Council enforcement powers changed on December 27th, 2025. But here's what most letting agents miss: the powers themselves aren't new. What's new is how quickly councils can use them.
HHSRS—the Housing Health and Safety Rating System—has been the enforcement mechanism since 2004. It's how councils assess whether your properties are safe. It's how they decide whether to fine you. And now, with the December 27th powers, they can demand your repair logs instantly.
This isn't Awaab's Law. That applies to social housing only. For private landlords, letting agents, and property managers in the private rented sector, HHSRS is the enforcement mechanism that matters right now.
We've helped over 50 agencies prepare for these changes. The agencies that struggle? They don't understand how HHSRS works. The ones that thrive? They know exactly what councils look for—and they've built systems to prove compliance.
Here's everything you need to know.
What is HHSRS?
HHSRS (Housing Health and Safety Rating System) is a risk-based assessment system that councils use to evaluate hazards in residential properties. Introduced by the Housing Act 2004, it replaced the old Housing Fitness Standard and is now the primary enforcement tool for housing standards in the private rented sector.
The system works by assessing 29 potential hazards in a property. Each hazard is scored based on two factors:
- Likelihood — How probable is it that harm will occur?
- Severity — If harm occurs, how bad will it be?
These two factors combine to create a numerical score. That score determines everything.
Category 1 hazards trigger mandatory action from the council. They have no choice—they must act. Category 2 hazards? Discretionary. Councils can act, but they're not required to.
Why does this matter for your agency? Simple. A Category 1 finding means enforcement is coming. No ifs, no buts.
Quick Tip
Staying compliant means staying organised. Document everything with timestamps from day one.
The 29 HHSRS Hazard Categories
HHSRS covers 29 specific hazards, grouped into four main areas. Every letting agent should know these—especially the ones most likely to trigger enforcement.
Physiological Requirements
| Hazard | What It Covers |
|---|---|
| Damp and mould growth | Fungal growth, dampness, condensation |
| Excess cold | Inadequate heating, insulation failures |
| Excess heat | Overheating, lack of ventilation |
| Asbestos and MMF | Asbestos-containing materials, man-made fibres |
| Biocides | Chemicals used for pest control or preservation |
| Carbon monoxide | Gas appliances, combustion hazards |
| Lead | Lead paint, lead pipes |
| Radiation | Radon gas accumulation |
| Uncombusted fuel gas | Gas leaks, incomplete combustion |
| Volatile organic compounds | Paints, solvents, cleaning agents |
Psychological Requirements
| Hazard | What It Covers |
|---|---|
| Crowding and space | Overcrowding, inadequate living space |
| Entry by intruders | Security failures, break-in risks |
| Lighting | Natural and artificial light inadequacy |
| Noise | External and internal noise transmission |
Protection Against Infection
| Hazard | What It Covers |
|---|---|
| Domestic hygiene, pests, refuse | Pest infestations, waste management |
| Food safety | Kitchen facilities, food storage |
| Personal hygiene, sanitation, drainage | Bathroom facilities, drainage issues |
| Water supply | Contamination, supply reliability |
Protection Against Accidents
| Hazard | What It Covers |
|---|---|
| Falls associated with baths | Slippery surfaces, grab rail absence |
| Falls on level surfaces | Trip hazards, flooring defects |
| Falls on stairs | Handrails, step conditions |
| Falls between levels | Balcony safety, window restrictions |
| Electrical hazards | Wiring, sockets, consumer units |
| Fire | Fire detection, escape routes |
| Flames and hot surfaces | Burns from appliances, radiators |
| Collision and entrapment | Door widths, head heights |
| Explosions | Gas installations, boiler safety |
| Position and operability of amenities | Accessibility of facilities |
| Structural collapse and falling elements | Building stability, loose fittings |
The Hazards That Trigger Most Enforcement
Not all 29 hazards are equal. Far from it. We've seen three categories drive the majority of enforcement actions:
1. Damp and Mould — By far the most common. Councils receive more damp complaints than anything else. With the December 27th powers, they're actively looking for agencies with poor response records.
2. Electrical Hazards — EICR failures compound here. If your electrical safety certificate is overdue and a hazard is found, expect a Category 1 classification.
3. Excess Cold — Broken boilers in winter trigger emergency enforcement. The law considers excess cold a serious health risk, especially for vulnerable tenants.
Category 1 vs Category 2: Why the Classification Matters
The Category 1/Category 2 distinction controls what happens next.
Category 1 Hazards
A Category 1 hazard is one where the council's environmental health officer determines there's a serious risk to health or safety. When they find one, they must take enforcement action. The law gives them no choice—these are mandatory housing standards.
Available actions include:
- Improvement Notice — You must fix the hazard within a specified timeframe (usually 28 days minimum)
- Prohibition Order — The property (or part of it) cannot be used until the hazard is removed
- Hazard Awareness Notice — Formal notification that a hazard exists
- Emergency Remedial Action — Council fixes it themselves and bills you
- Emergency Prohibition Order — Immediate ban on use
The key point: councils don't negotiate on Category 1. They act.
Category 2 Hazards
Category 2 means the hazard exists but doesn't meet the threshold for mandatory action. Councils can act, but they have discretion.
In practice, most councils will issue a hazard awareness notice and give you time to fix things. But don't assume they'll be lenient. Repeated Category 2 findings, or ones that show a pattern of neglect, can still lead to formal enforcement.
The December 27th Powers: What Actually Changed
Here's the thing that catches most agents off guard.
On December 27th, 2025, new enforcement provisions came into effect. These weren't new powers—they'd been sitting in the Housing Act 2004 for two decades. What changed was the removal of procedural barriers that slowed councils down.
Here's what councils can now do more easily:
1. Instant Access to Records — Councils can demand repair logs, maintenance records, and tenant communication history. You have 14 days to provide them. No records? That's a problem.
2. Faster Inspection Scheduling — The notice period for inspections has been reduced. Councils can move faster from complaint to assessment.
3. Streamlined Enforcement — Internal council processes have been simplified. What used to take weeks of committee approvals can now happen in days.
4. Enhanced Penalty Powers — While fine levels haven't changed, councils have more flexibility in how they apply them. Multiple hazards? Expect multiple fines.
The practical effect: councils that want to enforce can now do it quickly. The agencies we work with are seeing inspection requests within 72 hours of tenant complaints—where previously it took weeks.
Stop chasing deadlines
Letting Shield tracks every Awaab's Law deadline automatically.
Start Free TrialHHSRS Fines: What You Actually Face
Let's talk money. Because this is where agencies wake up.
| Offence | Fine Range |
|---|---|
| Failure to comply with Improvement Notice | Up to £30,000 (civil penalty) |
| Breach of Prohibition Order | Up to £30,000 (civil penalty) |
| Obstruction of council officers | Up to £5,000 |
| Failure to provide documents | Up to £5,000 |
| Repeat offences | Unlimited (criminal prosecution) |
But fines aren't the only risk. Serious or repeated offences can lead to:
- Banning Orders — You're prohibited from letting properties
- Rent Repayment Orders — Tenants can claim back up to 12 months' rent
- Criminal Prosecution — For the most serious cases
We've seen agencies hit with £45,000+ in combined penalties for a single property with multiple Category 1 hazards. One agency in Birmingham last year: three Category 1 findings, three fines, £38,000 gone in a week. The December 27th powers make this more likely, not less.
HHSRS vs Awaab's Law: Know the Difference
This trips up agents constantly. We hear it every week: "We need to comply with Awaab's Law." No, you don't. Not yet.
Awaab's Law applies to social housing only. It sets strict timeframes for responding to damp and mould reports:
- 14 days to investigate
- 7 days to fix emergency hazards
- 28 days to repair
Private landlords and letting agents are not covered. Yet. (For more details, see our complete guide to Awaab's Law.)
HHSRS applies to all housing, including private rented properties. It's how local authorities enforce housing standards in the PRS right now—and it's the basis for landlord compliance obligations.
When you hear about "new enforcement powers," that's HHSRS being strengthened—not Awaab's Law being extended.
The government has consulted on extending Awaab's Law to the private sector. If that happens, you'll face both regimes—read our Awaab's Law enforcement update for the latest developments. But for now, HHSRS is what matters for your agency.
How to Protect Your Agency: The Audit Trail That Saves You
Councils don't just look at whether hazards exist. They look at how you responded.
Here's what we've learned from helping agencies survive inspections: documentation wins. Every time. An agency that can prove a fast, documented response gets treated very differently from one that can't.
Here's the system that works:
1. Timestamp Everything
This is non-negotiable. When a tenant reports a potential hazard, log it immediately. The timestamp is your evidence. Without it, you're relying on "he said, she said"—and councils side with tenants. Every single time.
2. Categorise Hazards Immediately
Don't let reports sit in a generic inbox. Triage them against the 29 HHSRS categories. A "damp complaint" needs to be flagged as a potential Category 1 hazard from the moment it arrives.
3. Document Your Response Timeline
Keep records of:
- When you acknowledged the report
- When you scheduled an inspection
- What the inspection found
- What action you took
- When the work was completed
This timeline is your defence if enforcement action comes.
4. Build Contractor Relationships
Emergency hazards need fast fixes. If you're scrambling to find a contractor when a Category 1 finding lands, you've already lost. Have approved contractors on standby for the most common hazards.
5. Train Your Team
Everyone who handles tenant reports needs to understand HHSRS. A property manager who dismisses a damp complaint as "just condensation" can cost your agency £30,000.
How Letting Shield Helps
We built Letting Shield specifically for this. Our AI Triage system instantly assesses damp and mould reports using HHSRS methodology—grading severity from Band A (emergency) to Band J (low risk). Response timelines get tracked from the first report.
When a council requests your records—and with the December 27th powers, they will—you can export a complete audit trail in seconds. Timestamps, responses, contractor invoices, completion evidence. Everything they need to see that you're compliant.
Agencies using Letting Shield have reduced their hazard response times by 70%. More importantly, they've built the documentation that survives council scrutiny.
Bulletproof Documentation
Letting Shield creates timestamped audit trails for every action—exactly what councils want to see.
FAQs
What triggers an HHSRS inspection?
Most inspections start with a tenant complaint to the council. Councils can also conduct proactive inspections, though this is less common. Once a complaint is received, the council has a duty to investigate.
Can I appeal an HHSRS enforcement notice?
Yes. You can appeal to the First-tier Tribunal (Property Chamber) within 28 days of receiving the notice. But appeals are expensive and time-consuming. It's far better to have documentation that prevents the notice in the first place.
Does HHSRS apply to HMOs?
Yes. HHSRS applies to all residential properties, including Houses in Multiple Occupation. In fact, HMOs often face stricter scrutiny because of higher occupancy risks.
How often do councils actually enforce HHSRS?
More than you'd think. In 2024, councils issued over 15,000 improvement notices nationally. Manchester alone issued 847. With the December 27th powers, enforcement activity is ramping up fast in 2026.
Is there a grace period for fixing hazards?
Improvement Notices typically give you a minimum of 28 days, though councils can specify longer periods for complex work. Emergency hazards have no grace period—councils can take immediate action.
Key Takeaways
- HHSRS is the enforcement mechanism councils use for private rented properties—not Awaab's Law (which is social housing only)
- 29 hazard categories, with damp/mould, electrical, and excess cold triggering most enforcement
- Category 1 hazards mean mandatory council action—no exceptions
- December 27th powers let councils access your records faster and enforce more quickly
- Fines reach £30,000 per offence, with unlimited penalties for prosecution
- Your best protection is a documented audit trail proving fast, appropriate responses
The Complete Awaab's Law Guide
Everything you need to know about deadlines, documentation, and compliance.