Private Sector Housing

Brief Overview of the Act 2004

The Act 2004 was given Royal Assent on 18 November 2004 and will be implemented in stages over the next few years.

The Act will mean major changes to private sector and will also have an impact on private sector landlords and how they operate.

There are seven main parts of the Act. These are:

Part 1 - Conditions
Part 2 - Licensing of Houses in Multiple Occupation
Part 3 - Selective Licensing of Other Residential Accommodation
Part 4 - Additional Control Provisions in Relation to Residential Accommodation
Part 5 - Home Information Packs
Part 6 - Other Provisions
Part 7 - Supplementary and Final Provisions

General Information

Legislation requires the Council to deal with substandard and defective Housing. The Council's responsibilities for dealing with substandard is very much assisted by the grants policy.

The Section also licences caravan sites, controls unlawful encampments of Gypsies on privately owned land and promotes energy efficiency in domestic properties.

The HHSRS is a risk-based approach, designed to focus on the health impacts a property has on its occupants, rather than purely on building defects.

The system covers 29 different hazards, including fall hazards, electrical hazards, fire hazards, and inadequate provision for food safety.

The HHSRS applies to all residential properties, it is the main aim is to ensure that the property is in a safe condition for the occupants and visitors.

Properties are assessed using a scoring system to decide the likelihood of the risk occuring (e.g. some falling down stairs) and the likely outcome, based on the need for medical treatment.

Health & Safety Rating System Factsheet

Health & Safety Rating System - Guidance for landlords and property related professionals

Enforcement of Standards

The Council will respond to complaints or referrals of substandard and take action as appropriate. This includes inspections of private in connection with applications for Council accommodation.

Health and Safety Rating System - Enforcement

Advice and Information

The Council will provide advice and information to homeowners, tenants and landlords, on request or during routine inspections and produce a range of information leaflets.

Houses in Multiple Occupation (HMO's)

There is a legal requirement to identify and inspect certain types of HMO's to ensure satisfactory standards are maintained.

A HMO is a house or flat that is occupied, as a main residence, by more than one household, where occupiers share facilities such as kitchens, bathrooms and WCs. This would include for example, houses containing bedsits, a combination of bedsits and self contained flats where the bedsits share facilities, shared houses and hostels.

In addition, houses entirely converted into self contained flats not in strict compliance with the Building Regulations 1991 and occupied by less than two thirds owner occupiers are also HMOs.

Department for Communities and Local Government

National HMO Network Link

Which types of HMO need a licence?

Nationally, HMOs comprising of 3 or more storeys, occupied by 5 or more people in 2 or more households with some sharing of facilities must obtain a licence, this is a mandatory requirement of the Government.

If you are unsure of the status of your property, please contact the Private Sector section on the contact details given below.

Licences must be applied for by July 2006.

HMO Licensing Factsheet

HMO Licensing Application Form

Guidance notes for HMO Licensing

Is the building a HMO?

Is it a HMO? The standard test

Is it a HMO? The converted building test

Is it a HMO? The self-contained flat test

Certain converted blocks of flats

Buildings not classified as HMOs

Empty Homes

The Council will help owners bring empty homes back into productive use through various means including grant aid.

Private Landlords

The Council provides information and advice to landlords to help them maintain their property and produce a Landlord's Newsletter.

Caravan Sites

The Council licences and enforces standards at residential and touring caravan sites and will respond to complaints.

For a copy of the Register of Caravan Sites please contact the Council using the numbers below.

Unauthorised Gypsy Sites

We will deal with unauthorised encampments on privately owned land, working with the County Council Gypsy Liaison Officer and Police, and provide advice to landowners of their responsibilities in respect of unlawful encampments.

For a copy of the Policy on Gypsy Sites and Unauthorised Camping please contact the Council using the numbers below.

Shropshire County Council - Advice and help for travellers

Handyperson Scheme

We provide a Handyperson Scheme to help elderly persons (aged over 65) to carry out minor works to their home. A small charge is made for the service.

Handyperson Scheme