Burridge, Roger and Ormandy, David. (2007) Health and safety at home : private and public responsibility for unsatisfactory housing conditions. Journal of Law and Society, Vol.34 (No.4). pp. 544-566. ISSN 0263-323X

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Abstract

This paper reviews two legislative approaches intended to control housing conditions in the rented sector - the landlords' contractual obligations, and the powers of local authorities. The authors argue that the landlords' covenants are almost totally ineffective, and that it now rests on local authorities to protect the health and safety of tenants. Breaches of the implied covenants that houses should be fit and in repair will provide tenants with a legal action against their landlords. However, the tenant's standing is now so weak that these covenants fail to provide protection. The Housing Act 2004 introduced a regulatory framework based upon assessing the risks to the health and safety - the Housing Health and Safety Rating System (HHSRS) - giving local authorities tools to ensure that housing is as safe and health as possible. The history of the regulation of housing conditions also reveals important insights into the nature of private and public regulation.

Item Type:	Journal Article
Subjects:	K Law H Social Sciences > HM Sociology
Divisions:	Faculty of Social Sciences > School of Health and Social Studies
Journal or Publication Title:	Journal of Law and Society
Publisher:	Wiley-Blackwell Publishing Ltd.
ISSN:	0263-323X
Date:	December 2007
Volume:	Vol.34
Number:	No.4
Number of Pages:	23
Page Range:	pp. 544-566
Identification Number:	10.1111/j.1467-6478.2007.00404.x
Status:	Peer Reviewed
Publication Status:	Published
Access rights to Published version:	Restricted or Subscription Access
URI:	http://wrap.warwick.ac.uk/id/eprint/31090

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