Unsafe works and your rights
Understand your fundamental rights as a tenant when faced with unsafe works in your home. We empower you with the knowledge to protect yourself and ensure your living environment is safe and lawful.
Your rights to stop unsafe works in your home
Tenants have clear rights to prevent unsafe works in their home. These rights apply to every tenant and to any advocate acting on their behalf. They come from basic health and safety law and from the duty of care owed to anyone living in a property.
What constitutes unsafe work?
Unsafe works include any activity that could place a tenant at risk. This includes unlicensed work, work carried out without proper safety equipment, and work carried out in the presence of a known hazard such as pigeon guano or asbestos. These risks are covered under the Health and Safety at Work Act 1974 and the Control of Substances Hazardous to Health (COSHH) Regulations.
Taking action against unsafe practices
If a contractor attempts to work in an unsafe or unlawful manner, the tenant has a basic right to refuse access; no one can be forced to allow hazardous work inside their home. Furthermore, a tenant can instruct workers to stop immediately if the activity places them at risk. This includes situations where a Category 1 hazard (as defined under the Housing Health and Safety Rating System) is present. A Category 1 hazard represents an imminent risk to health and must be fully resolved before any other work takes place.
Tenants also have the right to halt or prevent work that begins without proper notice. Under the Landlord and Tenant Act 1985, landlords must give proper written notice before entering a property. If this notice is not provided, the tenant is entirely within their rights to refuse entry.
Advocates can act directly on behalf of tenants to stop unsafe work, refuse access, or require the landlord and contractor to adhere strictly to health and safety law. This intervention is supported by the overarching duty of care owed to the tenant.
Stopping unsafe work is not an enforcement action; it is a protective measure based on the right to safety in the home. This protection is supported by general health and safety legislation and the Homes (Fitness for Human Habitation) Act 2018, which requires landlords to keep a property safe and free from hazards that could cause harm.
If unsafe work is attempted, the tenant or advocate should state clearly that the work must stop. They should explain that activities cannot resume until the hazard is removed and proper safety measures are implemented. If the landlord or contractor ignores these instructions, the local council should be informed immediately. Councils hold statutory powers to investigate and take enforcement action under the Housing Act 2004.