Accommodation certificates - Fitness for human habitation
Any dwelling house is deemed fit for human habitation unless it
fails to meet one or other of several requirements and by reason of
that failure is not reasonably suitable for occupation.
The requirements used to determine fitness for habitation
are:-
- It is structurally stable;
- It is free from serious disrepair;
- It is free from dampness prejudicial to the health of the
occupants (if any);
- It has adequate provision for lighting, heating and
ventilation;
- It has an adequate piped supply of wholesome water;
- There are satisfactory facilities in the dwelling for the
preparation and cooking of food, including a sink with a
satisfactory supply of hot and cold water;
- It has a suitably located water closet for the exclusive use of
the occupants (if any);
- It has, for the exclusive use of the occupants (if any), a
suitably located fixed bath or shower and a wash hand basin each of
which is provided with a satisfactory supply of hot and cold water;
and
- It has an effective system for the draining of foul water and
surface water.
If we identify a property which fails to meet one or more of the
above requirements, it is deemed to be unfit for human habitation.
In these circumstances we will determine the most satisfactory
course of action to be taken with that property. There are several
options available to us. These currently include the use of the
following enforcement tools:
- A repair notice
- A closing order
- A demolition order
- Include the property in a clearance area
We follow a set procedure in deciding the most satisfactory
course of action.
Repair notice
A repair notice would specify the works required to remedy the
particular conditions to which the notice relates. It would also
specify a reasonable time by which the works must be started and a
reasonable period within which they are to be completed.
Works could include improvements such installation of a damp
proofing course, as well as repairs e.g. replastering walls which
were affected by dampness.
Closing order
A closing order is an order prohibiting the use of the premises
for any purpose not approved by the council. This means we issue
this type of order to prevent the premises being lived in.
Demolition order
As the name suggests these orders are issued where demolition of
the premises is the most satisfactory course of action.
Clearance area
An area consisting of houses which are unfit for human
habitation and are all to be demolished, as the best way of dealing
with the problem. There is a very detailed procedure to go through
which includes consulting those people who will be affected by the
decision.
The Housing Act 2004 introduces major changes to the enforcement
powers available to local authorities to deal with poor housing
conditions (across all tenures) and poor management standards in
the private rented sector.