Private Housing Enforcement

Private Sector Housing Enforcement Team

Disrepair in Privately Rented Housing

What is disrepair?
What are private landlords responsible for?
What standards of repair must my rented accommodation be in?
What does the rating system say about disrepair in private accommodation?
What happens if I report a case of disrepair to the Council?
What are the hazards that the rating system recognises?
What can the Council do if it recognises any of these hazards in a property?

What is disrepair in private housing?

Most rented accommodation in Pembrokeshire is of good quality. However, some landlords do not fulfil their legal obligations by carrying out the regular maintenance and repairs that all properties need from time to time. The Council’s Private sector housing enforcement team has a range of statutory powers that let us deal with this problem.

What are private landlords responsible for?

• Landlords who let residential accommodation are responsible for ensuring that it is maintained in good repair
• For a number of years, environmental health professionals have used the Housing Fitness Standard contained within the Housing Act 1985 to decide whether a property is fit to live in.

What standard of repair must my rented accommodation be in?

• The Housing Health and Safety Rating System (HHSRS or the Rating System), states what standard of repair a property must be in
• This system deals with disrepair and other hazards that my be present in residential accommodation
• The rating system applies to premises occupied both by single households and houses in multiple occupation.

What does the rating system say about repair in private accommodation?

The Rating System says that any residential premises should provide a safe and healthy environment for any potential vulnerable occupier or visitor.

• Vulnerability for the purposes of the Rating System is based purely on age, not on any other factors such as, physical disability
• The most vulnerable groups for the purposes of the Rating System are the very young and the elderly
• The Council will usually look at whether accommodation is occupied by someone from one of the vulnerable groups above when deciding whether to take any enforcement action against a landlord.

What happens if I report a case of disrepair to the Council?

• The Council will carry out a survey of the property
• During the survey, the inspecting officer will first assess the likelihood of an incident occurring in the property within the next 12 months. See the list below of hazards that the rating system recognises.
• They will then look at the health effects on the occupant or visitor.
• Each inspection will result in a numerical score that will determine the course of action that the Council will take. If the score is above a certain level, the Council will have a legal obligation to take enforcement action, even if the occupier does not want this.
• If an inspection identifies a hazard that results in a relatively low score, the Council can decide what action to take.

What are the hazards that the rating system recognises?

Falls on stairs is just one of the 29 hazards that the Rating System uses. The hazards are subdivided into 4 different categories:

Physiological requirements

• Damp and mould growth
• Excess cold
• Excess heat
• Asbestos
• Biocides
• Carbon monoxide and fuel combustion
• Products
• Lead
• Radiation
• Uncombusted fuel gas

Protection against infection

• Domestic hygiene, pest and refuse
• Food safety
• Personal hygiene, sanitation and drainage
• Water supply

Protection against accidents

• Falls associated with baths etc.
• Falls on level surfaces etc.
• Falling on stairs etc.
• Falling between levels
• Electrical hazards
• Fire
• Flames, hot surfaces etc
• Collisions and entrapment
• Explosions
• Position and operability of amenities etc.
• Structural collapse and falling elements

Psychological requirements

• Crowding and Space
• Entry by intruders
• Lighting
• Noise

What can the Council do if it recognises any of the above hazards in a property? 

• The Housing Act 2004 gives Local Authorities powers to take action if any of the hazards listed above are present in a property, and are deemed to pose a significant risk to the most vulnerable potential occupant.
• The Act allows the Council to require the landlord to make improvements to the property.
• In some cases, the Council will take immediate remedial action themselves to remove a hazard and recover any costs from the landlord. A typical example would be where a gas boiler was found to be imminently dangerous, i.e. producing carbon monoxide.

How do I find out more?

If you would like to find out more or require any advice, please contact;

Private Sector Housing
01437 764551
housenfpri@pembrokeshire.gov.uk

 

Houses in multiple occupation (HMOs)

On this page

What is a house in multiple occupation (HMO)?

What is a single household?

Do all houses in multiple occupation (HMOs) have to be licensed?

How do I apply for a license?

Register of licensed HMO's

What about homes that are not affected by licensing?

How do I find out more?





What is a house in multiple occupation (HMO)?

Under the new legislation, an HMO is a property that is:-

• Occupied by 3 or more people, forming 2 or more households, sharing amenities e.g. bathroom and kitchen facilities, or
• Converted into self-contained flats, but does not meet the requirements of the 1991 Building Regulations and at least one third of the flats are privately rented, or
• Occupied by 3 or more people, forming 2 or more households, in a converted building that is not entirely self-contained e.g. a basement flat with shared accommodation in a maisonette at ground and first/second floor levels.



What is a single household?

Section 258 of the Housing Act 2004 says, to count as a single household, persons must be members of the same family. This includes;

• Married couples, or those living as husband and wife, including those in an equivalent same sex relationship or
• One of them is a relative of the other

‘Relative’ includes parent, grandparent, child, grandchild, brother, sister, aunt, uncle, nephew, niece or cousin and half relatives, step-children and foster children.

A single household also includes any domestic staff if they are living rent free in accommodation provided by their employer.



Do all houses in multiple occupation (HMOs) have to be licensed?

No.

HMOs made up of self contained flats don’t need a license.

The Housing Act 2004 says that certain types of larger HMOs must be licensed – this is Mandatory Licensing.

Mandatory Licensing

This covers HMOs that are:

• Three or more storeys high and,
• Are occupied by 5 or more persons who do not form a single household.



How do I apply for a licence?

If your property is already registered under our existing scheme, we will have your details and will contact you. Your property will be ‘passported’ across to HMO licensing. You will automatically receive a licence which will last for the remainder of the registration period.

New applicants should contact the Private sector housing team for an application pack.

 

Register of licensed HMO's

Blackpool Farm, Blackpool Bridge, Narberth, SA67 8BL

• Number of storeys: 3
• Maximum number of occupants: 12 persons
• Licence issued: 11/8/2022
• Licence expires: 10/8/2027
• Licence holder: Bluestone Resorts Ltd., The Grange, Canaston, Wood, Narberth, Pembrokeshire, SA67 8DE

 

Melbourne House, Main Street, Pembroke, SA71 4HL

• Number of storeys: 3
• Maximum number of occupants: 19 persons
• Licence issued: 19/7/2023
• Licence expires: 18/7/2028
• Licence holder: Mr Ieuan Evans, St Michaels House, Treffgarne, Haverfordwest, Pembrokeshire, SA62 5PH

 

23 Hill Street, Haverfordwest, SA61 1QH

• Number of storeys: 3
• Maximum number of occupants: 20 persons
• Licence issued: 1/12/2023
• Expires: 30/11/2028
• Licence holder: Mr Justin Scale, Capestone Farm, Walwyns Castle, Haverfordwest, Pembrokeshire, SA62 3DY

 

Nelson Guest House, 3 Goat Street, Haverfordwest, SA61 1PX

• Number of storeys: 3
• Maximum number of occupants: 15 persons
• Licence issued: 1/12/2023
• Expires: 30/11/2028
• Licence holder: Mr Barry White, 237A High Greave, Sheffield, South Yorkshire, S5 9GS

 

14 Gloucester Terrace, Haverfordwest, SA61 2JJ

• Number of storeys: 3
• Maximum number of occupants: six persons
• Licence issued: 7/10/2022
• Licence expires: 6/10/2027
• Licence holder: Adferiad Recovery Ltd., Ty Dafydd Alun, 36 Princes Drive, Colwyn Bay, Conwy, LL29 8LA

 

35 London Road, Pembroke Dock, SA72 6DS

• Number of storeys: 3
• Maximum number of occupants: 10 persons
• Licence issued: 9/5/2024
• Licence expires: 8/5/2029
• Licence holder: Mr David Walker, Pinewood, Park Road, Tenby, Pembrokeshire, SA70 7NF

 

Penydre, Saundersfoot, SA69 9JE

• Number of storeys: 3
• Maximum number of occupants: six persons
• Licence issued: 5/7/2024
• Licence expires: 4/7/2029
• Licence holder: Mr Jeremy Mannings, Penydre, Saundersfoot, SA69 9JE

 

Manor House, Lydstep Beach Holiday Village, Tenby, Pembrokeshire, SA70 7SB

• Number of storeys: 3
• Maximum number of occupants: eight persons
• Licence issued: 2/1/2025
• Licence expires: 1/1/2030
• Licence holder: Ms Clare Watkins, General Manager, Lydstep Beach Holiday Village, Lydstep, Tenby, Pembrokeshire, SA70 7SB

 



What about HMOs that are not affected by licensing?

All HMOs, regardless of size or location, must still meet minimum fire safety standards. Please contact the Private sector housing team for further information.



How do I find out more?

If you would like to find out more or require any advice, please contact;

Private Sector Housing

01437 764551

housenfpri@pembrokeshire.gov.uk

Tenancy Relations

The private sector housing team provide free and confidential advice on a range of tenancy issues to both private tenants and landlords as follows:

Customers may also be referred to other agencies providing legal services and specialist housing advice including Shelter Cymru and Pembrokeshire Care Society.

Setting up and ending a tenancy

Information and advice is available on assured, shorthold and regulated tenancies and how to follow the correct procedures when seeking possession.

Our responsibilities as a landlord

Advice is available regarding the provision of good quality rented accommodation and the standards that are expected.

How to get repairs carried out

This will depend on the nature and severity of the defect.

If it is a relatively minor problem, we advise tenants to discuss the matter with their landlord directly to try and remain on good terms.

If the defect is considered to be a serious hazard then the landlord will be contacted directly and, if necessary, enforcement action will be taken.

The private sector housing enforcement team will, on request, call at the property to inspect defects and advise accordingly.

Harassment and illegal eviction

The Protection from Eviction Act 1977 makes it a criminal offence for any person to evict a tenant without following the correct procedure.

The Act also makes it a criminal offence for a landlord, agent or any person to harass a tenant.

The private sector housing enforcement team will try and resolve a dispute between the landlord and tenant if appropriate. This may involve advising the landlord on how to seek possession legally, outlining the procedures involved.

If a tenant has been harassed and/or illegally evicted then the Council will consider taking a criminal prosecution.

The tenant and any witnesses will be expected to attend court and give evidence.

If the prosecution is successful, the landlord/agent will face a substantial fine and/or imprisonment.

How to get a deposit back when leaving a tenancy

If a landlord refuses to return a deposit then tenants will be advised to pursue the landlord through the small claims court to recover the monies owed.

Tenancy Deposit Scheme

From 6 April 2007, landlord requiring a deposit will have to conform with one of the Statutory Tenancy Deposit Schemes.

There are two types of scheme:

1. A single custodial scheme (where deposits will be paid into and held in a separate account, managed by the scheme)
2. Two insurance based schemes where the landlord/agent will hold the deposit and any failure on his/her part to repay it to the tenant will be covered by the schemes insurance arrangements.

Landlords failing to comply with the schemes will face severe penalties.

How do I find out more?

If you would like to find out more or require any advice, please contact:

Private Sector Housing
01437 764551
housenfpri@pembrokeshire.gov.uk

 

Radon Gas

Pembrokeshire is a radon affected area. These are designated areas of the Country where more than 1% of dwellings have a radon level of 200 becquerels per cubic meter of air.

What is radon gas?

Radon is found in many parts of the UK. It is a naturally occurring radioactive gas which enters dwellings through cracks and fissures within the subsoil. High concentrations of radon gas can be found in some homes. Health studies indicate that there is an increase risk of lung cancer when residents are exposed to high concentrations of radon over a lifetime.

Where a property is found to have higher than expected levels of radon gas it is strongly recommended that remedial works are undertaken to reduce the levels.

The solution can be quite simply but much depends on the radon level and the construction of the property.

What is the action level for radon?

The Health Protection Agency recommends that radon levels should be reduced in homes where the average is more than 200 becquerels per cubic metre. This recommendation has been endorsed by the Government.

This Action Level refers to the annual average concentration in a home, so radon measurements are carried out with two detectors (in a bedroom and living room) over three months, to average out short-term fluctuations.

Radon risk reports giving an indication of the probability that a dwelling/building has levels of radon above the Action Level, can be purchased online from Ukradon 

Testing for radon gas

The government recommends that people living in a radon affected area test their houses for radon. There is a simple test available and takes 3 months to complete.

If you would like to find our more or require any advice please contact:

Private Sector Housing
01437 764551
housenfpri@pembrokeshire.gov.uk

Rent Smart Wales – are you complying?

Landlords and agents with properties in Pembrokeshire or any other part of Wales are reminded that Rent Smart Wales enforcement powers are now active.   

The Welsh Government scheme, that is helping to raise standards in the private rented sector, requires all private landlords to register themselves and their properties. Landlords and Agents who let and manage property must also get a licence.

Since November 23, 2016, enforcement powers have been active and landlords and agents who are not complying with the law could face a variety of sanctions including prosecution, fixed penalty notices, rent stopping and rent repayment orders.

Local authorities across Wales, including Pembrokeshire County Council are working with Rent Smart Wales to identify those still not complying with the law. Councils are now prosecuting those who have failed to comply.

If you are a landlord or agent yet to comply, don’t delay. It’s important that you take the necessary steps now to comply and avoid action.

If you are a tenant and want to check if your landlord and/or agent is complying, you can visit the Rent Smart Wales online public register.

If they are not registered, you can contact Rent Smart Wales or call 03000 133344

For more information regarding the conditions of private rented properties in Pembrokeshire County Council contact: 
Private Sector Housing
01437 764551
housenfpri@pembrokeshire.gov.uk