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I am sure that you are already aware of the pending changes in the Licencing of HMO properties. Historically any property which had five or more tenants forming more than one household* sharing a basic amenity, over three storeys required a Licence which is issued by the Local Authority. From 1st October 2018, the storey requirement will be removed, and any property where there are five or more tenants forming more than one household* sharing a basic amenity, will require a licence, regardless of how many storeys the property has.
*A household is either a single person or members of the same family who live together. A family includes people who are:
Please follow the information below to see if these HMO licence changes are relevant to you. This article is relevant in all Local Authorities, therefore if some parts are specific to Plymouth, if your let property is outside of Plymouth, please contact the relevant Local Authority for further help and advice.
We are hoping that this will be a seamless a transition as possible.
What is an HMO?
An HMO is any property occupied by 3 or more people who form more than one household (i.e. not a single-family dwelling). Please see the following link for further information
https://www.gov.uk/private-renting/houses-in-multiple-occupation
If your property is an HMO, then the Management of Houses in Multiple Occupation (England) Regulations 2006 apply (please see attached document for your reference)
What is a licensable HMO? – Existing Criteria
A HMO that requires a licence under the existing criteria, is a property described as a ‘large HMO’ that is occupied by 5 or more unrelated people and has accommodation that is at least 3 stories high and includes shared facilities/amenities. Please see the following link for further information on what makes an HMO;
http://www.legislation.gov.uk/ukpga/2004/34/section/254
For the criteria that makes a HMO licensable, please see;
http://www.legislation.gov.uk/uksi/2006/371/pdfs/uksi_20060371_en.pdf
which has been in force since 6th April 2006 and remains effective until 3oth September 2018 when it will be repealed.
If your property is a licensable HMO then the local authority standards/guidance will apply to the property. On the following link; https://www.plymouth.gov.uk/sites/default/files/LicencedHousesInMultipleOccupation.pdf
You will find our guidance and standards on levels of management required in licensable HMO’s for Plymouth. It is important to add that due to the raft of legislation changes and updates over recent times, we are currently undertaking a review of this document and will have an updated version released later this year.
Whilst there has always been the scope for any local authority to apply selective and additional licensing requirements (to encompass properties or areas that fall out of the mandatory criteria), Plymouth City Council have not adopted this approach.
What are the impending changes?
The mandatory criteria for a licensable HMO is changing so that HMO’s with 5 or more unrelated people, irrespective of the number of stories, come under the new legislation/criteria. These changes have been under consultation with the Department for Communities and Local Government since 2016. If you wish to read further information about the consultation, please see the following paper
https://www.gov.uk/government/consultations/houses-in-multiple-occupation-and-residential-property-licensing-reforms and Government response document
The final government response document was released on 27.12.2017 and can be found here;
When will the changes apply?
The effective date of these changes has been confirmed as 1st October 2018 in the following statutory instrument;
http://www.legislation.gov.uk/uksi/2018/221/pdfs/uksi_20180221_en.pdf
Through the work with our partners in the private rented sector (landlords, agencies and the University) we have been collating information on the properties that may be subject to the extension criteria. Currently we have 470 known properties that will be licensable from 01.10.2018 and have had contact from the relevant persons. This enables us to have a contact list to provide updates to so that the transition can be as smooth as possible.
What do you now need to do?
All we ask at this point is that you consider your properties to see if you have a HMO to which the changes apply. If you have a HMO property, or properties, that will be subject to the changes, please confirm this by sending an email to; communityconnections@plymouth.gov.uk
Please include the following details:
The provision of the above information will be added to a list of properties that I am collating. This information is securely stored and will not be passed on to any 3rd parties. Once the licences have been processed to cases being opened, this database will be erased.
Any Other Business?
At Plymouth City Council, we have had a drive to move towards the modern digital age and have created an online application process for HMO licensing that is set to be available for use in submitting HMO applications from 01.07.18.
Our HMO licence fee structure has also been reviewed (last reviewed in 2012) and we will be shortly publishing the new HMO licence fee structure to come into effect, hopefully from 01.07.18. What is very good news for landlords is that the discretionary discount offered to landlords who are accredited, is increasing from £60 previously to £150 under the new fee structure.
My colleague and I recently attended the Annual General Meeting at the Future Inn and want to thank the SWLA and their members for inviting us and making us feel very welcome on the day. We do appreciate the opportunity to connect with our partners across the city and see this as a valuable opportunity to maintain and enhance relationships between the Local Authority and landlords within Plymouth. We have supported multiple events and will look to continue this, so please make sure you keep in touch with the SWLA team to identify topics you might want us to speak on.
I would like to finish by saying that we appreciate your support, particularly in respect of the extension to HMO licensing, and look forward to receiving your response at your earliest opportunity. I look forward to working together with you through these changes.
Message sent from Mark Chubb, Plymouth City Council
The South West Landlords Association, based in Plymouth and covering mostly the Westcountry were tasked by the RLA to promote and host a Universal Credit seminar which was being presented by the DWP engagement division as part of a National programme.
Plymouth City Council provided a venue in the City Guildhall and SWLA advertised and promulgated the updated universal credit information which formed the content of the seminar.
As well as landlord and letting agent members of both the SWLA and RLA, the event was opened to all landlords and interested parties. Over 50 attendees were present with representatives from charities, credit unions, social housing providers, as well as landlords and agents.
Gary Jenkins (DWP U.C. programme) was assisted by Gary Martin and Jacki Williams (DWP Devon, Cornwall and Somerset operational partnership team) in presenting the one and a half hour session. The assistance of the regional team was greatly appreciated as their local knowledge of implementation and rollout problems was invaluable.
The teams jointly explained Managed Payments and Alternative Payment Arrangements and how landlords can apply for a direct payment of rent or rent arrears deduction from a tenants Universal Credit if they are having difficulty paying. They clarified when a landlord can use form U47 to apply for direct payment.
Local Housing Allowance rates were discussed, how they were arrived at, and their relevance to Universal Credit.
Transitional Housing Payments were explained in that as from 11 April 2018 claimants who have a claim to Housing Benefit (HB) at the point they claim Universal Credit will continue to be paid HB at the full rate by their local authority for the first two weeks of their Universal Credit claim.
At the end of the presentation a lively, informative Q & A session ensued. Again the local team’s in-depth knowledge of local problems proved invaluable, with Jacki and Gary being able to answer specifics.
Iain Maitland, vice chairman of SWLA closed the meeting by inviting Paul Williams, Manager of City of Plymouth Credit Union to give a short address outlining the benefits of the Credit Union to landlords who had tenants who were unable to satisfactorily manage their own financial affairs.
Links –
What Universal Credit means for Landlords – https://www.gov.uk/government/publications/universal-credit-and-rented-housing–2
Managed Payments/Alternative Payment Arrangements –
https://directpayment.universal-credit.service.gov.uk/check-postcode
Local Housing Allowance –
http://lha-direct.voa.gov.uk/search.aspx
Transitional Housing Payments –
https://www.gov.uk/guidance/moving-from-housing-benefit-to-universal-credit
SWLA will be attending this year’s West of England landlord exhibition in Bristol.
http://www.landlordexpo.co.uk/site/1.asp
Exhibition & Conference Centre, University of the West of England
Wednesday 13th June
11am – 6pm
Free entry to all.
From 25 May 2018, the Data Protection (Charges and Information) Regulations 2018 requires every organisation or sole trader who processes personal information to pay a data protection fee to the ICO, unless they are exempt.
Take this test if you are unsure whether you need to pay the fee to the ICO;
www.ico.org.uk/for-organisations/data-protection-fee/self-assessment/
Friday 6th July 2018 – 9:30am – 4:30pm
Venue – Astor Room, Plymouth Guildhall, Royal Parade, Plymouth PL1 1HA
If you are accredited this will count towards your CPD hours, but the course is open to all.
Cost for SWLA members – £65.
Cost for non-SWLA members – £75.
Course will cover:-
Places secured upon receipt of payment, book your place through the office 01752 510913.
Course will be instructed by Stephen Fowler from Training for Professionals.
Luke Pollard MP met with Chair/Vice Chair and Policy Officer at SWLA offices, Dale Road, on 18th May 2018.
Items on the agenda included GDPR/PRS registration of Landlords/Agents Fees/Agents qualifications/electrical safety checks/Universal Credit. A very constructive meeting was much appreciated.
New regulations introduced in April 2018 allow a landlord to arrange for a gas safety check to be carried out any time from 10-12 calendar months after the previous check whilst still preserving the original check expiry date.
For further information please see the Gas Safe website;
www.gassaferegister.co.uk/help-and-advice/renting-a-property/information-for-landlords/
Presented by the National and Regional DWP teams
Wednesday 9th May 2018 – 9:30 – 11am
Venue – Astor Room, Plymouth Guildhall, Royal Parade, Plymouth PL1 1HA
The seminar will cover –
Universal Credit Overview
Universal Credit Full Service in Numbers
Recent Changes
Universal Credit Live & Full Service
Migration – Natural and Managed
Verification of Rent
Alternative Payment Arrangements
Disclosure
This is a free seminar.
Of interest to all landlords or organisations who take or advise on Housing Benefit.
Numbers will be limited, so please email the office info@landlordssouthwest.co.uk to register your place.
Due to the volume and importance of the legislation and regulations coming into force for Letting Agents and landlords, SWLA ran a Letting Agent Course in partnership with Plymouth City Council at the Future Inn, Plymouth on Tuesday 10th April 2018.
Topics covered in depth included;
Data Protection (GDPR)
Draft Tenant Fee Ban Bill
Minimum Energy Efficiency Standards (MEES)
Places on the course were limited and booked up very quickly. If you missed the opportunity and would like to be informed of the next Letting Agent Course, please email the SWLA office and we will ensure that you are informed as soon as the next Letting Agent Course date is secured.
For all SWLA course dates and information, please refer to the training area of the SWLA website;
SWLA have been approached by Lets for Life who are seeking smaller houses, flats and bungalows. They will lease the property for between 9 months and 6 years (negotiable). There is a full support package in place for their tenants who have learning disabilities and complex support needs. All tenants will be supported by care staff and a tenancy support agent who will ensure the smooth running and maintenance of the property.
A good rate of rent will be paid as the tenants are exempt from local authority caps. Therefore rent will be above the LHA rate.
If you are interested in finding out more, please contact Clare Hannah; clare.hannah@letsforlife.org.uk
After a long wait, parliamentary approval of the changes to HMO (Houses in Multiple Occupation) licensing was accepted on 23rd February 2018. These changes will come into effect on 1st October 2018.
Applications and fees will vary by local authority areas. Further details will be promulgated as and when they become available.
For further information, please see the following document or contact your local authority;
http://www.legislation.gov.uk/uksi/2018/221/made
SWLA will represent it’s members at a Select Committee Review in March hosted by Plymouth City Council. We encourage our members to participate by sending us any issues, concerns and thoughts regarding the Universal Credit introduction and it’s impact on letting your property.
Some areas of focus for any contributions are;
Please send any comments by email; info@landlordssouthwest.co.uk
Alternatively you can visit the or post a letter to the SWLA office.
This is a great opportunity for PCC to hear how the roll out is going and how it’s impacting landlords and tenants alike. You can submit your views with your name or anonymously.
All submissions must be received by the SWLA office by close of business on Wednesday 28th February 2018.
Tuesday 10th April 2018 – 9:30 – 4:30pm
Venue – The Future Inn Plymouth, 1 William Prance Road, Plymouth International Business Park, Plymouth PL6 5ZD
Price – £80 for one day course to include refreshments and light lunch.
Due to the volume and importance of the legislation and regulation coming into force, SWLA in partnership with Plymouth City Council will be hosting a full day course which will include Legal Updates for 2018. Presented by Training for Professionals.
Legal Update 2018
Data Protection (GDPR)
– When can you lawfully give tenant details to a contractor and when will you need consent after 25 May 2018?
– Understand the only basis you will be permitted to contact your database of historic landlords.
– Understand when not backing up your data could cost you up to 20 million euros or 4% of turnover.
– What information will be required in your privacy notice?
– The new legislation will restrict when you can contact your landlord despite having signed Terms of Business.
– What is your plan to ensure your contractors are GDPR compliant?
Draft Tenant Fee Ban Bill
– Do you know that under the draft proposal you can still charge tenant fees for some tenancies?
– Were you aware the draft bill includes the power to ban deposits?
– Do you understand that by taking a tenant fee or making an error with a holding deposit you could be penalised or even banned as a letting agent?
– Do you understand under what circumstances a resident landlord may still charge tenant fees?
Minimum Energy Efficiency Standards (MEES)
– How can you delay the impact of MEES for F or G rated properties for up to 2 years?
– What actions do you need to take before 1 April 2018 concerning properties not meeting the minimum standard?
– In what circumstances can you still market an F or G rated property after April 2018?
– Understand which tenancies MEES does not apply to.
– Learn when a listed building does need an EPC.
– When does a building in a conservation area have to comply with MEES?
Other issues which have arisen over the last year:
– The new legislation will restrict when you can contact your landlord despite having signed Terms of Business.
– One simple mistake that could prevent you ever serving a section 21 notice.
– Can you identify what may be deemed as a‘Secret Profit’ and what are the consequences of not declaring them?
Compulsory Client Money Protection and Regulation of Letting & Management Agents – What we know!
Tenants’ Compensation Rights
On completion of the course you will be armed with the information required to help you and your business remain on the right side of the law.
Places secured upon receipt of payment, book your place through the office 01752 510913.
Thursday 12th April 2018 – 9:30 – 4:30pm
Venue – Civic Centre, Paris Street, Exeter EX1 1RQ
Price – £65 for members of SWLA, £75 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 650 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
The Ministry of Housing, Communities and Local Government has issued a statement that the letting fees ban will not come into force until at least spring 2019. It has said that the period before the implementation of the ban will take at least 15 months as the current draft Tenant Fees Bill has to undergo pre-legislative scrutiny before it can be passed.
Industry experts have been concerned that the ban would cost sector jobs, make buy-to-let investments less attractive and would ultimately result in costs being passed on to tenants.
The Government hope that the ban will ease the financial pressure on private renters whilst making the lettings market more competitive and transparent.
The draft Tenant Fees Bill can be viewed here; https://www.gov.uk/government/publications/draft-tenants-fees-bill
The ‘How to Rent: the checklist for renting in England’ guide from the Ministry of Housing, Communities & Local Government was updated yesterday (17th January 2018).
Changes include a change of government department name on page 1 and the removal of reference to the London Rental Standard on page 3.
With immediate effect, landlords must ensure that they issue the most recent version to tenants in England when they start or renew their tenancies. Failure to do so could invalidate any future Section 21 action.
The latest ‘How to Rent’ guide can be found on the gov.uk website;
https://www.gov.uk/government/publications/how-to-rent
A Staffordshire based landlord has been sentenced after failing to provide evidence that a gas safety check had been carried out at one of his tenanted properties.
Newcastle-under-Lyme Magistrates’ Court heard how David Corry failed to present a Landlords Gas Safety Record to the HSE after numerous attempts from HSE representatives to obtain this certificate.
On 11 August 2016, HSE served Mr Corry with an Improvement Notice requiring him to arrange for a registered gas fitter to carry out an inspection of the gas appliances in one of his tenanted premises in Stafford, and to produce a Landlords Gas Safety Record. Mr Corry failed to comply with the Improvement Notice.
Mr David John Corry of Springfield Drive, Stafford, pleaded guilty to breaching Regulation 36(3) of the Gas Safety (Installation and Use) Regulations 1998, and Section 21 of the Health and Safety at Work etc Act 1974. He was sentenced to serve a total of 36 weeks imprisonment, suspended for twelve months, and ordered to complete 140 hours unpaid work. Mr Corry was also ordered to pay costs of £6,428.46.
Speaking after the hearing, HSE inspector Wayne Owen said: “David Corry potentially put the health of his tenants at risk and also chose to ignore the repeated requests by the HSE to produce the gas safety record.
“Every year around 7 people die from carbon monoxide poisoning caused by gas appliances and flues that have not been properly installed, maintained or that are poorly ventilated. It is important that landlords fulfil their legal gas safety obligations to their tenants.”
Article from the Health and Safety Executive.
More information on what landlords are legally responsible for in relation to gas safety can be found on the HSE website:
Thursday 25th January 2018 – 9:30 – 4:30pm
Venue – Astor Room, Plymouth Guildhall, Royal Parade, Plymouth PL1 1HA
Price – £65 for members of SWLA, £75 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 650 landlords have already completed this course since September 2011.
Course can lead to Accreditation, if required.
Rogue landlords have been put on notice as government has announced (28 December 2017) a raft of new measures to crack down on bad practices, stamp out overcrowding and improve standards for those renting in the private sector.
Housing Minister Alok Sharma has set out how, subject to parliamentary clearance, landlords renting properties in England occupied by 5 or more people, from 2 or more separate households will need to be licensed (regardless of how many floors the property has).
New rules will also come into force setting minimum size requirements for bedrooms in houses of multiple occupation to prevent overcrowding. As part of the licencing requirements, local councils will be able to make sure only rooms meeting the standard are used for sleeping.
Government has also set out details of criminal offences which will automatically ban someone from being a landlord. From April 2018, someone convicted of offences such as burglary and stalking can be added to the database of rogue landlords and be barred from renting properties.
For further information, please see the Gov.uk website;
The Trago2Business Sale
Wednesday 27th DECEMBER 2017 TO Wednesday 31st JANUARY 2018 (INCLUSIVE)
20% DISCOUNT OFF STOCK CARPETS, FURNITURE, FITTED KITCHENS AND BATHROOMS
(MAXIMUM DISCOUNT – NOT IN ADDITION TO YOUR T2B DISCOUNT)
OTHER DEPARTMENTS WILL BE ELIGIBLE FOR YOUR USUAL T2B DISCOUNT.
PLEASE PROCESS ALL TRANSACTIONS THROUGH YOUR T2B ACCOUNT, PRESENTING YOUR CARD FOR EACH PURCHASE. YOUR USUAL DISCOUNT WILL BE APPLIED AT THE TIME OF PURCHASE BUT BE ASSURED THAT THE DIFFERENCE, TO REFLECT THE JANUARY SALE DISCOUNT, WILL BE CALCULATED AT THE END OF THE SALE PERIOD AND A CHEQUE FOR ANY ADDITIONAL DISCOUNT OWED WILL BE ISSUED TO YOU ON THE 27TH JANUARY 2017.
CASH CUSTOMERS PLEASE NOTE: –
IF YOU WISH TO PLACE A LARGE ORDER AND BENEFIT FROM THE 20% DISCOUNT AT THE TIME OF PURCHASE PLEASE EMAIL THE OFFICE AT sales@trago2business.co.uk.
CREDIT ACCOUNT CUSTOMERS PLEASE NOTE:-
PLEASE NOTE THAT ALTHOUGH THE TILL RECEIPT WILL SHOW YOUR USUAL DISCOUNT, THE CORRECT LEVEL OF DISCOUNT WILL BE REFLECTED ON YOUR INVOICE.
** SWLA Members, if you have not yet arranged your Trago2Business discount card, please contact the SWLA office for details on how to apply.
Watch this video by ‘Plymouth Energy Community’ to get some great tips on how to prevent mould and what to do if it becomes a problem;
http://www.plymouthenergycommunity.com/saving/damp-mould
Video produced in partnership with Plymouth City Council.
Gillian Kerr represented SWLA at the West of England Landlord Panel meeting in Bristol on Wednesday 6th December 2017.
Topics discussed included;
Minimum EPC requirements
Tenants Fees Bill
Electrical Safety Standards in the Private Rented Sector
Universal Credit
House Conditions Surveys
Licensing Updates
Prosecutions and other enforcement action
Market conditions
Vice Chair of SWLA, Iain Maitland attended a stakeholder event hosted by Teignbridge Housing Partnership in Newton Abbot on Tuesday 28th November 2017. The Partnership brings together housing professionals, stakeholders and partners from key organisations to contribute to, and influence the delivery of affordable housing, the prevention of homelessness, maintaining housing standards and supporting people to maintain independence in their own homes.
Steve Lees and Iain Maitland, Chair and Vice-Chair of the SWLA, attended the Shelter Housing and Homelessness Conference on Tuesday 21st November at Plumer House in Plymouth. Agencies were brought together to raise awareness of services and to increase knowledge in order to support those who are homeless and at risk of homelessness. Also discussed was the topic of substandard housing and promotion of joint working initiatives- new and existing. A variety of presentations and workshops took place.
http://england.shelter.org.uk/housing_advice