Signup to the SWLA
On 07 September 2023 the government released a publication named ‘Understanding and addressing the health risks of damp and mould in the home’. The publication highlights the serious negative health implications which damp and mould can pose. Further it provides detail on the legal responsibilities placed on landlords to ensure that accommodation they provide is free from serious hazards and fit for habitation.
If tenants report damp or mould within their home, landlords must address the problem promptly.
Visit the property and identify the cause of the problem, if you cannot identify the problem, you can instruct a damp surveyor to create a report.
Once damp and mould have been identified, it is essential that the mould is removed promptly, reducing health risks for tenants.
Mould can be removed from hard surfaces with an appropriate cleaning product and should be left to dry completely. Mould and mildew products should be used in preference to bleach, for health and safety reasons. Absorbent materials such as carpets, soft furnishings and ceiling tiles may have to be thrown away if they become mouldy, as it may be difficult or impossible to remove the mould completely. While most tenants could reasonably be expected to remove condensation and very small amounts of mould using an appropriate mould and mildew cleaner, larger areas of mould should only be addressed by qualified professionals. When identifying an experienced contractor, landlords should check training, qualifications and references. Regardless of the extent of mould, the person removing the mould should wear protective equipment, such as a mask, gloves and goggles, in order to avoid contact with mould spores or cleaning products.
If the problem is structural or through faulty installation, you must make a repair as timely as possible. Keep the tenant informed of actions and time frames. If the following problems are present, you must make repairs; leaking internal pipes, not enough ventilation, broken boilers and heating systems, cracked or rotten window frames, leaking roofs/faulty guttering, faulty extractor fans, external and internal structural defects. Fix any damage caused by the damp e.g., redecorate/clean carpets etc. You should check in around 6 weeks after the repairs are made to ensure that the problem has been resolved.
If the problem is not structural and not through faulty insulation – it’s likely that condensation is causing the damp/mould. It happens when moisture in the air meets a cold surface, like a window or an external wall. Tenants can do the following to keep condensation to a minimum; open windows regularly, use pans lids when cooking, dry clothes outside or use a dryer, close internal doors when you cook or shower, use extractor fans in the kitchen and bathroom, leave a gap between furniture and external walls, wipe visible condensation from windowsills each morning. Condensation is worse in cold properties, fuel affordability could be a contributing factor – encourage tenants to keep in touch with Shelter, Citizens Advice and the Local Authority if they are struggling with the rising cost of living.
There is help for tenants depending on their situation. https://england.shelter.org.uk/housing_advice/benefits/help_with_gas_and_electric_bills
Here is a brilliant damp and mould video by Plymouth Energy Community – many of our members have sent the video to their tenants to increase awareness of condensation and mould in the home.
Article Abridged from Plymouth City Council, gov.uk and Shelter
Plymouth Citizens Advice have created a booklet for tenants to highlight landlord and tenants repair/maintenance responsibilities. Landlords may like to share the booklet with their tenants to encourage the reporting of repairs and to make it clear who is responsible for what in the tenants home.
This month’s 30 minute Ashley Taylors Legal Webinar looks at ‘Disrepair Claims’ – an easy option for delaying possessions claims and in fact, there are now TV adverts encouraging compensation claims for tenants. Learn how to minimise these.
When: Thursday 9th November 2023 2.15pm – 2.45pm
Topic: Avoiding and Minimizing Disrepair Claims
Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/WN_IwiFAoOARzCaX-bQmr3Hyg
After registering, you will receive a confirmation email containing information about joining the webinar.
PLEASE NOTE, THIS IS NOT AN SWLA WEBINAR
A note from the host – Martyn Taylor;
I have seen so many cases in the last nine months of tenants raising disrepair either in possession actions or bringing actions against their landlords for disrepair in ever increasing numbers that I am moved to make my next talk about how you can minimise these.
It’s not so much that I have seen a significant rise in disreputable landlords, it’s more that many of these claims could have been undermined from the outset if Landlords or Managing Agents had been shown ways to combat these claims. Many of you do know your duties and operate systems to do what is right but the way claims are brought means that you feel the playing field is not level. It’s not! That’s why we need to discuss this from my perspective to help you help me for a better outcome.
This talk is deigned to do just that.
Deals now live! Online and in store. SWLA TradePoint members receive an extra 10% off these prices. For all deals see the TradePoint website;
TradePoint | Trade Building Supplies | TradePoint (trade-point.co.uk)
Thanks our 54 members and guests who braved the bad weather to attend our latest speaker meeting at The Future Inn, Plymouth! It was great to chat to members old and new and listen to our excellent speakers.
We had Claire Weeks of Coast Inventories, a very experienced and professional inventory clerk who many of our members use for their inventories. It seems that inventories are becoming more and more important for landlords who want to really protect themselves and their investment, especially with upcoming legislation changes. Coast Inventories – South West Landlords Association (landlordssouthwest.co.uk)
We also had David Aggiss kindly returning to speak to our members, after speaking at our online meetings in lockdown. A captive audience enjoyed hearing the current trends and changes in the mortgage market – gaining knowledge about borrowing and the different ways to achieve their financial aims. Three Sixty Mortgages – South West Landlords Association (landlordssouthwest.co.uk)
We also had TradePoint/B&Q attend, reminding our members about the 10% discount for SWLA members. For details on how to apply, please contact the SWLA office.
We look forward to our next meeting!
This month’s 30 minute Ashley Taylors Legal Webinar looks at this Bill as currently drafted, it will give you a view of what to expect operationally and how it will actually work in practice.
When: Wednesday 18 October 2023 2.15pm – 2.45pmTopic: The Renters Reform Bill Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/WN_ValPFuzaTVuH_wvzKdlT_g
After registering, you will receive a confirmation email containing information about joining the webinar.
PLEASE NOTE, THIS IS NOT AN SWLA WEBINAR
SWLA TradePoint members will receive their usual 10% off on top.
Housing Secretary Michael Gove has suggested that the Bill is scheduled for its Second Reading later this autumn. Addressing Conservative conference delegates at a Centre for Policy Studies meeting, Gove dismissed rumours of opposition from some Tory backbenchers and reiterated the government’s commitment to the legislation.
The Chief Executive of the National Residential Landlords Association, Ben Beadle, was at the meeting and expressed his support on social media……
“The backbench concerns of rental reform are not the view of the government, says @michaelgove, with the Second Reading scheduled for the autumn. Delighted to hear him speak so strongly on the need for responsible #landlords and @NRLAssociation campaigning.”
You can follow the Bill’s progress here; https://bills.parliament.uk/bills/3462
The SWLA President, Chairman and Office Manager held a meeting in their offices, 03 October 2023, with Councillor Chris Penberthy (Cabinet Member for Community Connections), Matt Garrett (Service Director for Community Connections) and Dave Ryland (Strategic Manager for Community Connections).
On the agenda;
Lots of constructive conversations and more meetings planned.
The How to Rent Guide was updated and republished on 02 October 2023.
The changes are as follows;
”The How to Rent guide has been updated with advice on how to access free legal aid services, advice and support, regardless of financial circumstances.”
Any tenancies that began on or after 02 October 2023 are affected, ensure that this new version is supplied to your tenants at the start of the tenancy or before.
Always print the How to Rent Guide from the gov.uk website to ensure that you are providing the most up to date version.
PATH (Plymouth Access to Housing) are seeking properties in Plymouth for people in need of housing. There are many families with children and single people in temporary accommodation looking for a home.
All residential properties considered, rooms, flats, HMOs and houses.
There are numerous benefits and letting options for landlords who work with PATH including;
For more information please contact PATH;
easylet@pathdevon.org 01752 293719
When: Tuesday 26 September 2023 11:30am – 12.20pmTopic: Changes to the HHSRS and the new Damp and Mould GuidelinesRegister in advance for this webinar:
https://us02web.zoom.us/webinar/register/WN_epS3xNJiQ26SSn0cI9lQWgAfter registering, you will receive a confirmation email containing information about joining the webinar.
PLEASE NOTE, THIS IS NOT AN SWLA WEBINAR
The Prime Minister announced that the proposed plans, which would require landlords to upgrade private rented properties to EPC band C by 2025 or 2028, would be scrapped. The sector was awaiting confirmation following a consultation under Minimum Energy Efficiency Standards (MEES) Regulations about when properties would be required to meet EPC band C for all new and existing tenancies.
This move leaves landlords with no long-term clarity around what is expected of them and by when energy efficiency upgrades would now be required. It is important to realise that the current standard is for rental properties to be E or above- this still remains in place. It was unclear in the speech whether the ambition on non-domestic building is also being delayed.
Read more here; https://www.financialreporter.co.uk/sunak-scraps-epc-regulations-industry-reacts.html
It’s been a while since we last met with Alison, so we had lots of catching up to do. Items on the agenda included the lack of housing both in the Private Rented Sector and Student Sector, unrealistically low Local Housing Allowance rates, the high number of possession cases and landlords exiting the market (due to tax changes, mortgage rate changes and legislation changes).
We invited Alison to our next face to face Landlord Accreditation course which will be held in Plymouth in February.
A message from Plymouth City Council –
We are fast approaching the anniversary for HMO Licensing Legislation changes that took place in October 2018. As you will be aware, those changes introduced Licensing across a wider spectrum of property type and five years have now passed. Most of the properties where a Licence was issued following this change are due for renewal on the 30th September 2023 (some in October and November). If you are unsure please check your licenses. To assist in this and in preparation, Plymouth City Council have been issuing early renewal reminders – hopefully some of you may have received these already. If your Licence is due for renewal please visit our website by following this link to renew:
https://www.plymouth.gov.uk/apply-house-multiple-occupation-licence
The Housing Health and Safety Rating System (HHSRS) is a tool used to assess hazards in residential premises.
The HHSRS is risk-based and covers a range of 29 potential hazards, which are set out in Schedule 1 of the Housing Health and Safety Rating System (England) Regulations 2005. The HHSRS operates by evaluating the potential risk of harm to an actual or potential occupier from their living environment and is a means of rating the seriousness of any hazard identified. An HHSRS assessment does this by categorising a hazard by seriousness, generating a numerical score that falls into 1 of 10 hazard bands, with band J being the safest and band A being the most dangerous.
The HHSRS itself does not set a minimum standard, so the categorisation of hazards was introduced in order to do so. Hazards scored at bands A to C are ‘category 1’, bands D to J are ‘category 2’.
If a local council carries out an HHSRS assessment and identifies a category 1 hazard they must take enforcement action under the Housing Act 2004. The form this enforcement action should take is set out in section 6 of the Act.
The HHSRS also forms part of the Decent Homes Standard, 1 of the 4 consumer standards that registered providers of social housing must comply with. Criterion A of the Decent Homes Standard says that to be decent, a dwelling should be free from category 1 hazards.
A reviewed HHSRS that is accessible to landlords and tenants and efficient for local councils to use forms a vital part of our reforms to both the social and private rented sectors.
In our white paper, The charter for social housing residents, we committed to review the Decent Homes Standard and consider whether it needs to be updated to ensure it is delivering what is needed for safety and decency now. The first part of the Decent Homes Standard review concluded in autumn 2021. In March 2022, we brought together representatives from across both rented sectors to discuss what might be included in a revised Decent Homes Standard that applies to both sectors.
On 16 June 2022 we published our white paper, A fairer private rented sector, which sets out our plan to fundamentally reform the sector and level up housing quality in this country, delivering a private rented sector that is fit for the 21st century for 4.4 million households who call it their home. Our consultation on introducing a Decent Homes Standard to the private rented sector closed on 14 October 2022 and we are considering the responses.
The second part of the Decent Homes Standard review will now consider how best to deliver on our ambition on reducing non-decent homes for both social and private rented sectors.
The HHSRS was introduced in April 2006 by the Housing Act 2004 and has remained unchanged since then. In October 2018 the government launched a scoping review to consider whether the HHSRS should be updated and, if so, to what extent. The scoping review involved a wide-ranging consultation exercise in 2019.
This exercise concluded that, while there was considerable support for the strong links between health and housing that the HHSRS provides, all stakeholders would welcome a simplification of the assessment process. Local council officers found the system complicated to apply and full assessments were resource intensive. Housing providers and tenants found it difficult to understand the outcomes of assessments and felt that there was a discrepancy between the assessment process and other housing-based regulatory regimes that applied to housing provision. There was also majority support for an approach that sets out standards that could be met in most cases, supplementing the risk assessment aspect of the HHSRS.
Following this exercise government initiated a review of the operation of the HHSRS with the aim to bring it up to date, empower landlords and tenants to engage with the system, ensure alignment with other legislative standards and systems, including the Building Safety Act, and help with the effective enforcement of housing standards. To address the support for a standards-based approach, the review also defined what have been described as ‘indicative baselines’ used to make an initial assessment of whether a property contains serious hazards, and also investigated barriers to the use of digital technology to support assessments.
External researchers RH Environmental (RHE) were contracted to undertake the 2-year review, which concluded in 2022. RHE sourced the expertise to explore, assist and challenge their findings, and worked with academics from Cardiff Metropolitan University, Middlesex University and the University of Bristol.
Legislation and guidance that govern the enforcement of standards were outside the scope of the HHSRS review.
New regulations will be necessary to bring the revisions to the HHSRS into force.
Extensive stakeholder engagement was critical to the success of this review and was undertaken in the initial stages of the project along with in-depth literature reviews for each of the project outputs and workstreams. A multi-method approach to engagement, using a combination of regional online focus groups, one-to-one interviews and online surveys, was undertaken. Over 1,000 stakeholders with specialist experience and relevance to the HHSRS and housing sector contributed to the consultation.
To make it easier for landlords and tenants to understand the system, our suppliers produced a checklist that can be used to make an initial assessment (eg ‘stairs must be safe, secure, in sound condition, free of defects and projections, well maintained’).
Indicative baselines are incorporated into the revised HHSRS operating guidance (see above). These do not replace the whole risk assessment but are easier to understand. Where these baselines are met it is likely a property will be free from category 1 hazards.
The statutory HHSRS operating and enforcement guidance (section 9 of the Housing Act 2004) has been revised ensuring the guidance facilitates local councils’ effective use of the system, is more accessible to non-experts, and incorporates new thinking on assessments of high-rise residential buildings with cladding systems.
The proposed structure of the reviewed guidance consists of a suite of 3 ‘Housing Health and Safety Inspection and Assessment Manuals’:
New guidance has also been developed specifically for tenants, providing a simple overview of the way that local councils check the safety of homes using the HHSRS. This will explain how homes are checked and what happens if problems are found. This will empower tenants to understand what they should expect and better hold their landlords to account.
A comprehensive set of new case studies has been produced, encompassing the range of hazards, illustrating the utilisation of standards and incorporating a spectrum of high, medium and low risk scenarios. These will be available in digital format and, to continually refine the consistency of assessments, local councils will be able to regularly add to the case studies.
To make the assessment process more efficient for local authorities and more accessible to landlords and tenants, our suppliers produced a simpler means of banding the results of HHSRS assessments.
Our suppliers also recommended removing scoring ranges for each representative scale point to simplify the assessment process and found that colour coding and the use of descriptor terms aided both in assessment and comprehension of the scoring report by non-experts. Conclusions therefore include replacing the way the severity of a hazard is described (currently ‘Class I-IV’) with descriptor terms from ‘extreme’ to ‘moderate,’ and the use of colour coding to help convey the message around the seriousness of the hazard score, often termed a ‘traffic-light approach.’
Instructions on the final version of this simpler system have been written into the revised HHSRS operating guidance (see above).
Our suppliers have made recommendations for:
Our suppliers also carried out analysis of digital assessment, setting out how this should be interlinked with existing databases.
We will consider these recommendations in our ongoing work to support the rented sectors as part of our reform programme.
Our suppliers have recommended amalgamating and reducing the number of hazards assessed overall from 29 to 21:
To be suitable for amalgamation, hazards had to meet the reasoned criteria set out below, namely:
The revised list of hazards has been incorporated in the revised HHSRS operating guidance (see above).
To make sure the risk of fire in tall buildings can be assessed effectively (following the Grenfell tragedy), our suppliers carried out extra work on the Fire hazard and have recommended amalgamating it with ‘Explosions in Dwellings’. The ‘relevant matters affecting likelihood and harm outcome’, as listed in the operating guidance, were updated with specific minimum standards which were then field tested and found to mitigate 90% of significant fire hazards.
New regulations (an ‘affirmative Statutory Instrument’) are required to bring the conclusions of the HHSRS review into force. These will replace the existing regulations, which prescribe descriptions of hazards, the method for assessing their seriousness and the manner and extent of inspections of residential premises.
These regulations will be introduced after the conclusion of the Decent Homes Standard review.
Article from gov.uk Summary report: outcomes and next steps for the review of the Housing Health and Safety Rating System (HHSRS) – GOV.UK (www.gov.uk)
We are proud to be supporting Gas Safety Week 2023, taking place 11 – 17 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.
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. Landlords must make sure maintenance and annual safety checks on gas appliances are carried out by a Gas Safe registered engineer to ensure their tenants and wider communities stay safe.
If you’re a landlord, you are legally obliged to make sure:
Before any gas work is carried out always check the engineer is qualified to carry out the work that needs doing e.g., natural gas, domestic boiler. You can find this information on the Gas Safe Register website or by checking the back of the engineer’s Gas Safe ID card. Encourage your tenants to also check the card when the engineer arrives at the property, and to be aware of any warning signs that their gas appliance is working incorrectly, such as dark or sooty staining, excess condensation, pilot lights which frequently blow out and and error messages on the appliance’s control panel
For more information and to find or check an engineer visit GasSafeRegister.co.uk.
To book your free tickets, register here; https://somerset.homebuildingshow.co.uk/swlandlords
The Centre for Sustainable Energy (CSE) has partnered with the Tenancy Deposit Scheme (TDS) Charitable Foundation to advise and support landlords of privately rented properties to understand and meet MEES obligations. MEES stipulates that privately rented homes must have a minimum EPC of E before they are let.
The main aim of MEES is to help reduce the number of renters who struggle with high energy bills and live in cold and unhealthy homes. Everyone wants to make rented homes more energy-efficient, which can save money and prevent issues like dampness and mould. Both landlords and tenants benefit from better energy efficiency.
When properties are well taken care of, they’re cheaper to run and have fewer problems. This also means that people who live in them are healthier, and it helps to reduce the likelihood of fuel poverty. When homes are properly insulated – residents stay warmer and healthier.
If you’re a private landlord renting out a domestic property on an assured tenancy, regulated tenancy or domestic agricultural tenancy, CSE can help you to:
For full information on the support CSE can offer you, visit www.cse.org.uk/support-for-landlords or email luke.buckler@cse.org.uk
Article by The Centre for Sustainable Energy
Government-funded legal advice and representation (legal aid) is available to any tenants facing possession proceedings.
Help is available from the moment tenants receive written notice that someone is seeking the possession of their home. Tenants financial situation will not affect their right to access this support and they will not need to pay.
A housing expert (funded by the government) will work with tenants to identify what may be causing someone to seek possession of their home and recommend potential solutions. For example, they may be able to provide legal advice on matters such as:
In the event tenants are unable to resolve matters and they are asked to attend a court hearing, a housing adviser can also provide free legal advice and representation at the court.
Article from Gov.uk
For more information;
Legal aid for possession proceedings – GOV.UK (www.gov.uk)
Further article on the subject; New FREE court service for tenants risks more landlords facing big eviction costs – LandlordZONE
PLUS AN EXTRA 10% OFF FOR SWLA TRADEPOINT MEMBERS! 4th – 7th AUGUST 2023
Along with ARLA-Propertymark and other Landlord Associations, we are campaigning to ensure that the Renters (Reform) Bill and future UK Government legislation leads to positive changes for the sector. Please complete this survey, all results will be pooled by Propertymark and the responses will be presented to the UK Government.
Private Landlord Survey;
https://r1.dotdigital-pages.com/p/Z6K-175L/renters-reform-bill-landlords-survey
Letting Agent Survey;
Luke visited our office on 29th June for meeting with Iain Maitland (SWLA President) and Steve Lees (SWLA Chair) to discuss all things housing. Many discussions were had, mainly highlighting the lack of housing and the reasons for that –
What can we do? Luke heard our views and experiences and takes that knowledge forward for future meetings and discussions in parliament. We look forward to seeing Luke again later in the year – and welcome all South West MPs to our office so we can advocate for landlords who provide quality housing in the Private Rented Sector.
