Summary
The Housing Act 2004 introduced a comprehensive system for assessing housing conditions through the Housing Health and Safety Rating System (HHSRS), replacing the old fitness standard. It established mandatory and additional licensing schemes for houses in multiple occupation (HMOs), created Home Information Packs (later abolished), and reformed the right to buy for housing association tenants. The Act significantly strengthened local authority powers to enforce housing standards.
Key Points
- Housing Health and Safety Rating System (HHSRS) replaced the fitness standard (Part 1)
- Mandatory licensing for large HMOs of three or more storeys with five or more occupants (Part 2)
- Additional and selective licensing schemes for other HMOs and private rented properties (Part 2–3)
- Management orders allowing local authorities to take over management of poorly-run properties (Part 4)
- Empty dwelling management orders for long-term empty properties (s.132–s.138)
- Tenancy deposit protection schemes for assured shorthold tenancies (s.212–s.215)
- Penalties of up to £30,000 for failure to licence an HMO (later increased by Housing and Planning Act 2016)
Parts & Sections
Amendments History
2016 — Housing and Planning Act 2016
Extended mandatory HMO licensing, introduced civil penalty notices of up to £30,000 as an alternative to prosecution, and created banning orders for rogue landlords.