The harm caused to the tenant
This is a very important factor when determining the level of penalty. The greater the harm or the potential for harm (this may be as perceived by the tenant), the higher the amount should be when imposing a civil penalty.
A premium score will be added for actual harm having occurred and the vulnerability of the tenant as set out in the Housing Health and Safety Rating System and in the table below;
| Hazard | Vulnerable Age Group (Age of Occupant) |
|---|---|
| Damp and mould growth | 14 and under |
| Excess cold | 65 or over |
| Excess heat | 65 or over |
| Carbon monoxide | 65 or over |
| Lead | Under 3 years |
| Personal hygiene, sanitation and drainage | Under 5 years |
| Falls associated with baths etc. | 60 or over |
| Falling on level surfaces | 60 or over |
| Falling on stairs etc. | 60 or over |
| Falling between levels | Under 5 years |
| Electrical hazards | Under 5 years |
| Fire | 60 or over |
| Flames, hot surfaces etc. | Under 5 years |
| Collision and entrapment | Under 5 years |
| Collision and entrapment - low headroom | 16 or over |
| Position and operability of amenities etc. | 60 or over |
A score of 10 will be added where the occupiers have suffered harm due to the defects noted.
A score of 3 will be added for each hazard or issue noted where the vulnerable age group are present