A rogue landlord whose HMO was dangerous and uninhabitable has been handed a £48,000 fine
Tariq Javed, from Aylesbury, failed to comply with HMO regulations for his property on St Johns Road in the town, following regular inspections by Buckinghamshire Council officers from October 2019 to February 2020.
Javed was given multiple warnings that the house did not meet minimum standards. Officers found a long list of problems including a non-working fire detection unit, obstructed fire escape routes, trip hazards and a lack of lighting on staircase and other escape routes. The landlord failed to comply with notices to provide legal documents such as tenancy agreements and gas safety certificates. He also failed to comply with an improvement notice to bring the property up to an acceptable standard.
Javed did not appear before Buckinghamshire Magistrates Court to explain his actions and was fined £48,000 in his absence, which included more than £6,000 in costs. The magistrate said: “We believe Mr Javed exercises control and manages the property. Within the property hygiene was woefully lacking, it was uninhabitable. The kitchen was unfit for use, the gas supply was a risk and there was danger of electrocution.”
He added: “Importantly the escape routes were cluttered and dangerous due to trip hazards and a child could fall through the gaps in the staircase bannister.”
Nigel Dicker, service director for housing and regulatory services for Buckinghamshire Council, says: “Mr Javed failed in his duty as a landlord to provide decent, safe and clean accommodation for his tenants. He did not comply with legal requests from council officers to carry out the works needed to improve the property. We hope this substantial fine sends the loud and clear message to any landlord who puts profits ahead of people that we will always take action to protect our residents.”
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Landlords and letting agents have been advised to keep a paper trail of communication to avoid enforcement action
Landlords and letting agents have been advised to keep a paper trail of communication to avoid enforcement action if they can’t meet the new Electrical Safety Standards that go live today.
All tenancies in England are now covered by the regulations that require landlords to ensure all fixed electrical installations are safe and maintained correctly – and face a fine of up to £30,000 if they don’t. However, the government recognises that Covid restrictions can mean it is more difficult to comply with the regulations and says: “For this reason, we have written guidance to address the concerns people may have about carrying out work during the pandemic to ensure that properties are kept in good repair and free from hazards.”
Propertymark has warned the government that the huge task of ensuring all rented homes comply in time was unlikely and that an “anticipated and widespread failure in compliance” would follow. Policy and campaigns manager, Timothy Douglas, says: “Importantly, due to the impact of the pandemic, where work is unable to be carried out, letting agents should document all activity relating to arranging, planning and scheduling work. Creating a paper trail of communication between tenants, landlords and electricians will help safeguard agents against any enforcement activity in order to show they have done everything they can to comply.”
Landlords must now have the electrical installations in their properties inspected and tested by a qualified and competent person at least every five years. This includes the ‘fixed’ electrical parts of the property, such as wiring, plug sockets, light fittings and fuse box along with permanently connected equipment including showers and extractors. They must then give a copy of the electrical safety report to their tenants and the local authority if requested.
The Management of Houses in Multiple Occupation (England) Regulations 2006 previously put specific duties on landlords around electrical safety but HMOs are now covered by these new regulations.
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Build to rent booms as US-style renting takes off in UK
The UK’s build-to-rent sector could soon take a 20% share of the new homes market if it follows trends seen in the US.
New research from letting agent Ascend Properties reports huge growth potential in the sector where an estimated 11,723 build-to-rent homes – mainly apartments for professionals – are due to complete this year, a 22% increase in just four years.
The comparable Stateside build-to-rent model – known as multi-family – completions are set to top 327,718 units this year, a 19% jump from 2018.
Multi-family completions accounted for 23% of all new builds in the US that year, with this number staying consistent last year (22%), while in the UK build-to-rent accounted for just 4% of all new build completions in 2018, climbing to 6% last year.
However, Ascend believes this is an impressive rate of growth for a sector yet to fulfil its full potential and predicts this could change as the emerging market becomes more established.
Tailor-made
Both countries deliver tailor-made accommodation for long-term living within the rental sector, with a focus on community and plenty of amenities.
As the build-to-rent sector is growing fast, it won’t be long before it’s accounting for the same proportion of new builds in the UK, if not more, says MD Ged McPartlin. “A comparison of the multi-family model and the build-to-rent sector isn’t quite comparing apples with apples, but the ethos is very much the same and so is the end result,” he adds.
“The multi-family market is a trillion-dollar business and accounts for more than a quarter of all real estate investment in the US. While we have quite some way to go in achieving this sort of dominance in the build-to-rent sector, the sharp growth seen in recent years suggests we are well on our way.”
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Government to give go-ahead to convert empty shops into flats
Under planning reforms to be introduced by housing minister Robert Jenrick, planning restrictions will be relaxed so that empty shops can converted more easily into housing.
In a drive to revitalise high streets, many devastated by long-term decline and more recently the impact of Covid with the shift to on-line shopping, full planning applications will no longer be required to convert shops into housing.
Under expanded permitted development rights (PDRs) developers will find it much easier to obtain permission to convert retail space into housing from this coming August.
It will also be much easier to change the use of empty retail and business spaces into other uses such as cafes or restaurants. Since their introduction in 2015, PDRs have allowed the creation of 73,000 housing spaces, conversions which otherwise would have been turned down under existing planning laws.
Closing stores
Now, with over 17,000 stores closing on Britain’s high streets, the government and local authorities are desperate to see a revival of the many devasted town centres up and down the country. One way to achieve that experts think is to encourage more town-centre living.
The package of measures being introduced by Mr Jenrick will also give additional planning rights for public buildings, for example, schools, universities and hospitals to expand their premises, without the need for detailed planning applications, under the PDR regime.
Currently homes, businesses and public authorities are allowed to build small extensions without the need for full planning applications under PDR, but these new rules will take this process a step further, allowing more flexibility in what is and is not allowed, making the planning process operate as a faster more streamlined service.
The Ministry of Housing, Communities and Local Government (MHCLG) has said converting unused business premises into homes will revitalise many run-down high streets by encouraging people to live, work and enjoy leisure in these locations.
MHCLG insists that this relaxed planning regime will not in any way lower standards, as basic planning and building regulations will still control how the premises are incorporated into, for example, retail space, and ensure that they provide adequate natural light and space standards.
Bounce back
Jenrick said: “We are creating the most small-business-friendly planning system in the world to provide the flexibility needed for high streets to bounce back from the pandemic.
“By diversifying our town and city centres and encouraging the conversion of unused shops into cafes, restaurants or even new homes, we can help the high street to adapt and thrive for the future.’
The Government, under this same legislation, is also seeking to safeguard important heritage assets such as statues, memorials and monuments by way of changes to existing permitted development regulations, to ensure that demolition of unlisted heritage assets must be approved by planners.
Seaports will also come under the PDR regime to give them the same development freedoms already enjoyed by airports when undertaking new developments.
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Latest updated guidance for Electrical Safety Standards in the PRS
From 1 April 2021 the Regulations for Electrical Safety Standards apply in all cases where a private tenant has a right to occupy a property as their only or main residence and pays rent. This includes assured shorthold tenancies and licences to occupy.
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2% Stamp Duty surcharge for non-UK residents from 1st April
From 1 April 2021, a 2% Stamp Duty Land Tax (SDLT) surcharge will apply to purchasers of residential property in England and Northern Ireland who are not resident in the UK. Click Here
The 2% surcharge applies to all ‘non-resident transactions’
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