HHSRS: Your Frequently Asked Questions

Changes to the Government’s Housing, Health and Safety Rating System (HSSRS) could see you hit with an on-the-spot fine of £7,000 for any category one hazard found in your rental homes.

To help you understand what the changes mean for you we held an exclusive member webinar outlining what is happening and how you can stay compliant.

Here are some of your frequently asked questions.

Q: What position am I in if the tenant has caused the hazard?

A: Generally, tenancy contracts make it clear that a tenant is responsible for setting right any damage that they have caused, meaning you can require the tenant to fix the damage themselves or pay your costs for rectifying the damage that has caused the hazard.

Q: What happens if the freeholder is in control of something that is causing a hazard? Am I still responsible?

A: If the category one hazard is in the common areas, then local authorities won't issue a civil penalty. In the difficult case where the hazard is inside the flat but caused by something controlled by the freeholder, the best advice is to attempt to get the freeholder to conduct the necessary work. Where this work is not conducted, you then have mitigating factors that you can explain to the local authority as justification for not being fined as you have done everything reasonable to address the hazard.

Q: Do you have to share the risk assessment you have undertaken with the tenant?

A: No, you are not required to share this with the tenant. You are required as the landlord to have a minimum standard of your property being free of category one hazards, however you are not required to demonstrate how you have met this to your tenant/s.

Q: How frequently should I be conducting checks for HHSRS hazards?

A: A lot of things you only need to check once, for example knowing whether a handrail is on a set of stairs, as you wouldn't need to change this unless the tenant informs you it has broken. It is still a good idea to inspect regularly though. The exact frequency of these inspections can depend on your insurance and licensing requirements, however an inspection every six months is generally considered a sensible frequency.

Q: Would restricting access to setting the thermostat potentially be classed as a category one hazard? If so, how do we prevent tenants setting this too high and running up high bills?

A: Tenants should be able to control the heating. If you as the landlord are concerned about potentially high bills from overuse, you could do a number of things such as insert a 'fair use' clause into your tenancy agreement, making the tenants responsible for the bills, or having individual metering for each room (if a HMO).

More information

• You can read more about the changes here.
• We have created a comprehensive new checklist to help you make sure your homes are compliant with the HHSRS. For more information on your responsibilities – and to access the downloadable list click here.
• The NRLA also runs a property standards and safety course outlining your obligations, which is being updated to include the new rules. To find out more and to book your place click here.