What is the Housing Health and Safety Rating System?

The Housing Health & Safety Rating System (HHSRS) is the method by which local authority inspectors assess housing conditions in England and Wales.

Introduced in the Housing Act 2004, HHSRS is a risk-based system rather than a set of prescriptive standards that landlords must adhere to. Instead, if a local authority inspects your property they will use HHSRS to identify potential hazards and then use a points-based system to assess their severity. 

If the points-based system reveals a Category 1 hazard the local authority is under an obligation to take action to address it. If the hazard is rated as a Category 2 hazard the local authority may take action instead.

What is the purpose of the HHSRS?

The aim is to provide a method by which local authority inspectors can assess the risks from hazards in a property. Once identified, the local authority may then use their enforcement powers to address the identified hazards.

The key principle of the system is that a dwelling, including the structure and associated outbuildings and garden, yard and/or other amenity space and means of access, should provide a safe and healthy environment for the occupants and, by implication, for any visitors.

What is a hazard?

There are 29 separate hazards under HHSRS which broadly fall into four separate categories.

Physiological:

• damp and mould growth
• excess cold
• excess heat
• asbestos and manufactured mineral fibre
• biocides (e.g. damp and timber treatment products)
• carbon monoxide and fuel combustion products
• lead
• radiation
• uncombusted fuel gas
• volatile organic compounds

Psychological:

• crowding and space
• entry by intruders
• lighting
• noise

Infection:

• domestic hygiene, pests and refuse
• food safety
• personal hygiene, sanitation and drainage
• water supply for domestic purpose

Accidents:

• falls associated with baths
• falling on level surfaces
• falling associated with stairs and steps
• falling between levels
• electrical hazards
• fire
• flames and hot surfaces
• collision and entrapment
• explosions
• position and operability of amenities
• structural collapse and failing elements

It should be borne in mind that all properties contain hazards and it is not possible (or desirable) to remove all hazards. The emphasis instead is on minimising the risk to health and safety as far as possible, either by removing the hazard altogether or minimising the effect as appropriate.

In 2019, the English Housing Survey found that the most common category one hazards tend to fall into four different groups:

• Falls on stairs, level surfaces and between levels (54% of category one hazards in the PRS)
• Excess cold (24% of category one hazards in the PRS)
• Damp and mould (4% of category one hazards in the PRS)
• Fire (6% of category one hazards in the PRS)

As these hazards make up 88% of all category one hazards in the PRS, it's important to understand what the risk factors are so you can identify and address them if they are present.

Mitigating the risks from falls

Falls are the most common type of hazard identified in privated rented properties and present a particular risk to small children. 

There are a number of different falling hazards under the HHSRS and they each have their own different recommendations you should bear in mind. 

Falling on level surfaces

You should consider the following when assessing the risks of falling on level surfaces:

• Is the floor even and in good condition? The risks of falls is heightened where the the surface is uneven. Trip hazards will increase in homes where the surface level varies by 5mm or more.
• Are hard surfaces exposed? The risk of injury increases as the surface of the floor gets harder. Having a good quality carpet through the property will help to mitigate this and also help to retain heat. 
• Is there sufficient space? Falling on surfaces increases if there is insufficient space in each room. Consider whether the layout of the room provides sufficient space to avoid falling. 
• Is there adequate lighting? Falls are more likely where there is inadequate lighting in the room.  

Falls on stairs

Falls on stairs are the most common hazard in the PRS and can pose a particularly serious risk to children.

Ideally you should consider the following for your property to prevent falls on stairs:

• Handrails, balustrades and walls: The absence of support on either side of the stairs will seriously increase the risk of falls. If there is a wall you should fit a handrail to it situated 90-100cm above the step and run the length of the staircase. If there is no wall, then you should fit a sturdy balustrade with no gaps of 10cm or more that would allow a child to fit through. 
• Carpeting: Stairs with carpets on them have significantly reduced risk from falls. Consider installing them if you don't already have them. Check the condition of these carpets regularly to ensure they are not fraying or loose.  
• Dimensions: The staircase should provide adequate room for manuveur. Stairs should ideally be at least 90cm wide so that parent and child can go down stairs together. Each step should have a rise of 10-18cm and a tread of 28-36cm. 
• Lighting: The staircase should be well lit to reduce the likelihood of falls
• Other dangers: The risks of falls on stairs will also be heightened by uneven surfaces, poor condition of the stairs, and whether the property is suitably heated

Falls between levels

This hazard covers risks such as falls from landings, out of windows or from balconies.

Much like falls on stairs, falls between levels pose a particular risk to children and should be mitigated wherever it's possible to do so.

In addition to the risks around falling from stairs, you should also consider the following for your property:

• Do you have safety restrictors on windows? It is recommended that you fit safety catches on your windows to restrict the window opening to no more than 10cm. This safety catch should be overridable easily by an adult. 
• How tall are the window sills? It is recommended that they are at least 1.1 metre above the floor to reduce the risk of children climbing on it. This is reduced to 60cm where the window is part of a fire escape route. 
• How easy are windows to clean? It is recommended that all windows are easily cleanable from the interior of the property to mitigate the need to use stepladders

Mitigating the risk of excess cold

There is a clear link between lower temperatures and vulnerability to cold related deaths.

A healthy indoor temperature is around 21 degrees celsius and the likelihood of a category 1 hazard increases, the further away you get from this ideal. 

There are a range of factors that will be taken into account during an inspection, but generally the inspector will be assessing things like:

• Is the heating system adequate to heat the whole house evenly?
• Does the property have appropriate thermal insulation?
• Is damp or disrepair impacting the thermal insulation of the property?
• Can the tenants control the heating?

Bearing these factors in mind, you are significantly less likely to have a HHSRS hazard if the property is:

• Well insulated;
• Has a modern, efficient heating system that is in good working order;
• Has a higher EPC rating
• Is free of damp. 

Mitigating the risk of damp and mould growth

The risk of damp and mould growth will be affected by the severity of the damp and mould. 

The Government has published detailed guidance on what they expect landlords to do to tackle damp and mould in the home that is available here for you to review.  

For the HHSRS though, some key factors you should consider are:

• Are there any structural issues causing the damp or mould growth? The presence of rising or penetrative damp could be a sign of an inadequate damp course or a sign of disrepair in the exterior of the property.
• Are the gutters and pipes in working order? Blocked pipes or gutters can lead to water ingress. Check them regularly.
• Is the property suitably ventilated? It should be warm, dry and well-ventilated. The property should be adequately ventilated throughout so that ordinary use does not require the opening of windows or cause the build up excess humidity.
• Is the property suitably heated? A well heated, and well ventilated home is likely to be free of hazards. 

Mitigating the risk of fire

Fire risks in the property will vary considerably depending on whether you are operating a HMO or not. If you are operating a HMO then you should have a professional perform a fire risk assessment to identify any potential risks and address them. 

In addition to this, there is a great deal of additional fire safety regulation that you should consider in addition to the Housing Health and Safety Rating System. See our overview of this legislation below for further details. 

For the HHSRS, you should aim for a property that has:

• Been designed to contain the spread of fires. For example, fire-resistant doors can help to contain the spread of fire and give people time to escape. 
• Appropriate smoke and heat detection systems and alarms.
• Adequate means of escape from fires
• Sufficient electrical sockets to reduce overloading sockets
• A regular electrical installation condition report
• Safely installed and maintained appliances that have an ignition source. 

In practice, much of this will be covered if you are following your requirements under the other fire safety regulations and to regularly have the electrics and gas installations inspected. 

How are the inspections performed?

HHSRS Inspections are essentially carried out in the traditional fashion with a physical assessment of the whole property during which deficiencies (faults) are noted and recorded.

Once the inspection has been completed, the inspector judges:

• Whether there are any hazards
• The likelihood of an occurrence and the range of possible outcomes for those hazards

This assessment of a hazard is then marked as a score. The score is a numerical representation of the degree of risk represented by a hazard. Although the calculation can be carried out on paper, most inspectors will use a computer software programme to calculate the scores.

Performing a HHSRS inspection yourself

The HHSRS is a technical system and it is likely to be difficult to confidently identify the difference between a category 1 and 2 hazard and the potential threat level of the risk if you do not have a background in health and safety or construction.

That said, you can still inspect your property and see if the minimum standards for HHSRS are met. A property that meets the minimum standard for a safe home is very unlikely to have a hazard present, meaning the landlord is likely to be safe from prosecution by a local authority, and tenants live in safer homes.

To help you do this, we have prepared a checklist for members that allows them to go through each of these points when inspecting a property they own, or one they are considering purchasing. 

How are the hazards rated?

All hazards are rated and scored individually. A formula is used which takes into account the nature of the hazard, the likelihood of an occurrence and the seriousness of the outcome (known as the spread of possible harms).

At its simplest, the formula is:

Risk (likelihood) x Outcome = Numerical Score

The severity of a potential hazard is assessed in relation to a member of the age group most vulnerable to the hazard and who might typically occupy the dwelling.

Whilst the assessment will always be based on the most vulnerable age group, any enforcement action taken should reflect the actual occupants.

For some hazards all age groups are equally vulnerable while for others, such as gaps between balusters, the hazard would be judged in terms of a young child.

The likelihood and the severity combine to generate a hazard score. Scores are divided into ten bands (A to J); band A is the most serious and J the least serious. Hazards which fall into bands A to C are category 1 hazards with those in bands D to J are category 2 hazards.

In simple terms, the greater the risk (likelihood) or more serious the outcome, the higher the overall score. An example of a high score would be a gas water heater leaking carbon monoxide - the risk is high and the outcome could be death.

Enforcement actions and options

The hazard score does not dictate the action to be taken but councils have a duty to take action of some kind if they discover a category 1 hazard in a property and a power to take action to deal with a category 2 hazard. Local authorities cannot issue on the spot penalties for category 1 hazards. However, tenants can seek compensation directly where the property is unfit for human habitation.

The local authority's first step should be to approach the landlord informally.

If the landlord does not respond the council is most likely to move into formal action by serving an improvement notice on the owner (or agent as appropriate), requiring that the hazard(s) be removed or minimised within a set time - generally 28 days.

In more serious cases, a council may serve a prohibition order prohibiting the use of all or part of a dwelling.

It should be noted that serious hazards are not always expensive to remove. A category 1 hazard could, for example, be removed by fitting a lock to a window or fixing a handrail to a staircase.

For minor hazards, a council could serve a hazard awareness notice which is exactly what it says. Such notices are simply advice and do not actually require owners to do anything (they are also not registerable as a land charge).

If a hazard is specific to a child or elderly person but no children or elderly people occupy the property, the council could decide to suspend the notice (or part of it) until such time as a child or elderly person moves in.

If a notice, or part of it, is suspended the council is obliged to review the situation at least once a year to check if the suspension continues to be justified or should be revoked so that the notice is activated.

Appeals

An owner or agent who has an improvement notice or prohibition order served on him by a local council can appeal the notice, normally within 21 days. Appeals are heard by the First-Tier Tribunal (Property Chamber - Residential Property).

The First-Tier Tribunals have replaced the previous role of the County Court in hearing appeals against such action. There is no restriction on the ground of appeal but the main grounds for appeal are likely to be that:

• the deficiency referred to in the notice does not amount to a hazard
• someone else is responsible for carrying out work at the property and the notice should be served on that person; and/or
• the works required in the notice are unreasonable/excessive etc and alternative works should be considered

The First-Tier Tribunal may also mediate where possible between local councils and owners/agents to try to resolve appeals without a formal hearing.

If a notice is not complied with within the time allowed (usually 28 days), prosecutions for non compliance are heard in magistrates courts. One defence that would be considered at this stage is that the notice was incorrectly served.