Section 21 misconceptions

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In the recent Queen’s Speech, the government reiterated its commitment to scrapping Section 21 ‘no fault’ eviction notices during the next Parliamentary session.

Paul Shamplina, star of Channel 5’s Evicted! Nightmare Tenants, founder of Landlord Action and Chief Commercial Officer at Hamilton Fraser

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Latest changes to Part L of the Building Regulations

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Landlords are required to conform to the safety and environmental rules set-out in these regulations so it’s important you understand the law regarding the building regulations. The rules are in place to ensure that buildings meet a certain standard of safety to protect residents and members of the public and to comply with environmental controls.

Do you know about the latest changes to the Building Regulations 2010, Part L?

Landlords who fail to comply with the building regulations are not only putting tenants’ lives at risk, they face prosecution and significant fines. Before letting a property and completing renovations or new building works you should familiarise yourself with the building regulations and consult your local authority.

Failure to conform could result in your local authority prosecuting both you the landlord and the installer (builder, contractor etc.) in the Magistrates’ Court. The penalty is an unlimited fine under sections 35 and 35A of the Building Act 1984.

What are building Regulations?

Most building work being carried out in England must comply with the Building Regulations of 2010 made under powers in the Building Act 1984. These Building Regulations are designed to protect the health and safety of people in and around buildings, they also provide for energy and water conservation and access to and use of buildings.

The Manual to the Building Regulations gives an overview of the building regulatory system in England. You can access the most recent version of the manual at: www.gov.uk/guidance/building-regulations-and-approved-documents-index

Building regulation approvals – Full Plans

Your local authority will check and approve plans before the work starts. This will avoid costly errors and corrective work. An application deposited under the Full Plans procedure must contain detailed plans and other information showing all construction details and materials, preferably well in advance of when work is planned to start.

If the plans are approved a notice stating that they comply will be issued and work can proceed, followed by regular inspections at various stages either by the local authority building control inspectors, or an approved private firm. Once the work is completed a Completion Certificate must be obtained. This is a vital document needed when the property is sold.

Building regulation approvals – Building Notice

If the work is not over complicated and your building contractor is competent with a good knowledge of the regulations, then a Building Notice form can be adopted. The advantage of this method is speed and low cost as detailed drawings will not be required, though some basic details such as materials and structural calculations may be needed.

Retrospective regularisation applications

If work has already been carried out without proper consent, then a retrospective application can be made using a Building Regulations Regularisation form. This may be necessary even when the work was carried out by a previous owner.

Before starting any building work involving substantial alterations to a property it is always best to consult your local authority building control team to discuss your intentions before submitting an application.

What are the pending changes in Part L?

The latest changes follow on from the The Future Homes Standard 2019 Consultation on necessary changes and are part of the Government’s progress towards their target to deliver Zero Carbon Ready Homes by 2025.

From 15th June 2022, all new homes must produce 31% less CO2 emissions than what is currently acceptable in the present Part L regulations. Therefore, the construction of new dwellings must comply with the increased energy performance standards as set in the new regulations.

Building inspectors will require an on-site audit to confirm that the design details have been constructed, and photographs must be taken at stages of construction as evidence to form the BREL report. The Building Regulation England Part L (BREL) report is produced from approved SAP software to demonstrate compliance against the requirements. However, a significant change is the addition of photographic evidence provided to the energy assessor and building control.

Under the new rules, all newly constructed buildings and building work in existing buildings must be energy efficient. This includes a significantly higher standard for extensions work. The government wants to reduce carbon emissions in new homes by 31% in comparison with current standards and by a further 75-80% by 2025.

Low-carbon heating systems will need to be installed in new homes. Existing properties will be expected to upgrade to new technologies such as heat pumps and cooling schemes to tackle the problem of overheating without the use of air conditioning in order to drive down costly bills and meet its climate change goals.

A consultation on higher performance targets for non-domestic buildings, to ensure they are zero carbon-ready by 2025, has also been announced following the original consultation.

Transitional arrangements

If a building notice or full plans for building work are submitted to a local authority before 15 June 2022, then provided the building work commences by 15 June 2023, work on that building is permitted to continue under the previous standards.

The Approved Document L, Conservation of fuel and power, Volume 1: Dwellings is for use in England. Compliance may be different to the standards required in Scotland, Wales and Northern Ireland.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Latest changes to Part L of the Building Regulations | LandlordZONE.

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All selective licensing should be borough-wide, says leading Labour figure

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According to Labour’s deputy mayor of Tower Hamlets, councils should have the power to automatically introduce selective licensing borough-wide.

Indicating the party’s policy direction, leading party figure Rachel Blake (main picture) says the current law governing where authorities can introduce licensing needs updating to reflect the growth in the private rented sector.

She attacked the announcement of a Renters Reform Bill in the Queen’s Speech for not going far enough to protect renters.

“The bill does not address the erosion of available homes that has been caused by the growth of short-term letting platforms,” says Blake.

“When I knock on doors across London, I find homes that are being let out on a short-term basis. These platforms are under-regulated, and this is another missed opportunity with this bill.”

She adds that it doesn’t include details of any extra money or set out what enforcement powers or institutions will be in place to back it up.

Local councils

“As is so often the case with this government, this bill passes the buck to local councils but doesn’t give them the funding or tools to make it a reality.”

Blake says the government has also ‘shamelessly stolen’ the name ‘Decent Homes’ which it used to drive up standards in social housing but, unlike Labour’s costed proposals, is just spin with no financial backing.

“Of course, one of the biggest issues people are facing with rocketing inflation and a cost-of-living crisis is spiralling rents, which this bill will do nothing to address.”

Tower Hamlets is one of six London boroughs which, working with London Renters Union, has promised greater landlord regulation, expanded landlord licensing and hiring more enforcement officers.

They have also all vowed to campaign for rent controls, reduce attempts to move people out of the borough and to reduce their use of ‘intentional homelessness’ decisions. 

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – All selective licensing should be borough-wide, says leading Labour figure | LandlordZONE.

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SELFIE CULTURE: 40% of tenants want an ‘Instagram’ rental home, claims BTL firm

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Landlords should give their rental properties ‘Insta’ appeal if they want to find the right sort of tenants, advises an interior design firm.

Hatch Interiors, which specialises in fitting out build-to-rent (BTR) developments, points to its research that found 40% of private tenants want to live in a build-to-rent development, often prompted by the Insta-grammable appeal of their smarter interiors.

Jodie Wardell (pictured), head of BTR, reckons landlords should up their game in order to attract these discerning renters.

“Build-to-rent has raised the bar and landlords need to keep up if they want to compete,” she says. “Modern renters want more than mismatched furniture and a landlord who takes weeks to get things fixed. They want, and expect, beautiful homes and great service.”  

Something better?

Its survey of 1,000 renters revealed that 82% currently rent from a private landlord, but 40% of those want to move into a build-to-rent development. Wardell adds: “It seems that these renters may be looking to jump ship if something better comes along.”

It also revealed that of those who are keen to move into build-to-rent, 32% want it to be ‘move-in ready’ and 37% want somewhere that is professionally designed, with these numbers increasing to 41% and 39% respectively for renters living in cities.

Those who fancy making the jump are looking for a sense of community, with 42% after a gym or yoga studio, 31% wanting a communal working space, 31% looking for space to socialise, and 33% saying that having facilities to spend time with neighbours appeals.

Some are even more demanding, as 50% want kitchenware included and 54% expect cleaning equipment.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – SELFIE CULTURE: 40% of tenants want an ‘Instagram’ rental home, claims BTL firm | LandlordZONE.

View Full Article: SELFIE CULTURE: 40% of tenants want an ‘Instagram’ rental home, claims BTL firm

Student Lodgers or HMO?

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Hi everyone. I am lending my daughter the money to purchase a 3-bed house while she’s away studying at university.

She will/intends to rent 2 of the rooms and 1 rented in a self-contained annexe.

The question is does this make it a lodgers agreement or an HMO that requires licencing?

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Section 21 valid date confusion?

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Can someone please help me to clarify a valid date to end a tenancy in section 21?

I have a standard AST tenancy which was created in 2013 for initial 12 months and then becomes a periodic tenancy.

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Generation Rent slammed over its claim that landlords ‘fake’ eviction grounds

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Propertymark has dismissed analysis by Generation Rent that suggests landlords are simply re-letting properties after evicting tenants by claiming they want to sell up.

Generation Rent studied 125 cases in Scotland between 2018 and 2021 where the landlord was seeking possession on ground 1 (an intention to sell) and checked whether each property had been sold and was still on the landlord register.

The tenants’ protest group claims that nearly one-third of those who evicted tenants in order to sell the property had failed to sell it more than a year later, while 9% of cases of tenants being evicted on grounds of sale saw the home sold to another landlord who had re-let the property.

Another 14% were still on the landlord register, suggesting they had been re-let.

Misleading

Daryl McIntosh, Propertymark’s policy manager for the UK devolved nations (main picture), says this is a misleading analysis of a very small sample of tribunal cases to feed the group’s narrative of an abused possession system.

“It is pure speculation to suggest any properties within this analysis that are either yet to be sold or still on the landlord register have been re-let,” says McIntosh.

“As Generation Rent acknowledges itself, the register is unlikely to be up-to-date because there’s no legal requirement for a landlord to do so once a property has been sold. Property sales can also be delayed for legitimate reasons including a protracted possession.”

He adds: “To pre-empt the intentions of a prospective purchaser is unreasonable, so a landlord cannot be expected to pursue a sale without first ensuring vacant possession.”

Generation Rent wants extra protections for tenants who face eviction for reasons beyond their control, including a requirement for landlords who wish to sell to advertise the property with a sitting tenant before seeking eviction.

The English government is currently considering how to introduce a similar ‘register’ for landlords and their properties.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Generation Rent slammed over its claim that landlords ‘fake’ eviction grounds | LandlordZONE.

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There’s nothing that will stop Landlord Sales Agency from getting your property portfolios sold in just 19 days

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Last year, because interest rates were so low and many landlords were incorporating, landlords weren’t thinking of selling. This year however tells a completely different story. Mortgages have shot up following high interest rates, leaving an innumerable amount of landlords with impossibly large bills.

View Full Article: There’s nothing that will stop Landlord Sales Agency from getting your property portfolios sold in just 19 days

Amended rules for landlords on fitting carbon monoxide alarms

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Landlords in England have since October 2015 been required to install carbon monoxide alarms in their residential rented accommodation where a solid fuel solid fuel heating appliance was fitted.

This would include all open fireplaces that were available to be used, that is where the flue was not blocked off.

The new regulations now drafted extend the requirement for these alarms to be fitted where there is any type of fixed combustions appliance, such as gas heaters, cookers and boilers. A Draft Statutory Instrument was laid before Parliament on 11 May 2022. When approved this amendment will come into force on 1 October 2022.

For many years experts have questioned the wisdom of excluding gas appliances from the requirement to have a CO alarm in the room, so this amendment will now rectify this oversight. Landlords now have this lead time to sources and properly install a suitable CO alarm in rooms where a gas appliance is fitted.

The new regulations apply to rental houses and flats and to HMOs. The penalty for none compliance is a fine of up to £5,000. The amendment applies to England currently, but similar requirements are to be introduced in Wales through the Welsh Assembly’s Renting Homes Wales Act.

These amended rules under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 include a new management requirement placing an obligation on the person responsible for managing the property to repair or replace a faulty carbon monoxide alarm when a tenant reports this defect. The regulation states:

“Regulation 5 amends regulation 4 of the 2015 Regulations. From the coming into force of these Regulations, relevant landlords of a specified tenancy are required to ensure that, during any period when the premises are occupied under the tenancy, a smoke alarm is equipped on every storey where there is a room used as living accommodation and a carbon monoxide alarm is equipped in any room used as living accommodation which contains a fixed combustion appliance (which is a wider duty to the previous requirement for a carbon monoxide alarm to be equipped in any room which contains a solid fuel-burning combustion appliance) except for gas cookers.

“The amended regulation 4 includes a new requirement to ensure that when a tenant (or a tenant’s nominated representative) reports that an alarm may not be in proper working order is made, and the alarm is found not to be in proper working order, the alarm must be repaired or replaced. New paragraph (3A) provides that the landlord must carry out the new requirements as soon as reasonably practicable.”

What is carbon monoxide (CO)?

This is a highly poisonous gas produced by the incomplete burning of any carbon fuel such as natural gas, liquefied petroleum gas (LPG) and solid fuels such as coal, coke and wood. It is likely to happen when appliances and flues have been incorrectly fitted, when repairs are not carried out correctly or when not regularly serviced by a qualified person.

Carbon monoxide will build up in a room when flues, chimneys or air vents are blocked and can be can become deadly to occupants.

It is especially dangerous because CO cannot be seen, tasted or smelled. It is easy to mistake its effects and symptoms for common ailments: colds, viruses and even a bad hangover. The main symptoms are: Headaches, Dizziness, Nausea, Breathlessness, Collapse, Loss of consciousness.

Warning flags should result when these symptoms only occur when a person is present in the room or home for a period where the appliances exist, and may abate when away from the room. It is also a flag when other household members all suffer the same symptoms.

What do you need to know about CO alarms?

Installing a Carbon Monoxide Detector & Alarm is usually a simple DIY task, with most detectors only requiring a couple of screws. Most battery alarms include long life batteries to minimise maintenance. Mains powered alarms which are better will obviously require expert fitting.

There is a wide range of carbon monoxide detection alarms available from the UK’s leading manufacturers, all Kite Marked and compliant with BS EN 50291. Battery or Mains Powered alarms, with varying features are available including brands such as Aico, FireAngel, Honeywell & Kidde.

It is suggested that landlords follow closely the alarm manufacturer’s instructions which typically say the alarm should be at head height between 1-3 meters away from the appliance.

It is advisable to get a qualified Part P and Gas Safe Engineer to install your smoke and carbon monoxide alarms in your rental properties. If you do install them yourself you should have the Gas Safe engineer to check them when carrying out the annual gas safety checks.

Requirement to ensure the alarms are in working order

The landlord of agent is specifically required to carry out a check to ensure that smoke alarms or carbon monoxide alarms are in proper working order on the day a tenancy begins where it is a new tenancy and with these new regulations the landlord is under an obligation to repair / replace if the tenant reports a defect.

From the landlord / agents’ point of view it is safest to assume an ongoing obligation to ensure that smoke alarms and carbon monoxide alarms installed in their properties are in proper working order at all times because tenants may not always do this. It has been known for tenants to remove batteries from these devices.

It is always best and safest therefore that landlords of rental properties assume this responsibility for the checks when carrying out regular property inspections, and to have them included in the annual gas safety checks carried out by a Gas Safe engineer.

Tenants should also be advised (and written into the tenancy agreement) to test smoke and CO alarms themselves regularly and clean them with a vacuum soft brush attachment to make sure dust particles don’t build up around the sensors.

In some models batteries will need to be changed annually, though most makes now provide alarms with 10 year battery operation. Even mains wired alarms will have a battery back-up. After ten years, it’s probably best to fit a whole new alarm.

Regular inspections should include testing the functioning of all alarms fitted in the property and this process should be fully documented to prove this was done. There is grey area in the rules here when landlords try to place the responsibility to check the alarms are working onto the tenant.

Who must comply with the alarm requirements?

The requirements are imposed on the immediate landlord of the tenant, including when any tenancies are granted through subletting.

In addition, as this is now a mandatory licensing condition, if the property requires a mandatory, additional or selective licence, then it is the responsibility of the licence holder to ensure that suitable alarms are properly fitted in the property, tested and maintained in working order.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Amended rules for landlords on fitting carbon monoxide alarms | LandlordZONE.

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Seamless switching… Are you thinking of changing your agent? The experts at Belvoir advise

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We are all accustomed to regularly checking that we are getting the best deal with our fuel suppliers, investments, and insurance and if we find a better deal we know it’s time to switch. But as a landlord, when was the last time you sat down and gave thought as to whether or not you are working with the best agent? This does not mean finding a cheaper agent, it means finding the best agent to work with you so that your life as a landlord is made as easy as possible. Being a landlord is not without risk, but a good agent can help to reduce the risks by finding great tenants, ensuring your property is well maintained, advising on rents and of course making sure that you receive money that is owed to you without delay each month. A good agent will also communicate with their landlords regularly, informing them of the results of property inspections, the resolution of maintenance issues and of course advise on upcoming changes to legislation, so that landlords can avoid the hefty fines that can be a consequence of non-compliance.

If you have been with the same agent for a long period of time and rarely hear from them, or you are discontented with the service that is being provided to you, then it may be time to arrange a meeting so that you can voice your concerns. Providing your current agent with a chance to understand your views and make any necessary improvements is always a good first step, particularly if you have worked with the agent for some time. Communication is a two-way street, and landlords should feel that they are able to discuss matters freely with their agent, but if after doing so you think that concerns have not been addressed and your portfolio could be managed more effectively, don’t hesitate to switch. Fortunately, changing agents is not a complicated procedure – in fact your new agent will do the majority of the work for you. Here are five easy steps to help you make the switch…

1. Research your local area to find a new agent that you would like to work with. Visit the office, talk to the agent, meet the team and discuss all the matters that concern you so that you get a feel as to whether this is a company you can work with. Belvoir has offices nationwide and offers a complete management service with quarterly property inspections and exceedingly high standards of customer service, particularly with regards to legal compliance.
2. Check the terms and conditions of your current contract so that you know what the notice period is. If you find it difficult to locate where the notice period is within the contract you can always take your paperwork in to your local Belvoir office for them to check this for you. Once you have confirmed what the notice period is, make sure you write to your current agent informing them that you intend to give notice.
3. Once you have found the right agent to work for you, you should instruct them to manage your properties on your behalf. You will then need to complete all the necessary paperwork and provide the documentation that your new agent will require.
4. Once you are signed up with the new agent, they will liaise with your previous agent and deal with everything on your behalf. This removes the need for you having to embark on any potentially awkward conversations. Your new agent will also arrange for the collection of keys and paperwork, as well as checking the important safety certificates to ensure that your property is totally compliant with existing regulations.
5. If you already have a tenant in situ, Belvoir recommends that you give the new agent at least a month to make the switch so that they have sufficient time to communicate with the tenant, explaining that they are now acting on your behalf and providing them with all the information they will need, including new contact details for reporting maintenance issues or any other problems during the tenancy.

For more information on switching agents visit: https://www.belvoir.co.uk/switch/

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Seamless switching… Are you thinking of changing your agent? The experts at Belvoir advise | LandlordZONE.

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