The Housing Act 2004 replaced The Housing Act 1985. It introduced a new way of assessing the condition of properties.
Housing Health and Safety Rating System (HHSRS)
Extends powers currently available to Local Authorities to tackle poor housing conditions. HHSRS assesses the condition of homes. It prioritises action based on the severity of the hazard.
It comprises of two categories, which incorporate 29 classes of hazard.
- Category one hazards - local authorities must take action or make a landlord take action.
- Category two hazards - local authorities have discretionary powers to act.
The Licensing of Houses in Multiple Occupation (HMO)
The Act introduces a mandatory national licensing scheme for larger high risk HMO’s.
A Licensable HMO is one occupied by 5 or more people and they share a kitchen, bathroom or toilet.
The Act also gives powers to extend licensing to other types of property:
Additional Licensing - other types of HMO
Selective Licensing - other private rented properties in specific areas.
This is all subject to carrying out consultation and getting the relevant approvals.
Other control provisions in relation to residential properties
Local Authority are able to take over the management of long-term empty properties.
Within the new Act there are also provisions for:
- Production of a home information pack before marketing any residential property for sale.
- An ombudsman scheme for estate agents.
- Changing the right to buy scheme.
- Strengthening the rights of park home owners.
- Allows the Housing Corporation to give social housing grants to non-registered social landlords.
- Enabling local authorities to secure occupation of long-term empty private sector homes.
- Establishes tenancy deposit schemes safeguarding deposits paid in connection with assured shorthold tenancies.
- Assessing the accommodation needs of Gypsies and travellers in their area.
- Tackling anti-social behaviour in social housing.
- Allow occupiers of caravans to apply for a disabled facility grant