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johnpullen.co.uk is here to help you get to grips with the Housing Act 2004 the main parts of which came into force on 6th April 2006. The Act changed the way property defects are viewed in law. No longer are properties viewed as fit or unfit for human habitation. Instead houses will now be assessed for their safety against the new Housing Health and Safety Rating System. HHSRS rates property against 29 different hazards. Part 2 of the Act brings in Licensing for rented houses in multiple occupation.
johnpullen.co.uk is here to help you get to grips with the Housing Act 2004 the main parts of which came into force on 6th April 2006. The Act changed the way property defects are viewed in law. No longer are properties viewed as fit or unfit for human habitation. Instead houses will now be assessed for their safety against the new Housing Health and Safety Rating System. HHSRS rates property against 29 different hazards. Part 2 of the Act brings in Licensing for rented houses in multiple occupation.
Purpose
The purpose of these pages is to guide owners, landlords, managers and tenants, of properties through what is complex legislation. It will attempt to explain the ramifications of the Act and enable a full understanding of the duties it places on owners, landlords, managers and tenants.
These pages are not intended to be a full legal refuge and because the law on housing is new there is little or no case law with which to better inform those with specific problems. Enquiries are welcome so please use the contact us page on the links above. I will do my best to answer all your questions or if that is not possible at least point you to where you might find the answer.
As more information becomes available I will add it to this site.
The purpose of these pages is to guide owners, landlords, managers and tenants, of properties through what is complex legislation. It will attempt to explain the ramifications of the Act and enable a full understanding of the duties it places on owners, landlords, managers and tenants.
These pages are not intended to be a full legal refuge and because the law on housing is new there is little or no case law with which to better inform those with specific problems. Enquiries are welcome so please use the contact us page on the links above. I will do my best to answer all your questions or if that is not possible at least point you to where you might find the answer.
As more information becomes available I will add it to this site.
So What's New?
Powers of Entry
Not only did Camden Council get caught by the section 239 fiasco but so did did Bristol. See the cases on the Residential property tribunal web site where both cases make it quite clear that the officer of the council assessing a hazard must first be authorized by the local authority but then must give 24 hours notice to both the occupant and the owner if known of his/her intended visit/inspection. It turns out that the powers of entry have not really changed since 1936 and that specific periods of notice should have been given by officers intending to inspect properties since at least that time. That is not to say that the courts would in all instances where the notice had not been given would consider any action following the entry as illegal. There is much case law where other decisions have been made although it would appear to be somewhat inconsistent.
Some recent Welsh cases have decided that every visit would require authorization and 24 hours notice effectively tying the hands of the Local Housing Authorities. But the law is still open to interpretation on this and the LACORS web site has some current thinking where blanket authorization are used but 24 hours notice must be given.
Excess cold
Many of the cases where Councils have insisted on double glazing no doubt to meet the ideal under HHSRS have been somewhat reduced in their value by the RPT reducing the the requirements to overhaul the windows unless the windows are so far defective as to be useless. Councils should rethink their requirements as the RPT might well begin to treat such requests with disdain and reduce them in all instances. So take care when you are specifying what work needs to be done.
Powers of Entry
Not only did Camden Council get caught by the section 239 fiasco but so did did Bristol. See the cases on the Residential property tribunal web site where both cases make it quite clear that the officer of the council assessing a hazard must first be authorized by the local authority but then must give 24 hours notice to both the occupant and the owner if known of his/her intended visit/inspection. It turns out that the powers of entry have not really changed since 1936 and that specific periods of notice should have been given by officers intending to inspect properties since at least that time. That is not to say that the courts would in all instances where the notice had not been given would consider any action following the entry as illegal. There is much case law where other decisions have been made although it would appear to be somewhat inconsistent.
Some recent Welsh cases have decided that every visit would require authorization and 24 hours notice effectively tying the hands of the Local Housing Authorities. But the law is still open to interpretation on this and the LACORS web site has some current thinking where blanket authorization are used but 24 hours notice must be given.
Excess cold
Many of the cases where Councils have insisted on double glazing no doubt to meet the ideal under HHSRS have been somewhat reduced in their value by the RPT reducing the the requirements to overhaul the windows unless the windows are so far defective as to be useless. Councils should rethink their requirements as the RPT might well begin to treat such requests with disdain and reduce them in all instances. So take care when you are specifying what work needs to be done.
