13. What other options are available?

Enforcement solely through the Housing Health and Safety Rating System (HHSRS)

The Housing Health and Safety Rating System (HHSRS)16 is the tool used by local authorities to assess a property and any disrepair within it and to fulfil its duties under the Housing Act 2004. Twenty-nine different hazards are detailed in the guidance which are categorised as:

Physiological requirements:

  • Damp and mould
  • Excess cold
  • Excess heat
  • Asbestos and Manufactured Mineral Fibres (MMF)
  • Biocides
  • Carbon Monoxide and fuel combustion products
  • Lead
  • Radiation
  • Uncombusted fuel gas
  • Volatile Organic Compounds

Psychological requirements:

  • Crowding and space
  • Entry by intruders
  • Lighting
  • Noise

Protection against infection:

  • Domestic hygiene, Pests and Refuse
  • Food safety
  • Personal hygiene, Sanitation and Drainage
  • Water supply

Protection against accidents:

  • Falls associated with baths, etc
  • Falling on level surfaces, etc
  • Falling on stairs, etc
  • Falling between levels
  • Electrical hazards
  • Fire
  • Flames, hot surfaces, etc
  • Collision and entrapment
  • Explosives
  • Position and operability of amenities, etc
  • Structural collapse and falling elements

The tool uses a risk level to likelihood of a hazard occurring ratio to produce a score which then dictates the level of intervention that can be utilised. Scores which identify a “Category 1 Hazard” require the local authority to undertake action and “Category 2 Hazards” which are identified give the local authority the discretion to take action.

Although HHSRS is an effective tool in regard to individual properties which can be used in all tenures and types of properties, undertaking enforcement action only using this process can sometimes be time-consuming, expensive and overly complicated and is better suited to individual properties (although also used in regard to HMOs). It is however used successfully by the council in dealing with disrepair issues and will still be used in combination with any additional licensing scheme. It is believed that using it as part of a wider scheme will be beneficial and provide faster results allowing for more proactive work to be undertaken in improving properties in the selected wards and being less reliant on improvements being made mostly through reactive work, that is, as a result of complaints from tenants. In addition,

HHSRS cannot be used to deal with antisocial behaviour or to improve the standards of management of buildings by the owners or managers.

One of the failings of this approach is that it must be acknowledged that many tenants, particularly the more disadvantaged, poorer and vulnerable will perceive a risk in complaining about the condition of their home and may be deterred from complaining due to the fear of retaliatory eviction. There is therefore likely to be under-reporting of deficiencies in the quality of private rented sector housing. Introducing additional licensing ensures that it is the responsibility of the landlord or freeholder to apply to be licensed and make any required improvements to their properties.

Between the introduction of the changed mandatory HMO licensing requirements in October 2018 until March 2023, the Private Sector Housing and Public Health team received more than 2000 service requests of which 800 related to damp and disrepair items in privately rented accommodation. Of these damp and disrepair service requests 154 were in River ward (378 total requests), 83 were in Hotham ward (216 total requests) and 138 were in Marine ward (343 total requests), the three highest totals of all the district’s wards. The next highest was Orchard ward with 54 damp and disrepair service requests (143 total requests).

During the same period (October 2018 to March 2023) service requests received in regard to HMOs were 61 in River ward, 32 in Hotham ward and 54 in Marine ward. For Orchard ward 32 service requests were received during this period, the next highest in the district. This supports the BRE Housing Stock Model Data results.

It should be noted that the number of service requests received in regard to any matter is lower than the numbers indicated in the BRE Housing Stock Model Data. This is because BRE’s findings are estimates based upon modelled data. The figures extrapolated by the BRE from their analysis are the number considered to be the overall total existing in the properties defined in their data, whether reported to the council or not, whereas the number of service requests received is the actual number reported to the council.

Continue only with mandatory HMO licensing

The local authority could continue with just the mandatory HMO licensing regime; however, this will only identify those properties which currently require a HMO licence and where the landlord makes an application. Unlicensed but licensable HMOs which are discovered or identified by the council’s private sector housing officers are subject to enforcement action as well as the submission of an application to obtain a licence. The number of three and four person HMOs and section 257 HMOs is very much higher than the number of mandatory licensable HMOs and certainly those properties which currently fall outside of a licensing scheme contain hazards, disrepair, lack of fire safety items, and suffer from overcrowding issues. HMO licensing is currently the only proactive private sector housing standards compliance work undertaken by the Private Sector Housing and Public Health Team.

Having an additional HMO licensing scheme in place takes a proactive approach to dealing with these properties rather than an almost purely reactive approach which is the case where disrepair, inadequate facilities and overcrowding are an issue, and which rely on a complaint or tip-off to bring them to the council’s attention. It would be unrealistic to think that an additional licensing scheme will eliminate all disrepair, overcrowding and other associated matters from the wards where the scheme is proposed. It should, however, help to significantly improve those areas and ensure that additional focus and action is taken to improve the accommodation provided in those areas and ensure they meet the required standards.

By having an additional licensing scheme in place, the quality of the accommodation can be assessed by the local authority and an inspection can take place without relying on the tenant to make a complaint, who might then be concerned that this could result in their illegal or retaliatory eviction.

Planning Article 4 Direction

A Town and Country Planning (General Permitted Development) Order 2015 Article 4 Direction may be made by a local planning authority in the UK. This serves to restrict permitted development rights, which means land or houses without planning permission which would usually be allowed under permitted development rights, are brought into the realms of planning consent. It does not in itself prohibit any action but means that a landowner is required to seek planning consent whereas without the direction this would not be necessary.

On the 18 January 2023, Arun District Council confirmed a non-immediate Article 4 Direction to remove permitted development rights for the change of use from a dwellinghouse (C3) to a house in multiple occupancy (C4). This came in to force on the 19 January 2023 for three wards within the district.

The area the Article 4 Direction applies to:

  • River ward in Littlehampton
  • Marine ward in Bognor Regis
  • Hotham ward in Bognor Regis

This means that a planning application is required to change the use of a dwelling house (use class C3) to a house in multiple occupation, that is shared houses occupied by between three and six unrelated individuals, as their only or main residence, who share basic amenities such as a kitchen, WC or bathroom.

Properties intended to be used as HMOs with more than six occupants were already subject to requiring planning permission, and this continues to be the case.

The Article 4 Direction is in wards where existing or future high concentrations of HMOs are considered likely to be harmful to the amenity or wellbeing of local residents and communities. As a result, the making of the Article 4 Direction ensures that the issues and impacts arising from this form of development can be properly assessed through planning policy.

Any house or flat with fewer than seven occupants that was already in multiple occupation use before the designation date can continue to be used as a HMO.

The Article 4 Direction only applies to HMOs that will be created from 19 January 2023 and is only in regard to the number and siting of future HMOs. It does not relate to the quality, repair and maintenance of those properties and so is only part of an overall strategy to improve the quality of accommodation provision and the overall community make-up of housing types in a particular area. The additional licensing scheme will help to achieve the council’s housing strategy aims in this regard.

More information on the council’s Planning Article 4 Direction can be found on the council’s website at https://www.arun.gov.uk/supplementary-planning-documents-spds/

Accreditation schemes

Arun District Council does run its own Landlord Accreditation Scheme in partnership with Chichester District Council (the “Chichester & Arun Landlord Accreditation Scheme”). This is a voluntary scheme whereby landlords can apply for their properties to be accredited and added to the council’s accredited property register.

Accreditation is the recognition that a landlord has voluntarily complied with the scheme standards relating to the condition and management of their properties. To join the scheme a landlords must be a 'fit and proper person', abide by the Code of Good Management, comply with the scheme’s standards and agree to accredit all their rented properties within the Chichester and Arun districts. 

A property inspection is undertaken and where required remedial works and/or improvements are needed, the landlord is advised. In most instances where a landlord applies to join the scheme, they wish to work with the local authority to reach the required standards and as a result they are compliant with undertaking and addressing matters that need attention. As a voluntary scheme, however, if they choose not to proceed with accreditation or after being given advice, they decide not to undertake the required remedial action, the local authority has to rely on enforcement under the Housing Act 2004 to address any issues. Although this type of enforcement is effective it is a more protracted process than if issues are addressed as part of a licensing regime.

It is not considered that the current accreditation scheme would be appropriate or successful in achieving what will be gained by introducing an additional licensing scheme. The voluntary nature of the accreditation scheme means that it is usually the better landlords that apply to join, and “less reliable” landlords will simply choose not to join or engage with the scheme. The Chichester and Arun Landlord Accreditation Scheme is only open to property owners and not managing or letting agents.

Both councils have a close working relationship with the University of Chichester to ensure that the accommodation utilised by its students in the private rented sector is of an appropriate standard. The university’s online accommodation portal, where students look for their accommodation, only lists those properties that have been accredited on the councils’ scheme. This mainly applies to students after their first university year as the University of Chichester tries to ensure that all first-year students who require it are provided with on-campus accommodation, such as halls of residence. It should be noted however, that the number of properties accredited and used by students is much lower than the number of students who would require accommodation in the privately rented market and therefore it can be deduced that there are many students living in non-accredited three and four person HMOs and section 257 flats, which the councils are unaware of.

The scheme currently has 410 properties on the register with 77 of these being in Arun District and the remainder in Chichester District. Many landlords have multiple properties and therefore the number of properties registered on the scheme is not the same as the number of landlords enrolled. Landlords with properties in Chichester District are able to benefit from a small grant provided by that council towards achieving accreditation status for their properties. This does not extend to any properties they may have in Arun District and Arun District Council does not have any funding available of its own to be able to provide such assistance. As a result of this, as well as the proximity to the main campus of the University of Chichester and the desire to live in or near to the city, the number of accredited landlords within Chichester District is understandably higher than that in Arun.

A significant number of properties registered on the Landlord Accreditation Scheme are also mandatorily licensed HMOs.

District-wide additional licensing

District-wide additional licensing is a potential option, and there are some other areas within the district that would partly meet the requirements for additional licensing to be introduced. At the current time, however, the modelled data doesn’t indicate that this should be implemented district wide as not all the criteria are fulfilled in all areas. If the situation changes then the introduction of an additional scheme might be appropriate; however, the very significant additional workload and financial outlay would be a major factor in designating additional licensing on this scale.

Selective licensing

The Housing Act 2004 sections 79 and 80 gives council’s the powers to introduce “selective licensing” schemes for privately rented properties in selected areas for a period of up to five years.

Selective licensing looks to regulate all private rented accommodation within a defined area, using robust licence conditions. A selective licensing designation can only be made if the designated area has a high proportion of property in the private rented sector and is experiencing one or more of the following criteria:

  • Low housing demand or is likely to become such an area
  • A significant and persistent problem caused by anti-social behaviour
  • High levels of crime
  • Poor property conditions
  • High levels of migration
  • High levels of deprivation

The council is not proposing to introduce selective licensing at this time as the conditions for its implementation have not been fully met; however, should the situation change to one where selective licensing would be appropriate and the criteria met for its introduction, its future implementation may be considered.

Selective licensing does not cover the common parts of a building and is therefore of limited or no assistance in dealing with section 257 HMOs. The issues within these types of properties would therefore rely heavily on reactive HHSRS inspections and enforcement.

Use of Interim Management Orders (IMOs) and Final Management Orders (FMO)

The Housing Act 2004 gives local authorities powers to use Management Orders for tackling comprehensive and serious management failures. The amount of resource required to put in place an IMO or FMO for a single property means that time and resources in tackling wider issues affecting a larger number of properties is reduced.

It is likely that implementing of the use of Management Orders as the main tool in dealing with such properties and the financial implications, would only allow for their use in a limited and small number of cases and would not be effective in a wider context, although their use would still be open to the council if appropriate.

Although the use of all or some of these alternatives would help to achieve the overriding aim of housing improvement, they would not be as effective in a providing a holistic and achievable solution that can be provided through a targeted additional licensing scheme.

16Housing Health and Safety Rating System Operating Guidance. Office of the Deputy Prime Minister: London. 2006