Explanatory Notes

Housing Act 2004

2004 CHAPTER 34

Thursday 18 November 2004

Commentary on Sections

Part 1 - Housing Conditions

Chapter 1 - Enforcement of Housing Standards: General
Section 1: New system for assessing housing conditions and enforcing housing standards

51.Section 1 introduces a new system for assessing housing conditions that is to be used in the enforcement of housing standards. It replaces the existing system which is based on a test of fitness for human habitation under section 604 of the Housing Act 1985 (the 1985 Act).

52.Subsection (2) provides for the new system to operate by reference to the existence of category 1 or category 2 hazards (defined in section 2) in residential premises.

53.Subsection (3) sets out the enforcement options which will be available to LHAs under the Act. These options are dealt with in more detail in Chapters 2 and 3 of Part 1, and in provisions of the 1985 Act which are substituted by Chapter 4 of Part 1.

54.Subsections (4) to (8) define some of the terms used in Part 1.

55.The purpose of the Housing Health and Safety Rating System (HHSRS) introduced by section 1 is to apply objective information to the taking of enforcement decisions by LHAs.