Private Sector Housing - nuneatonandbedworth.gov.uk · Private Sector Housing Team • Duties...
Transcript of Private Sector Housing - nuneatonandbedworth.gov.uk · Private Sector Housing Team • Duties...
Private Sector Housing Team
• Duties include:
• HMO Inspection & Licensing
• Advice and assistance for both landlords and tenants on standards, fire safety, HHSRS
• Empty Property Loans given for up to £10k
• Unauthorised encampment management and eviction
• Energy Efficiency Advice and projects
• Harassment/unlawful eviction
• Mobile Home Site Licensing
• Informal approach to PRS tenant complaints unless serious threat to Health and Safety or Category 1 Hazard.
Current Issues
Current politics
Legal changes ranging from April 2017 to cover the following:
Extension of mandatory HMO licensing – likely 200% increase
Introduction of civil penalties
Banning Orders
Rogue landlord database
Fit and proper persons test
Electrical Safety Regulation
Ban on energy inefficient properties April 2018
Extension of HMO Licensing
• Current criteria for HMO’s only 3 storeys & above to be removed
• Any HMO or flat operating as such with 5 or more occupiers will need a licence
• New HMO Amenity Standards & Fees subject to consultation over next two weeks
• No grace period – Effective from 1st October 2018
• Set a minimum room size of 6.52m2 in line with existing overcrowding standard (Housing Act 1985) for single rooms and 10.22m2
• Applications can be made now, no need to wait until October
• New licence conditions – specify occupiers per room
• Fit and Proper Person Test
Civil Penalty Charges
• Alternative to prosecution of rogue landlords
• Same process and charging structure applied across all of Warwickshire
• Minimum of £5000 up to maximum of £30,000
• Council get to keep all costs and recycle into services not Courts/treasury
• Way of Appeal to the First Tier Tribunal
• Huge fluctuations in Court fines give unfair advantage to Rogue Landlords
Civil Penalty AmountsFailure to comply with an Improvement Notice £
1st offence 5000
2nd subsequent offence by same person/company
15,000
Subsequent offences by same person/company 25,000
Offences in relation to licensing of HMOs £
Failure to obtain property Licence 10,000Subsequent offence by same person/company 30,000
Failure to comply with management regulations £
1st relevant offences 1000/offence Subsequent offences by same person/company for the same offence
3000/offence
Minimum Energy Efficiency Regulations
• A minimum EPC Band E must be achieved for new tenancies commencing after 1st April 2018 and for continuing tenancies after 1st
April 2020.
• Privately rented domestic accommodation which has an EPC Band F & G should not be let after these times. Landlords will need to undertake measures or enter the property into the PRS Exemptions Register.
• A consultation which recently closed proposed a Landlord Cap of £2500, a consultation response is currently being compiled by government.
• External training courses are available to cover this topic. Please ask for details.
• The Council have access to all EPC data throughout Nuneaton and Bedworth and North Warwickshire. We will be writing to those rented properties which are within Bands F & G to encourage them to improve the property.
Energy Efficiency Advice
• The Warwickshire Authorities have introduced an energy Statement of Intent. This allow companies to use ECO funding to assist our residents.
• Those who can qualify has significantly increased. No longer restricted to those on benefits. Open to private landlords also.
• The Council have entered into a contract with EON to promote and install energy efficiency measures in the area.
• ECO funding – loft, cavity, boilers, oil and LPG replacement
• Typical contribution example – private tenant accessing funding to replace broken boiler, cost to landlord for:
Semi-detached property £500. Terraced £1000.
Warwickshire Switch and Save
• A collective switching scheme run to ensure residents get a cheaper deal on gas and electric
• Register to Switch to a cheaper deal
• www.warwickshire.gov.uk/switchandsave
• 0800 988 2881
Rogue Landlord database and Banning Orders
• Database – To help Councils keep track of rogue landlords and target enforcement action
• Banning Orders prohibiting landlords letting property or being involved in letting/management activities
• Banning offences – likely to include fraud, harassment, failure to comply with Housing Act requirements
BOTH NOW IN USE – NOT OPEN TO THE PUBLIC
Mandatory Electrical Testing
• Consultation recently closed on this – Await feedback
• Suggested mandatory 5 yearly electrical check
• This would link to being unable to serve section 21 if not in place (same as EPC, How to Rent Guide and gas safety record)
• This would only apply to tenancies which commenced after October 2015.
• Likely to be April or October 2019 if adopted
Other News• Caridon Property Ltd v Monty Shooltz – London County Court – Feb 2018
• http://www.landlordlawblog.co.uk/2018/02/13/bad-news-landlords-section-21-gas-safety-certificates/
• Possession order refused on the ground that the section 21 notice was invalid due to failure to serve a gas safety certificate on the tenants before they moved in.
• Although a gas certificate was served some 11 months later and before the service of the s21 notice, the Judge did not accept that this was sufficient to satisfy the rules.
• How this affects you
• Recommend you serve the Gas Safety Certificate on your tenants BEFORE they are given the keys.
• Serve these documents in a way that can be proved later – ideally by getting the tenants to initial and date a copy of the documents or you may be able to prove service via an electronic signature process.
• Whatever method you use, make sure you keep full details so you can prove service later should this be necessary.
Fire Safety
• Independent Review of Building Regulations and Fire Safety led by Dame Judith Hackitt, delivered its Final Report – Building a Safer Future in May 2018.
• Implications suggest a more simplified and streamlined system for regulation encompassing Fire service, Building Regulations and Environmental Health.
• New Joint Competent Authority (JCA) may follow for use by designers, owners and contractors.
• Implications may spread beyond typical high rise stock.