Housing Act 2004 Guide for Landlords | Coopers Inventory Services

One of the most significant measures introduced under Part 1 of the Housing Act 2004 is the Housing Health and Safety Rating System (HHSRS).

The HHSRS is used by local authorities to assess risks to the health and safety of people living in residential properties.

Rather than simply giving a property a pass or fail, it considers:

You'll still find plenty of websites stating that the HHSRS assesses 29 hazards — That is now outdated.

The government published revised HHSRS guidance on 23 June 2026, and the updated framework contains 21 hazard profiles.

Hazards can relate to matters such as damp and mould, excess cold or heat, falls, fire and explosions, electrical safety, sanitation and structural safety.

Category 1 and Category 2 Hazards

HHSRS hazards are divided according to their seriousness.

Category 1 hazards are the most serious. Local authorities have a duty to take appropriate enforcement action when one is identified.

For Category 2 hazards, local authorities have powers to take enforcement action.

The Housing Act 2004 also established the framework for the licensing of certain Houses in Multiple Occupation (HMOs).

In England, a property generally requires mandatory HMO licensing where it is occupied by five or more people forming two or more households who share facilities such as a kitchen or bathroom.

However, landlords shouldn't assume that a property falling outside mandatory licensing automatically requires no licence.

Local authorities can introduce additional licensing schemes covering other HMOs.

This means landlords should always check the licensing requirements with the local authority where the property is situated.

The Housing Act 2004 also allows local authorities to introduce selective licensing schemes covering privately rented properties within designated areas.

Unlike mandatory HMO licensing, selective licensing can potentially apply to ordinary privately rented homes within an area covered by a scheme.

The rules therefore aren't identical everywhere.

A landlord with properties in Surrey, Croydon or surrounding areas shouldn't simply ask:

“Does my property need a national landlord licence?”

The more useful question is:

“Does this particular property fall within a licensing scheme operated by its local authority?”

The Housing Act 2004 also introduced the statutory framework for tenancy deposit protection.

Where the rules apply and a landlord takes a tenancy deposit, it must be protected in an authorised tenancy deposit scheme and the required prescribed information must be provided.

This remains relevant following the Renters' Rights reforms.

The Renters' Rights Act 2025 amended the Housing Act 2004 but continued the requirement for deposits to be protected for new assured tenancies and tenancies that were assured shorthold tenancies immediately before the new system commenced.

For current assured tenancies, deposit compliance can also affect a landlord's ability to obtain a possession order, subject to the statutory rules and exceptions.

The amount is governed by the Tenant Fees Act 2019, rather than the Housing Act 2004 itself.

As of 2026, the usual maximum tenancy deposit in England is:

5 weeks' rent where annual rent is below £50,000.

6 weeks' rent where annual rent is between £50,000 and £100,000.

Local authorities have enforcement powers under the Housing Act 2004 where housing hazards are identified.

Depending upon the circumstances, action can include measures such as:

The response depends upon factors including the nature and seriousness of the hazard.

The updated government HHSRS Enforcement Guidance published in June 2026 explains the powers and duties available to local authorities.

For landlords, the practical message is simple:

Don't wait for enforcement before dealing with known property problems.

Prompt investigation, maintenance and good record keeping are far preferable.

The Housing Act remains highly relevant, but it now operates alongside subsequent legislation.

Most recently, major private-rental reforms under the Renters' Rights Act 2025 came into force on 1 May 2026.

Among other changes, existing assured shorthold tenancies generally became assured periodic tenancies, new assured tenancies are periodic, and Section 21 can no longer be used by private landlords to regain possession.

There are also new rules concerning matters such as rent in advance, rental bidding, pets and discrimination against prospective tenants who have children or receive benefits.

So landlords should use current government guidance, rather than relying solely on older summaries of the Housing Act 2004.

Good property records can form an important part of professional tenancy and property management.

Coopers Inventory Services provides detailed written and photographic reports documenting the visible condition of rental properties at key stages throughout the tenancy.

An Inventory & Schedule of Condition establishes a detailed record at the beginning of the tenancy, while Mid-Term Property Inspections can document visible deterioration, maintenance concerns and changes in property condition during occupation.

At the end of the tenancy, a Check-Out Report provides a further record against which changes can be considered.

These reports can help landlords, letting agents and property managers maintain clearer property records and identify visible matters that may require further investigation.

Coopers property reports are not HHSRS assessments, legal compliance inspections or property licensing assessments. They do not determine whether a property contains a Category 1 or Category 2 hazard. Appropriate specialist or local authority assessment should be sought where required.