Tag Archives: action
UK govt to crackdown further on rogue landlords
A new £5 million fund for councils is being made available by the UK government to stop rogue landlords who let out substandard homes and make tenants’ lives a misery, it has been announced. The worst affected councils which have a large proportion of private rented stock in their areas and significant problems will be able to bid for a share of the fund to tackle irresponsible landlords who provide unsafe living conditions, exploit innocent tenants and blight communities. The fund will also target ‘beds in sheds’ which are often rented to vulnerable migrants by ruthless landlords who charge them extortionate rents to live in cramped conditions. Councils can use the money to increase inspections of property, carry out more raids, initiate more enforcement action and prosecutions, and demolish sheds and buildings that are prohibited. ‘We’re determined to keep the country building and increase the supply of good quality homes that families want, both to buy and for rent. Key to this is rooting out the minority of landlords in the private rented sector that let out poorly maintained and unsafe properties to vulnerable tenants, making their lives a misery,’ said Communities Secretary Greg Clark. ‘Council led efforts mean more than 3,000 landlords have faced enforcement action and even prosecution in the last two years. This £5 million funding, combined with the extra powers we’re bringing forward, will help them go even further,’ he added. Housing Minister Brandon Lewis pointed out that while the majority of tenants are happy with their home, the private rental sector is still afflicted by too many rogues who rent dangerous, dirty and overcrowded properties without a thought for the welfare of their tenants. ‘That’s why we are inviting the worst affected councils to come forward and apply for extra funding, so they can root out the cowboys and rogue operators. The government is determined to crack down on rogue landlords and this funding, alongside measures in the Housing and Planning Bill, will further strengthen councils’ powers to tackle poor quality privately rented homes in their area,’ he explained. There are more than 4.4 million households renting privately and since 2013 nearly 40,000 inspections have taken place in properties, with more than 3,000 landlords now facing further enforcement action or prosecution. ‘The measures will not hamper the vast majority of landlords who are diligent and responsible. They avoid strangling the industry in red tape which would deter investment, increase rent and reduce choice for tenants,’ added Lewis. Additional measures being taken forward in the Housing and Planning Bill include seeking banning orders for the most prolific and serious rogue landlords, issuing penalty notices of up to £5,000 for breaches, a new process for abandoned tenancies, which would allow a landlord to recover the home without the need to go to court and creating a database of rogue landlords and letting agents. According to Landlord Action, which has been part of Government think tank on buy to let legislation, is backing… Continue reading
UK landlords advised not to be swayed by misinterpretation of legionella testing
Some consultants and letting agents in the UK are misinterpreting landlord’s responsibilities regarding legionella risks to their tenants, it is claimed. According to the Health and Safety Executive (HSE) they are using the revised L8 ACOP to suggest that new legislation has been imposed on landlords of domestic rented properties in relation to assessing and controlling the risks of exposure to Legionella bacteria of their tenants. ‘This is wrong, the legislation has not been changed and any misinterpretation or misunderstanding can impose unnecessary financial burdens on landlords where they are being charged for legionella testing and certificates they don’t actually need,’ said a HSE spokesman. He pointed out that whilst there is a legal duty for landlords to assess and control the risk of exposure to legionella bacteria, Health and Safety law does not require landlords to produce a Legionnaires testing certificate. ‘Legionella testing or sampling is generally not required in domestic hot and cold water systems and then only in exceptional circumstances,’ the spokesman pointed out. ‘Misinterpretation of the legal requirements by some consultants and letting agents about landlords responsibilities to manage and control legionella in domestic premises may result in unnecessary financial burdens being placed on landlords and tenants,’ he added. The HSE has produced free practical guidance for landlords available to on its website on how to manage and control the risks in your system. The spokesman said that following the guidance is not compulsory and landlords are free to take other action, but if they do follow the guidance they will normally be doing enough to comply with the law. The guidance says that simple control measures can help control the risk of exposure to legionella such as flushing out the system prior to letting the property and avoiding debris getting into the system by making sure that cold water tanks, where fitted, have a tight fitting lid. It also says that tenants should be advised of any control measures put in place that should be maintained, for example not to adjust the temperature setting of the calorifier, to regularly clean showerheads and to inform the landlord if the hot water is not heating properly or there are any other problems with the system so that appropriate action can be taken. When it comes to showers in most domestic settings the risks are reduced by regular use but in any case, tenants should be advised to regularly clean and disinfect showerheads. Instant electric showers pose less of a risk as they are generally cold water fed and heat only small volumes of water during operation. The guidance points out that it is important that water is not allowed to stagnate within the water system and so there should be careful management of dwellings that are vacant for extended periods such as student accommodation left empty over the summer. As a general principle, outlets on hot and cold water systems should be used at least once a week to maintain a… Continue reading
Landlords facing serious court delays on evictions due to cuts
Under resourced county courts in England are exasperated by the number of possession claims being put forward, resulting in costly delays for landlords, it is claimed. According to tenant eviction service Landlord Action it has become such a problem in the last three months that chasing up cases with the courts is now a full time role for one member of their in-house legal team. The vast majority of residential possession claims are dealt with in the county courts and enforced by county court bailiffs. However, government spending cuts, an ever growing number of possession cases which have increased around 15% on last year, are leading to overload. On top of this the firm points out that some courts are insisting that bailiffs must no longer act alone, only in pairs, and this has added to serious delays in the eviction process. ‘We are forever chasing courts for updates on possession orders, Notice of Issues or bailiff appointments. By the courts' own admission, cases are getting overlooked, administrative errors are being made and there are simply not enough bailiffs to support the number of cases, leading to long delays,’ said Julie Herbert, head of legal at Landlord Action. This is having serious implications for landlords who are not only losing thousands of pounds in unpaid rent but racking up more legal costs the longer a case goes on. Some landlords, who are unable to meet mortgage payments as a result, even face possible repossession, in addition to the added risk of their property being left uninhabitable by current tenants, where communication has broken down. One landlord, Mr Waller, has had severe delays with his case as a result of the courts losing his claim, twice. Landlord Action finally obtained a hearing date, which took place on 24 November. ‘Our eviction case has been delayed for almost a year due to severe maladministration by the courts. Files were repeatedly lost and the inefficiency we and Landlord Action encountered was astounding,’ said Waller. ‘This has been a deeply frustrating experience for us as landlords, but an even more harrowing one for our tenant who desperately wants to be rehoused by the council and needs a court order. We're in an impossible catch 22 situation, which only the courts can resolve. The negligence and insouciance of certain individuals are quite literally destroying people's lives,’ he added. Herbert of Landlord Action said another common frustration is when a possession order has been granted and a bailiff appointment confirmed, but the tenant makes a last minute application because they have nowhere else to go. ‘The standard procedure is that a hearing has to be considered by a judge. We recently learnt that many of these applications don't even reach a judge, who would have the authority to strike out an application based on the information already provided,’ she explained. ‘Instead, the knee jerk reaction of court staff is to set down a hearing date, in which everyone is dragged to court,… Continue reading
