National HMO Network – 12th October 2010

1. National HMO Network – 12th October 2010 Workshop A – Using the HHSRS to achieve improvements in HMOs and Flat conversions Dave Beach and Rob Sale

2. Aims and objectives • Review the legislative framework in which the HHSRS used to improve HMOs • Look at the practical issues faced by Enforcement officers – Excess Cold • Use your responses to the questionnaire to highlight issues and to promote discussion • Inform policy development and good working practices in the use of the HHSRS to improve HMO conditions

3. HHSRS in HMOs – key factors • Getting HHSRS assessments right • Using enforcement tools correctly • Having an appropriate Enforcement Policy • Achieving improvements that are appropriate to reduce/remove the hazards and provide suitable HMO accommodation

4. HMO HHSRS assessments overview • HHSRS not originally aimed at bedsits • HHSRS assessed in relation to “dwellings” • “Dwelling” includes non self-contained bedsit-type accommodation with shared amenities

5. HMO HHSRS Assessments Overview (cont.) • HHSRS relies on comparisons with the “average” situation • For defects/hazards that are considered worse than average, go through scoring process (NB Excess Cold) • The average likelihoods, harm outcomes and hazard scores (annex D) are intended to represent “typical” conditions for dwelling of given type/age

6. HMO HHSRS Assessments Overview (cont.) • The Hazard Profiles (Annex D) are split into up to 8 different ages and types of dwelling • A number of these are split into “Non HMOs” and “HMOs”, including Excess Cold and Food Safety • “HMO” category - includes self contained converted flats as well as HMO bedsit accommodation

7. HHSRS HMO assessments – comparison with “average” • HMO bedsits form small proportion of their dwelling/age groups (annex D) • Inherent physical differences between typical bedsits and other dwellings grouped together for HHSRS • Meaningful comparisons with “average” therefore difficult e.g. amenity sharing

8. HHSRS HMO assessments – comparison with “average” • Excess cold – “average” bedsit has poorer heating than average flat but it is smaller and has less external wall area – need to appreciate differences but relate any defects to actual or perceived risks in generating scores • Overall approach to all Excess Cold assessments the same but risk assessments must be relevant and individual to each dwelling • National averages for guidance

9. HHSRS – Improvement notices • LA’s have duty to deal with category 1 hazards and a power to deal with category 2 hazards • HHSRS assessments on individual bedsits but improvement notices served on “residential premises”; includes “a dwelling” and “an HMO” • Single Improvement notice can specify action to deal with category 1 and 2 hazards on same premises

10. HHSRS – Improvement notices (cont.) Improvement notices must state: - • Whether served under s11 or s12 • The nature of the hazard and the residential premises on which it exists • Details of the remedial action

11. Importance of hazard score and band in current legislative framework • Defects in HMOs are likely to impact upon individual bedsits in different ways, generating different scores/bands • The hazard score and band dictates range of enforcement options • Classification as category 1 or category 2 is important in terms of local enforcement policies, particularly if seeking “whole house” improvements

12. HHSRS in HMOs – linking hazards to bedsits Falls between levels hazard affecting top bedsits. Falls on stairs hazard affecting all bedsits

13. HHSRS in HMOs – linking hazards to bedsits Questionnaire: - • HMO arranged as bedsits – how would HHSRS assessments be made? • HMO assessed for Fire found to generate a mix of category 1 and 2 hazards for different bedsits – how would this be reflected in content of any Improvement Notice served?

14. Hazard assessment process for Fire in HMOs

15. Content of Improvement Notice

16. HHSRS in HMOs – linking hazards to bedsits • Not necessarily a right or wrong way – no RPT decisions • Key is probably consistency • Choice of s11, s12 or combined Improvement Notice consistent with hazards/bands identified • Schedules of work consistent with powers used and local enforcement policies

17. Enforcement policy - Which of the following best describes your authority’s enforcement policy as regards HHSRS?

18. HHSRS – local authority enforcement policiesrelating to category 1 and2 hazards • No minimum threshold for enforcement, but • 62% of respondents indicated that there were local restrictions on enforcement • When dealing with hazards/defects that would benefit from “whole house” solutions, take account of any local policy restrictions

19. Excess Cold in HMOs – Assessment and Specification • Annex D guidance – greater risk of harm from dwellings with low energy efficiency • Some occupancy factors but dwelling characteristics are key • Energy efficiency depends upon thermal insulation of structure, fuel type and size & design of means of heating and ventilation

20. Energy Efficiency Principles • Heat/Energy ‘balance’ • Temperature gradient • Minimise heatloss • Fabric, Ventilation • Maximise incidental heat gain • Minimise space heating (h/w) ‘top up’ • Maximise plant efficiency • Emissions, affordability • ‘U – values’ (W/m2oC) • ‘Rate per unit area per degree temperature difference) • 0.35 good, 6 bad!

21. Heatloss

22. Example U- values

23. Excess Cold – The “Average”

24. Excess Cold – the “Average”

25. Bedsits – Excess cold overview

26. Excess Cold and SAP • Approved methodology for energy performance of buildings (£/m2, CO2) • Some correlation between SAP and measured living room and bedroom temperatures (NB 40 – 60, Warm Front Study) • Standard location, heating pattern, occupancy • Incomplete picture of particular dwelling • Increased complexity and expense • Difficult to apply to ‘HMO’s’ • ‘Proxy rating of 35 for Cat 1 hazard for ‘Decent Home’ • Useful tool to support Hazard Assessment but not replace it • Reinforce confidence not provide it – eg. gas v electric heating (Illie and Prochazka v Haringey, 2010)

27. Excess Cold in HMOs – Improvement Objectives • Balanced/appropriate heating/insulation & ventilation • Residents to have access to controls to regulate temperature in each bedsit • Residents to benefit from dwelling that is adequately and efficiently heated • These temperatures available for defined period • Improvements defined in terms of ‘reasonable’ (acceptable) cost • ‘pay back’ • Investment • Affordable warmth

28. Space heating in HMOs Gas or electric? Central heating or individual room heaters? • What is the preferred method of space heating in HMOs? • What other systems can also be considered? • Key caveats and conditions affecting acceptability of different systems • ‘Inappropriate or inefficient’ • Inadequate size’

29. Space heating in HMOs

30. Space Heating in HMOs – Central Heating • Favoured option – preferred option of 82% respondents, considered by other 18% Caveats/conditions highlighted: • Controllability – tenants access to TRVs • Heating extended to common parts • Building insulation – particularly loft But although preferred option, central heating only required in HMOs by 32% respondent Local Authorities

31. Space Heating in HMOs – Central Heating

32. Space Heating in HMOs – Central Heating • Varying experiences/difficulties experienced in asking for Central heating (NB Low numbers!) • Where problems experienced, discussion and debate with landlord most popular option to resolve – also Licensing conditions Possible discussion items: - • Why are more authorities not asking for central heating in bedsit HMOs? • If not central heating, what heating systems are being installed?

33. Space Heating in HMOs – Storage Heaters • Favoured option of small number of authorities. Preferred/accepted by 84% respondents Caveats/conditions highlighted: • Access to off peak supply • Modern storage heaters (convectors) • Access to heaters for on peak boost • Effective building insulation – loft and wall

34. Space Heating in HMOs – Gas Room Heaters • Not a favoured option but accepted by 58% respondents Caveats/conditions highlighted: • Room sealed appliances • Provision to heat any shared areas • Building insulation - loft • Modern, efficient, programmable appliances

35. Space Heating in HMOs – Fixed Electric Room Heaters • Not a favoured option but accepted by 74% respondents Caveats/conditions highlighted: • Modern appliances with timer/thermostat • Building insulation • Affordability • Efficient enough to be economically viable

36. Space heating in HMOs – guidelines and discussion points • Difficult to rule out any particular fuel/system – need to consider options on an individual basis • Gas central heating – are practical issues (control etc) but can be overcome. Likely to be most cost effective option. • Room heaters – refer to manufacturer’s instructions/specifications. Some room heaters only suitable for use in well insulated buildings (walls and roof) . Storage heaters unsuitable for small bedsits

37. Heating – general conclusions • Heating to every room, include shared bathrooms and common parts in bedsits • Preference for gas where no central heating – Part L • Consider dwelling size • Gas boilers: • 67% efficient (average), around 15 years old, ‘obsolete’, poor repair record - consider replacement • D rated (78% plus) above average BUT NB assess individual case: • M Fearon v LB Newham (HMO, tests, hot water costs) • Irene Thompson v Newcastle under Lyme, 2008 (Age alone insufficient)

38. Heating – general conclusions Electric Systems: • DOM 8: Guide to the Design of Electric Space Heating Systems • Domestic Heating by Electricity: CE185 (Energy Savings Trust, 2006) • Mix of storage and direct acting heaters with electronic thermostat and timer • Integrated storage/direct systems • Direct acting heaters • Central controls? CELECT, ‘Credanet’ • Consider appropriate package of insulation

39. Excess Cold – difficult to treat insulation issues

40. Excess Cold; Heating –v- Insulation • Generally will cost more to heat a bedsit using electricity than gas • In HMOs where electricity is main fuel, insulation is key to minimising heat loss • Most HMOs in older buildings will therefore need significantly improved insulation (wall and roof) in order to make storage or modern fixed electric room heaters economically viable

41. Excess Cold; Heating –v- Insulation When to insulate walls? • Generally specify cavity wall insulation where possible (funding available) • Solid wall – size of bedsit, number of external surfaces. Use of SAP to calculate running costs with/without insulation • Pledream Properties Ltd v Camden, 2010 • 2 back addition bedsits • ‘large area of external wall in comparison to floor area’ • Storage heating • Extensive other works • Practicability – Large amount of other works, particularly where plaster removed Part L, listing • Should not reduce floor area by more than 5% - best achievable

42. Excess Cold; Heating –v- Insulation • When to insulate attic rooms/mansards/flat roofs? • Works more expensive and disruptive • Consider use of rooms below • Most likely where roof renewal required (specify ‘from above’) • Where not the case, either take down ceilings/walls and insulate between joists rafters or ‘overboard with thermal board with vapour barrier • See Bristol Worked example March 2007 • Appropriate with electric heating and ‘inefficient’ gas boiler but less important with condensing boiler? • Consider in conjunction with Excess Heat hazard (‘attic room’, restricted ventilation)

43. Excess Cold; Heating –v- Insulation Possible discussion items: - • How prescriptive are local authorities when asking for Excess Cold hazards to be removed ? • Do work schedules offer a range of possible improvement (heating/insulation) options? • Where electric room heaters are identified as a possible option in older buildings, is the improvement of insulation standards a qualifying requirement? • Should single glazed windows be changed to reduce heat loss?

44. Excess Cold – Specification of Double glazing

45. Double/secondary Glazing • ‘Poorer value for money for reducing risk’ (Bristol) • Not normally recommended as improvement on EPC • Relevant factors: • draughts as well as heat loss through glazing – can be reduced via draft-proofing • ‘radiant’ heat loss • disrepair • ‘larger than average pane size’ (at least 30%, preferably over 50% of external wall)

46. Double/secondary Glazing • RPT: Lindsay-Taylor v Camden, 2007: • Gas heating and double glazing (gas not challenged) • ‘Modest dimensions’ – only two exposed elevations, no b/a or flanks • Flat below and loft insulation • Windows in good condition (minor repair) • Centre terrace, E/W elevation,sheltered • ‘numerous other situations where (double glazing) will be appropriate • Secondary glazing in Listed Buildings • Affect on other elements (walls) • Standard – see Part L1B

47. Discussion points from RPT Decisions • Landlord can choose preferred heating system - not appropriate for LA to dictate type/fuel for heating system (unless demonstrate inadequacy of alternatives) • Temperature range of 21 deg C when outside –1 deg C excessive based OG reference to ‘small risk’ below 19 deg C • Need for additional insulation, mainly in form of double/secondary glazing, accepted in cases of storage heating (NB not necessarily most cost effective insulation option!) • Affordability to the occupier is a relevant consideration but actual evidence of costs of different options required • ‘Trap’ of failing to assess actual risk, average likelihoods/scores a guide only

48. HHSRS and HMOs – messages to take from the workshop and discussion points • Assessment process for some hazards in HMOs using HHSRS can be complex • Enforcement using part 1 powers has potential to be problematic and bureaucratic • Adoption of local enforcement policies that are not too restrictive gives more flexibility in achieving comprehensive improvements

49. HHSRS and HMOs – messages to take from the workshop and discussion points • The numbers in the OG are, at best, to be used to guide judgments but assessments must be individual and relevant to each unit • For Excess Cold hazards, local authorities need to consider an appropriate package of heating and insulation, providing “affordable warmth”. Energy efficiency is a relatively new area of work for EHPs and some additional guidance may be needed regarding the specification of works and collecting/presenting evidence against appeals