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07 October 2008
Home / Housing / Properties in disrepair

Properties in disrepair

The Housing, Health and Safety Rating System
Making a complaint where a property is not in reasonable repair

Making a complaint where a property is 'filthy or verminous'
What information will the Council require when I contact them?
How long will I have to wait for a response to my complaint?
What can I do if I am not satisfied with the way in which my complaint is handled?

The Housing, Health and Safety Rating System

A property should be safe and healthy for occupiers and potential visitors. The method for assessing housing conditions is the Housing, Health and Safety Rating System (HHSRS) which came into force on 6 April 2006 under Part 1 of the Housing Act 2004. The HHSRS replaces the Housing Fitness Standard, which was set out in the Housing Act 1985. Unlike the Housing Fitness Standard, the HHSRS is not a 'standard' but a risk assessment-based tool to assess potential risks to the health and safety of occupants in residential properties.

There are 29 hazards available for assessment under the HHSRS including Excess Cold, Uncombusted Fuel Gas, Crowding and Space and Fire. The assessment will show the presence of any serious (category 1) hazards and other less serious (category 2) hazards.

For further details on the HHSRS, please click the following link to download a copy of a guide produced by the Department for Communities and Local Government (DCLG) - Guide for Landlords & Property Related Professionals ( PDF 1882K file details). 

Click the following link - The Effect of the Defect ( PDF 300K file details) - to download an information sheet that provides more information on the 29 hazards covered by the HHSRS.


Making a complaint where a property is not in reasonable repair

Initially the Council would expect you to give the owner or landlord of the property an opportunity to assess the problem and to take action to rectify it. It is possible for the Council to offer advice and assistance at an earlier stage, particularly if the problem is a serious one.

When we receive a complaint, an officer from the Private Sector Housing team will visit the property and carry out a HHSRS inspection to assess the nature and extent of the problem and determine what action may be required.

If there is no immediate risk to health, safety or welfare, the Council may decide to write to the owner informally to seek their cooperation in carrying out the necessary works.

If the matter cannot be resolved informally the Council may take formal action by serving a notice on the owner or their managing agent asking them to carry out the work within a reasonable amount of time. In some cases a landlord may appeal against the notice. In this case a notice may be suspended pending a court hearing.


Making a complaint where a property is 'filthy or verminous'

The Council also receives complaints concerning filthy or verminous properties. A property may be filthy and verminous if there are large amounts of rubbish or materials with mice or rats present. The Council's investigation will usually involve discussions with the Social Services Department from Kent County Council who will address any welfare issues.


What information will the Council require when I contact them?

This should include:


How long will I have to wait for a response to my complaint?

If you contact the team by telephone, it is usually possible for you to speak to a team member although this may not be the person who will be dealing with your complaint.

Complaints are prioritised depending on their urgency. For example, a defective and possibly dangerous electrical installation would be given immediate attention whereas a condensation complaint would be a lower priority.

Generally we respond to urgent complaints within two or three working days and routine, non-urgent complaints within 10 working days. These timescales are for general guidance and may be affected by seasonal demand and caseload.

Any Housing complaints relating to disrepair or where a property is 'filthy or verminous' should be directed to the Private Sector Housing Team. Please click here for contact details.


What can I do if I am not satisfied with the way in which my complaint is handled?

In the first instance you may contact the Service Manager, Private Sector Housing to discuss your concerns or, if you prefer, the Community and Planning Services Director. You may also wish to make a formal complaint using the Council's complaints procedure.