News

September 2022

Harry Ulaeto

Regular property inspections can keep a tenant happy and more likely to stay for the long term

The last week has seemed as if the whole country is witnessing a bonfire of the sanities. The calm of the mourning period following the passing of Queen Elizabeth II perhaps presaging in some ways what was to come next.

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Yet another case where an empty property occupied by "Property Guardians" was deemed to be an unlicensed HMO and council fines were upheld

In March of this year we reported on a case concerning an appeal from a First Tier Tribunal (FTT) decision on occupation of a property (in Camden) by property guardians, the HMO status of such a property and the application to such a property of rent repayment orders. That decision in turn has been appealed from the Upper Tier Tribunal (UTT) to the Court of Appeal where a hearing is yet to take place.

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ICYMI: New smoke and carbon monoxide alarm regulations come into force tomorrow (1st October 2022) so from 2nd October, non-compliant landlords can be hit with £5000 fines.

ICYMI: New smoke and carbon monoxide alarm regulations come into force tomorrow (1st October 2022) so from 2nd October, non-compliant landlords can be hit with £5000 fines. Links to Govt guidance for landlords and local authorities can be accessed here.

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Wrexham landlord's HMO property management companies convicted of 17 offences, fined £114,000 and told to pay council costs of over £16,000

The landlord, Mr Pritchard, had moved to Thailand but was the "controlling director" of 3 companies that he had set up to manage his HMO properties in Wrexham, Wales. He had employed a manager to look after the properties but the manager "failed to adequately maintain or inspect" the 3 HMOs.

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Flintshire landlord guilty of illegal eviction and harassment after having "ripped out" the toilet and sink in the property he rented out

Mold Magistrates Court described the landlord's behaviour as "outrageous" as it sentenced him following his guilty plea to an offence of illegal eviction and harassment carried out in a "moment of madness".

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As CIEH and BRE decry lack of domestic energy efficiency retrofitting funding in Govt's "mini-Budget" Govt itself reiterates the funding it is already providing

The Chartered Institute of Environmental Health and the Building Research Establishment both expressed their disappointment that there was no mention of any funding proposals in the new Chancellor's mini-Budget (or "Fiscal Event" as the Government has named it) to properly solve the winter fuel poverty crisis via improving residential energy efficiency.

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New selective licensing schemes in Leicester and London Borough of Greenwich will commence in October

Private rented sector selective licensing of residential properties continues apace with new licensing schemes set to start in Greenwich, London, on 1st October and in Leicester (which we reported on in July) on 10th October.

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Oxford property management company that operated unlicensed HMO to pay rent repayment order of £84,877 to group of 44 student tenants

The management company operated a purpose built block of student accommodation that opened in 2020 and which comprised 242 rooms in 41 cluster flats.

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Government to make it illegal for landlords using "bills included" tenancies not to pass on £400 energy rebate to tenants

It has been announced that the Government will make it a legal obligation for landlords of private rented properties where utility bills are included in the rent to pass on the cost of living crisis £400 energy bills rebate to their tenants.

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Does Government approval of 25 ward wide selective licensing scheme in Birmingham suggest rental reform may not lead to scrapping of private rented sector licensing?

A new 5 year selective licensing scheme covering all private rented properties across 25 city wards in Birmingham, with landlord fees set at £700 per 5 year licence, has been given the green light by the Government.

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Greenpeace analysis shows home energy efficiency upgrades could increase national GDP by £6.8 billion and create 138,400 new jobs by 2030 with the right Govt policies

The research was carried out for Greenpeace by Cambridge Econometrics and focuses on insulation of residential properties and the installation of heat pumps taking into account 2022 energy prices and their knock on effects for households including in the private rented sector.

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Former head of the Civil Service, Sir Bob Kerslake, urges Government to bring back Covid pandemic eviction ban during cost of living crisis and to unfreeze the benefits cap

The former Civil Service chief, who now chairs the Kerslake Commission on Homelessness and Rough Sleeping, reportedly said of the knock on effects of the cost of living crisis that "this could .... become a homelessness crisis as well as an economic crisis and the results could be catastrophic" and that all the achievements in reducing street homelessness during the pandemic would be undone.

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Private rented sector landlords exiting the market are offering tenants first refusal to buy as largest UK private landlord sees record rental growth say reports

The buy to let market is undergoing "a profound transformation" Imran Hussain of Harmony Financial Services is quoted as saying. Lewis Shaw of Shaw Financial Services says that "Increasingly, amateur landlords are calling it a day .... they can ask agents whet the market value of a property is and then sell directly to the tenants to avoid any agent's fees."

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Private rented sector landlords "feel let down by Government" says NRLA after surveying 3,500 landlords

Immediately after publication of the Govt white paper on rental reform in England the National Residential Landlord Association surveyed 3,500 landlords and says the results show that "Almost 90% of landlords feel the .... white paper .... demonstrates an anti-landlord agenda."

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London borough doesn't quite win Fit & Proper Person appeal case

In an appeal, before the Upper Tier Tribunal, by Waltham Forest Council against a First Tier Tribunal ruling on a negative Fit & Proper Person (to hold a selective licence or HMO licence) decision made by the Council, the Council has only partly won it's appeal.

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Harry Ulaeto

In a time of greater regulation selective licensing can help a landlord protect their investment and reduce legal risk

Yes! It can be taken as read that the above premise will cause, at best, raised eyebrows amongst (a great) many in the landlord and managing agent community but, bear with us.

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Local Government Association calls on central Govt to work with councils to engage with private rented sector landlords and tenants on energy efficiency retrofitting and transition to heat pumps

The LGA has, in a consultation response to a Government draft National Air Pollution Control Programme, again raised concerns about funding of Local Authority regulatory services and the shortage of skilled council officers.

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NRLA responds to Conservative MP Natalie Elphicke's call for a 2 year rent freeze in England's private rented sector during the cost of living crisis

The National Residential Landlords Association has raised concerns over the call made by Natalie Elphicke MP for a 2 year private rented sector rent freeze In England in an article that she wrote for the Conservative Home website.

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Lack of coherent energy efficiency plan leaves gaping hole in measures to deal with household energy costs suggests Institute for Government

If in England we don't have a proper home insulation and energy efficiency upgrade plan then, effectively, the money about to be thrown at the energy price freeze by the new Govt may not actually count for much in the long term says new analysis.

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Northern Housing Consortium says quality of private rented sector in Yorkshire is the worst in the country

A report by the Northern Housing Consortium (NHC) has shown that 37.6% of private rented sector homes in Yorkshire are non-decent whilst the national average is 22% nationally and the average across the North as a whole is 30%. This at a time when Yorkshire is the region most heavily dependent on the PRS for housing provision.

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As new Sec' of State announced for Levelling up and Housing Department in England, Scotland brings in private rented sector rent freeze and calls are made for a rent freeze in England

Simon Clarke MP, previously a minister for Local Government has been made Secretary of State at the Department for Levelling Up, Housing and Communities in new Prime Minister Liz Truss's new Cabinet.

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Local Govt Association and the NRLA respond to announcement of consultation on private rented sector decent homes standard - LGA calls for stronger selective licensing powers for councils, NRLA calls for better enforcement against rogue landlords

The LGA has responded to the Government's launch of the public consultation on a decent homes standard for the private rented sector.

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Landlord guilty of property licence fraud gets £35,000 confiscation order, 22 month suspended prison sentence, 200 hours community service and must pay council legal costs of £5902

A Judge has told a landlord prosecuted by Waltham Forest council for property licence application fraud that "the only thing you are sorry for is you've been caught."

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Govt launches consultation on decent homes standard for the private rented sector

The Dept' for levelling up, housing and communities has launched its public consultation on the proposed new decent homes standard for homes in the private rented sector. The consultation runs from 2nd September to 14th October 2022.

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New report says cold homes and fuel poverty have "profound impact" on whole life health and mortality rates and energy crisis could lead to significant UK humanitarian crisis

A new (August 2022) report by experts at the UCL Institute of Health Equity says that the inability of 55% of the UK population to properly heat their homes during the cost of living crisis will have a deep and lasting impact on health outcomes across the country - especially for children and the elderly.

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