Posts with tag: landlord law

Landlord Handed Prison Sentence for Ignoring Gas Safety

Published On: April 26, 2016 at 8:35 am

Tags: gas safety,landlord law,landlord responsibilities,rogue landlords

A landlord has been handed a suspended prison sentence after he ignored repeated warnings about arranging an annual gas safety check at his property.

Landlord Handed Prison Sentence for Ignoring Gas Safety

The six-month sentence was suspended for 12 months, during which time he will be electronically tagged and must abide by a curfew between 7pm and 7am for the first three months.

Tariq Ali was given numerous opportunities by the Health and Safety Executive (HSE) to arrange an inspection at a property he owned in Accrington, after the previous Gas Safety Record expired in October 2012.

Landlords are legally required to have gas appliances checked by a Gas Safe registered engineer at least once a year. However, Ali failed to comply with the law.

Your responsibilities as a landlord can be found in this comprehensive guide from the Gas Safe Register: https://www.justlandlords.co.uk/news/landlords-guide-gas-safety/

Ali was found guilty following a trial at Trafford Magistrates’ Court of single breaches of Regulation 36(3) of the Gas Safety (Installation and Use) Regulations 1998 and Section 33(1)(g) of the Health and Safety at Work Act 1974.

The charges relate to failing to have the gas appliances checked annually and failing to comply with an improvement notice.

Ali must also pay £20,000 towards HSE costs.

The court heard how Ali first came to the attention of the Gas Safe Register in 2011, after gas appliances at several of his properties were considered at risk or immediately dangerous.

The HSE reports that on average, over eight people are killed and almost 330 people are injured every year by carbon monoxide poisoning from gas appliances and fires and explosions caused by faulty gas installations.

It is vital that you take your responsibility as a landlord very seriously and remember to follow the law.

Legal Expert Offers Advice for Landlords on Section 21 Notices

Published On: April 19, 2016 at 1:56 pm

Author: Em Morley

Categories: Landlord News

Tags: advice for landlords,evictions,landlord law,section 21 notices,tenants

When the Deregulation Act 2015 was introduced on 1^st October, it brought with it many complications for landlords. Legal expert Francessca Tremeer has advice for landlords on what you must do to avoid a section 21 notice becoming invalid.

Under the Deregulation Act, there are new rules for landlords to adhere to when serving a section 21 notice on tenants for Assured Shorthold Tenancies (ASTs) that started on or after 1^st October 2015.

Tremeer, of QualitySolicitors Burroughs Day, explains that to ensure best practice, you must “get it right at the start” by complying with all of the rules and regulations that govern the private rental sector. This includes keeping consistent and correct documentation, conducting the required safety checks, complying with

Francessca Tremeer

deposit legislation and keeping records of all correspondence with your tenants.

“Section 21 notices are easy to get right, but many people get them wrong,” says Tremeer.

If you are serving a section 21 notice to evict a tenant, you do not need to give reasons for asking them to leave. However, be aware that you cannot serve a section 21 notice within the first four months of a tenancy, or within six months of receiving an improvement notice from the local authority. Also, be aware that you must use the word ‘after’ in your notice and specify a calendar date for the tenant to leave. There is a prescribed form of section 21 notice that landlords should use.

“When serving the section 21 notice, you must allow enough time for service of the notice,” says Tremeer. She explains that you must stick to what is written in the tenancy agreement about serving eviction notices and choose the relevant method of service.

“If there is no mention of serving by post, for example, then don’t post it,” adds Tremeer.

You must also keep a proof of service, so if you are serving the notice in person, you should take a witness with you and make a note of the date and time of service. Additionally, you must ensure that the tenant has physically received the notice, either by putting it into their hand, through the letterbox, or under the door.

If your tenant stays in the property after the section 21 notice has expired, what can you do? “You can then use the accelerated possession procedure,” says Tremeer.

There is usually no need for a hearing in these cases, you will simply need to complete a claim form for possession, sign the document and post the form, tenancy agreement and other required documents to the court. However, this comes with a cost of £355. If you let out a House in Multiple Occupation (HMO), you may also be required to send your license.

If your tenant still doesn’t leave after a possession date has expired, you can send a bailiff to the property. This typically costs £110, but can take six weeks or more. “If you do need to go down this route, it is useful to have a clause in the tenancy agreement that tells tenants not to leave their possessions in the property, and what you will do if anything is left behind,” advises Tremeer.

As the process of evicting a tenant can take a long time, and if they haven’t been paying the rent already, your finances may suffer. You should consider taking out landlords insurance.

Follow this advice and stick to the law!

QualitySolicitors offers a fixed fee possession service for landlords. If you have further questions relating to problem tenants and how to gain possession, QualitySolicitors Burroughs Day provides a free first advice service and you can also sign up to their regular legal bulletin for landlords.

Landlords Fighting Tax Changes Launch Second Crowdfunding Campaign

Published On: April 18, 2016 at 9:02 am

Author: Em Morley

Categories: Landlord News

Tags: landlord law,landlord taxes,mortgage interest tax relief,Tenant Tax Summit

The two landlords fighting forthcoming tax changes in the buy-to-let sector have launched the second phase of their crowdfunding campaign to help them challenge the Government.

Steve Bolton and Chris Cooper have hired Cherie Blair’s law firm, Omnia Strategy, to tackle the Government’s plans to reduce the amount of mortgage interest that landlords can offset against tax. They have also announced an event in London to support the challenge.

The Judicial Review of Section 24 – Tenant Tax campaign aims to raise an additional £250,000 to fight the Government in court. The initial crowdfunding round raised £50,000 in just eight days.

On 9^th June, the pair will hold the Tenant Tax Summit – Landlords Fight Back event at the ILEC Conference Centre in Earls Court. Confirmed speakers include Lord Howard Flight and representatives from Platinum Property Partners, SpareRoom.co.uk, Shawbrook Bank, Property 118 and Property Tribes.

Landlords Fighting Tax Changes Launch Second Crowdfunding Campaign

The event will highlight the struggle of landlords and tenants, explaining how the new legislation will force many landlords to either sell their properties – therefore reducing the supply that the private rental sector needs – or raise their rents much higher – making renting even more unaffordable.

Bolton, the founder of Platinum Property Partners, and Cooper are calling on landlords, tenants, letting agents and others who will be affected by the new legislation to support their cause.

The campaign is now reopen for pledges via CrowdJustice (https://www.crowdjustice.co.uk/case/tenanttax/). It hopes to raise £250,000 to fight Section 24 of the Finance (No. 2) Act 2015.

Tickets for the London event are being offered to anyone who makes a minimum pledge of £100. Event costs are being covered by corporate sponsors, partners and patrons.

In February, the pair submitted a full application for a judicial review, and an Acknowledgement of Service was received from HM Revenue & Customs and the Treasury.

From April 2017, the amount of mortgage interest relief that can be offset against tax will be reduced to the basic rate for buy-to-let landlords. Those operating as limited companies will not be hit by the tax change, thus causing many landlords to consider setting up their business this way.

Bolton explains the importance of the campaign: “The days where nobody loves a landlord must come to an end. We need to unite to show that we will not accept the victimisation of landlords and tenants by the out of touch political elite. They are deluded if they believe that they will go unchallenged when trying to reclassify mortgage interest as anything other than a normal business expense.

“The tenant tax is wrong on every level, and if we allow a normal business expense to become a taxable expense for landlords, who will be next: Corporate landlords? Shopkeepers? Small business owners? Anyone who has used finance to help expand their business?”

He continues: “We aim to make the Tenant Tax Summit a very enjoyable, inspiring, interactive, uplifting, informative, educational and motivational day. It is a unique chance for our grassroots supporters to come together, support each other, share ideas and shout from the rooftops. We want to show politicians, the media and the country at large that we truly are a force to be reckoned with.”¹

Support the cause on Facebook: https://www.facebook.com/clause24/?fref=nf

Tenants can Request Energy Efficiency Improvements from Friday

Published On: March 28, 2016 at 8:28 am

Author: Em Morley

Categories: Landlord News

Tags: energy efficiency,energy efficiency improvements,EPC rating,landlord law

As of Friday, 1^st April, private tenants will be able to request consent from their landlords to conduct energy efficiency improvements on their rental properties.

The landlord will not be able to unreasonably refuse consent. However, it is the responsibility of the tenant to ensure that the works are funded and that there are no upfront costs to the landlord, unless the landlord agrees to contribute.

This is a separate regulation to the new energy performance rules, which will require all private rental properties to be brought up to an Energy Performance Certificate (EPC) rating of at least an E from 1^st April 2018.

Tenants can Request Energy Efficiency Improvements from Friday

Tenants in the private rental sector can make the requests in England and Wales from Friday. Properties covered by the regulations include those let under an assured tenancy, or a tenancy or shorthold that is a regulated tenancy for the purpose of the Rent Act 1977.

Regardless of whether the property has an EPC rating at the time of the tenant’s request, the tenant still has the right to make a bid. However, if a building is not within the scope of the EPC regulations, a landlord does not have to provide consent for the improvements.

The works covered by the regulations are any energy efficiency improvements that qualify for the Green Deal and the installation of a gas supply where the mains are within 23 metres of the property.

The tenant’s request is for a landlord to give consent to the carrying out of specified works. This includes not just the immediate landlord, but also the superior landlord or freeholder in leasehold properties. Consent must not be unreasonably refused by any of them.

Consent is required not just for permission under the terms of a tenancy agreement, but also for work outside the boundaries of the property, such as in a block of flats.

From 1^st April, a tenant will be able to request consent to install energy efficiency measures at their property, as long as the measure is one of those listed in the Schedule of the Green Deal (Qualifying Energy Improvements) Order 2012, or is to connect the property to the gas network. The tenant must also have a way of funding the measure at no cost to the landlord, such as through Green Deal finance, Government grants or incentives, ECO, other grant funding, or paying for the measures themselves.

An EPC, surveyors report or Green Deal Advice Report (GDAR) is not required under these regulations, but may be required if the tenant wishes to make use of Government funding or ECO.

If a tenant does not provide an EPC, surveyors report or GDAR, the landlord will have grounds for refusing consent if they have advice that the measure is not suitable for the property.

For a request to be valid, a tenant must specify and provide details of the energy efficiency measures that they wish to install, and provide written evidence to the landlord of either a Green Deal Finance Plan, or evidence of quotes for the improvements from an authorised Green Deal installer, or installer who meets relevant installer standards.

Landlords are able to propose a counter offer, where the energy efficiency improvements would provide the same or mostly the same savings on energy bills as was specified in the tenant’s request. Additionally, the counter proposal must not include work that would result in an initial or continuing cost to the tenant that exceeds the cost of all the relevant energy efficiency improvements specified in the request.

Be aware that from Friday, you will be required to grant consent for tenants to have these improvement works completed.

Second Series of Nightmare Tenants, Slum Landlords to Begin Tomorrow

Published On: March 8, 2016 at 3:41 pm

Author: Em Morley

Categories: Landlord News

Tags: Landlord Action,landlord law,Nightmare Tenants Slum Landlords,rogue landlords

Tomorrow night at 9pm, the second series of Nightmare Tenants, Slum Landlords will begin on Channel 5.

The ten-part series explores the dark side the private rental sector and continuing housing crisis. It features leading eviction specialists Landlord Action and the firm’s founder, Paul Shamplina.

Landlord Action believes that the “complexities and sheer amount” of legislation around private rental housing is pushing more and more landlords out of the buy-to-let sector, which is further fuelling the chronic shortage of housing in the UK.

Second Series of Nightmare Tenants, Slum Landlords to Begin Tomorrow

The imbalance between supply and demand is also causing rents to rise, putting a strain on landlord-tenant relationships. Just last month, Countrywide reported that the average rent is now the highest on record.

The second series of the programme will reveal some of the difficulties faced by private landlords and tenants in a market that “needs clear and simplified direction in order to maintain its current level of growth”, according to Landlord Action. It is believed that 30% of all households will live in the private rental sector within 30 years.

The first 60-minute episode of the new series will feature three stories, two of which involve a common landlord issue – rent arrears.

Donovan Nelson, a successful music entrepreneur, has not received rent for seven months from one of his tenants. With costs spiralling out of control, Nelson has called on Landlord Action to help him evict the tenant. However, on the day of the court hearing, Donovan is faced with the news that his tenant is going to fight the eviction, claiming that the hot water is not working.

“This case highlights one of my greatest concerns surrounding last year’s introduction of the retaliation eviction law as part of the Deregulation Act 2015,” says Shamplina. “The new measures protect tenants from being evicted when they raise a complaint about the condition of their home. Unfortunately, some tenants are using this as a loophole to avoid eviction, putting landlords under extreme financial pressure.”

If you are suffering with rent arrears, rent guarantee and legal expenses insurance will ensure that you still get paid and your legal expenses are covered.

Episode one also features a rogue landlord, previously known to the authorities, who is renting a House in Multiple Occupation (HMO) to several tenants in extremely unsanitary conditions, which have caused a rat infestation.

Shamplina comments: “The show is a very real insight into the plights of the buy-to-let world. There are many professional landlords and respectful tenants out there who move from one harmonious tenancy to another, but that is not always the case.

“With increasing amounts of legislation, we’re seeing a rise in the number of landlords and tenants at loggerheads. Designed to offer a balanced view of the market, Landlord Action was thrilled to be invited to take part in the second series and help show landlords and tenants how to protect themselves.”

The first series of Nightmare Tenants, Slum Landlords, which aired in June-July 2015, attracted over 1.5m viewers.

The second series will run for ten weeks, every Wednesday on Channel 5 at 9pm.

Additionally, Shamplina will be co-hosting the new The Property Hour radio show on LBC every Thursday from 9pm-10pm, starting this week.

HMO Landlord in Reading Fined £5,700 over Disrepair

Published On: February 25, 2016 at 3:27 pm

Author: Em Morley

Categories: Landlord News

Tags: HMO's,landlord law,Reading,rogue landlords

A landlord and his firm have been prosecuted by Reading Borough Council and ordered to pay £5,700 by magistrates after failing to meet national safety standards regarding a House in Multiple Occupation (HMO).

HMO Landlord in Reading Fined £5,700 over Disrepair

The company, JV Chandler & Co Builders Ltd, and one of its directors, James Victor Chandler, based in Woodley, were prosecuted on 12^th February at Reading Magistrates’ Court for failing to maintain a HMO on London Road, Reading.

Chandler and the firm pleaded guilty to nine charges, including the disrepair of a kitchen ceiling, broken doors, faulty electrical sockets, poorly maintained drains, leaking pipes, obstructed fire escapes and a damaged roof with missing slates.

The building company and director were fined a total of £2,700 and ordered to pay costs of £3,000.

The case is the latest prosecution by Reading Borough Council of rogue landlords that put their tenants’ health and safety at risk. The council warns landlords of HMOs that they must comply with the law or face severe consequences.

The Lead Councillor for Housing at Reading Borough Council, Richard Davies, states: “The private rented sector is large in Reading, and is a rapidly growing market.

“The council values the contribution made by well managed and licensed HMOs within the local housing market and will continue to monitor the occupation of these types of property to ensure they maintain a high standard of accommodation.”

He adds: “Unfortunately, there are a few who do not meet the standards their tenants have a right to expect. We take our regulatory duties for HMOs very seriously and will prosecute those who flout the law.”¹

You will find all of the latest landlord law and regulations at LandlordNews.co.uk.

¹http://www.reading.gov.uk/PRLandlordFined