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New research among tenants has found that nearly 10% of rented homes with gas appliances don’t have a carbon monoxide alarm fitted, leaving the landlords of these properties open to fines of up to £5,000.
The figures have been released to coincide with Carbon Monoxide Awareness week and published by appliance care provider Domestic & General.
For the past two years it has been a legal requirement for landlords of rented homes that feature gas appliances to have a carbon monoxide alarm within the property, as stipulated by the Smoke and Carbon Monoxide Alarm (Amendment) Regulations since October 2022. Properties must feature such an alarm in any room used ‘as living accommodation’ which includes a fixed combustion appliance (excluding gas cookers) such as a gas boiler.
The Carbon Monoxide Awareness week campaigns points out that in England and Wales there are approximately 40 deaths and more than 440 hospital admissions each year as a result of carbon monoxide poisoning. Symptoms include fatigue, nausea, dizziness, confusion, shortness of breath, blurred vision, clumsiness, chest pain, disorientation, fainting or collapse, seizures and vomiting.
SWLA members are reminded to supply and position these at the start of each new tenancy, and check the alarms as part of your inventory and maintenance checks.
Article Abridged from Landlordzone
The Government is to make it unlawful for landlords and agents to ask prospective tenants for more than one months’ rent in advance, housing minister Matthew Pennycook has confirmed.
Answering a question from fellow Labour MP Simon Opher in parliament recently, Pennycook said that he wanted to see the practice outlawed and therefore is looking into ways of achieving that via an amendment to the Renters’ Rights Bill going through parliament.
The minister said that although the new periodic tenancies that will replace the current fixed-term assured shorthold tenancies would in theory prevent rent being charged in advance, “we believe there is a strong case for putting this matter beyond doubt’’.
What neither Pennycook or Opher appear to have considered is that ‘rent in advance’ is one of the key ways that landlords and agents insure themselves against prospective tenants who fail referencing, particularly foreign students who have no renting or financial track record in the UK.
Rent up front
A recent survey by tenants’ rights group Acorn found that half of renters it canvassed reported being asked to pay a month’s rent in advance while 23% reported a request for six months’ rent in advance.
Landlords have only limited options when tenants are from high risk groups such as those who have built up rent arrears in the past or who have CCJs against them and several months’ rent in advance is one of the most commonly-used approaches. Ironically, Labour’s proposed changes to evictions law, which will make it more expensive and time-consuming to evict troublesome tenants, will make it even more difficult for high-risk tenants to gain tenancies.
Article Abridged from Landlordzone
The UK Government has published details of their Warm Homes Plan to upgrade five million homes in England to ‘EPC C’ over the next five years. Beginning in April 2025, the Warm Homes: Local Grant will be delivered by Local Authorities and provide up to £15,000 each for low-carbon heating and energy performance improvements in owner-occupied or privately rented homes.
Grant funds will be targeted at low-income households living in properties with an EPC rating of D-G, and there will be nothing to pay for owner-occupiers or tenants. The award can be spent on replacing heating systems with low-carbon alternatives such as heat pumps or high-retention storage heaters, and on energy performance or smart measures such as insulation, double glazing, and solar panels.
Requirements for PRS homes
Properties rated in EPC bands F and G must have registered exemptions under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 to be eligible for the scheme.
Landlords can have one property fully funded by the Scheme but must contribute 50% towards the cost of upgrades to any additional homes. They must then sign a declaration to confirm they will not raise rents as a direct result of the upgrades being installed.
Three routes to eligibility
A household can be approved for the scheme if they meet the criteria of one of three pathways:
Homes that cannot meet ‘EPC C’
The UK Government has stated that the primary objective of the Warm Homes: Local Grant is to progress the reduction of fuel poverty and lowering annual energy bills for low-income households. Therefore, if a property can’t be brought up to ‘EPC C’ within the cost cap, it can still benefit from improvements that offer value for money and achieve the biggest bill savings for the occupiers.
Full details of the scheme can be found on the gov.uk website; Warm Homes: Local Grant – GOV.UK
Article abridged from Propertymark
The SWLA Office have been busy with meetings this month. We met with Rebecca Smith (Conservative MP for South West Devon), Fred Thomas (Labour MP for Plymouth Moor View) and Luke Pollard (Labour MP for Plymouth Sutton and Devonport) to discuss the Private Rented Sector (PRS) and the major changes that are imminent in the form of the Renters’ Rights Bill(RRB).
Where most of the Renters’ Rights Bill measures are welcomed by SWLA – there are a few measures which will cause problems for both tenants and landlords. We discussed the unintended consequences of the problematic measures and gave suggestions to make these measures work better.
Here is a summary;
Section 8, Rent Arrears
Currently, if a tenant has arrears of more than 2 months, a landlord can issue a Section 8 giving 2 weeks notice. The RRB plans to change this to a tenant having to have arrears of over 3 months, with the landlord having to give 4 weeks notice.
Unintended consequence: Landlords will not be able to shoulder the excessive rent arrears, PRS properties will be sold or repossessed, shrinking the PRS. Tenants will end up with excessive rent arrears debt which will be even more difficult to pay off, and will remain on the tenant’s County Court Judgement record, making it difficult for tenants to secure another rental property.
SWLA recommend keeping the timeframes to what they are currently – 2 months arrears with 2 weeks notice.
A New Student Possession Ground
Currently, fixed term tenancies are the norm. This works well for student properties as expectations are set, and the fixed term coincides with the academic year, leaving plenty of time for student tenants to move out and new students to move in, making a harmonious and predictable tenancy for tenants and landlords. The RRB plans to abolish fixed term tenancies, all tenancies will begin and remain ‘periodic’ – with no set end date. Therefore student tenants who decide to stay longer than the academic year, would require a landlord to serve notice under the new ‘Student Section 8 Possession Ground’ (this includes pre advice of the notice at the start of the tenancy, and 4 months notice before the end of the academic year), in order to ensure that the landlord is able to apply to court if the student tenant stays beyond the mutually expected time frame for the tenancy.
Also, currently, student tenants cannot leave the fixed term without the landlords’ agreement – again setting expectations and giving security to both tenants and landlords. The RRB plans to allow all tenants to be able to give 2 months notice to landlords at any time in their tenancy.
Unintended consequences: This ‘Student Possession Ground’ is for Student HMO tenancies only – leaving one and two bedroom student properties without this ground for use. The administration for the notice is excessive, leaving landlords with further costs – which may push student rents up. Student landlords are not feeling confident that their student lets will run smoothly after the RRB introduction, many landlords are already planning a change of use – for example letting to non students. Many properties will be lost from the student market, leaving less choice for students – with students possibly having to rent ‘non student’ properties from the general PRS. With regards to the lack of fixed term, students will be able to leave their tenancy giving 2 months notice, they can do this at anytime from the commencement of the tenancy. This could leave landlords with no tenants part way through the academic year – the property would be difficult to re-let to new students who would likely already be settled into accommodation for the academic year.
SWLA recommend that a landlord renting a property wholly to students, is allowed to use a fixed term for the purpose of coinciding with the academic year. Giving security to all parties.
Anti-Social Behaviour Ground
Currently, this ground is already in place, it’s not a ‘mandatory ground’ for eviction, and it needs very robust evidence, and EXTREME anti-social behaviour for it to be effective. Many landlords currently use the Section 21 process to evict anti-social tenants, as the Section 21 is more effective than relying on a ‘non mandatory ground’. Section 21 is being abolished, so the Section 8 process and Grounds need to be effective, reliable and timely.
Unintended Consequences: Landlords will be reluctant to let to tenants who do not pass rigorous background checks. It will not be worth landlords’ risk to give tenants a chance who may not have a ‘perfect’ rental history. This will undoubtedly lead to more tenants having less access to properties in the PRS, and will contribute to the numbers facing homelessness.
SWLA recommend investment to the courts purely for Section 8 cases, to ensure that the courts are prepared for all possession cases to be heard in the court. The process also needs to be simplified and possibly digitised for ease of use.
Rent Rise Changes
Currently, out of the fixed term of a tenancy, landlords can increase the rent once per year (giving 1 months notice) using the Section 13 rent increase procedure. Tenants can easily appeal these rent increases at tribunal. The tribunal decision can take around 6 months, the rent increase decision can be more than what the landlord proposed, and the rent increase is usually backdated to the date that the landlord proposed the rent increase. Therefore, reasonable rent increases, that are in line with local rents, are rarely appealed by tenants. The RRB intents to limit the rent increases to once per year (no change there) with landlords having to give 2 months notice, but the appeal/tribunal process will change. The rent increase decided by the tribunal cannot be higher than what the landlord proposed. And the rent increase will not be backdated to the date that the landlord proposed the rent increase, it will be increased when the tribunal makes its decision.
Unintended Consequences: Without reform of the tribunal system, the delays in rent increases and the demand on the tribunal service will be huge. Tenants may appeal, even if the rent is fair, as this will delay the rent increase for them – who wouldn’t?! Landlords business plans will need to factor this in, perhaps landlords will need to start off with a higher than usual (but still in line with local rents) rent to allow for these appeals. Tenants will be footing the bill by paying higher rents where the rent would have been lower if the Tribunal system remains reasonable – as it is pre RRB.
SWLA suggest that if an appeal does take place, and the rent is found to be fair, the rent increase should be backdated to the the date that the landlord proposed the rent increase.
A New Ombudsman Service
Currently, there is no PRS Ombudsman. Therefore tenant/landlord disputes usually end up in court. The RRB is introducing a new Ombudsman service that will provide fair, impartial and binding resolutions to tenants and landlords, with the intention of reducing the need to go to court. Only tenants will be able to initiate disputes.
Unintended Consequences: Will the Ombudsman be set up, and ready for the implementation of the RRB? Landlords will have to join the Ombudsman by law. How will landlords be able to raise disputes? Payment for the Ombudsman – it will be another fee that landlords will have to pay – per property. Tenants can raise disputes for free. Here is the wording from gov.uk regarding the new Ombudsman;
‘Tenants will be able to use the service for free to complain about a landlords’ actions or behaviours. The service will offer fair, impartial and binding resolution for tenants, and will have powers to compel landlords to issue an apology, provide information, take remedial action, and/or pay compensation. The service will also benefit landlords by resolving tenant-initiated complaints in the quickest and most cost-effective way possible. Landlords will also have access to guidance and support from the ombudsman service to help them improve their complaint handling practices.’
Very concerning. Whilst we support a fair resolution for tenants who have bad landlords, what about the good landlords who are doing their best to provide good and safe accommodation? Confidence is down, which is leading to many landlords selling up and leaving the PRS. Unfortunately increasing the numbers of those who face homelessness.
SWLA suggest that with the introduction of an Ombudsman for landlords, there should be the same service for landlords to raise issues regarding tenants who breach their fair tenancy agreement terms.
SWLA welcome all MPs to get in touch with us – we can help everyone best understand the PRS so that we can all help to create a better and more fair PRS.
SWLA members are encourage to send this article to their local MP so that little changes can be made to the measures of the Renters Rights Bill – whilst discussions are taking place in Parliament.
You can follow the Bill’s progress here; https://bills.parliament.uk/bills/3764
Trago’s January sale will start on Saturday 28th December. ALL Trago2Business customers will receive 15% discount off all purchases EVERYDAY, until 1st February 2025 inclusive (some exclusions apply).
Please remember to present your Trago2Business card BEFORE the start of the transaction to receive your 15% discount (photos of the card will not be accepted).
If you are an SWLA member and have not yet applied for your Trago2Business card, please contact the SWLA office for instructions on how to apply.
FESTIVE STORE OPENING TIMES
Saturday 21st December – 9am – 6pm
Sunday 22nd December – 10am – 4pm
Monday 23rd December – CLOSED
Christmas Eve – CLOSED
Christmas Day – CLOSED
Boxing Day – CLOSED
Friday 27th December – 9am – 6pm
Saturday 28th December – 9am – 6pm
Sunday 29th December – 10am – 4pm
Monday 30th December – 9am – 6pm
New Years Eve – 9am – 6pm
New Years Day – CLOSED
Tuesday 2nd January – 9am – 6pm
For more information please see the Trago website; www.trago.co.uk
More social housing tenants could be stopped from buying their own homes as part of a shake up of Right to Buy policy.
Under the proposals, tenants may have to wait more than ten years to buy their homes and those living in newly built social homes may never be able to buy.
The government also wants to cut Right to Buy discounts back to pre-2012 levels and discourage social tenants from selling the homes they have bought.
Housing Secretary Angela Rayner said its changes will address the loss of social housing, but the Conservatives said Labour is “limiting aspiration and social mobility”.
Since the Right to Buy policy was introduced in 1980, almost every year has seen a net loss in social housing stock as successive governments have failed to replace the housing that has been bought or demolished.
There are 1.4 million fewer English households in social housing than there were in 1980, according Shelter’s analysis.
“Too many social homes have been sold off before they can be replaced, which has directly contributed to the worst housing crisis in living memory,” said Rayner.
“We cannot fix the crisis without addressing this issue – it’s like trying to fill a bath when the plug’s not in.”
The housing department has proposed increasing the minimum amount of time tenants have to live in their social home before buying them from the current three years.
It was reduced to three years from five years in 2014, but the government is seeking views on whether to raise it to five years, 10 years, or more than 10 years.
It is also considering banning tenants from buying any newly built social housing.
Currently, tenants can buy housing that is more than three years old, but it has proposed increasing the length of time newly built social housing is protected from being bought to between 10 and 30 years or “permanently”.
It also wants to reduce the maximum discounts for tenants using Right to Buy to between £16,000 and £38,000 depending on the council – bringing them back to pre-2012 levels.
Under the current rules, tenants have to repay this discount to the council if they then sell the property on within five years of buying. The government wants to extend this to 10 years.
The measures come after the government announced other changes to Right to Buy in the Budget, including allowing councils to spend all of the money they get from a Right to Buy sale on buying or building new social housing rather than just half.
Not everyone supports Labour’s Right to Buy reforms. Shadow housing secretary Kevin Hollinrake accused the government of “pulling up the drawbridge on home ownership and limiting aspiration and social mobility”.
“The Right to Buy has helped millions into home ownership. It has given something back to families who worked hard, paid their rent, and played by the rules,” he said.
Meanwhile, Shelter chief executive Polly Neate said Right to Buy reform was “vital… but not enough on its own”, adding that the changes “must be combined with serious investment in social homes in the Spring Spending Review”.
Rayner has made social housing her mission in government, having previously told the BBC she wants to see “the biggest wave of council housing in a generation and that is what I want to be measured on”.
Some have urged the government to be more radical on Help to Buy with Manchester mayor Andy Burnham calling for it to be “suspended” while others have called for it to be scrapped entirely.
Article from BBC News
More tenants could be excluded from Right to Buy, Rayner proposes – BBC News
Black Friday Tradepoint Deals to be had from Friday 1st November to Monday 2nd December 2024.
Remember SWLA members also get our 10% discount ON TOP of any instore reductions.
See link below for further details and please note this offer only lasts as long as stocks do, when its gone its gone.
The Autumn Budget:
Please see attached the gov.uk link which highlights yesterdays budget.
If the link doesn’t open then please copy and paste it into your browser (e.g. Google etc)
The specific areas that may affect Landlords are as follows:
Everything regarding these issues and many more raised in the Budget, can be found in the above Gov.uk link.
If you have properties that meet the following criteria, funding is available to make them more energy efficient.
If the property qualifies for funding, grants are available for the following energy saving measures to be installed:
– Gas Boiler
– Heat Pump
– Solar PV
– Wall Insulation
If you have any questions then please get in touch with Andrew at Energy Saving Grants; 0330 223 0333
www.energysavinggrants.org
info@energysavinggrants.org
Our latest meeting at the Future Inn, Plymouth! It was great to see members old and new.
Thank you to our speakers;
Steve Cox from Alan Boswell Group, one of our trusted insurance partners. Steve spoke about the importance of getting landlord insurance right, current insurance trends and what to watch out for with the upcoming changes in the Private Rented Sector. If any of our members would like a landlord insurance quote, or have any landlord insurance queries, they are welcome to contact Steve and the team on 01603 216399. Advise that you are an SWLA member.
Martyn Taylor from Ashley Taylors Legal, who provide many of our members with tenant related legal assistance and court advocacy (with SWLA member discount). Martyn talked through the current plans for the Renters’ Rights Bill and looked at the positive parts and the not so positive parts to prepare our members for the introduction of the Act. He highlighted that it is in Bill stage, and very much subject to change. We look forward to Martyn’s future webinars on the subject once the Bill is finalised.
Cotty and Shash from TradePoint/B&Q were also in attendance with their TradePoint stand and merchandise. Cotty is the Tradepoint Sales Partner of the Crownhill store and would love to help our members with any projects or orders that they may have. Do say hi if you see her in the store.
**Our next date for your diaries is our Christmas Open Office afternoon on Wednesday 11th December from 3pm – 6pm in the SWLA office. Come along! We will send invitations by email nearer the time.**
Photo credit, Future Inns
Rebecca Smith MP for South West Devon is a long term supporter of the SWLA and has attended the SWLA Landlord Accreditation course. In Parliament on Wednesday 9th October, Rebecca spoke of the excellent landlords of Plymouth, and specifically mentioned those who are members of the SWLA.
Rebecca understands the pressures that both tenants and landlords face in the Private Rented Sector and is advocating for a fair Renters’ Rights Bill.
Here is what Rebecca said;
I speak recognising that we want, understandably, to keep tenants safe and to ensure that those in the private rented sector have the security that we believe they deserve. However, I do worry that the Government’s good intentions in what they are seeking to achieve will actually leave us with no homes left to rent, or at least a significant reduction. Having worked in a homelessness team 20 years ago, I have seen at first hand the impact on those who are evicted. More recently, as the cabinet member for homes and communities, I had responsibility for homelessness, building safety, disabled facilities grants and the cross-party plan for homes that Plymouth city council has proudly worked through over the years.
I speak for tenants and landlords. No one can be responsible for homelessness and not want to ensure that people in vulnerable situations have the best opportunities. However, I also speak for the many excellent landlords in the city that I represent part of, not least those who are members of the South West Landlords Association, whose training I participated in while I was a cabinet member. They provide the vital rented homes that the city and the surrounding areas need, the loss of which will have an impact on the very tenants we are hoping to support.
None of this Bill will be relevant if there are no homes left to rent. Rightmove is currently claiming that there are 50 inquiries for every rental property in Plymouth. We also have 365 households in temporary accommodation, with 162 of those households in bed-and-breakfast accommodation. I am sad to say that those numbers have not really moved much in the last couple of years, because of the lack of private rented property. With this Bill, we may therefore be ignoring the dangers of the impacts on those tenants in temporary accommodation.
We need to ensure that the private rented market in cities such as Plymouth and the surrounding rural areas is fit for purpose, and at the moment it is completely broken. The fact that the homes are not necessarily always fit to in live is almost the least of the problems, because again, as I have said, if there are no homes to live in, people do not have anywhere to be.
For the full transcript; Renters’ Rights Bill – Hansard – UK Parliament
Why are EPCs being upgraded?
The way the rating in the Energy Performance Certificates (EPC) is currently calculated, based on standardised data, leads to anomalies in its representation. Focusing as it does on cost, not the real-life energy usage and carbon performance of running a building.
For example, the energy performance rating system (EPC) used at present is based on the efficiency of heating a building using natural gas. This is because this has been the cheapest and the most effective form of heating, but when you use LPG or when you up-grade to an electrical heating system or a heat pump, the result is the EPC rating falling.
These inconsistencies and inaccuracies in the existing EPC calculation mean that property owners can currently pay out thousands of pounds for work that, when they come to test or to sell the property, they find they actually lowered their EPC rating.
The energy sector has been scathing about the system. The EPC rates buildings from A to G but experts are saying the current system is ‘not fit for purpose’ because the rating is based on the cost of energy used, not on the actual carbon emitted into the atmosphere.
It punishes people for installing heat pumps because they use more electricity and LPG gas because it’s more expensive than natural gas – it incentivises the use of mains gas over electricity or LPG.
Tom Spurrier, of the UK Green Building Council, a leading industry body, has said:
‘We have currently got a metric that incentivises gas because it is cheaper.’ If you install a heat pump, which is powered by electricity, your EPC rating may fall. Properties with Liquid Petroleum Gas (LPG) are also marked down because the gas is more expensive than mains gas.
So, what’s the replacement method?
The replacement is the Home Energy Model which will use a new Future Homes Standard assessment in which energy assessors will measure:
1 – all the windows at the property, rather than relying on assumptions based on the property’s age
2 – they will carry out additional assessment of rooms and lofts
3 – they will introduce of a new age band for properties or extensions built from 2023 onwards
4 – they will also consider the use of power diverters and battery storage, used in conjunction with solar panels
5 – finally, they will recommend the use of heat pumps more frequently.
This will change the framework by which energy efficiency is calculated to bring the focus instead on to carbon emissions. The assessments will be more in-depth, relying less on assumptions, more on measurements which should give a more accurate picture of the energy efficiency of a building.
The assessments should also provide more accurate information as to what improvements are necessary to bring a building up to a specific energy rating.
EPC surveys and performance ratings were derived primarily as a cost-based rating system, and while they do generate some useful insights, in their current form, the algorithms used produce some inaccurate assessments.
Higher cost of assessments
Inevitably, a more in-depth assessment will be more time consuming for an assessor and therefore the cost to the landlord is likely to be higher. Whereas the current EPC assessment takes around 30 minutes and costs anywhere between £60 and £75 using the Standard Assessment Procedure (SAP). This gives an EPC rating between A, highly energy efficient to G which is very inefficient.
What is RdSAP10?
The Building Research Establishment (BRE) gives information on its Reduced Data Standard Assessment Procedure (RdSAP).
RdSAP is to be the UK’s officially approved method for evaluating the energy performance of residential properties and used in generating future Energy Performance Certificates (EPCs).
RdSAP is used in assessing existing dwellings where the complete dataset required for a standard SAP (Standard Assessment Procedure) calculation is not available. Instead, RdSAP uses default values and data collected methods during on-site assessments by trained assessors to calculate energy performance.
The launch of RdSAP10 it is said will bring about some of the most significant changes to EPCs ever. The changes have been specifically designed to improve the accuracy of EPCs with Assessors less reliant on the use of “default” values.
More accurate EPCs
It is thought that more accurate EPCs will result in higher ratings on properties that have been assessed under the current EPC software. In all, 30 changes are being introduced to the assessment, examples include:
Insulation – previously assessed in increments of 50mm it will now be assessed in increments of 25mm with a new 10/12mm minimum thickness. This was not previously specified and therefore allows the recording on insulation that is less than 50mm
Windows – all widows will now be measured, benefiting properties with smaller windows or less glazing. The orientation of windows will also be recorded along with their age. Shutters and window insulation will also be considered in the assessment.
Loft conversions and roof rooms – Assessors will need to take additional measurements to account for the various construction types of common wall and gable walls in roof rooms. More data will need to be recorded to accurately reflect the construction types and insulation levels.
Wall thickness – wall thickness is currently included in EPC calculations, but the new version will register improved u-Values for thicker walls. This will benefit older solid wall properties. This will up-grade properties with solid brick and stone walls.
Hot Water Cylinders – the capacity will now be recorded as will the kWh/day figures, replacing the current options of small, medium and large cylinders.
Basements – significantly more data will now be recorded which will include u-Values for the walls. These will differ from above ground walls.
A New age band – for post 2023 constructions such as new extensions and loft conversions.
Lighting – All lighting will be assessed taking into account different lighting types such as LED with low energy bulbs.
Battery Storage – will be taken into consideration in the assessment when combined with Solar panels, not currently an option.
Air pressure leakage tests – currently only used for a new build property, this could be an additional option for owners to undertake to improve ratings.
Annual fuel running costs – will be taken into account.
Improvement recommendations – An air source heat pump is to be a specific recommendation along with solar and battery storage.
When will these changes come in?
The new method of assessment – RdSAP10 – is expected to be launched sometime this year. Assessors are currently being trained and the system is in its final stages of testing with the BRE and other Accreditation Bodies.
With EPC grade C now a definite new standard to be imposed on rental properties by 2030, landlords will be encouraged to improve their properties where necessary and apply for a new EPC under RdSAP10 when available.
Article Abridged from Landlord Zone
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:
A Satisfactory Code is:
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
A summary of the measures in the Renters’ Rights Bill which was introduced to Parliament on 11 September 2024.
The Renters’ Rights Bill will:
Section 8 Grounds – Proposed Amendments
As it stands, here are the proposed amendments to the Section 8 Grounds (we have only included Grounds that will be relevant to our members, for the full grounds please see the gov.uk guide);
Mandatory Grounds:
Ground 1; 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’ notice required.
Ground 1A; The landlord wishes to sell the property. Cannot be used for the first 12 months of a new tenancy. 4 months’ notice required.
Ground 4A; 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’ notice required.
Ground 6; 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 a certain kind. 4 months’ notice required.
Ground 6A; The landlord is subject to enforcement action and needs to regain possession to become compliant. 4 months’ notice required.
Ground 7; 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’ notice required.
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 – no notice period required.
Ground 7B; 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’ notice required.
Ground 8; 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’ notice required.
Discretionary Grounds:
Ground 9; Suitable alternative accommodation is available for the tenant. 2 months’ notice required.
Ground 10; The tenant is in any amount of arrears. 4 weeks’ notice required.
Ground 11; The tenant has persistently delayed paying their rent. 4 weeks’ notice required.
Ground 12; The tenant is guilty of breaching one of the terms of their tenancy agreement (other than the paying of rent). 2 weeks’ notice required.
Ground 13; The tenant has caused the condition of the property to deteriorate. 2 weeks’ notice required.
Ground 14; 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, no notice period required.
Ground 15; The tenant has caused the condition of the furniture to deteriorate. 2 weeks’ notice required.
Ground 17; The tenancy was granted due to a false statement made knowingly or recklessly by the tenant or someone acting on their instigation. 2 weeks’ notice required.
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)
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:
The legislation will also introduce:
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.
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:
Here is a guide to some additional checks that you can do to stay gas safe:
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.
Labour has confirmed plans for all rented properties to achieve a minimum Energy Performance Certificate (EPC) grade C by 2030.
This initiative was confirmed by Miatta Fahnbulleh, the Under Secretary for Energy Security and Net Zero, as part of the government’s ongoing efforts to tackle fuel poverty.
Green Party MP Ellie Chowns raised the issue in a written question to the Secretary of State for Energy Security and Net Zero, asking whether it would become official policy to require landlords to enhance the energy efficiency of their properties to an EPC C rating. Ms. Fahnbulleh affirmed the government’s dedication to this goal, highlighting the positive impact it would have on households struggling with energy costs.
Secretary of State for Energy Security and Net Zero Ed Miliband echoed this sentiment in a recent Commons address, emphasizing the contrast between the current administration’s proactive stance and the inaction of previous governments;
“One thing that this Government will do that the last Government did not, is demand that landlords raise the standard of their accommodation to a proper energy performance certificate standard C by 2030”
Despite broad support for the initiative, concerns have been raised regarding the financial burden on landlords. Propertymark has called for financial assistance to help landlords meet the new EPC requirements;
“Propertymark wants to see more energy-efficient homes, but, as we have long said, the rules and requirements must be realistic and achievable for the sector,” the organization stated. “Any future targets must be fully backed by legislation that incentivises and encourages people rather than penalising them.”
Propertymark has written to Ed Miliband seeking further clarification and support for landlords to achieve these energy efficiency targets.
As the 2030 deadline approaches, the Labour government faces the challenge of balancing its commitment to reducing fuel poverty with the need to support landlords in making the necessary improvements to their properties.
Article Abridged from NetRent
Labour Confirms It’s EPC Category C for Rental Properties by 2030 – NetRent
The Housing Minister (Matthew Pennycook) has ruled out the introduction of rent controls in England.
The comments were made in a written response to a query from shadow housing secretary Kemi Badenoch, who asked if Labour had any plans to implement rent controls.
Here are the Housing Ministers comments;
“The Government does not support the introduction of rent controls. We have made clear that we intend to use the Renters’ Rights Bill to provide tenants with greater protections against unreasonable within-tenancy rent increases.”
Scotland introduced rent controls in October 2022 – Scotland’s experience with rent controls has been marked by a landlord exodus and shrinking rental availability. Wales is currently exploring similar measures, having launched a Green Paper titled ‘A Call for Evidence on Securing a Path towards Adequate Housing Including Fair Rents and Affordability’.
Article Abridged from NetRent
Government Rules Out Rent Controls for England – NetRent
The Bank of England has cut interest rates from 5.25% to 5%, the first drop since the onset of the pandemic in March 2020.
Over 40 Bills were announced at the State Opening of Parliament (in the King’s speech) on 17th July, including the Renters’ Rights Bill.
Commentary about the new Renters’ Rights Bill published from the government:
“The Government is determined to address the insecurity and injustice that far too many renters experience by fundamentally reforming the private rented sector and improving the quality of housing in it.
“We value the contribution made by responsible landlords who provide quality homes to their tenants and believe they must enjoy robust grounds for possession where there is good reason to take their property back.
“However, the Government is determined to level decisively the playing field between landlord and tenant by providing renters with greater security, rights and protections and cracking down on the minority of unscrupulous landlords who exploit, mistreat or discriminate against tenants with bad practices such as unfair rent increases intended to force tenants out, and pitting renters against each other in bidding wars.
“The Renters’ Rights Bill delivers our manifesto commitment to transform the experience of private renting, including by ending Section 21 ‘no fault’ evictions – we will take action where the previous Government has failed.
“The Bill will give renters much greater security and stability so they can stay in their homes for longer, build lives in their communities, and avoid the risk of homelessness.”
Details so far about the Renters’ Rights Bill
• Abolish Section 21 and expand Section 8 grounds for possession
• Give tenants the power to challenge rent increases that may be designed to ‘force them out’
• Ensure landlords consider pet requests and not unreasonably refuse – landlords can request that tenants take out pet damage insurance
• Introducing a Decent Homes Standard
• Extending ‘Awaab’s Law’ to the PRS (so that private landlords swiftly deal with hazards, damp and mould problems)
• Create a digital national database of landlords and their properties, i.e. a national portal
• Create a new ombudsman service for the private rented sector to provide impartial and binding solutions to reduce the need for court proceedings
• Prevent discrimination against tenants with children or those who receive benefits
• Preventing agents and landlords from encouraging bidding wars
As you can see – the proposed details above are largely the same as the Conservative’s ‘Renters (Reform) Bill’.
Next steps for the legislation
Draft Bills are issued for consultation before being formally introduced to Parliament. This allows proposed changes to be made before the Bill’s formal introduction.
The Kings Speech can be read in full here; https://www.gov.uk/government/speeches/the-kings-speech-2024
There is an item that you can place within a communal area of Flats or HMOs that can make a huge difference to the fire brigade and their response to a fire or emergency within your building. Secure information boxes are easily identifiable repositories for documents intended for use by the fire and rescue service during a fire.
Its main use is for high-rise buildings; however, the box can be placed in smaller properties that have communal areas. Having a box with important fire documents enclosed really highlights to your tenants that you take fire safety seriously within the building.
The Fire Safety (England) Regulations 2022 made it a legal requirement for existing high-rise residential buildings in England to have a secure information box installed on the premises from 23 January 2023. High rise buildings are 18 metres or more in height OR seven or more floors in height.
The regulations require responsible persons to install a suitably secure information box in or on their high-rise buildings. They will also be required to provide in the box:
Access should be given to the fire and rescue service. Boxes should be maintained, and their contents kept up to date in line with the duties imposed by the regulations and the Fire Safety Order.
The Grenfell Tower Inquiry Phase 1 report highlighted that the lack of on-site information available to London Fire Brigade on the night could have further hampered their response had the layout of the building been more complex. The Inquiry recommended that the owner and manager of all high-rise residential buildings be required by law to ensure that the building contains a secure information box.
While the regulations require responsible persons to proactively send the fire and rescue service relevant information electronically, there is still a practical use to the fire and rescue service in having some of this information available in hard copy on site.
In order to keep this information safe and secure, access should be given to the fire and rescue service either by a copy of the key, or the access key-code being shared with them.
The fire and rescue service has informed the Grenfell Inquiry that during a fire, hard copies of building plans are helpful in aiding their operational response. This allows first-attending crews to understand the building’s layout and respond effectively by using these plans in a dynamic environment without having to rely on technology.
Chapters 2 to 4 of “The Code of Practice for the Provision of Premises Information Boxes in Residential Buildings” produced jointly by the FIA and the NFCC sets out good practice on secure locations to install information boxes.
The regulations do not require a responsible person to include personal or sensitive information about residents in the box.
Under the Fire Safety Order, responsible persons already have a duty to maintain in an efficient state and in efficient working order and in good repair any facilities, equipment or devices used by fire-fighters
For compulsory (high rise) boxes, the regulations require a responsible person to inspect the secure information box annually and ensure its contents are up to date.
What would you place within it?
The Building Fire Risk Assessment, The Fire System Service Log Book, Emergency Lights Test Book, The Weekly Test Log Book, A Paper Copy (Laminated If Possible) of the Building Layout, Fire Extinguishers Service Log Book, Weekly Fire System Test Book, A Pen, Contact Details For the Responsible Person, Gas Pipe Incoming Location, Electrical Shut off, Is There Solar panels on the building?
As you can see there is a lot of information within the document box that can be stored and this information rather than being spread over the building it has its own place to be. The fire brigade would look more favourable to a landlord or responsible person who had all this information to hand rather than looking for information which may be lost in time.
As a Fire Risk Assessor, I recommend these are installed in all rented properties that contain a communal area. Although only compulsory in high rise buildings, it’s great to go above and beyond for the safety of your tenants.
Article by Will Carter of Fire Risk Assessors South West 07740 074084
