Section 8 hearing adjourned due to hospitalisation?

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I have a tenant in arrears for more than 6 months and a court hearing was scheduled this Monday based on Section 8.

The tenant called the court the morning of the hearing to say he’s in hospital so the hearing was adjourned.

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Criminals sentenced for money laundering fraudulent rents

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Three men have been sentenced for their part in a rental fraud operation which left landlords and tenants £50,000 out of pocket. Adnan Iqbal, aged 34 from Barking, Shaidul Islam, aged 29 from Ilford and Kamran Malik, aged 31 from Plaistow pleaded guilty to money laundering in April 2019. The sentences follow an investigation spearheaded […]

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Oliver Knights used for money laundering fraudulent rental payments

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Three London criminals have been sentenced after pleading guilty to money laundering in April 2019. Two criminals were sentenced on 27th June 2019 and the third was sentenced on 21st September with all the sentences were handed down at Snaresbrook Crown Court.

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Fire door safety – Is your property protected?

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Fire Safety:

As a landlord it is your responsibility to keep your tenants safe and
secure, with fire safety being amongst one of the most important
areas to consider. Landlords should not underestimate their legal
responsibilities when it comes to fire safety as this really can make
the difference between life and death for your tenants.

One area often not given much thought in relation to fire safety is
the importance of fire doors. Often fire doors are not given a second
glance, but in the event of a fire they can be a vital lifeline for
your tenants, as well as minimising property damage, and stopping
fire spreading throughout the property.

Fire door safety week, which took place from 23-29 September 2019,
provides support, guidance and advice on how to ensure fire doors are
correctly identified, installed and maintained in your property. This
annual reminder of the importance of fire safety is the perfect time
to check over your property, including fire safe doors, to ensure
that you are compliant with your legal obligations. Why not also
share some fire prevention tips with your tenants?

What is a ‘fire door’?

In the most practical sense a fire door serves the same function as a
regular door, however in the event of a fire, it provides a first
line of defence for your tenants. Fire doors help to delay the spread
of fire and smoke, giving your tenants valuable time to get to
safety. When ‘fire safety’ is mentioned many people forget about
the devastating effects of smoke inhalation. Smoke travels much
faster than fire and can cause disorientation, lack of visibility and
breathing problems. Toxic smoke often results in a fatality long
before the fire reaches the occupant, and so a secure fire door can
also help to prevent the escape of noxious gases.

Fire doors differ from regular doors as they have been rigorously
tested and manufactured in accordance with British or European safety
standards. They will have supporting evidence for their specification
in the form of a safety performance certificate and should be
correctly fitted, and maintained, in order to operate effectively.

In the event of a fire, an incorrectly fitted fire door can fail in less than five minutes, dramatically reducing the ability of tenants to get to safety. In comparison, a certified and correctly fitted fire door should be able to hold back fire for 30 minutes or more*. The London Fire Brigade provide detailed guidance on the importance of fire doors, including a video demonstrating the clear and dangerous differences between a regular door and correctly fitted fire door.

For comprehensive fire door guidance, including how they work, their design and specification and safety regulations, download the ‘Fire Door Alliance Fire Doors and Doorsets Best Practice Guide’.

*fire
doors may vary, it is important to check your fire door specification
and carry out regular maintenance to ensure that there is no damage
leading to a reduction in its performance.

What are your obligations as a landlord?

Under the
Regulatory Reform (Fire Safety) Order 2005 (FSO), landlords are
responsible for ensuring the safety of their tenants and making sure
that their properties are fire safe. Landlords can be prosecuted if
they fail to meet these requirements and therefore it is extremely
important to take your fire safety responsibilities seriously.

Earlier this year a family of four had a lucky escape after their home caught fire in the early hours of the morning. Smoke alarms that had been installed in the property by the landlord, alerted the family, giving them enough time to escape safely with no injuries. There is specific guidance that landlords are required to adhere to in relation to smoke and carbon monoxide alarm regulations.

Landlords are
required under the Regulatory Reform (Fire Safety) Order 2005 (FSO),
to carry out periodical risk assessments in the common areas of
Houses in Multiple Occupation (HMOs), flats, maisonettes and
sheltered accommodation. In addition, all tenants should have easy
access to an unrestricted escape route at all times. Correctly
installed fire doors will help to aid an escape in the event of a
fire.

It is important
to note that HMOs require a specific set of fire precautions,
including emergency lighting that is able to resist fire, smoke and
fumes for long enough for residents to evacuate the property.

HMOs are also
required to have at least one fire extinguisher on each floor and at
least one fire blanket in each shared kitchen facility. In other
residential properties it is not mandatory to provide a fire
extinguisher, however it is strongly recommended that landlords do
provide them for their tenants and ensure that all fire extinguishers
are regularly serviced.

For more information on all landlord fire safety regulation visit the government website – Fire Safety Order (FSO).

You can read more about your fire safety responsibilities here.

Five simple steps for a fire door check

As a landlord you
should carry out regular inspections of the property to check for
general fire safety as well as checking fire doors.

Landlords can
carry out a simple ‘5 step fire door check’ as recommended by
Fire
Door Safety Week
to make sure your fire doors are in good working order.

1. Check that your doors are certified. Look out for a label or plug on the top or side of the door in order to ascertain whether the door is a certified fire door. Without a certification mark you cannot be sure that the door will provide adequate protection
2. Mind the gaps! Make sure that the gaps around the top and sides of your fire doors are consistently less than 4mm when closed. A good test is to run a £1 coin between the frame and fire door to check. Fire Door Safety Week also points out that the gap under the door can be slightly bigger (up to 8mm), but this is dependent on the type of door you have however you should not be able to see any light under the door. If you can, this is an indication that the gap is too big and could result in smoke escaping. It is always recommended to seek advice from an expert contractor to ensure your door is safe
3. Check the seals. All fire doors should have intumescent seals around the door or frame – take a look at the edges to see if you can see this sealant. The seals work by expanding when in contact with heat, which can help to stop fire and smoke leaking through the cracks
4. Are your hinges compliant? Fire doors should have three or more firmly fixed hinges. Check to make sure there are no broken or missing screws which could impact on the efficiency of the fire door. This may be caused by wear and tear so it is important to check this on a regular basis
5. Does your fire door close correctly? Fire doors should always close completely. A fire door that is obstructed or doesn’t close fully offers no protection. You can test this by opening and letting the door go to assess its range and whether it is obstructed. Remind tenants that they should not block or prop fire doors open

Keeping your
tenants up to date with fire safety

Opening up a good
line of communication between you and your tenants can help to ensure
that any safety issues in the property are rectified before they
become a problem.

Some top tips
that landlords can share with their tenants include:

• Remind
  tenants not to overload sockets with multiple appliances

• Suggest that
  tenants switch off and unplug any appliances they are not using
• When a
  tenancy begins all smoke alarms must be working, make sure to remind
  tenants to then test these at regular intervals (once a month) and
  either change the batteries or get in touch if they are not working

• Remind
  tenants to keep naked flames, such as candles, away from furnishings
  and placed in an area where they cannot be easily knocked over

Fire claims
are rising

A recent report,
‘10 years of property claims’, conducted by Hamilton Fraser Total
Landlord Insurance, found that fire is an increasing claims trend.
These claims were on an upward trajectory entering into 2019 after
dipping around 2015-17. In addition, fires seem to spike
significantly around the winter months. With this in mind, landlords
should be especially vigilant in reminding their tenants about fire
safety during these months.

Read the 10 years of property claims report.

Fire safety
should be a priority for landlords and something that should be
adequately assessed and implemented when letting out a property.
Following government guidance and legislation is vital for keeping
tenants safe, and mitigating against the risk of fire. Fire doors
significantly contribute to a reduction in fire related deaths and
property damage when installed, used and maintained correctly.

For more information on landlords’ legal obligations read – ‘Legislation for landlords: Everything you need to know’.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Fire door safety – Is your property protected? | LandlordZONE.

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Cannabis farms and your rental property: Know the signs to spot

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Shocking figures released this month by Lincolnshire Police reveal that in the past year, the force has located around 75 cannabis grows across the whole county. A number of the grows were found in rental properties, and the police is now helping landlords spot the potential signs that their rental home is being used as […]

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Landlords selling up in frustration – Rightmove

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New Rightmove research indicates 24% of landlords are planning to sell at least one property from their current portfolio, 13% will be selling more than one and 11% report they wish to sell their entire portfolio.  This is despite rents being at record levels having increased by 2% in the last year.

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Law firm says social housing should be exempt Section 21 reforms…

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Abolishing
Section 21:

The law firm
Devonshires says that the Government should exempt social housing
from its plans to abolish the assured shorthold tenancy regime,
claiming that the proposals could “inadvertently reduce the supply
of homes for rent.”

The Ministry for
Housing, Communities and Local Government (MHCLG) launched a
consultation on abolishing so called ‘no-fault’ evictions and
improving Section 8 grounds which closed last Saturday, 12th October,
after a 12 week period.

The Government is
proposing to remove Assured Shorthold Tenancies (ASTs) from the
Housing Act 1988 which would mean that all landlords, both private
and social, would be restricted to offering only the more
tenant-protected assured tenancies.

If the Government
decides to continue with the changes – and that is by no means
certain following the consultation exercise and a possible “change
of tack” after a new cabinet came in recently, with a host of new
policies – it would be a game changer for the industry.

Devonshires argues
that the proposals could have the unintended effect of reducing the
supply of homes for rent. This they say would affect the private
rented sector or those offered by private registered providers (PRPs)
of social housing.

If the assured
shorthold tenancy and the use of Section 21 of the Housing Act 1988
is abolished, landlords will be unable to evict tenants without
giving a reason in court, an adversarial system which introduces
uncertainly and costs for landlords, and a massively increased
workload for an already overstretched court system..

New grounds for
eviction would be introduced which landlords would need to rely on in
court in all evictions, setting out evidence, reasons and
circumstances under which they seek a Court order to evict.

Devonshires says:

“The proposals
fail to adequately guarantee that landlords would be able to regain
possession in an efficient manner,” the response says, given that
the government has yet to decide on whether to establish a Housing
Court, and did not pledge any further investment in the courts in
last month’s Spending Round. Further, HM Courts and Tribunals
Service’s modernisation project for possession proceedings has not
yet even begun.

“Notwithstanding
the lack of funding, courts are already full of complex and lengthy
proceedings involving housing issues. These proposals would only
serve to exacerbate that.”

Devonshire’s
social housing specialist says that it already takes “an inordinate
period of time” to conclude legal proceedings.

“This means longer
delays and more pressure on an already over-worked court system. No
proposals have, as yet, been made to deal with that.”

Devonshires are
concerned about the unintended consequences of these proposals, for
example the loss of starter tenancies which are a useful tool for
tackling anti-social behaviour and the potential impact on Private
Sector Leasing Schemes – which provide much-needed housing options
for the homelessness sector – where landlords may not be able to
recover possession easily and swiftly.

Devonshires says the
proposals will make it more costly for landlords to recover
possession as well.

“This means an
increase in legal budgets which, in turn, results in less money to
expend on other projects including development and new homes being
built. Overall the proposals could threaten the supply of homes for
rent, in both the private and social sector.”

Nick Billingham a
partner and head of Housing Management and Property Litigation at
Devonshires, says:

“There is concern
that the proposals may limit the supply of homes – for example, if
PRPs are not exempt, then the loss of starter tenancies may mean they
will be less willing to take a chance on nominees from local
authorities whose history suggests they may not be able to sustain a
long-term tenancy.”

“It would result
in the incongruous position that a tenant of a local authority, who
should have the highest degree of security of tenure, actually having
the lowest because of a local authority’s ability to offer an
introductory tenancy, for example.” This is a one-year trial
tenancy where it is much easier to evict the tenant than usual.

Nick Billingham says:

“The reality is
that the Government needs to sort out the court system before it
contemplates reform – all the rights in the world are of no use,
for landlord and tenant alike, if they cannot be enforced in an
effective, timely and cost-efficient way.”

Devonshires is a
‘full service’ law firm. From offices in London, Leeds &
Colchester legal services are provided throughout the UK, with
clients ranging from some of the world’s largest multi-national
corporations to private individuals.

The Proposal – A new deal for renting: resetting the balance of rights and responsibilities between landlords and tenants

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Top 25 UK Buy to Let postcodes

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Liverpool’s L1 boasts a strong 10% profit margin, smashing the 3% yield many of the UK’s postcodes offer. In L1, landlords snap up a property for an average of £90,000 and support their investment with a significant asking rent of £750 per month.

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