Enforcement by Local Authorities
Local authorities have various powers under the Housing Act 2004 to take action against landlords concerning the condition of let residential properties. When a local authority exercises these powers, it will have regard to the statutory guidance which is the Housing Health and Safety Rating System Guidance (“HHSRS”). The HHSRS a risk-based evaluation tool to help local authorities identify and protect against potential risks and hazards to health and safety from any deficiencies identified in dwellings.
A local authority would usually inspect a property for hazards following a complaint made to it by a tenant. The local authority will inspect the property and identify whether any hazards exist, and what action it may decide appropriate to take against the landlord.
Enforcement action by local authorities can be appealed in the Tribunal if there are grounds to do so. Grounds to appeal enforcement action may include circumstances where repairs could not be carried out due to an obstructive tenant, or where the local authority have incorrect scored hazards.
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