The council as the Local Housing Authority has a duty under the provisions of the Housing Act 2004 (the Act) to address category one hazards identified in dwellings following an assessment using Housing Health and Safety Rating System (HHSRS).
Where a category one hazard is identified following the completion of an assessment under HHSRS, the Council in accordance with the Enforcement Concordat and Authority’s enforcement policy will determine the most appropriate action to remove or reduce that hazard. The Act provides a range of enforcement options depending on the hazard found and having regard to a number of factors, including the history of non-compliance and potential for harm, a decision may be made to proceed straight to the service of a notice which may incur a charge.
Alternatively, before taking formal enforcement action a “pre-statutory notice” letter with an accompanying schedule of works will be sent to the relevant person seeking representations and giving them the opportunity to consider the findings and consequences of the HHSRS assessment. This letter will provide an explanation as to what the potential consequences are if either, no representatives are made or the representation made is not considered satisfactory to rectify and or reduce the hazards within a reasonable timescale.
After 15 working days from sending the letter, should the relevant person have failed to provide either, representation or a sufficient undertaking that the category one hazard will be removed or reduced then the most appropriate notice under the Act will be served on them typically within a further 15 working days.
Failure to commence, make reasonable progress or to complete the work within any agreed timescales will require formal action to be considered and the most suitable notice will be served usually within 15 working days of this date which may incur a charge.