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Last Chance To Book Face To Face Accreditation Course – Last Couple Of Places Available

Posted on September 23rd, 2024 -

Landlord Accreditation Training Course – Face to Face

Thursday 3rd October 2024 – 9:15 – 4:30pm

Venue – Reception Room, Plymouth Council House, Armada Way, Plymouth PL1 2AA

Price – £80 for members of SWLA, £100 for non – members for one day course.

Course covers ASTs, Deposits, Section 21s, Section 8s, HMOs, Gas and Electrical Safety, Inventories and much more.

The course will provide you with all the skills to start, manage and finish a tenancy.

Places still available. Contact the office on 01752 510913 or via the website to book your place, places secured on receipt of payment.

Over 1230 landlords have already completed this course since September 2011.

Course can lead to Accreditation, if required.

We are proud to announce Landlord Accreditation South West (LASW) are founder members of the West of England Rental Standard.


Fine for Landlord for not Providing Electrical Safety Certificate

Posted on September 15th, 2024 -

A Hastings landlord has been fined £10,000 after failing to provide a satisfactory Electrical Installation Condition Report (EICR) to Hastings Borough Council.

The council had requested that the landlord provide the certificate, which shows that electrical safety standards are met within a property. It is a legal requirement to produce the certificate when a council asks for it. The Housing Renewals team at the council worked with the landlord, and after he failed to provide the certificate, the council took court action. An appeal to the First Tier Tribunal (Property Chamber) by the landlord has been struck out for failing to comply with directions given by the tribunal.

Cllr Glenn Haffenden, lead councillor for Housing and Community Wellbeing, said: “Regular and timely checks of the electrics within properties is an important safeguard for occupiers as faults and issues with electricals may not always be visible. The consequence of faulty installations that go undetected may not only put occupiers at risk of electrical shocks but also contribute to other hazards such as fires.

“As a council we are keen to support our landlords who provide a much-needed contribution to the private rented sector in the town. Our team of officers will engage with landlords where appropriate to achieve compliance. However, where this is not appropriate or engagement is not forthcoming, we will not hesitate to take proportionate enforcement action. This protects occupiers but also helps to support a level playing field for those landlords who do comply with their duties and responsibilities.”

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 were implemented to ensure that electrical safety standards are met in properties in the private rented sector and cover a range of issues including: how and when checks of electrical installations are carried out, who may carry out checks and that certificates are provided confirming that standards have been met. Each Local Authority has the regulatory duties and powers to ensure compliance with these regulations and failure to comply can attract a financial penalty of up to £30,000.

SWLA remind all members to keep an in date EICR for each privately rented property. Diarise the re-inspection before each EICR expires, the expiry is usually 5 years but can vary.

A few facts about EICRs

An EICR is a report carried out to assess the safety of the existing electrical installation within a property and is used to describe its condition. Parts of the system that are reported on include consumer units, protective bonding, lighting, switches and sockets etc. Its purpose is to confirm as far as possible whether or not the electrical installation is in a safe condition. The EICR will show whether the electrical installation is in a Satisfactory or Unsatisfactory condition and will detail a list of observations affecting the safety or requiring improvements. These observations will be supported by codes:

Unsatisfactory Codes are:

  • C1 – Danger present, risk of injury, immediate remedial action required
  • C2 – Potentially Dangerous, urgent remedial action required
  • FI – Further investigation required

A Satisfactory Code is:

  • C3 – Improvement recommended

Action is required if the EICR issued is Unsatisfactory. If an EICR contains a C1, C2 or FI code, it is unsatisfactory. If a C1 is discovered, the electrician will often take action to make safe the dangerous installation using temporary measures. Then, as is also the case with a C2 or FI code, it will be the owner’s responsibility to organise a repair, replacement or further investigation within 28 days.

A C3 code ‘improvement recommended’ is given to aspects of the installation that do not present a danger but will result in an increased safety standard within the property. Occasionally a C3 code may be attributed to an item that does not comply with current regulations but did comply at the time it was installed. A C3 code does not mean the installation is unsafe and should not impose a requirement to have work carried out on the owner. Where there are only C3 observations listed, this will result in a satisfactory EICR being issued.

If you receive an unsatisfactory report

Send a copy of the report with proof of remedial work being completed to the Local Authority within 28 days. This requirement was introduced to alert the Local Housing Authority to any properties which may have been substandard but are now safe. You must submit the unsatisfactory report along with written confirmation (appropriate certification as outlined above) to demonstrate you have had the required remedial and/or further investigative work done. It is your responsibility as a private landlord to do this and failure to comply could result in enforcement action being taken against you

For further information see NAPIT landlord guidance; Microsoft Word – Landlord Guidance FAQs (napit.org.uk)

Article Abridged from Hastings Council and NAPIT


Guide to the Renters’ Rights Bill

Posted on September 14th, 2024 -

A summary of the measures in the Renters’ Rights Bill which was introduced to Parliament on 11 September 2024.

The Renters’ Rights Bill will:

  • Abolish section 21 evictions and move to a simpler tenancy structure where all assured tenancies are periodic – providing more security for tenants and empowering them to challenge poor practice and unfair rent increases without fear of eviction. We will implement this new system in one stage, giving all tenants security immediately.
  • Ensure possession grounds are fair to both parties, giving tenants more security, while ensuring landlords can recover their property when reasonable. The bill introduces new safeguards for tenants, giving them more time to find a home if landlords evict to move in or sell, and ensuring unscrupulous landlords cannot misuse grounds.
  • Provide stronger protections against backdoor eviction by ensuring tenants are able to appeal excessive above-market rents which are purely designed to force them out. As now, landlords will still be able to increase rents to market price for their properties and an independent tribunal will make a judgement on this, if needed.
  • Introduce a new Private Rented Sector Landlord Ombudsman that will provide quick, fair, impartial and binding resolution for tenants’ complaints about their landlord. This will bring tenant-landlord complaint resolution on par with established redress practices for tenants in social housing and consumers of property agent services
  • Create a Private Rented Sector Database to help landlords understand their legal obligations and demonstrate compliance (giving good landlords confidence in their position), alongside providing better information to tenants to make informed decisions when entering into a tenancy agreement. It will also support local councils – helping them target enforcement activity where it is needed most. Landlords will need to be registered on the database in order to use certain possession grounds.
  • Give tenants strengthened rights to request a pet in the property, which the landlord must consider and cannot unreasonably refuse. To support this, landlords will be able to require pet insurance to cover any damage to their property
  • Apply the Decent Homes Standard to the private rented sector to give renters safer, better value homes and remove the blight of poor-quality homes in local communities.
  • Apply ‘Awaab’s Law’ to the sector, setting clear legal expectations about the timeframes within which landlords in the private rented sector must take action to make homes safe where they contain serious hazards.
  • Make it illegal for landlords and agents to discriminate against prospective tenants in receipt of benefits or with children – helping to ensure everyone is treated fairly when looking for a place to live.
  • End the practice of rental bidding by prohibiting landlords and agents from asking for or accepting offers above the advertised rent. Landlords and agents will be required to publish an asking rent for their property and it will be illegal to accept offers made above this rate.
  • Strengthen local authority enforcement by expanding civil penalties, introducing a package of investigatory powers and bringing in a new requirement for local authorities to report on enforcement activity.
  • Strengthen rent repayment orders by extending them to superior landlords, doubling the maximum penalty and ensuring repeat offenders have to repay the maximum amount.

As it stands, here are the proposed amendments to Section 8 Grounds;

Table 1: Grounds for possession

Ground Summary Notice period
Mandatory grounds
1 Occupation by landlord or family The landlord or their close family member wishes to move into the property. Cannot be used for the first 12 months of a new tenancy. 4 months
1A Sale of dwelling-house The landlord wishes to sell the property. Cannot be used for the first 12 months of a new tenancy. 4 months
1B Sale of dwelling-house under rent-to-buy The landlord is a private registered provider of social housing and the tenancy is under a rent-to-buy agreement. 4 months
2 Sale by mortgagee The property is subject to a mortgage and the lender exercises a power of sale requiring vacant possession. 4 months
2ZA Possession when superior lease ends The landlord’s lease is under a superior tenancy that is ending. Can only be used by private registered providers of social housing, agricultural landlords, a person who held the dwelling for the purposes of making it supported accommodation or a company majority owned by a local authority. 4 months
2ZB Possession when superior lease ends The landlord’s lease is under a superior tenancy that is coming to an end or has ended. Can only be used if the superior lease was for a fixed term of over 21 years. 4 months
2ZC Possession by superior landlord After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord and seeks to take possession. Can only be used where the intermediate landlord prior to reversion was a private registered provider of social housing, agricultural landlord, a person who held the dwelling for the purposes of making it supported accommodation or a company majority owned by a local authority. 4 months
2ZD Possession by superior landlord After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord and seeks to take possession. Can only be used where the superior lease was for a fixed period of over 21 years and has expired, or within a 12 month period of the fixed term expiry date, if the fixed term has been ended early. Or if the superior tenancy comes to an end after the expiry of the fixed term as a result of a valid notice. 4 months
4 Student accommodation In the 12 months prior to the start of the tenancy, the property was let to students. Can only be used by specified educational establishments. 2 weeks
4A Properties rented to students for occupation by new students A property is let to full-time students and is required for a new group of students in line with the academic year. 4 months
5 Ministers of religion The property is held for use by a minister of religion to perform the duties of their office and is required for occupation by a minister of religion. 2 months
5A Occupation by agricultural worker The landlord requires possession to house someone who will be employed by them as an agricultural worker. 2 months
5B Occupation by person who meets employment requirements A private registered provider of social housing holds the property for use by tenants meeting requirements connected with their employment and it is required for that purpose (and the current tenant does not fulfil those requirements). 2 months
5C End of employment by the landlord Previously ground 16 (expanded). The dwelling was let as a result of the tenant’s employment by the landlord and the employment has come to an end OR the tenancy was not meant to last the duration of the employment and the dwelling is required by a new employee. 2 months
5D End of employment requirements A private registered provider of social housing, included an employment requirement in the tenancy agreement that the tenant no longer fulfils (e.g., key worker). 2 months
5E Occupation as supported accommodation The property is held for use as supported accommodation and the current tenant did not enter the tenancy for the purpose of receiving care, support or supervision. 4 weeks
5F Dwelling-house occupied as supported accommodation The tenancy is for supported accommodation and one of the circumstances set out in the ground, making the accommodation no longer viable or suitable for that tenant, has occurred. 4 weeks
5G Tenancy granted for homelessness duty The property has been used as temporary accommodation for a homeless household, under s193 of the Housing Act 1996, and a local housing authority has notified the landlord that the tenancy is no longer required for that purpose. The landlord can only use this ground if within 12 months of the date of the notice from the local housing authority. 4 weeks
5H Occupation as ‘stepping stone accommodation’ A registered provider of social housing or a charity lets to a tenant meeting eligibility criteria (e.g., under a certain age) at “affordable rent”, to help them access the private rented sector and/or transition to living independently, and the tenant no longer meets the eligibility criteria, or a limited period has come to an end. 2 months
6 Redevelopment The landlord wishes to demolish or substantially redevelop the property which cannot be done with the tenant in situ. Various time limits and/or notice requirements exist for this ground depending on the circumstances. The landlord and tenancy must be of the kind listed in the table. 4 months
6A Compliance with enforcement action The landlord is subject to enforcement action and needs to regain possession to become compliant. 4 months
7 Death of tenant The tenancy was passed on by will or intestacy. Possession proceedings must begin no later than 12 months after death or, if the court directs, after the date on which the landlord became aware of the death. 2 months
7A Severe ASB/Criminal Behaviour The tenant has been convicted of a type of offence listed in the ground, has breached a relevant order put in place to prevent anti-social behaviour or there is a closure order in place prohibiting access for a continuous period of more than 48 hours. Landlords can begin proceedings immediately
7B No right to rent At least one of the tenants has no right to rent under immigration law as a result of their immigration status and the Secretary of State has given notice to the landlord of this. 2 weeks
8 Rent arrears The tenant has at least 3 months’ (or 13 weeks’ if rent is paid weekly or fortnightly) rent arrears both at the time notice is served and at the time of the possession hearing. 4 weeks
Discretionary grounds
9 Suitable alternative accommodation Suitable alternative accommodation is available for the tenant 2 months
10 Any rent arrears The tenant is in any amount of arrears 4 weeks
11 Persistent arrears The tenant has persistently delayed paying their rent, 4 weeks
12 Breach of tenancy The tenant is guilty of breaching one of the terms of their tenancy agreement (other than the paying of rent). 2 weeks
13 Deterioration of property The tenant has caused the condition of the property to deteriorate. 2 weeks
14 Anti-social behaviour The tenant or anyone living in or visiting the property has been guilty of behaviour causing, or likely to cause, nuisance or annoyance to the landlord, a person employed in connection with housing management functions, or anyone living in, visiting or in the locality of the property. Or the tenant or a person living or visiting the property has been convicted of using the premises for illegal/immoral purposes, or has been convicted of an indictable offence in the locality. Landlords can begin proceedings immediately
14A Domestic Abuse A social landlord wishes to evict the perpetrator of domestic violence if the partner has fled and is unlikely to return. 2 weeks
14ZA Rioting The tenant or another adult living at the property has been convicted of an indictable offence which took place at a riot in the UK. 2 weeks
15 Deterioration of furniture The tenant has caused the condition of the furniture to deteriorate. 2 weeks
17 False statement The tenancy was granted due to a false statement made knowingly or recklessly by the tenant or someone acting on their instigation. 2 weeks
18 Supported accommodation The tenancy is for supported accommodation and the tenant is refusing to engage with the support. 4 weeks

The current renting system will very much be overhauled. We understand our members may feel uncertain about the future of renting and what the changes may mean for good landlords. SWLA regularly meet with MPs, housing groups and housing advisory boards. In meetings, we are a voice for our landlord and agent members – we will continue to lobby for all changes within the sector to be fair for both tenants and landlords.

We will keep our members updated throughout the Bill to Act process.

For further information see Guide to the Renters’ Rights Bill – GOV.UK (www.gov.uk)


Renters Rights Bill Latest Update

Posted on September 12th, 2024 -

 

The UK Government has introduced the first version of the Renters Rights Bill, into parliament a process known as the ‘First Reading’ which took place on the 11th September 2024.  Detailed scrutiny and discussion of the bill is expected after Parliament returns from recess on 7th October.  

The Bill doubles the measures outlined in the previous Government’s Renters’ (Reform) Bill, which fell during the wash up sessions in the final days of the last administration.

If passed without amendment, the Renters’ Rights Bill would significantly overhaul the structure for private rented sector housing and repeal Section 21, alongside a number of other significant measures:

  • Removal of fixed term tenancies
  • A single stage of implementation for the removal of Section 21
  • An expansion of Rent Repayment Orders
  • Fines to increase in line with inflation

The legislation will also introduce:

  • A new Ombudsman for landlords
  • A PRS Database
  • Protections against discrimination for tenants

Controls on rental bids and offers.

We will await further updates as the Bill goes through the full Parliamentary process, we will keep you updated as changes occur.


GAS SAFETY WEEK 2024

Posted on September 9th, 2024 -

Gas Safety Week: Every check counts-
Landlords’ legal responsibilities

 

We are proud to be supporting Gas Safety Week 2024, taking place 9th-15th September.

Gas Safety Week is an annual safety week to raise awareness of gas safety and the importance of taking care of your gas appliances. It is coordinated by Gas Safe Register, the official list of gas engineers who are legally allowed to work on gas.

The theme for 2024 is Checking—Every Check Counts; from checking that you’re complying with your legal gas responsibilities as a landlord, to checking that you, and your tenants, know what to do in a gas emergency. Every check (no matter how big or small) helps to keep your tenants and your property gas safe!

Badly fitted and poorly serviced gas appliances can cause gas leaks, fires, explosions, and carbon monoxide (CO) poisoning. CO is a highly poisonous gas that can kill quickly with no warning, as you cannot see it, taste it, or smell it.

 

Landlords are legally responsible for the safety of their tenants. If you’re a landlord, you are legally obliged to make sure:

  • Gas pipework, flues and appliances provided for tenants’ use are maintained in a safe condition.
  • All gas appliances and flues provided for tenants’ use have an annual safety check. Your tenants can report you to the HSE if you don’t provide one, so it’s important to remember!
  • A Gas Safety Record is provided to the tenant within 28 days of completing the check or to any new tenant before they move in.
  • You keep a copy of the Gas Safety Record until two further checks have taken place.
  • Maintenance and annual safety checks must be carried out by a qualified Gas Safe registered engineer. You can find this information on the Gas Safe Register website or by checking the back of the engineer’s Gas Safe ID card. It’s a good idea to encourage your tenants to also check the card when the engineer arrives at the property.
  • All gas equipment (including any appliance left by a previous tenant) is safe or otherwise removed before re-letting.
  • A carbon monoxide (CO) alarm is required to be fitted in every habitable room of a rental property containing gas appliances (excluding appliances used for cooking purposes). As a landlord, you are required to carry out a checks and tests to ensure that carbon monoxide alarms in the rental property are working the day any new tenancy begins.
  • Before purchasing a CO alarm, always ensure it complies with British Standard EN 50291 and carries a British or European approval mark, such as a Kitemark. Check the manufacturer’s recommendations about how you should fit and test your alarm to ensure that the unit and the batteries are in good condition.

 

Here is a guide to some additional checks that you can do to stay gas safe:

  • Check for warning signs that could indicate a gas appliance is not working correctly. Signs may include lazy yellow/orange flames instead of crisp blue ones, black marks on or around the appliance, a pilot light that keeps going out, too much condensation in the room, or error messages on the appliance’s control panel.
  • Check that vents or flues are not blocked. Vents are there to ensure gas appliances work safely; blocking them could prevent this.
  • Check your knowledge. Remember the six main symptoms of carbon monoxide poisoning: headaches, dizziness, breathlessness, nausea, collapse, and loss of consciousness.
  • Check before doing DIY. Before drilling or hammering, check that there is no risk of hitting a gas pipe. Never DIY on a gas appliance; if you suspect there is something wrong with the appliance or it is not working correctly, call a Gas Safe registered engineer. You can find one at co.uk or call 0800 408 5500.

For gas safety advice and to find or check an engineer visit the Gas Safe Register website at GasSafeRegister.co.uk. Alternatively, call the free helpline on 0800 408 5500.

 


National Landlord Investment Show – Bristol, Ashton Gate – 25th September 2024 – 9am – 3.30pm – All Landlords & Agents Welcome

Posted on September 6th, 2024 -

 

To secure your place at the 87th National Landlord Investment Show in Bristol, visit www.landlordinvestmentshow.co.uk/25-september-bristol and simply register for free show tickets.

__________________________________________________________________________________________________________

The UK’s number one Landlord and Property Investment Exhibition is thrilled to announce its arrival at Ashton Gate, the home of Bristol City Football Club, on Wednesday 25th September 2024.

Marking the 87th live show to date, the one-day event will be packed with exhibitors offering excellent products and services and a full agenda of seminars by leading industry experts covering myriad helpful topics including Tax, Finance, Investment Opportunities, Legal Advice, Sales & Lettings, Insurance plus much more.

Prime Minister Keir Starmer’s government has ambitious plans for sector reform. From rent caps to mortgage guarantees, the proposals are likely to be significant for anyone with an interest in property investment or the private rented sector.

Afternoon panel debate: Westminster Charts a New Course: What Does It Mean for Property Investment in the West?, aims to explore the possible ramifications for landlords and property investors in the local area.

Now celebrating 11 years of delivering successful shows across the UK, the National Landlord Investment Show is committed to staging exceptional events aimed purely at the UK property investment community. With 50+ exhibitors and 25+ expert seminars, the National Landlord Investment Show remains the go-to event for seasoned and aspiring landlords, investors, and property professionals.

_________________________________________________________________________________________________________

 

Show founder Tracey Hanbury expressed her enthusiasm:

“Reaching 87 shows is an incredible achievement, and we’re thrilled to be heading to a city as exciting and vibrant as Bristol. The proposed changes to the sector are obviously causing some anxiety amongst the property investor community across the UK, but our goal since day one has been to provide an unrivalled platform that educates, connects, and empowers landlords and property investors. A huge thank you to our exhibitors, speakers, and Bristol Show sponsors: Aico, Alan Boswell Group, CJ Hole and HJ Collection.

What our sponsors have to say…

“As a company, we are thrilled to sponsor the first National Landlord Investment Show in Bristol. We believe that this event is an important platform for property professionals, investors and landlords to come together, share ideas, and learn from one another. We are committed to supporting the growth and success of the property industry, and sponsoring this event is just one way that we can contribute to this goal. We look forward to seeing the positive impact that this event will have on the industry and the wider community.”

Chris Hill, Managing Director, CJ Hole Bristol

“It was a great atmosphere at the National Landlord Investment show. It allowed us to reach out to new landlords that we would not normally be talking to, which in turn has given us great exposure over this key area in the industry. It’s definitely a worthwhile exhibition.”

Matthew Golding, Regional Specification Manager, Aico

“After co-sponsoring all of the shows in 2023, once again we found the shows an incredible way to get out there and meet new clients and present our services. I commend the whole team for the professional service and experience provided. Looking forward to what is in store this year!”

Luke De Stefano, Head of Distribution, HJ Collection

“Another great event organised by the whole team at National Landlord Investment Show. Great turnout of landlords and property owners that we were able to promote our services to. Also lovely to catch up with existing clients and companies that we work with. We’ve attended these shows from the very first event over 10 years ago and they continue to get better and better. Long may it continue.”

Steve Cox, Alan Boswell Group

 

For more information; 25 September Bristol (landlordinvestmentshow.co.uk)


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