Private Sector Housing

Rob Watson

Private Sector Housing Manager

Private Sector Housing Team

• Duties include:

• HMO Inspection & Licensing

• Advice and assistance for both landlords and tenants on standards, fire safety, HHSRS

• Empty Property Loans given for up to £10k

• Unauthorised encampment management and eviction

• Energy Efficiency Advice and projects

• Harassment/unlawful eviction

• Mobile Home Site Licensing

• Informal approach to PRS tenant complaints unless serious threat to Health and Safety or Category 1 Hazard.

Current Issues

Current politics

Legal changes ranging from April 2017 to cover the following:

Extension of mandatory HMO licensing – likely 200% increase

Introduction of civil penalties

Banning Orders

Rogue landlord database

Fit and proper persons test

Electrical Safety Regulation

Ban on energy inefficient properties April 2018

Extension of HMO Licensing

• Current criteria for HMO’s only 3 storeys & above to be removed

• Any HMO or flat operating as such with 5 or more occupiers will need a licence

• New HMO Amenity Standards & Fees subject to consultation over next two weeks

• No grace period – Effective from 1st October 2018

• Set a minimum room size of 6.52m2 in line with existing overcrowding standard (Housing Act 1985) for single rooms and 10.22m2

• Applications can be made now, no need to wait until October

• New licence conditions – specify occupiers per room

• Fit and Proper Person Test

Civil Penalty Charges

• Alternative to prosecution of rogue landlords

• Same process and charging structure applied across all of Warwickshire

• Minimum of £5000 up to maximum of £30,000

• Council get to keep all costs and recycle into services not Courts/treasury

• Way of Appeal to the First Tier Tribunal

• Huge fluctuations in Court fines give unfair advantage to Rogue Landlords

Civil Penalty AmountsFailure to comply with an Improvement Notice £

1st offence 5000

2nd subsequent offence by same person/company

15,000

Subsequent offences by same person/company 25,000

Offences in relation to licensing of HMOs £

Failure to obtain property Licence 10,000Subsequent offence by same person/company 30,000

Failure to comply with management regulations £

1st relevant offences 1000/offence Subsequent offences by same person/company for the same offence

3000/offence

Minimum Energy Efficiency Regulations

• A minimum EPC Band E must be achieved for new tenancies commencing after 1st April 2018 and for continuing tenancies after 1st

April 2020.

• Privately rented domestic accommodation which has an EPC Band F & G should not be let after these times. Landlords will need to undertake measures or enter the property into the PRS Exemptions Register.

• A consultation which recently closed proposed a Landlord Cap of £2500, a consultation response is currently being compiled by government.

• External training courses are available to cover this topic. Please ask for details.

• The Council have access to all EPC data throughout Nuneaton and Bedworth and North Warwickshire. We will be writing to those rented properties which are within Bands F & G to encourage them to improve the property.

Energy Efficiency Advice

• The Warwickshire Authorities have introduced an energy Statement of Intent. This allow companies to use ECO funding to assist our residents.

• Those who can qualify has significantly increased. No longer restricted to those on benefits. Open to private landlords also.

• The Council have entered into a contract with EON to promote and install energy efficiency measures in the area.

• ECO funding – loft, cavity, boilers, oil and LPG replacement

• Typical contribution example – private tenant accessing funding to replace broken boiler, cost to landlord for:

Semi-detached property £500. Terraced £1000.

Warwickshire Switch and Save

• A collective switching scheme run to ensure residents get a cheaper deal on gas and electric

• Register to Switch to a cheaper deal

• www.warwickshire.gov.uk/switchandsave

• 0800 988 2881

Rogue Landlord database and Banning Orders

• Database – To help Councils keep track of rogue landlords and target enforcement action

• Banning Orders prohibiting landlords letting property or being involved in letting/management activities

• Banning offences – likely to include fraud, harassment, failure to comply with Housing Act requirements

BOTH NOW IN USE – NOT OPEN TO THE PUBLIC

Mandatory Electrical Testing

• Consultation recently closed on this – Await feedback

• Suggested mandatory 5 yearly electrical check

• This would link to being unable to serve section 21 if not in place (same as EPC, How to Rent Guide and gas safety record)

• This would only apply to tenancies which commenced after October 2015.

• Likely to be April or October 2019 if adopted

Other News• Caridon Property Ltd v Monty Shooltz – London County Court – Feb 2018

• http://www.landlordlawblog.co.uk/2018/02/13/bad-news-landlords-section-21-gas-safety-certificates/

• Possession order refused on the ground that the section 21 notice was invalid due to failure to serve a gas safety certificate on the tenants before they moved in.

• Although a gas certificate was served some 11 months later and before the service of the s21 notice, the Judge did not accept that this was sufficient to satisfy the rules.

• How this affects you

• Recommend you serve the Gas Safety Certificate on your tenants BEFORE they are given the keys.

• Serve these documents in a way that can be proved later – ideally by getting the tenants to initial and date a copy of the documents or you may be able to prove service via an electronic signature process.

• Whatever method you use, make sure you keep full details so you can prove service later should this be necessary.

Fire Safety

• Independent Review of Building Regulations and Fire Safety led by Dame Judith Hackitt, delivered its Final Report – Building a Safer Future in May 2018.

• Implications suggest a more simplified and streamlined system for regulation encompassing Fire service, Building Regulations and Environmental Health.

• New Joint Competent Authority (JCA) may follow for use by designers, owners and contractors.

• Implications may spread beyond typical high rise stock.

Contact us:

Private Sector Housing Team

02476 376 376

privatesectorhousing@nuneatonandbedworth.gov.uk