Accommodation certificates (fitness for human habitation)

The legislation covering unfit houses was replaced in April 2006 under the Housing Act 2004. The system is the Government's new approach to evaluate the potential risks to health and safety from any deficiencies identified in dwellings.

The Housing Health and Safety Rating System (HHSRS) is not a standard but consideration must be given to the likelyhood of occurrence that could cause harm and the probable severity of that harm to the vulnerable groups likely to occupy the dwelling.

Any dwelling house is deemed fit for human habitation unless it fails to meet one or more of the following requirements and by reason of that failure is not reasonably suitable for occupation.

The requirements

The requirements used to determine fitness for habitation are:

• it is structurally stable;
• it is free from serious disrepair;
• it is free from dampness prejudicial to the health of the occupants (if any);
• it has adequate provision for lighting, heating and ventilation;
• it has an adequate piped supply of wholesome water; there are satisfactory facilities in the dwelling
• for the preparation and cooking of food, including a sink with a satisfactory supply of hot and cold water;
• it has a suitably located water closet for the exclusive use of the occupants (if any);
• it has, for the exclusive use of the occupants (if any), a suitably located fixed bath or shower and a wash hand basin each of which is provided with a satisfactory supply of hot and cold water; and
• it has an effective system for the draining of foul water and surface water.

In deciding whether the dwelling house is fit or not, the authority should determine for each of the statutory requirements in turn and what would be the Most Satisfactory Course of Action (MSCA) . The authority must decide on the following if the property was found to be unfit:

• A repair notice
• a closing order
• a demolition order
• include the property in a clearance area or

Deferred Action

There is a set procedure to be followed by the council in deciding the most satisfactory course of action.

Before the Authority take any statutory action it must consult with all parties with an interest in the property unless, it is an emergency. The process is called a 'Minded to'

Repair notice

A repair notice would specify the works required to remedy the particular defect(s) that do not meet the requirement(s). It would specify a reasonable time by which the works must be started and completed by. If the owner fails to carry out the required work the Council may carry out the work in default and/or prosecute the owner.

Works could include repair or replacement of a damp proofing course (Dpc), repair or replacement of windows, roof or the provision of suitably located WC or Bath. The defects must be to the extent to make the whole dwelling unfit and unreasonable to be occupied.

Deferred Action

Deferred Action - the Council has a duty under the Housing Act to deal with unfit dwellings however the Authority could defer action if it considers that the owner (normally an owner occupier) has the ability to fund the repair, advice available locally, their health , and any strategic financial plans the Council have for the near future, for example money may become available in the form of grant aid in the next year budget .

Closing order

A closing order may be served if it was found that repairing the dwelling was not the most satisfactory course of action - however this decision would not be taken lightly since the Authority would have to consider the occupier, owner or is the building listed.

Demolition order

As above the same considerations apply and a Demolition order may be the most satisfactory course of action when dealing with defective property and to rebuild would be more financially viable .

Clearance area

The Authority may want to use this power where a more strategic approach was needed to deal with the wider neighbourhood with degree of concentration of unfit premises within the area. There is a very detailed procedure to go through which includes consulting those people who will be affected by the decision.