Private Sector Housing - Enforcement Team
The Private Sector Housing Team who work with private landlords and tenants. The Team, as officers of the Council, have the power to compel landlords to carry out works of repair or improvement in order to meet the prescribed standard within the Housing Health & Safety Rating System.
The Housing Health & Safety Rating System replaced the old “fitness standard” and this is detailed in the Housing Act 2004. Enforcement of this standard applies to all property that is rented privately.
The team also undertake the licensing of Houses in Multiple Occupation and the Accreditation of landlords who provide decent accommodation and offer the best standards in property management.
Incentives are available to landlords to achieve accreditation.
Who the service is for
Private sector tenants and landlords
Houses in Multiple Occupation and Private Sector Enforcement
The Houses in Multiple Occupation and Private Sector Housing Enforcement Team combines the use of statutory legislation with other methods designed to encourage private landlords to comply with the law when dealing with houses in multiple occupation (HMO) and privately rented housing within the borough of Oldham.
The team aims to work with landlords and tenants to improve the condition of private sector lettings in relation to safety standards and repair. In cases which merit legal action, notices are served requiring landlords to comply with current housing standards and legislation through our Enforcement Policy.
The Housing Act 2004 introduces a new definition of Houses in Multiple Occupation (HMO). The new definition is very complex. Generally a house in multiple occupation will be a property occupied by more than one household and more than two people, and may include bedsits, shared houses, non self contained flats and some self contained flats.
Houses fully converted into self contained flats will generally not be HMOs provided that they were converted in accordance with the ‘appropriate’ Building Regulation standards. This will, as a minimum be the 1991 Building Regulations.
Certain buildings cannot be defined as HMOs and include buildings owned or managed by Local Authorities, Health Authorities, Housing Associations and Education Establishments as well as other specific exemptions.
Most of the standards and controls are contained in the Housing Act 1985 and the Housing (Management of Houses In Multiple Occupation) Regulations 1990, however, these are currently being updated through the Housing Act 2004.
The Council has a proactive inspection programme of HMOs. If conditions in the properties inspected are not up to standard, the landlord or owner is required to improve them.
The Management Regulations state that it is the responsibility of the manager of the HMO to ensure that the following are maintained in repair, clean condition and good order (including, where appropriate, proper working order):
All means of water supply and drainage in the house must be maintained, repaired, kept clean and be protected against frost damage. Tanks and cisterns should be clean and covered. The manager must not unreasonably cause the supply of water, gas or electricity to be interrupted.
The manager must also ensure that common areas such as staircases, passageways, corridors and entrances are kept reasonably free from obstruction. All handrails and banisters and any stair coverings should be kept repaired or replaced or be provided where necessary for the safety of the residents.
Included are installations that serve any part of the house in common use:
installations for the supply of gas and electricity, for lighting and for space heating or heating water;
sanitary conveniences, baths, sinks, washbasins and installations for cooking or storing food;
receptacles or other installations provided in connection with the delivery to the house of postal packets;
other installations (if any) in a kitchen, bathroom, lavatory or washroom which are not subject to any of the foregoing provisions of these Regulations.
The internal structure of any part of the house occupied by a resident as his living accommodation including the installations for supply of water, gas, electricity, and sanitation are in and remain in good repair.
Includes all windows and other means of ventilation. The manager must ensure that installations for lighting serving any part of the house in common use are readily available to residents, including lighting for staircases and entrances to the house, which are used by residents whether or not they are in common use.
All means of escape from fire in the house and all apparatus, systems and other fire precaution equipment must be maintained and kept free from obstruction. It is the responsibility of the manager to display in suitable positions in the house signs indicating all means of escape from fire in the house.
Includes all outbuildings, and outside areas which belong to the house and are in common use. They should be maintained in good clean condition, and any boundary walls, fences and railings should be kept in good repair so as not to constitute a danger to residents.
The manager should also ensure:
That refuse and litter is not allowed to accumulate in the house, except when pending disposal, and he should provide and maintain suitable refuse and litter bins, except where they are provided by the local authority. They are also responsible for the disposal of any refuse if the local authority fails to do so.
That reasonable precautions are taken to ensure the general safety of the residents of the house with regard to the structural conditions of the house and to prevent access to any areas that are unsafe, including window sills that are at or near floor level.
That the name, address and telephone number of the managing agent or landlord of the house is displayed in the house.
That the local housing authority is provided with particulars requested by written notice with regard to the following:
The number of individuals and households accommodated within the house
The numbers of individuals in each household; and
The purpose for which each room in the house is used.
It is the duty of all residents of the property to ensure that the agent can effectively carry out his duties. All residents must:
allow the manager access, at all reasonable times, to any occupied room, that he may carry out his duties
provide the manager on request with any relevant information
comply with arrangements made by the agent in respect of fire precautions or litter storage and disposal
take care not to hinder in any way the agent in the performance of his duties
take reasonable care to avoid damaging anything which the agent is under obligation to keep in good repair
Landlords and tenants can contact the service directly via the contact details below.
Phone: 0161 770 2045 / 1249 / 4461 / 1649
Fax: 0161 770 4855
Postal: Private Sector Housing Team, Oldham Council, Level 11, Civic Centre, West Street, Oldham OL1 1UW
Opening hours - 9am – 5pm
Updated: DL 07/2008
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