Scope: England. Wales operates its own fitness standard alongside — see repairs and hazards in Wales and the divergence map. Verified against the legislation on 14 August 2026.
When a council says a property is unsafe, it is almost never applying a checklist of things a house must have. It is applying the Housing Health and Safety Rating System — a risk assessment introduced by Part 1 of the Housing Act 2004 that produces a score for each hazard it finds.
Understanding it is worth more than memorising standards, because it explains why two properties in the same condition can get different outcomes.
It rates risk, not condition
This is the point landlords miss. HHSRS does not ask "is this broken". It asks:
- How likely is it that this deficiency causes harm in the next twelve months?
- How severe would that harm be if it happened?
Those combine into a score, and the score falls into a band. Which is why a steep staircase with no handrail can outrank a much uglier defect: the assessment is about outcomes, not about appearance.
It is also assessed against the most vulnerable likely occupant for that hazard — not your actual tenant. Excess cold is judged against the elderly; falls on stairs against the very young. A property let to fit adults is not assessed as though it always will be.
The 29 hazards
They run well beyond disrepair. Grouped roughly:
- Physiological — damp and mould growth, excess cold, excess heat, asbestos, carbon monoxide, lead.
- Psychological — crowding and space, entry by intruders, lighting, noise.
- Protection against infection — sanitation, water supply, food safety, personal hygiene.
- Protection against accidents — falls on stairs, falls on the level, falls between levels, electrical hazards, fire, hot surfaces, collision, structural collapse.
Damp and mould is the one to watch: it is where Awaab's Law attaches, and it is the most common trigger for enforcement in the private rented sector.
Category 1 and Category 2
Category 1 is the serious band. Where a council finds one, it is under a duty to act — not a discretion. Its options include:
- An improvement notice requiring works — what to do when one arrives.
- A prohibition order, restricting or banning use of part or all of the property.
- A hazard awareness notice.
- Emergency remedial action, where the council does the work and bills you.
- In the extreme, a demolition order or clearance.
Category 2 is the lower band, where the council may act but need not. Many landlords treat a Category 2 finding as a non-event. It is better read as a warning with a written record attached, because it will be produced later if the position worsens.
What it means for you in practice
Enforcement follows from the rating, and so does everything else. A Category 1 hazard is the gateway to a chain: an improvement notice, a civil penalty for non-compliance, and in the licensing context it feeds fitness and management judgements. It also strengthens a tenant's disrepair position in possession proceedings.
You cannot contract out of it. A clause saying the tenant accepts the property as seen does not touch it.
Tenant behaviour is relevant but not an answer. Condensation caused partly by how a property is occupied is still assessed as a hazard; the question is what the deficiency is and what can be done about it, not whose fault it is. Ventilation, heating and insulation are the landlord's side of that equation.
Reducing your rating before somebody else measures it
- Deal with damp and mould at the cause — ventilation and heating — and record what you did and when.
- Fix falls hazards: handrails, stair lighting, loose treads, uneven thresholds. Cheap, and heavily weighted.
- Address excess cold: heating that works, insulation, and the EPC minimum standard.
- Keep the EICR and gas record current — electrical and CO hazards are on the list.
- Respond to reports in writing, promptly, and keep the trail. See record keeping: what protects you is evidence of what you did when you were told.
Run the free compliance check to see the duties that apply to your property, and section 11 for the repairing obligation that sits underneath all of this.
Common questions
What is HHSRS?
The Housing Health and Safety Rating System, introduced by Part 1 of the Housing Act 2004. It is a risk assessment rather than a checklist: for each of 29 hazards a council assesses how likely harm is in the next twelve months and how severe it would be, and combines those into a score. It is the mechanism behind improvement notices, prohibition orders and most council enforcement in the private rented sector.
What is the difference between a Category 1 and Category 2 hazard?
Category 1 is the serious band, and where a council finds one it is under a duty to act rather than a discretion — improvement notice, prohibition order, hazard awareness notice, emergency remedial action, or in the extreme a demolition order. Category 2 is the lower band where the council may act but need not; it is best read as a warning with a written record attached, because it will be produced later if things worsen.
Is HHSRS assessed against my actual tenant?
No — against the most vulnerable likely occupant for that hazard. Excess cold is judged against the elderly and falls on stairs against the very young, regardless of who lives there now. A property let to fit adults is not assessed as though it always will be.
My tenant causes the condensation. Is that still a hazard?
Yes. Damp and mould is assessed as a hazard whatever the contribution of how the property is occupied — the question is what the deficiency is and what can be done about it, not whose fault it is. Ventilation, heating and insulation are the landlord's side of that equation, and a clause saying the tenant accepts the property as seen does not affect the rating.
How do I reduce my HHSRS risk?
Deal with damp and mould at the cause rather than the symptom, fix falls hazards such as handrails and stair lighting because they are cheap and heavily weighted, address excess cold through heating and insulation, keep the EICR and gas record current, and respond to every tenant report in writing and promptly. What protects you is the evidence of what you did when you were told.