevents the use of the building or part of it. Failure to comply with either is a criminal offence, and the authority’s decision to serve the notice or order can be appealed to the FTT. By contrast, a hazard awareness notice brings a hazard to the attention of the recipient; failure to take action is not an offence and there is no provision for an appeal.

Section 8 of the 2004 Act requires a local housing authority that decides to take enforcement action to provide a statement of reasons for the decision to do so, explaining why that particular form of enforcement was chosen. Section 9 requires local housing authorities to have regard to national guidance, and such guidance has been published by the government in relation to both the operation of the rating system and to the enforcement of housing standard (and can easily be found online).

Section 13(2) of the 2004 Act provides for the contents of an improvement notice: it 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.

Paragraph 10(1) of Schedule 1 to the 2004 Act provides for appeals against improvement notices to the FTT. Paragraph 15(2) and (3) sets out the powers of the FTT on an appeal:

“(2)

The appeal–

(a)

is to be by way of a re-hearing, …

(3)

The tribunal may by order confirm, quash or vary the improvement notice.”

On an appeal the FTT must decide whether the local housing authority was wrong to serve the notice. The appeal is a re-hearing, but the FTT should give special weight or deference to the local housing authority’s views and should only conclude that one of its decisions is wrong if it disagrees with the decision despite having accorded it that special weight (Curd v Liverpool City Council [2024] UKUT 218 (LC), the Deputy President Mr Martin Rodger KC at paragraph 13).