Housing Act 2004 (HHSRS framework)
What this means for your business
- Applies to
- United Kingdom
- On this page
- 22 compliance obligations, 4 practical guides
What you must do
22 compliance obligations under this legislation — 1 can result in imprisonment.
Management duties 4
Comply with overcrowding notice for HMO
Unlimited fineIf you get an overcrowding notice for your houseāināmultipleāoccupation, you must stop letting any bedroom be used for sleeping beyond the limits set in that notice, and you must ensure that oppositeāsex occupants who are not married or civil partners do not share a bedroom (children under 10 are ignored). In practice you need to control who sleeps where and keep records to prove youāre meeting the notice conditions.
Ensure all housing documents you provide are genuine
Unlimited fineWhen you give any housingārelated paperwork ā such as Home Information Packs, Energy Performance Certificates, safety certificates or other documents required under the Housing Act ā you must be sure they are authentic and have not been altered or fabricated. Your business must check the source, keep originals or certified copies, and only supply genuine documents to tenants, buyers or authorities.
Obtain and keep a licence (or notification/application) for any HMO that requires one
If you let a House in Multiple Occupation that falls under the licensing rules, you must either hold a valid licence, have given the required notification, or have an active licence application. Failing to do so can lead to a rentārepayment order, meaning you may have to pay back housing benefit, universal credit or rent that tenants received.
Prevent new resident overāoccupancy and mixedāsex bedroom use
Unlimited fineIf you receive an overcrowding notice for your HMO you must stop any new tenant from moving into a room that exceeds the limits set by the notice. You also must not let oppositeāsex people who arenāt a married couple or civil partners share a bedroom (children under 10 are ignored). Check each new resident before they move in and keep the occupancy within the noticeās limits.
Notifications 1
Notify the local authority of your interest in a property
When the local housing authority needs to serve a notice about a property, you ā as the owner, landlord, leaseholder or anyone who controls or manages the premises ā must tell the authority that you have an interest in that property. The authority will then record your notice and, if they cannot identify you, they can serve the document by leaving it at the premises.
Payments and fees 1
Pay rent repayment if ordered for operating an unlicensed house
If you let a house that should have a licence but doesnāt, the local authority can apply for a rent repayment order. If a tribunal grants the order, you must repay the housing benefit or universal credit that was paid for the unlicensed property.
Offences and prohibitions 14
Be liable for a corporate housing offence through consent, connivance or neglect
If your company commits an offence under the Housing Act and you, as a director, manager, secretary or similar officer, gave consent, turned a blind eye or were negligent, you will be treated as having committed the offence yourself as well as the company. You can be prosecuted and face the same penalties that apply to the corporate offence, which may include unlimited fines and possible imprisonment.
Fail to comply with an overcrowding notice
Fine up to Ā£2,500If you own, control or manage a houseāināmultipleāoccupation (HMO) that is not licensed under PartāÆ2 and you receive an overcrowding notice from the local authority, you must follow it. Ignoring the notice ā i.e., letting the excessive number of occupants continue ā is a criminal offence. On conviction in the magistratesā court you face a fine of up to Ā£2,500, although you can defend yourself by showing a reasonable excuse.
Fail to comply with a prohibition order
Unlimited fineIf you know a local authority has issued a prohibition order for a property and you either use that property yourself or let someone else use it, you are committing an offence. On conviction you will be fined ā up to an unlimited amount on the standard scale and an additional Ā£20 for each day the breach continues after the courtās decision.
Fail to comply with court order to allow action on premises
Fine up to Ā£20If a local authority has a court order requiring you ā as the occupier, owner, manager or licenceāholder of a property ā to let them carry out work (e.g., to fix a hazard after an improvement notice or prohibition order) and you deliberately block them, you commit an offence. On conviction in the Magistratesā Court you can be fined up to Ā£20 for each day the breach continues, unless you can show a reasonable excuse.
Fail to comply with court order to allow entry for remedial work
Unlimited fineIf a magistrates' court orders you to let the local housing authority enter your property to carry out work under a management order, and you refuse or block them, you commit an offence. A conviction in the magistrates' court results in an unlimited fine.
Fail to comply with HMO management regulations
Unlimited fineIf you manage a house in multiple occupation (HMO) and do not meet the management standards set by the regulations ā for example failing to keep the property clean, in good repair, or to maintain facilities ā you commit an offence. On conviction in the magistratesā court you face a fine up to level 5 on the standard scale (unlimited). You can plead a reasonable excuse as a defence.
Fail to comply with improvement notice
Unlimited fineIf a local authority serves you with an improvement notice under the Housing Act 2004 and you do not carry out the remedial work it specifies, you commit a criminal offence. The offence is tried in the Magistrates' Court and can result in an unlimited fine, although you may raise a reasonable excuse as a defence. The requirement to complete the work remains even after the deadline, so any delay or failure to finish still breaches the offence.
Fail to comply with information notice
Unlimited fineIf a local authority serves you a notice under sectionāÆ235 requiring you to produce certain documents and you do not supply them, you commit a criminal offence. On conviction you face an unlimited fine (levelāÆ5 on the standard scale) and the case is dealt with in the magistrates' court.
Harass or withhold services to mobileāhome occupiers
2 years imprisonmentIf you own (or act for) a protected caravan site and you do anything likely to disturb the peace or comfort of a mobileāhome occupier, or you repeatedly withdraw or withhold essential services, you commit a criminal offence. On conviction you can be fined an unlimited amount and may be jailed ā up to 12 months on a summary trial or up to 2 years on indictment. The offence can be tried either in the Magistrates' Court or the Crown Court.
Obstruct a local housing authority officer
Fine up to Ā£2,500If you prevent or interfere with a housing officer or anyone authorised by the local authority from carrying out their duties (for example, by refusing entry to premises), you commit a criminal offence. A reasonable excuse can be used as a defence, but without one you can be prosecuted. On conviction in the Magistrates' Court you face a fine of up to Ā£2,500.
Obstruct or assault enforcement officer
If you or anyone acting for your business assaults, threatens, or hinders a localāauthority enforcement officer who is carrying out housing standards inspections, you commit a criminal offence. Conviction can lead to a fine and/or a term of imprisonment.
Operate HMO without licence or breach licence conditions
Unlimited fineIf you control or manage a houseāināmultipleāoccupation that must be licensed but you do not have a licence, let more occupants than the licence allows, or fail to follow a licence condition, you commit a criminal offence. The local authority can bring the case in the magistrates' court and you could be ordered to pay an unlimited fine. Defences are available if you have a pending licence application or a reasonable excuse for the breach.
Operate house without required licence or breach licence conditions
Unlimited fineIf you manage or control a house that must have a licence under the Housing Act and you do not obtain it, or if you hold a licence and fail to follow any of its conditions, you commit a criminal offence. On summary conviction you face an unlimited fine. The case is dealt with in the Magistrates' Court.
Supply false or misleading information to a local housing authority
Unlimited fineIf you knowingly or recklessly give false or misleading information to a local housing authority ā either directly or via someone else ā you commit a criminal offence. The offence is tried in the magistrates' court and can result in an unlimited fine. No imprisonment is prescribed for this breach.
Record keeping 2
Prepare a Home Information Pack for property sales
If you are selling a residential property, you must compile a Home Information Pack (HIP) before you market the home. The pack contains key details such as the Energy Performance Certificate, council tax band, service charges and any known hazards. You need to have the pack ready so it can be supplied to prospective buyers on request.
Provide Home Information Pack when requested
If you are a landlord or seller, you must give a copy of the Home Information Pack to anyone who asks for it ā usually a prospective buyer or tenant. This means keeping the pack upātoādate and ready to hand over as soon as a request is made.
Penalties for non-compliance
17 penalties under this legislation. 1 can result in imprisonment. 12 carry an unlimited fine.
Harass or withhold services to mobileāhome occupiers
Unlimited fine and/or 2 years imprisonment
Comply with overcrowding notice for HMO
Unlimited fine
Ensure all housing documents you provide are genuine
Unlimited fine
Prevent new resident overāoccupancy and mixedāsex bedroom use
Unlimited fine
Fail to comply with a prohibition order
Unlimited fine
Fail to comply with court order to allow entry for remedial work
Unlimited fine
Fail to comply with HMO management regulations
Unlimited fine
Fail to comply with improvement notice
Unlimited fine
Fail to comply with information notice
Unlimited fine
Operate HMO without licence or breach licence conditions
Unlimited fine
Operate house without required licence or breach licence conditions
Unlimited fine
Supply false or misleading information to a local housing authority
Unlimited fine
Fail to comply with an overcrowding notice
Fine up to Ā£2,500
Obstruct a local housing authority officer
Fine up to Ā£2,500
Fail to comply with court order to allow action on premises
Fine up to Ā£20
Be liable for a corporate housing offence through consent, connivance or neglect
Penalty applies
Obstruct or assault enforcement officer
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Making rental properties fit for tenants
How private landlords in England must ensure their properties are fit for human habitation. Covers the implied covenant, HHSRS hazards, ā¦
Specialist hospitality licences and permissions
Gaming machines, civil wedding venues, tourist accommodation registration, HMO licensing and other specialist permissions for hospitality businesses with specific activities ā¦
Protect tenant deposits within 30 days
Legal requirement to protect tenant deposits with government-approved scheme within 30 days. Covers deposit protection deadlines, deposit amount limits, and ā¦
Accommodation regulations for hotels, B&Bs, and short-term lets
Comprehensive guide to UK accommodation regulation covering tourist accommodation registration, short-term lets rules, fire safety for sleeping accommodation, HMO licensing, ā¦
Sections and provisions
302 classified provisions from this legislation.
Duties 33
- s.3 Local housing authorities to review housing conditions in their districts action that may need
- s.4 Inspections by local housing authorities to see whether category 1 or 2 hazards exist
- Schedule 6 Management orders: procedure and appeals
- s.13 Contents of improvement notices part of it is
- s.20 Prohibition orders relating to category 1 hazards: duty of authority to make order authority
- s.22 Contents of prohibition orders
- s.26 Review of suspended prohibition orders
- s.41 Notice of emergency remedial action
- s.44 Contents of emergency prohibition orders
- s.57 Designations under section 56: further considerations The authority
- s.59 Notification requirements relating to designations
- s.66 Tests for fitness etc. and satisfactory management arrangements
- s.70A Duty to revoke licence in banning order cases The revocation
- s.73 Other consequences of operating unlicensed HMOs: rent repayment orders they
- s.81 Designations under section 80: further considerations The authority
- s.83 Notification requirements relating to designations
- s.89 Tests for fitness etc. and satisfactory management arrangements
- s.93A Duty to revoke licence in banning order cases The revocation
- s.96 Other consequences of operating unlicensed houses: rent repayment orders they
- s.115 Local housing authorityās duties once final management order in force
- ... and 13 more duties
Offences and penalties 15
- s.30 Offence of failing to comply with improvement notice
- s.32 Offence of failing to comply with prohibition order etc.
- s.35 Power of court to order occupier or owner to allow action to be taken on premises
- s.72 Offences in relation to licensing of HMOs
- s.95 Offences in relation to licensing of houses under this Part
- s.131 Management orders: power of entry to carry out work
- s.139 Service of overcrowding notices
- s.169 Offences relating to enforcement officers
- s.210 Extension of protection from harassment for occupiers of mobile homes
- s.234 Management regulations in respect of HMOs
- s.236 Enforcement of powers to obtain information
- s.238 False or misleading information
- s.241 Penalty for obstruction
- s.251 Offences by bodies corporate
- Schedule 13A Financial penalties under section 249A
Powers 90
- s.1 New system for assessing housing conditions and enforcing housing standards
- s.2A Power to set standards for qualifying residential premises
- Schedule 2 Procedure and appeals relating to prohibition orders
- s.2B Qualifying residential premises
- Schedule 3 Improvement notices: enforcement action by local housing authorities
- s.5 Category 1 hazards: general duty to take enforcement action
- s.6 Category 1 hazards: how duty under section 5 operates in certain cases
- s.7 Category 2 hazards: powers to take enforcement action
- Schedule 8 Reasons for decision to take enforcement action
- s.8 Reasons for decision to take enforcement action
- s.9 Guidance about inspections and enforcement action
- Schedule 10 Provisions relating to tenancy deposit schemes
- s.11 Improvement notices relating to category 1 hazards: duty of authority to serve notice
- s.12 Improvement notices relating to category 2 hazards: power of authority to serve notice
- s.14 Suspension of improvement notices
- s.15 Operation of improvement notices
- s.16 Revocation and variation of improvement notices
- s.17 Review of suspended improvement notices
- s.18 Service of improvement notices etc. and related appeals
- s.19 Change in person liable to comply with improvement notice
- ... and 70 more powers
Definitions 46
- s.2 Meaning of ācategory 1 hazardā and ācategory 2 hazardā category 1 hazard category 2 hazard hazard
- Schedule 4 Licences under Parts 2 and 3: mandatory conditions the house electrical installation
- Schedule 7 Further provisions regarding empty dwelling management orders legal lease Relevant expenditure enactment
- s.10 Consultation with fire and rescue authorities in certain cases emergency measures fire and rescue authority prescribed fire hazard
- s.23 Suspension of prohibition orders
- s.34 Power of tribunal to determine or vary lease
- s.56 Designation of areas subject to additional licensing
- s.61 Requirement for HMOs to be licensed
- s.64 Grant or refusal of licence
- s.77 Meaning of āHMOā HMO
- s.78 Index of defined expressions: Part 2
- s.85 Requirement for Part 3 houses to be licensed
- s.88 Grant or refusal of licence
- s.90 Licence conditions
- s.99 Meaning of āhouseā etc. dwelling house
- s.100 Index of defined expressions: Part 3
- s.104 The health and safety condition
- s.107 General effect of interim management orders
- s.108 General effect of interim management orders: leases and licences granted by authority legal lease enactment
- s.116 General effect of final management orders
- ... and 26 more definitions
Exemptions 29
- Schedule 5 Licences under Parts 2 and 3: procedure and appeals
- Schedule 9 New Schedule 5A to the Housing Act 1985: initial demolition notices
- s.33 Recovery of possession of premises in order to comply with order
- s.74 Further provisions about rent repayment orders
- s.75 Other consequences of operating unlicensed HMOs: restriction on terminating tenancies (England)
- s.75A Other consequences of operating unlicensed HMOs: restriction on terminating tenancies (Wales)
- s.76 Transitional arrangements relating to introduction and termination of licensing
- s.86 Temporary exemption from licensing requirement
- s.97 Further provisions about rent repayment orders
- s.98A Other consequences of operating unlicensed houses: restriction on terminating tenancies (Wales)
- s.98 Other consequences of operating unlicensed houses: restriction on terminating tenancies (England)
- s.101 Interim and final management orders: introductory
- s.106 Local housing authorityās duties once interim management order in force
- s.119 Management schemes and accounts
- s.133 Making of interim EDMOs
- s.136 Making of final EDMOs
- s.161 Power to provide for further exceptions
- s.180 Extension of qualifying period for right to buy
- s.181 Exceptions to the right to buy: determination whether exception for dwelling-house suitable for elderly persons applies
- s.182 Exceptions to the right to buy: houses due to be demolished
- ... and 9 more exemptions