John Healey has announced new powers for local councils to manage the unplanned spread of Houses in Multiple Occupation (or an HMO) in towns and cities.
This is very welcome news for the future of our area and especially for tenants. BUT... Local authorities have had extensive powers for years now with the revised housing act 2004.
My question is... have Haringey Council used these powers effectively and to their full extent?
This is a document that explains it very simply - I purposely produced this some years ago to give to Landlords approaching us with their properties to let.
Housing Act 2004
The chances are, you may never have heard of this, or have no idea on how this could affect you as a private Landlord.
What Is It?
Housing Health and Safety Rating System (HHSRS) was introduced because of some extensive research by the Warwick law society. The research highlighted that the old ‘Fitness Standard’ system excluded many hazards that affected health and safety in housing.
The Office of the Deputy Prime Minister (ODPM) subsequently used these findings to develop the concept of a ‘risk assessment’ approach for housing. The goal was to introduce a new evidence based risk assessment system for assessing housing conditions that would cover much wider range of potential hazards. HHSRS was put forward in the Housing act 2004 and subsequently came into force on April 6th 2006.
HHSRS provides the basis for local authorities to make enforcement decisions that were not possible under the old ‘Fitness Standard’ system. The new HHSRS is a system that must be used by local authorities before any decisions about formal enforcement can be made.
HHSRS is very different from the old ‘Fitness Standard’ as it does not set out minimum standards. It is all about eliminating or minimising potential hazards within housing. It is all about ensuring a healthy and safe environment for all potential occupiers and visitors to the property. HHSRS is also different because it not only covers the building’s interior and exterior but the Gardens, paths and any out buildings.
How Does It Affect You?
It is important to note that HHRS is applicable to ALL residential properties. This includes the house in which you live. However, because owner-occupiers have more control over the house in which they live, the local authorities are not likely to target them under HHSRS.
It is mainly the private rented sector that will be most affected and possibly targeted by local authorities under HHSRS. There are two main reasons why private Landlords will be the main target under HHSRS.
1. The first reason is that it is estimated that 48% of all privately rented housing would be judged unacceptable under HHSRS.
2. The tenant has less control over their dwelling than an owner-occupier does. Therefore, it is the Landlord’s new obligation to inspect and identify potential hazards that could or would be highlighted under a formal HHSRS inspection. The Landlord then needs to take the appropriate remedial action to either eliminate or minimise the hazards.
The government have given local authorities special enforceable powers under HHSRS to ensure that housing within their borough or jurisdiction is, judged a safe and healthy place to live. Therefore, it is important for any private sector Landlord to be aware of this.
It is clear that with the introduction of HHSRS the level of tolerance regarding health and safety matters, has been tightened and therefore exposes the private landlord to new levels of personal liability and business risk (if no action is taken). There is now the added burden of responsibility on Landlords to prove ‘due diligence’ towards health and safety matters in their rented accommodation.
What's the point of having special powers and not using them?
Would Superman 'walk' upon hearing a cry for help? No way... he used his special powers and 'flew' to help his community. Please tell me if you think I am being harsh here!
I do appreciate that some of these powers may differ, I would just like to see them used.
On one hand the council (Labour run, so keep that in mind) have a long list of families needing accommodation and on the other hand have land-owners complaining about HMOs. I can see where their sympathies lie but in much the same way as I bet they're mad with Tony Blair for not following the rules over going to war in Iraq no matter how right he thought he was, they're doing the wrong thing here too.
Permalink Reply by matt on February 2, 2010 at 15:00
HMOs in a neighbourhood with family housing erodes the quality of the neighbourhood, making it much more prone to further housing churn and degradation. I don't want to live next to a house with a bunch of unknown tenants who get drunk and fight with the wheelie bin while dressed in their underpants. Really, I don't. I don't mind if the house is rented out to a family, or a couple of couples sharing it, but that kind of usage is completely different to a 3-bed house having locks put on each bedroom door, one on the living room door and it being let out to 6 people coming and going at all hours.
Agree that it's not ideal that a living room be turned into a bedroom. No one wants to live that way. High rents however can force people to live this way.
Most of us have lived at some point in one or more house or flat share situations. Often these are affordable and ideal ways for people in their twenties and older to live in. Do you/others call these HMOs? Do all people ('bunch of unknown tenants') who live within HMOs/shared housing 'get drunk and fight with the wheelie bin while dressed in their underpants.'? Of course they don't. It's this sort of us and them approach I object to.
Btw, Harringay is not a designated 'family zone'. If you are trying to achieve that you're wasting your time. If you're looking for 'community cohesion' you need to see this aspiration from different viewpoints, not just a family one.
Permalink Reply by matt on February 2, 2010 at 16:49
Yes, agree with you regards empty housing needing to be brought into use Michelle. Unfortunately this govt has done very little to alleviate the housing problem. The council says it has started to bring back more empty homes into use but it is going at a snails pace.
Nothing to do with the election, Michelle. A lot of us have been banging on about this for several years.
For example both local residents and local councillors have been pressing for action on this pair of houses at 97-99 Philip Lane. (Another photo with more information.)
English Heritage were involved and the Council tried hard to work with the owner to reinstate them. The Compulsory Purchase process was started by Cllr Isidoros Diakides when he had the housing portfolio.
As you know, I share your frustration about lack of drive and coordination among senior officers on Enforcement and related issues. I have high hopes of the new Chief Executive who - thankfully - starts on 1 March.
(Labour councillor & prospective candidate Tottenham Hale)
Permalink Reply by matt on February 28, 2010 at 11:00
Re: 97-99 Philip Lane
Never understood Alan why that beautiful large property has been allowed to decay and all through the decade of booming prices as well. Do you know where the Compulsory Purchase process has got to with this property? Who owns it and why they've let it get to this state of decay?!
I don't know who now owns it, Matt. From the planning history, it's clear that the owner(s) wanted it demolished. To their credit, neither our planning officers nor English Heritage were prepared to let this happen. Local residents and the Tottenham Civic Society have strongly protested as well.
By the way, I'm not the ward councillor or a "cabinet" member, so my interest - like yours - is simply concern for a handsome building and the sheer waste of homes. In this case, within a conservation area.
The last time I got a briefing was on 7 January. Please see my photoblog here. As you'll appreciate, the task is not just Compulsory Purchase, but a reinstatement/rebuilding plan which works financially and creates homes.
(Labour councillor & prospective candidate Tottenham Hale)
I'd also like to know the answers to all these questions, Michelle. If you'd please email me the addresses and relevant details, I'll send in a set of "Member Enquiries" and we'll find out.