Identifying Health Hazards in Rented Homes (England)

As a renter in England, understanding what qualifies as a health hazard in your home is key to ensuring your living space is safe and healthy. Under English law, landlords are responsible for making sure their properties meet certain health and safety standards. This guide explains what constitutes a health hazard, your rights, and how to get help if you’re affected.

What is Considered a Health Hazard in England Rentals?

The main tool used to assess hazards in rented homes is the Housing Health and Safety Rating System (HHSRS). The HHSRS helps local councils decide if a home has ‘category 1’ or ‘category 2’ hazards that could harm the health or safety of residents. Landlords must address serious hazards promptly.

Common Health Hazards in Rental Properties

• Damp and mould: Can cause respiratory problems and worsen asthma.
• Cold: Inadequate heating or insulation, leading to risk of illness.
• Fire risks: Poor smoke alarm provision, faulty wiring, or blocked exits.
• Unsafe structures: Broken stairs, loose tiles, or unstable floors.
• Pests: Infestations of rats, mice, or insects.
• Carbon monoxide: Faulty gas appliances or poor ventilation.
• Sanitation issues: Faulty toilets, kitchens, or washing facilities.

These are just a few examples. The HHSRS guidance lists 29 possible hazards that councils consider when inspecting homes¹.

The Law and Your Landlord’s Duties

Landlords in England must keep rental homes “fit for human habitation” under the Homes (Fitness for Human Habitation) Act 2018, which updated the Housing Act 2004^2,3. If a health hazard is identified, your landlord is legally obliged to make repairs or improvements. If they don’t, you can take further action.

How Hazards Are Assessed

• Category 1 hazard: The most serious risks, such as dangerous electrics or severe damp and mould. Councils must act if these are found.
• Category 2 hazard: Less serious, but still a risk to health and safety. Councils may take action at their discretion.

The local council’s environmental health team assesses hazards using the HHSRS.

Getting Health Hazards Fixed: Your Action Steps

If you suspect a health hazard in your rented home, follow these steps:

• Report the problem to your landlord in writing, keeping a copy for your records.
• Give your landlord a reasonable time to respond and start repairs.
• If the issue isn’t resolved, contact your local council’s environmental health team. They can inspect the property and order your landlord to make repairs.

When to Use an Official Complaint Form

• Form Name: Environmental Health Complaint (no standard national number; check with your local council)
• When to use: If your landlord refuses to fix a serious hazard. The environmental health department may require a formal complaint form, available on your local council's website.
• Example: If you report severe damp to your landlord but they don’t act, you can submit this form to request a council inspection.

The council can serve a Improvement Notice to your landlord, requiring them to make the property safe.

If Hazards Remain Unfixed

• The council may carry out emergency repairs and bill the landlord.
• You may have the right to take your landlord to court under the Homes (Fitness for Human Habitation) Act 2018.

The tribunal that deals with disputes about standards, repairs and some decisions by your landlord or council in England is the First-tier Tribunal (Property Chamber) - Residential Property.

FAQ: Health Hazards in Rented Homes

1. What counts as a category 1 health hazard?
   Category 1 hazards are the most serious, such as faulty electrics, dangerous gas appliances, severe damp, or risk of falls. Councils must act on these.
2. How do I report a health hazard if my landlord ignores me?
   Report the problem in writing first. If unresolved, contact your local council’s environmental health team through their official complaint procedure.
3. Can I stop paying rent if repairs aren't made?
   No; you must keep paying rent. Withholding rent could lead to eviction. Instead, use council or tribunal support to resolve issues.
4. What is the HHSRS?
   The Housing Health and Safety Rating System (HHSRS) is a risk-based assessment tool used by councils to identify hazards in rented homes.
5. Who enforces health and safety standards in rentals?
   Your local council’s environmental health department inspects and enforces housing safety. The First-tier Tribunal may be involved in disputes or appeals.

Conclusion: Key Takeaways

• Health hazards in rented homes cover issues like damp, mould, unsafe electrics, and pests.
• Landlords are legally required to address serious hazards quickly.
• If unresolved, contact your local council and, if needed, seek help from the First-tier Tribunal.

Knowing your rights helps you take action for a safe rental home.

Need Help? Resources for Renters

• Government guidance on private renting
• Repairs in rented housing: GOV.UK advice
• HHSRS overview (Shelter England)
• Find your local council environmental health team
• First-tier Tribunal (Property Chamber) – Residential Property

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1. HHSRS official guidance
2. Homes (Fitness for Human Habitation) Act 2018
3. Housing Act 2004

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