Posts with tag: Health and safety

Local Authorities Already have Enough Power to Tackle Substandard Property, Housing Minister Insists

Published On: August 7, 2017 at 8:13 am

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Local Authorities Already have Enough Power to Tackle Substandard Property, Housing Minister Insists

Local Authorities Already have Enough Power to Tackle Substandard Property, Housing Minister Insists

Local authorities already have enough power to tackle substandard property conditions in the private rental sector, the Housing Minister has insisted.

Alok Sharma, the Minister of State for Communities and Local Government, made the claim in response to a question from Labour MP Grahame Morris on whether local authorities will be granted the power to enforce acceptable standards on private property.

Morris asked Sharma whether councils would be given the authority to insist that landlords or homeowners maintain their properties to a satisfactory standard if its current condition is having a negative impact upon the local community.

The Housing Minister responded: “Local authorities already have strong powers to tackle poor property conditions.

“We encourage local authorities to take action where properties are neglected and their condition affects the amenity of an area. There are already extensive powers available to authorities, which range from notices under Section 215 of the Town and Country Planning Act 1990, which can deal with derelict land and buildings, to Section 29 of the Local Government (Miscellaneous Provisions) Act 1982 for works on unoccupied buildings.”

He continued: “Council and housing association landlords are responsible for most repairs to their housing stock. Social landlords are obliged, by law, to maintain the structure and exterior of their properties.

“All properties in the social and private sectors must comply with the Housing Health and Safety Rating System. Where a property has serious hazards that present a risk to health and safety, local authorities can carry out an assessment under the Housing Health and Safety Rating System. If they are aware of a serious hazard, they are under a duty to take appropriate action to address it.”

Recently, a proposed bill to improve housing standards in the private rental sector was reintroduced into Parliament. The Residential Landlords Association spoke out in support of the plans.

Landlords, make sure that you provide safe, secure and comfortable housing for your tenants, and stick to the law on property standards.

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Some Grenfell Tower Victims May Never be Identified due to Subletting

Published On: June 21, 2017 at 8:12 am

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It’s been one week since the devastating Grenfell Tower fire shook North Kensington. But some victims of the blaze may never be identified due to subletting, believes a lawyer.

Some victims of last week’s fire were living in flats that were sublet without permission by the original tenants, according to the local North Kensington Law Centre.

At the time of writing, Scotland Yard has confirmed that the death toll stands at 79.

Some of those that survived the blaze were reluctant to seek help from the authorities, as they feared being detained over their unresolved immigration status, says Victoria Vasey, the Director of North Kensington Law Centre.

A further problem for survivors, she explains, is that those sent by the Kensington and Chelsea authority to hotels for emergency accommodation last week were all informed that they would have to leave by Tuesday (yesterday).

“They were told last Friday and spent all weekend stressing because there was no one available to answer questions,” Vasey states. “It affected scores of people, but they have now been reassured and allowed to stay where they are.”

Vasey also adds that the problem of identifying victims was being complicated by the fact that “a lot of people were irregular in their tenancies and some were subletting. Some of them were illegal sub-tenancies”.

Those who died in the fire may not be those recorded as the official tenants of the flats.

Vasey welcomes the large number of lawyers who have volunteered to help provide free legal advice.

Daily legal clinics have been set up to advise displaced tenants on housing problems.

“Many people were concerned about their immigration status,” Vasey reports. “Some were in the middle of applications [to be naturalised] and have lost all their papers. We are offering support to them.”

She continues: “Some of the people feel they can’t seek help because they are terrified they will be carted off to immigration detention. It’s a big problem. We are trying to get the word out to get them to come and see us. We can give them advice on the basis of client/lawyer confidentiality.”

While survivors may, at a later stage, consider bringing compensation claims or seek other ways to obtain justice, Vasey claims that families are at the moment focused on more immediate needs.

One issue that may become more important once the inquiry is launched is whether the cladding added to the exterior of Grenfell Tower was primarily for insulation purposes, or because it made the building more attractive. There have been allegations that the tower had been renovated to attract more upmarket tenants.

Vasey wrote to the Home Office on Friday, calling on officials to provide emergency help for those who have lost all of their documents.

“There has been nothing to suggest there will be a waiver of the fees,” she says. “Which would be important given the circumstances they are left in.”

Rogue Landlords Hit with £18,000 Fines for Letting Hazardous Property

Published On: March 27, 2017 at 10:03 am

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Three rogue landlords have been ordered to pay fines and costs totalling £18,000 for letting a hazardous property in High Wycombe, which had faulty electrics and a lack of fire protection.

Rogue Landlords Hit with £18,000 Fines for Letting Hazardous Property

Rogue Landlords Hit with £18,000 Fines for Letting Hazardous Property

Noshiba Rehman, Saiqa Bi and Ansar Rehman have been fined for letting the hazardous property in Eaton Avenue, High Wycombe, which posed “significant” fire risks to the tenants, according to officers from Wycombe District Council, who inspected the property in July last year.

The officers found that the tenants were at risk of electrocution at the property, suggesting that there had been “no inspection of the electrical installation for at least five years”.

There was also only one battery-operated smoke detector in the property, no light in the stairwell, while the front door, which had broken glass, was patched up with tape and plywood with a hole next to the lock, making it insecure and offering tenants “no protection against intruders”.

The defendants, who did not attend court, pleaded guilty to all charges and were collectively ordered to pay £18,000.

The fines and costs imposed were as follows:

Noshiba Rehman – Fine of £5,500 in total, victim surcharge of £50 and legal costs of £850.

Saiqa Bi – Fine of £5,000 in total, victim surcharge of £50 and legal costs of £750.

Ansar Rehman – Fine of £5,000 in total, victim surcharge of £50 and legal costs of £750.

Councillor Tony Lee, the Deputy Cabinet Member for Housing at Wycombe District Council, comments on the hazardous property case: “We are determined to clamp down hard on rogue landlords like this. They are callously and consciously exploiting vulnerable people and, in this case, receiving taxpayers’ money through housing benefit paying for rent.

“Sometimes it’s difficult for tenants to stand up to landlords, but we will. Our teams are expert and determined to stop this kind of exploitation happening in Wycombe District. Let this set an example to those landlords who think they will get away with it.”

Electrical Safety Checks in PRS Homes Must be Risk Based, Insists RLA

Published On: February 7, 2017 at 9:24 am

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The Residential Landlords Association (RLA) supports the Government’s plans to introduce mandatory electrical safety checks in private rental sector homes, but insists that the tests must be risk based.

The organisation agrees that compulsory checks of fixed wiring are necessary due to the wide range of homes and standards in the private rental sector, and has proposed a risk based frequency for testing.

Electrical Safety Checks in PRS Homes Must be Risk Based, Insists RLA

Electrical Safety Checks in PRS Homes Must be Risk Based, Insists RLA

There is currently no requirement to bring in regulation for electrical safety checks under the Housing and Planning Bill, so a working group was set up by the Department for Communities and Local Government (DCLG) to discuss the pros and cons of compulsory tests of private rental sector homes.

In a submission to the DCLG, the RLA said that it believes electrical safety checks are a good idea, but risk must be taken into account when specifying how frequently they must be conducted.

The Director of the RLA, Chris Town, explains: “Compulsory five-yearly testing has been brought in in Scotland, where housing is a devolved power, but we need to remember that Scotland has a relatively small population, so what is suitable there is not necessarily suitable here in England.

“The private rental sector in England is huge and extremely diverse, ranging from £1m properties to tiny bedsits and everything in between, and the RLA believes the best course of action would be to bring in a risk based system.

“At the moment, mandatory Houses in Multiple Occupation (HMOs) must have five-year electrical safety tests, as they are deemed to be high risk, suffering multiple and intensive use.”

However, if you take a family home for instance, the system does not experience the same demand, Town points out, so there should be a longer test cycle.

“The RLA proposes a system whereby only high risk properties are placed on a five-year cycle,” he says. “This is not just because of the expense of doing the checks, but the inconvenience to the tenants.”

He continues: “To carry out these checks, every single fixed electrical fitting, such as sockets, switches and light fittings, must be opened up and examined; it is not just a case of plugging in a tester.

“This can take half a day or longer, and is much more intrusive and expensive than a gas safety check.”

The RLA also recommends the installation of Residual Current Devices, which offer added protection for the tenants from electrical shock and can provide extra protection from faulty appliances.

The organisation’s response is now with the DCLG. Civil servants will look at representations from a range of groups to decide whether to bring electrical safety checks forward and, if so, what form they will take.

How do you think electrical safety checks should be introduced?

Rogue landlord fined over £8k for health and safety breach

Published On: January 18, 2017 at 11:06 am

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A rogue landlord who did not comply with health and safety regulations regarding his rental property has been prosecuted by Woking Borough Council.

Mr Kevin Fowler was told to pay a total of £8,432 for failing to carry out maintenance work out on his property, despite two improvement notices.

Failure to Comply

The rogue investor failed to respond to a legal notice served under the Local Government (Miscellaneous Provisions) Act 1976 which required him to provide information on the ownership and occupation of his rental accommodation.

Fowler was found guilty on both accounts and was fined £4,500 and ordered to pay £3,732.11 costs to Woking Borough Council. These charges were alongside a victim surcharge of £200.

The list of misdemeanors from Fowler was large and included:

  • Faulty extractor fan
  • Hot water cylinder not installed correctly
  • Failure to carry out an electrical inspection
  • Not installing smoke alarms

What’s more, there was mould found to be growing throughout the property, while the kitchen and bathroom floor tile were cracked, with the toilet also leaking.

Rogue landlord fined over £8k for health and safety breach

Rogue landlord fined over £8k for health and safety breach

Prosecution

Councillor Colin Kemp, portfolio holder for housing services at Woking Borough Council, said: ‘Our successful prosecution of private landlords demonstrates the council’s ongoing commitment to safeguarding the rights of private tenants in the Borough.’[1]

‘Woking Borough Council acknowledges the value in the private rented sector to the residents of Woking but we are dedicated to helping ensure that landlords operate within the law and provide safe accommodation for the Borough’s residents. We do not tolerate poor housing standards or complete disregard for tenant welfare and wherever possible, we will aim to build a case a prosecute against such behaviour,’ he continued.[1]

‘We gave Mr Fowler ample opportunity to rectify the multiple issues with his property, all of which were ignored. We were therefore in no doubt that prosecution was the only suitable approach. The proactive court enforcement action will act as a deterrent to others considering neglect of their property and of their duty to provide a secure and habitable place of residence for their tenants,’ Kemp concluded.[1]

[1] https://www.landlordtoday.co.uk/breaking-news/2017/1/landlord-ordered-to-pay-over-8-000-for-catalogue-of-health-and-safety-hazards

HSE Proposes Changes to Gas Safety Checks for Landlords

Published On: November 11, 2016 at 11:32 am

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The Health and Safety Executive (HSE) has proposed changes to the timings of gas safety checks for landlords, which it believes will save time and money.

HSE Proposes Changes to Gas Safety Checks for Landlords

HSE Proposes Changes to Gas Safety Checks for Landlords

The organisation has launched a consultation on changing gas safety regulations, which currently state that landlords must carry out gas safety checks “at intervals of no more than 12 months since it was last checked for safety”.

The HSE is proposing adding a clause that requires landlords to conduct checks between 10-12 months of the previous check, but to be treated as if they were carried out on the expiry date.

Explaining the proposed changes, the consultation document says: “In order to ensure that checks are carried out at intervals of no more than 12 months, many landlords start the process for gaining access to properties at around 10.5 months after the last check, according to a survey carried out by CORGI Technical Services.

“However, since in about 75% of cases, landlords do gain access promptly, this leads to a shortening of the safety check cycle year-on-year.

“If landlords carry out a gas safety check every 10.5 months, this results in ten annual gas safety checks being completed over a nine-year period, instead of the statutory nine.”

The HSE recognises that there may be situations when there is a longer gap for a check, such as if a boiler was last checked on 1st December 2016 and a landlord makes a check ten months later in October 2017, but waits 12 months for the next one in December 2018, creating a 14-month gap.

The body estimates that its proposal would save landlords a total of £22m per year as a result of carrying out fewer gas safety checks over the appraisal period, as well as logistical savings.

The consultation document also clarifies that only gas safety defects should be recorded.

The consultation ends on 27th January 2017. You can respond via this online questionnaire: http://consultations.hse.gov.uk/consult.ti/cd280/answerQuestionnaire?qid=657699

To ensure that you stick to the law on gas safety, follow our guide: /landlords-guide-gas-safety/