Housing improvement notice: what it means for tenants

If your local council's environmental health team inspects your rented home and finds serious hazards, they can issue a formal notice requiring your landlord to carry out works. One of the main tools they use is an improvement notice under the Housing Act 2004. Here is what an improvement notice means for you as a tenant.

What is a housing improvement notice?

An improvement notice is a formal notice served by a local council on a landlord, requiring them to carry out specified work to remedy a hazard identified using the Housing Health and Safety Rating System (HHSRS). The notice sets out:

• The hazard or hazards found
• The works required to remedy each hazard
• The date by which the works must start (at least 28 days from service)
• The date by which they must be completed

Improvement notices are most commonly used for Category 1 hazards, those that pose a serious risk to health or safety.

When can the council serve an improvement notice?

The council must serve an improvement notice when a Category 1 hazard is identified in the property, unless an alternative course of action (such as emergency remedial action or a prohibition order) is more appropriate. For Category 2 hazards, serving an improvement notice is discretionary.

What does this mean for the tenant?

An improvement notice puts legal pressure on the landlord to carry out repairs. Key things to understand:

• The notice is served on the landlord, but you will usually receive a copy
• The landlord must comply with the notice, failure to do so is a criminal offence
• If the landlord fails to carry out the required works, the council can carry them out itself and charge the landlord for the cost
• The notice does not automatically entitle you to compensation, but the evidence it creates can be very valuable in a housing disrepair claim

Can the landlord appeal against an improvement notice?

Yes. The landlord can appeal to the First-tier Tribunal (Property Chamber) within 28 days of the notice being served. If an appeal is made, the notice may be suspended while it is heard. As a tenant, you are entitled to make representations to the Tribunal.

Can I ask the council to issue an improvement notice?

You can ask the council to inspect your property by contacting the environmental health team. They will decide whether to inspect and what action to take based on their assessment. You cannot compel them to issue a notice, but a formal inspection request is a good first step.

Can the landlord evict me after an improvement notice?

There are protections against retaliatory eviction. Under the Deregulation Act 2015, if you made a written complaint about the property and the council has served an improvement notice in response, a section 21 notice served within six months is invalid. This protection is designed to prevent landlords from evicting tenants who complained about conditions.

When should I contact Support for Tenants?

If your local council has issued an improvement notice about your home, the evidence it contains can support a housing disrepair claim. Call us to find out whether you have a claim.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Housing Act 2004 (legislation.gov.uk)
• Housing Health and Safety Rating System Regulations 2005 (legislation.gov.uk)
• Deregulation Act 2015 (legislation.gov.uk)

Related articles

• HHSRS Category 1 hazard explained