Tag Archives: legal
UK home owners should be aware of new building safety rules
New Construction Design and Management (CDM) regulations due to come into force in the UK next month could affect the sale of a property if any renovation or other work is carried out by a builder who does not comply with the rules. The CDM legislation which to reduce accidents during construction projects also specifies legal requirements on site safety standards that cover work including that carried out for home owners who live in the property after work has been completed. Louise Hosking, managing director of health and safety environmental specialists Hosking Associates, pointed out that the legislation recognises that large construction sites are no longer where most people are being badly injured or killed, and as a result focus is shifting to smaller projects including those within the domestic sector. ‘The way a building project is organised can reduce risks to workers significantly. It is imperative that everyone involved including architects, engineers, builders and the homeowner, work together to meet the new standards,’ she said. She also pointed out that the Health and Safety Executive (HSE) commissioned a report last year that showed very few home owners consider safety when they choose their contractor and this may have to change. ‘For some projects a health and safety file, which outlines how the work was undertaken and what was installed, will be required at the end of the work and if this isn’t provided it could affect the future sale of the property,’ she added. Under the rules, from 06 April all builders, whatever their size, working in the domestic sector, will have to create a construction phase safety plan for all building projects and all domestic projects will have to meet the same basic standards for the provision of welfare facilities as commercial projects. Any domestic projects finishing after 06 April where there has been more than one contractor must have a health and safety file presented at the end which is in effect a handover pack that should include ‘as built’ drawings or specifications of components that have been installed. Conveyancing solicitors are likely to request this when property is bought and sold. For home owners, CDM duties are passed to the contractor where there is only one or the principal contractor for more than one. Where there is more than one contractor, a principal designer must also be appointed and they coordinate all matters relating to health and safety. Also, if the principal designer changes or is not engaged to the end, the responsibility for the file moves on and may rest finally with the principal contractor and the principal contractor is responsible for operational site safety and passing information to the principal designer for the health and safety file. ‘I would anticipate the HSE will start visiting home improvement sites more routinely and it will probably focus on the provision of welfare facilities and safe working practices… Continue reading
Research shows some UK tenants resort to paying for repairs
Some two thirds of tenants in the UK have had to dip into their own pockets to fund repairs because they could not wait for the landlord any longer, it is claimed. A new study shows that 55% of tenants spent up to £50 to sort out a repair and that half of tenants would like landlords to deal with repairs quicker. Two thirds of tenants say that it takes their landlord too long to respond to emails and calls about problems. The research from online agents Property Let By Us also reveals that just a third of tenants would rather deal with a landlord than a letting agent and one in six tenants have experienced bad landlords in the past. However, over 80% say their landlord is approachable and friendly and only 12% of tenants claim their landlord has made promises that he/she could not keep. The recent case of Edwards v Kumarasamy, highlights the legal responsibility that landlords have under the statutory requirements of Landlords Repairing Obligations, part of the Landlord & Tenant Act. Edwards was a tenant renting a flat from Kumarasamy. This case features his claim for compensation, when he tripped on an uneven paving slab on the outside path to the parking and communal bins area. A new Court of Appeal held that as the landlord had a right to use the path under his lease from the freeholder, he had a sufficient ‘estate or interest’ in the area to satisfy section 11 and so was liable for the repair. It means that landlords and agents doing inspections need to monitor the exterior areas of properties to ensure that they are safe and that any necessary repairs are done promptly. ‘There are many professional landlords in the buy to let market that are responsive to tenant communications about problems and issues. However, there are a few bad landlords that neglect their tenants and put lives at risk,’ said Jane Morris, managing director of Property Let By Us. ‘Every landlord has a duty of care and should respond to tenants emails and calls with 24 hours if possible. While it may not be possible to deal with repairs immediately, it is important that landlords maintain open communications with their tenants, so they can provide updates on timing etc. Communication is key and the landlord should keep the tenant informed of the action,’ she explained. The research shows that the most common cause of complaints are faulty boilers followed by leaking roofs, faulty showers, mould and condensation, leaking bathroom and window locks, broken windows, smoke alarms and pests and vermin. ‘Some of these can be very dangerous for the tenants, so it imperative that landlords carry out repairs to their properties within a reasonable time,’ added Morris. Property Let By Us has put together some guidelines on landlord response times for tenant complaints…. Continue reading
Proposals published on improvements for buyer and seller protection in Scotland
The Law Society of Scotland has published a report following an independent review of consumer protections for people buying and selling property in Scotland. The review, by former Sheriff Principal Edward Bowen, examined the current consumer protections in place as well as conveyancing practice and the existing legal framework. It followed high profile and complex cases in Aberdeenshire and West Lothian where clients were left without proper title to land bought through residential property transactions. The Law Society provides a number of consumer protections for people using Scottish solicitors. This includes its Guarantee Fund, a fund of last resort which seeks to compensate clients who are the victims of a solicitor’s dishonesty. The Society also arranges for the Master Policy, a single policy of professional indemnity insurance, to ensure firms are covered for cases involving negligence. Bowen concluded that the cases in Aberdeen and West Lothian arose for very different reasons and were highly complex and unusual, and did not suggest a fundamental problem with conveyancing practice. His report makes a number of recommendations, including consideration of the widening of the scope of the Guarantee Fund, and a possible change to the name of the fund to avoid confusion. Some changes would be likely to require changes to the legislation governing the fund. It also recommends amending the guidelines for discretionary powers for the Guarantee Fund to provide discretionary assistance in restricting continuing losses in certain circumstances and the possible introduction of a new system of protection for purchasers of newly constructed houses to protect from insolvency. This would have to be brought forward by Scottish Ministers. ‘We have an important duty to protect the interests of the consumers of legal services, a responsibility which we take extremely seriously. The vast majority of Scottish solicitors provide an excellent service for their clients, but we need to ensure that we have a robust set of consumer protections to help clients in those very few occasions when things go wrong,’ said president of the Law Society of Scotland, Alistair Morris. ‘These difficult and very complicated conveyancing cases in West Lothian and Aberdeenshire left some questioning if the existing protections are sufficient. That is why we commissioned an independent review to look at the issues arising from these cases, current conveyancing practice and existing Scots law, to see what lessons can be learned for the future,’ he explained. ‘Overall, the report provides reassurance that there are no fundamental or underlying problems with Scots property law and solicitors’ conveyancing practice. It is notable that Sheriff Principal Bowen has concluded that the cases in Aberdeen and West Lothian arose for very different reasons and were highly complex and unusual,’ he added. He also pointed out that these findings are reassuring for both the legal profession and members of the public who rely on the knowledge and expertise of their solicitor when buying a new home. ‘We fully appreciate however, that it does not provide much comfort for the people… Continue reading
