If a council finds a Category 1 hazard in your home under HHSRS, it has a legal duty to act. Here is what that means, how long it takes, and what to do if nothing happens.
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What is HHSRS?
The Housing Health and Safety Rating System (HHSRS) is the framework councils use to assess whether a home is safe to live in. It was introduced by the Housing Act 2004 and applies to all rented homes in England and Wales, including both private and social housing.
When a council receives a complaint about a home, a housing inspector can carry out an assessment. They look at 29 categories of hazard, from damp and mould to excess cold, electrical safety, and structural collapse. Each hazard is given a score. The score determines whether it is a Category 1 or Category 2 hazard.
The difference between Category 1 and Category 2
A Category 2 hazard is a risk the council can choose to act on. The decision is at their discretion.
A Category 1 hazard is different. Where a Category 1 hazard is found, the council has a legal duty to act under Section 5 of the Housing Act 2004. It is not a choice. The duty is mandatory.
This distinction matters enormously. Many tenants assume councils are doing their best when they fail to act on a report. If a Category 1 hazard has been identified and the council has not acted, they may be in breach of a statutory duty.
The most common Category 1 hazards
These are the hazards most frequently scored as Category 1 during inspections:
Damp and mould. Persistent damp or mould growth affecting large areas of the home, particularly where it affects rooms where people sleep or spend extended time. The presence of mould near sleeping areas raises the risk score considerably.
Excess cold. Homes that cannot be adequately heated, particularly where the heating system is broken or the insulation is very poor. Excess cold is a leading cause of excess winter deaths in older residents.
Electrical hazards. Exposed wiring, overloaded circuits, or outdated consumer units that present a real risk of fire or electrocution.
Structural collapse risk. Unsafe rooflines, failing lintels, collapsing floors, or unstable internal walls.
Other Category 1 hazards include gas leaks, carbon monoxide risk, fire safety failings, and severe pest infestation.
What the council can do when a Category 1 hazard is found
Once a Category 1 hazard is identified, the council has several enforcement tools:
Improvement notice. The most common response. The landlord is legally required to carry out specified works within a set time. Failure to comply is a criminal offence.
Prohibition order. The council can prohibit use of part or all of the property until it is made safe. This means the landlord cannot legally let that part of the home.
Emergency remedial action. Where the hazard presents an immediate serious risk, the council can carry out the works itself without waiting for the landlord, then charge the landlord for the cost.
Emergency prohibition order. Where the risk is immediate, the council can prohibit use with very short notice.
How long does this take?
There is no fixed statutory deadline for a council to respond to a complaint and carry out an inspection. However, an unreasonable delay is challengeable, and courts have found that councils with a known Category 1 hazard who did nothing for extended periods were in breach of their duty.
In practice, inspection waiting times vary widely. Some councils respond within a few weeks. Others take considerably longer, particularly those with large caseloads and limited environmental health staff.
If you have reported a serious hazard and heard nothing after four to six weeks, it is reasonable to chase in writing and ask for a written update.
What to do if the council is ignoring your complaint
Step one: put the complaint in writing if you have not already. A phone call does not trigger any formal clock. Write to the environmental health team, state the nature of the hazard, say that you believe it may meet the Category 1 threshold, and ask for a written response with an inspection date.
Step two: make a formal complaint to the council. Every council has a formal complaints procedure. If the environmental health team is not acting, raise a complaint under that procedure. Use Stage 1, then Stage 2.
Step three: complain to the Local Government Ombudsman (now the Local Government and Social Care Ombudsman). If Stage 2 is exhausted and you are still getting no action, you can escalate to the Ombudsman. They investigate whether councils have failed to carry out their statutory duties. A finding against the council can compel action.
Step four: judicial review. In serious cases where a council has refused to carry out a mandatory duty, it is possible to apply for judicial review. This is a legal challenge to the council's failure to act. It requires legal advice and is only appropriate in clear-cut cases, but it has been used successfully to force enforcement in the past.
How HHSRS evidence supports a civil disrepair claim
An HHSRS inspection report is strong evidence in a housing disrepair claim. If an independent council inspector has found that a hazard in your home is severe enough to be Category 1, that finding supports a case that your landlord breached their duty to keep the property fit for human habitation.
You do not have to wait for a council inspection before bringing a civil claim. But if one has already happened, the report is valuable. Keep a copy.
Get help
If your home has serious disrepair and you want to know whether you have a claim, call Support for Tenants on 0800 030 4669 for a free assessment. 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, section 5 (legislation.gov.uk); HHSRS: operating guidance, GOV.UK.
Support For Tenants is a trading name of Cyntex Group Ltd, authorised and regulated by the Financial Conduct Authority as a Claims Management Company. FRN 1020217. Registered in England and Wales.
Reviewed against current housing law for England and Wales as at 29 May 2026. Checked by our SRA-regulated panel solicitors. This is general information, not legal advice for your specific case. Any compensation figures or ranges shown are illustrative only and not guaranteed; every case is different.
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