Health and safety
Housing health and safety rating system (HHSRS)
The HHSRS is used to assess conditions in all private properties including those that are owner occupied, rented to single people and families, and houses in multiple occupation (HMOs).
Properties are assessed against 29 potential hazards, including issues such as 'excess cold', 'falls on stairs', 'damp and mould growth' and 'noise'. Some of these hazards could not be dealt with by the Council under the previous legislation.
When a hazard is identified in a property, two tests must be applied:
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What is the likelihood of a dangerous occurrence as a result of this hazard?
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If there is a dangerous occurrence, what would be the likely outcome?
Find out more about the HHSRS.
Furniture and furnishings fire safety
If you let furnished accommodation all furniture you provide must be fire resistant. The Furniture and Furnishings (Fire) (Safety) Regulations 1988 set levels of fire resistance for domestic upholstered furnishings. These regulations are enforced by Trading Standards Officers from Kent County Council.
Upholstered furniture filled with polyurethane foam tends to burn quickly and gives off large amounts of smoke and poisonous fumes.
Older or second-hand furniture may only be used if it has the appropriate label showing that it is cigarette and match-resistant.
The regulations apply to:
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Beds, mattresses, headboards and pillows
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Sofa beds, futons, scatter cushions and seat pads
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Loose and stretch covers for furniture
The Regulations do not apply to:
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Sleeping bags or loose covers for mattresses
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Bed clothes, duvets and pillow cases
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Carpets and curtains
New furniture that complies with the regulations is sold with a permanent label stating that it is cigarette and match-resistant. Landlords should ensure that they do not let accommodation with furniture that is not fire resistant.
Gas safety
Gas Safety Register
All gas engineers must be on the Gas Safe Register to carry out gas work lawfully. Landlords are required to ensure that annual maintenance and safety checks are completed on gas appliances by a Gas Safe Register engineer.
Further advice about gas safety is available from the Health and Safety Executive, the organisation responsible for enforcing gas safety. HSE
More information can be found using the links below:
Electrical safety
The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 are enforced by the Council’s Private Sector Housing Team. Fines for non-compliance rise up to £30,000.
Landlords of privately rented accommodation must:
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Ensure the electrical installations in their rented properties are inspected and tested by a qualified and competent person at least once every five years
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Obtain a report from the person conducting the inspection and test which gives the results and sets a date for the next inspection and test
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Supply a copy of this report to the existing tenant within 28 days of the inspection and test
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Supply a copy of this report to a new tenant before they occupy the premises
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Supply a copy of this report to any prospective tenant within 28 days of receiving a request for the report
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Supply the local authority with a copy of this report within 7 days of receiving a request for a copy
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Retain a copy of the report to give to the inspector and tester who will undertake the next inspection and test
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Where the report shows that remedial or further investigative work is necessary, complete this work within 28 days or any shorter period if specified as necessary in the report
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Supply written confirmation of the completion of the remedial works from the electrician to the tenant and the local authority within 28 days of completion of the works
If a private tenant has a right to occupy a property as their only or main residence and pays rent, then the Regulations apply. This includes assured shorthold tenancies and licences to occupy. For ‘statutory periodic tenancies’ – where on expiry of the fixed term the tenancy rolls over into a periodic tenancy automatically by statute (rather than by contract) – the periodic tenancy will be a new tenancy.
If private rented premises are found in contravention of this Act eg: remedial works are not completed or no certificate exists, then the Council has a duty to serve a remedial notice specifying the required action to be taken by the Landlord in the next 28 days.
Should a landlord not comply with the notice, the local authority may arrange for remedial action to be taken themselves. The local authority can recover the costs of taking the action from the landlord. The landlord has the right of appeal against a demand for costs.
Councils may also impose a penalty following failure to comply with the remedial notice via a ‘civil penalty’ (as per Housing Act 2004 and Housing and Planning Act 2016) of up to £30,000.
Visit Electrical Safety First for advice for landlords and tenants.
Private Sector Housing Enforcement and Licensing Policy
Smoke and carbon monoxide alarm
Private sector landlords are required to:
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Ensure at least one smoke alarm is installed on every storey of their properties where there is a room used as living accommodation. This has been a legal requirement in the private rented sector since 2015.
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Ensure a carbon monoxide alarm is installed in any room used as living accommodation which contains a fixed combustion appliance (excluding gas cookers).
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Ensure smoke alarms and carbon monoxide alarms are repaired or replaced once informed and found that they are faulty.
These requirements are enforced by local authorities who can impose a fine of up to £5,000 where a landlord fails to comply with a remedial notice. Regulation 13 requires a local Housing Authority to prepare and publish a statement of principles which it proposes to follow in determining the amount of penalty charge.
There are some exceptions to this requirement including live in landlords and Housing Associations.
Please note that in some instances, such as where the local authority has assessed a Category 1 Hazard for Fire under the Housing Act 2004 , Housing Health and Safety Rating System and non- licensable HMO's, further works supplementary to battery alarms may be required. These could include mains wired smoke and heat alarms under BS5839 (as per LACORs Fire Safety Guide ).
Government guide on smoke and carbon monoxide alarms.
Damp, mould and condensation
One of the most frequent problems encountered in the home is damp, which can lead to mould.
Mould is a natural organic compound that develops in damp conditions and will grow on damp surfaces. This is often noticeable and present in situations where damp or condensation is present. The long-term solution to avoiding severe mould is to eliminate dampness
Residents living in homes with damp and mould may be more likely to have respiratory problems, allergies, asthma, and other conditions that impact on their immune system. It may also have an impact on mental health if left untreated.
Causes of damp
There are three major causes of damp, which each require a different remedy. Damp occurs when a fault in the building’s basic structure lets in water from outside.
Penetrating damp
This can affect almost anywhere in the home and is usually the result of a building or plumbing fault allowing water coming in through the walls or roof, or through cracks. It can be identified by a discolouration of internal walls or ceilings, the presence of tidemarks, blown or blistered plaster and rusted nails in skirting boards and floor timbers.
Causes include
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Defective components – for example, external wall doors and windows, roof coverings
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Defective or blocked rainwater gutter and pipes
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Defective or leaking internal waste pipes, hot and cold water and heating systems
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Water ingress through brickwork, leaks or defective design of the structure
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Flooding – for example, due to burst pipes
Rising damp
This occurs if there is a problem with the damp proof course. This is a barrier built into floors and walls to stop moisture rising through the house from the ground. The usual evidence of rising damps a ‘tide mark’ on the walls that shows how high it has risen and sometimes an accompanying musty smell. Rising damp can affect any wall in contact with the ground and therefore can affect internal as well as external walls. It does not normally rise above about 1 metre (3ft) in height.
Construction damp
This is where damp is caused by a problem in how the property was designed.
Cold Bridging is an area of the home which has a significantly higher heat transfer than the surrounding area. This is typically where there is either a break in the insulation, less insulation or the insulation is penetrated by an element with a higher thermal conductivity. During colder periods this can result in additional heat loss at these points. Further, there is a greater risk of condensation forming, which can lead to mould growth. Areas where commonly cold bridging can occur are; window and door openings, lintels, cavity walls, floors, flat and pitched roofs.
Condensation
Condensation occurs when the moisture in the air gets cooler and tiny water droplets appear on surfaces.
There is always some moisture in the air, even if you cannot see it. If the air gets colder it cannot hold all the moisture and tiny drops of water appear. This is condensation. Condensation occurs mainly during cold, it appears in places where there is little movement of air for example in corners, north facing walls on or near windows, in or behind wardrobes and cupboards. If left untreated, mould will begin to grow.
Causes of condensation may be due to:
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Excess humidity – for example, pans do not have lids on when cooking and drying washing inside the property without adequate ventilation
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Ventilation – for example, windows are not opened, trickle vents are closed, extractor fans are not used, furniture is placed too close to external walls
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Inadequate heating
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Defective insulation i.e. dislodged insulation in lofts
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Overcrowding
Advice to help reduce condensation in the home
Tenants can take a number of steps to prevent and reduce condensation building up in their homes such as:
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Managing humidity levels in the home and maintaining a healthy humidity level of between 40-60%. This can be achieved by keeping levels of moisture to a minimum for example, covering pans when cooking, drying washing outside and keeping the kitchen or bathroom door closed when cooking or bathing
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Adequately heating rooms – ideally between 18 and 22C
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Keeping the property well ventilated, for example, opening windows when cooking or bathing, turning on and ensuring that the extractor fan is working, keeping trickle vents in windows open, and allowing air to circulate around furniture