13 July 2009

Dear Ms Gibb

I am writing in response to your request for information of 15 June about the Housing Act 2004. Your request has been considered under the Freedom of Information Act 2000. I can confirm that Communities and Local Government does hold the information that you have requested and that I am able to provide you with the following information regarding the Housing Health and Safety Rating System and the Housing Act 2004. The information on the issues that you have raised is in the public domain (on the Department's website http://www.communities.gov.uk/housing/) but in order to be helpful I have summarised the key points for you in this letter.

The Housing Act 2004 contained a number of measures to address housing conditions in the private sector. The Housing Health and Safety Rating System (HHSRS) was one of these measures. HHSRS is an evidence based-risk assessment tool which is based on the risk to the potential occupant who is most vulnerable to a hazard. Local authorities are able to take account of the vulnerability of the actual occupant in deciding the most appropriate course of action.

HHSRS assesses 29 categories of housing hazards, such as excess cold, electrical hazards, falls, fire, structural collapse etc as a tool to improve housing conditions across all tenure including the private rented sector. If a local authority considers that there is a serious (Category 1) hazard, it has a duty to take the most appropriate action.

An improvement notice under section 11 or 12 of the Act is a possible course of action on discovery of a category 1 or 2 hazard. Under section 11, action must as a minimum remove the hazard but may extend beyond this. In your letter you ask what the procedure is for claiming compensation regarding loss of property. An appeal can be made to as residential property tribunal against an improvement notice by the person on whom the notice was served. Any appeal must be made within 21 days from the service of the notice.

Maintaining privately-owned homes is primarily the responsibility of the owner. Nevertheless, local authorities have powers to assist vulnerable households living in the very worst conditions. Since the 2002 and the introduction of the Regulatory Reform Order, local authorities have had increased discretion to develop their own approaches for improving housing conditions in the private sector. The aim of these powers is to encourage local authorities to develop flexible approaches to respond to locally specific conditions, and to find ways to make their resources go further through the use of loans and equity release schemes.

Information on the HHSRS is all in the public domain and on CLG's website: http://www.communities.gov.uk/housing/rentingandletting/housinghealth/

The Housing Act 2004 also introduced a range of measures that seek to improve management standards and the condition of privately rented accommodation such as Houses in Multiple Occupation (HMOs) in order to help ensure greater protection to the health, safety and welfare of occupants of such properties generally. Private landlords who manage HMOs that are of three or more storeys, and that are occupied by five or more people who form more than one household, will require a licence from their local authority.

Section 72 makes it an offence punishable by a fine of up to £20,000 if a person controlling or managing an HMO does not have the required licence. However, no offence is committed by a person who has an outstanding application either for a licence or for a temporary exemption. An offence is also committed when a licence holder knowingly permits the HMO to be occupied by more persons than are permitted to occupy it under the licence. It is a defence for any of these offences if the person accused can demonstrate a reasonable excuse.

Section 245 provides that the appropriate national authority may allow a local housing authority to dispense with the service of a notice if it is reasonable to do so. Before giving a dispensation, the appropriate national authority must have regard to the need to ensure as far as possible that the interests of any person are not prejudiced by the dispensation.

Under section 239 of the Housing Act 2004 a local authority must give at least 24 hours notice to the owner (if known) and occupiers of a property before an inspection, unless it suspects an offence has been committed in relation to HMO licensing, or under HHSRS it is deemed that a category 1 hazard exists which involves an imminent risk of serious harm to the health and safety of any of the occupiers.

It is unclear from your correspondence as to the reason you have raised questions about sections 72 and 243 of the Housing Act 2004. The Department is however unable to comment on individual cases, and ultimately it is only a court of law that would be able to give a definitive view as to the interpretation of sections 72 and 243. This will be a matter for the courts to determine on a case by case basis.

You also refer to the appropriateness of local councils using the 1997 Harassment Act. A measure which was introduced to deal with people who pursue a course of conduct which amounts to harassment is the Protection from Harassment Act 1997. As originally enacted, the legislation was intended primarily to tackle stalking but the offence of harassment extends to any form of persistent conduct which causes alarm or distress (The 1997 Act, as amended by section 125 of the Serious Organised Crime and Police Act 2005, now includes provisions prohibiting behaviour which is intended to deter people from carrying out their lawful business. But those provisions are more relevant to the activities of, for example, animal rights extremists). It is for the courts to decide, on the facts of the case, whether the `course of conduct' (the conduct has to take place on more than one occasion) meets the test of the offence.

Section 1(1) of the Protection from Harassment Act 1997 provides that a person must not pursue a course of conduct which amounts to harassment of another, and which he knows or ought to know amounts to harassment of the other. Under section 2 of the Act, a person who pursues a course of conduct in breach of section 1(1) is guilty of an offence punishable with up to 6 months' imprisonment and/or a fine not exceeding £5,000. This offence will catch the sort of persistent conduct which, although it may not make the victim fear that violence will be used, nonetheless can have devastating effects.

Communities and Local Government as an organisation aims to be as helpful as possible in the way it deals with requests for information under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. If, however, you are not satisfied with the way in which your request has been handled or the outcome, you may request an internal review within two calendar months of the date of this letter. Information about the Department's review procedures and how to apply for an internal review of your case is contained on the Department's website at http://www.communities.gov.uk/corporate/foi/. This also explains your right to apply directly to the Information Commissioner for a decision in the event that you remain dissatisfied following the authority's review

If you have any queries about this letter, please contact the Department. Please remember to quote the reference number above in any future communications.

Yours sincerely

Communities and Local Government