BREAKING: Welsh landlords must give six months’ eviction notice until 24th March

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The Welsh government has taken the unexpected decision to extend the period during which landlords must give tenants six months’ notice prior to an eviction until 24^th March 2022.

The current period had been due to run out on 31^st December but, with time running out, housing and climate minister Julie James has now moved to use her powers under the country’s Covid legislation to extend the eviction regulations.

She has extended the extended-notice eviction rules on several occasions during the pandemic, and the only good news for landlords is that this is the last time the Welsh government can do this without new Covid legislation being passed.

“The purpose of this alteration is to ensure that, at a time when there remains a serious threat to public health, both as a result of Covid-19 case rates remaining high overall and concern regarding the emergence of the new Omicron variant, landlords will continue to be required to provide an increased notice period to tenants before they can issue proceedings for possession,” James told the Welsh Senedd today.

Another blow

Ben Beadle, Chief Executive of the National Residential Landlords Association, says: “The Welsh Government’s decision today to further extend notice periods will come as yet another blow to landlords in the sector.

“It will cause hardship to landlords suffering at the hands of deliberate rent dodgers, as well as those with tenants causing nuisance to neighbours and house mates through anti-social behaviour.

“The decision to ask landlords to carry the Covid can once again, reinforces the need for the Welsh Government to work harder at distributing the tenancy hardship grant to those in greatest need, so that rent debt can be paid down and tenancies sustained in the interest of both parties.”

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Contractor sentenced after mishandling asbestos…

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One contractor received a criminal record, being handed out a 100 hours community service sentence, with a further ten days Rehabilitation Activity after he employed untrained labourers to work on a building. They inadvertently disturbed asbestos and were seen by a member of the public working dangerously at height and spreading asbestos debris around the site.

Builder, Fahadh Rasheed was sentenced at Southwark Crown Court after he was employed by the council to convert a toilet block in Valentines Park, Ilford, into a community meeting centre. Unfortunately for Rasheed the building contained asbestos and his unskilled and untrained workers disturbed a significant amount of the dangerous asbestos insulation board present in the structure.

A member of the public reported this to the Health & Safety Executive (HSE) after observing the workers on the roof, without scaffolding or any other safety measures, and asbestos fragments visible across the site.

What should have happened was the builder would have carried out a refurbishment and demolition asbestos survey before he began work and when the asbestos was found, before it was disturbed, a licensed asbestos removal company should have removed it.

Furthermore the workers should have been trained to spot the hazards. The building should have been scaffolded and when he engaged the workers the builder should have made sure they had the necessary skills, knowledge and experience, including working at heights and had asbestos awareness training.

After the court hearing HSE inspector David King said:

“This was a case of a contractor completely failing to grasp the importance of planning, managing and monitoring construction work to ensure the health and safety of construction workers.

Companies and their Directors should be aware that HSE will not hesitate to take appropriate enforcement action against those that fall below the required standards.”

Duty to manage asbestos

Builders and contractors have a statutory duty to manage asbestos, included in the Control of Asbestos Regulations 2012. The duty requires them to manage the risk from asbestos by:

– finding out if there is asbestos in the premises (or assessing if asbestos containing materials (ACMs) are liable to be present and making a presumption that materials contain asbestos,

unless there is strong evidence that they do not), its location and what condition it is in;

– making and keeping an up-to-date record of the location and condition of the ACMs or presumed ACMs in the premises;

– assessing the risk from the material;

– preparing a plan that sets out in detail how it is going to be managed as a risk from this material;

– taking the steps needed to put the plan into action;

– reviewing and monitoring the plan and the arrangements made to put it in place; and

– setting up a system for providing information on the location and condition of the material to anyone who is liable to work on or disturb it.

The dutyholder

All non-domestic buildings, whatever the type of business, are affected by the regulations on asbestos. They also include the common areas of domestic buildings, eg HMO’s halls, stairwells, lift shafts, roof spaces, All other domestic properties are not affected by the duty to manage.

Anyone who has information on the whereabouts of asbestos in premises is required to make this available to the dutyholder, but those undertaking work will need to assess its reliability. Those who are not dutyholders, but control access to the premises, have to co-operate with contractors in managing the asbestos.

You are a ‘dutyholder’ if you own the building; you are responsible through a contract or tenancy agreement; you have control of the building but no formal contract or agreement; or in a multi-occupancy building, you are the owner and have taken responsibility for maintenance and repairs for the whole building.

A refurbishment/demolition survey – HSE

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DEAR LANDLORD: Minister publishes letter urging you to help stop Covid surge

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Landlords have been tasked with urging tenants to keep their homes well ventilated this winter to combat the spread of Covid.

Housing Minister Christopher Pincher (pictured) has issued advice to both private and social landlords which they should pass on to tenants, including the importance of letting fresh air into indoor spaces, part of the COVID-19 Response: Autumn and Winter Plan 2021 which was published in the autumn.

It says this will not only help reduce transmission of the virus but will also reduce condensation, damp and mould.

“If you have responsibility as a landlord, whether in the social rented sector or private rental sector, we ask that you help us in our efforts to encourage behaviours to help combat the virus and cascade the message of the importance of good ventilation to your residents,” Pincher says in a letter sent to all landlords.

Rising costs

However, Pincher acknowledges: “We are aware that some residents will be reticent to ventilate their homes in the winter temperatures, especially in the current climate of rising fuel costs.”

For anyone having difficulty heating their homes, it asks landlords to share details about the Simple Energy Advice website and helpline, the Warm Home Discount, Cold Weather Payments and Winter Fuel Payment, and also suggests tenants could talk to their energy supplier.

Window of opportunity

The letter includes key messages for tenants and a toolkit of materials, advising landlords that they need to make sure all rooms have functioning openable windows or functioning extractors.

The government suggests they should consider installing positive pressure or constant run ventilation systems to reduce the likelihood of condensation and to make sure tenants know how to operate ventilation and heating systems to achieve a “healthy and economic balance of heating, ventilation and moisture production within the home”.

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New build standards will require a 30% reduction in CO2 emissions

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New homes and buildings in England will have to produce significantly less CO2 under new rules announced by the government to help the country move towards net-zero.

Under the new regulations, CO2 emissions from new build homes must be around 30% lower than current standards and emissions from other new buildings

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DPS Statutory Declaration to rub salt into the wound?

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Hi guys. I’ve been a landlord for around 15 years, managing my own small portfolio, for the first time I’ve had to go back to DPS to claim a deposit in full (£650). The tenant who left around 4 weeks ago

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