Houses in Multiple Occupation -Legislation Day 8

We thought it would be useful to provide a quick summary of upcoming Government legislation  for HMO’s in 2018 which will affect landlords.

Houses in Multiple Occupation and Residential Property Licensing Reforms – date to be announced

It is proposed that any property with 5 or more occupiers and all those occupiers who are not related to one another will require a HMO licence.

 

 

 

 

 

Current legislation states – there would need to be 3 storeys in addition to the 5 or more occupiers to require a licence.

I think that a minimum room size will also be introduced, watch this space…..

If you are a landlord or thinking of becoming one for the first time and you want to read more articles like this about the Tamworth Property Market, together with regular postings on what I consider the best buy to let deals in Tamworth (out of the many of properties on the market, irrespective of which agent is selling it) then feel free to get in touch!

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Government Legistlation on Tamworth Landlords – Day 7

The  Deregulation Act 2015 – 1 October 2018  which is being debated in parliament could hugely improve the lives of many renters in England.

Latest news on the Homes  (Fitness for Human Habitation and Liability for Housing Standards) Bill 2017-19

The House of Commons voted for the Bill to be sent to a Public Bill Committee, they will scrutinise the Bill  – date to be announced.

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What laws are changing which will affect Tamworth landlords? – Day 6

With more and more people moving into rented accommodation, the government has put into law better protection for tenants. The law also provides landlords greater clarification on their responsibilities.

Deregulation Act 2015 – 1 October 2018 – Day 6 

The provisions as outlined below that came into effect for England on 1 October 2015 will apply to all tenancies from 1 October 2018 and not just new tenancies or renewals:

  • Requirement to have given an EPC in order to serve section 21 notice
  • Requirement to have given a gas safety record in order to serve Section 21 notice (no fault)
  • Government introduced a new standard form that landlords must use when evicting a tenant under the ‘no fault’ (section 21) procedure (form 6A)
  • No longer need to expire section 21 “after last day of a period”
  • Section 21 cannot be served for first four months and can no longer be used from six months after service
  • Apportioned rent rules after service of section 21 notice
  • Retaliatory eviction provisions

Note that the providing of the How to Rent Guide is excluded from the list and is not required for tenancies before 1 October 2015 unless renewed after.

 

Confused ?

confused
confused

 

Call us at Hall and Thompson (01827 425195) – Tamworth  if you’d like some extra  information on letting your property. Thanks

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Government Legislation for Tamworth Landlords – Day 5

In December 2015 the process of agreeing a new set of legislation ensuring the rights of EU residents  was completed. This was approved in 2016 and becomes enforceable on the 25th May 2018.

So to make it clear, significant changes are being made to the Data Protection rules.

GDPR

Day 5 – General Data Protection Regulations (GDPR)

This new legislation is designed to enable individuals to better control their personal data.

The changes will require you to audit what information about people you hold, what you do with it and how long it is retained.

Any processing of data based upon consent will significantly change and any consents obtained will need to be granular and opt-in.

What is “Personal Data”?

“Personal data” is defined in both the Directive and the GDPR as any information relating to an person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, economic, cultural or social identity of that person.

So in many cases online identifiers including IP address, cookies and so forth will now be regarded as personal data if they can be (or are capable of being) without undue effort linked back to the data subject.

To be clear there is no distinction between personal data about individuals in their private, public or work roles – the person is the person.

This new legislation is a minefield so I would recommend Landlords start to look at the data they hold.

More information can can be found on the Information Commissioners Office website

 https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/

 

Take a look at our other online resources, below.

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Don’t forget to visit the links below to view back dated deals and Tamworth Property News.  https://www.tamworthpropertyblog.co.uk

 

Amendment to Tamworth Landlords Regulations – Day 4

From 1st  or 6th April 2018 (conflicting dates  information) there is some good news for landlords.

gas man

Day 4 –  Gas Safety (installation and use)

A landlord will be able to have a gas safety record completed up to 2 months before the gas certificate date expires. Once completed the following record will not need to be from 12 months of the last check but instead the deadline date will remain for the following year. This allows landlords to get gas safety records completed up to two months earlier and not be penalised.

More information about this and the other changes being made can also be found on the HSE website.

Don’t Forget you can keep up to date with all our articles on the Tamworth property Market here. https://www.tamworthpropertyblog.co.uk

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Tamworth Landlords Legislation for 2018 – Day 3

The news is currently full of government legislation for renting out residential properties and raising standards.

Day 3  – Energy Performance Certificates 

From 1st April 2018 there are minimum energy level regulations (MEES), any building which is to be rented on a new tenancy or a renewal, must have a minimum energy rating of “E”.

Energy performance certificate
EPC

Furthermore from 1 April 2020, the minimum level “E” applies to all tenancies, including existing.

There are a number of exemptions available and if one of those exemptions apply, the property must be registered on the National PRS Exemptions Register.

All residential properties require an EPC certificate if they are being sold or let, if you need one completed, please get in touch.

Hall and Thompson are still conducting viewings and letting properties. Please phone 01827 425195 if you are looking for a property. Almost fully booked for today but still have availability for tomorrow.

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Legislation the Government has planned for 2018 with Tamworth Landlords – day 2

You can make property management a lot easier if you know the legislation and adhere to it.  Today’s will ensure that if you need to serve a section 21 and have provided the “Right to Rent Guide” you have a better chance of having the S21 validated.

paperwork

Day 2  – How to Rent Guide

The Ministry of Housing, Communities & Local Government (MHCLG) has published a new “How to Rent guide”.

This booklet must be provided to assured shorthold tenants whose tenancy started or was renewed from 17 January 2018 onwards.

Thinking of Selling your property now or in the near future? Maybe you’re a landlord with property to Rent?

Contact us NOW for a FREE Valuation and find out what Hall and Thompson Estate Agents can do for you.

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Landlord Legislation the Government has planned for 2018

This year  2018 will be a busy year for legislation if you are a landlord.

So over the 12 days we will be giving you a daily outline of the upcoming legislation. Some of the legislation is in the pipeline and  may not come into force until next year, however it’s good to be aware.

no surcharge

Day 1 – Electronic payment charges

From 13 January 2018 a landlord or agent for that matter, can no longer add a surcharge when taking electronic payments  from your tenants i.e Paypal, credit, debit card or mobile phone payments.

 

Can’t find a Tamworth buy to let deal? Visit the Tamworth Property Blog at www.tamworthpropertyblog.co.uk where I am finding some gems.

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The Do’s and Don’ts with Carbon Monoxide – what Tamworth Landlords need to know

Landlords are being urged to step up and ensure that all rented properties and accommodation meet recent laws relating to carbon monoxide alarms.The legislation, which came into effect in Autumn 2015, states that smoke alarms must be installed on every floor of a property and be tested ahead of any new tenancy, with carbon monoxide alarms placed in every room containing a solid-fuel burning appliance, including wood burners and open fires.However, a survey we carried out identified that only 6% of students are aware that their digs is likely to need a CO alarm whilst only a third (32%) of student accommodation is believed to have a working CO alarm.To stop students being at risk from the ‘silent killer’, landlords and letting agents are being reminded of their obligations to install lifesaving detectors.Servicing of appliances and alarms should also be high on the agenda as new tenants move in, as well as the installation of alarms.Our survey discovered that just one in eight people in rented accommodation were aware of a landlord’s duty to provide a carbon monoxide alarm in rooms with a solid-fuel burning appliance in their properties. This contrasts with the overwhelming four in five people who are aware that a smoke alarm must be provided.

Renters were also shown in the poll to be unaware of a landlord’s responsibility to provide an up to date gas safety certificate. Only four in 10 had asked for this when moving into rented accommodation.

Our research also reveals a worrying lack of knowledge among the public of how to detect CO, the so-called ‘silent killer’.

When asked how you would know the gas is present, 28% of people believe you can smell it, 8% think you can taste it, 6% answered see it, 2% insist you can hear it, while 1% of those asked reckon you are able to touch it.

Key indicators that carbon monoxide is present in your property and things to warn your tenants to look out for are: if the cooker flames are yellow or orange, sooty marks on walls around boilers, stoves or gas fire covers, pilot lights that frequently go out or there is increased condensation inside windows.

Carbon monoxide myth-busters

True or False: It is possible to smell carbon monoxide being emitted in the home.

Answer: False. Carbon monoxide is both colourless and odourless so is almost impossible to detect without an alarm.

True or False: Carbon monoxide poisoning is extremely difficult to diagnose.

Answer: True. The symptoms of carbon monoxide poisoning are similar to that of flu so it makes diagnosis very difficult. They include; headaches, nausea, dizziness, tiredness, confusion and eventually loss of consciousness.

Currently, GPs don’t all have access to equipment to check carbon monoxide levels and the only way to the presence of carbon monoxide is with a blood test. Some 46% of GPs have seen patients with carbon monoxide poisoning symptoms but only 18% say that they wouldn’t consider CO poisoning as a diagnosis. Find out more about the symptoms of CO here.

True or False: Carbon monoxide won’t leak if I have new gas appliances or if I have my appliances serviced regularly.

Answer: False. Although having brand new gas appliances, such as a new hob or boiler, will significantly reduce the chances of them leaking carbon monoxide it doesn’t rule them out.

CO can be emitted from appliances new or old and if you’re worried you should see your GP. Regular servicing of your gas appliances is the best way to reduce the risk of your property being subject to a CO leak and having an alarm fitted is the best way of detecting if and when something has gone wrong.

True or False: Carbon Monoxide can only leak from my boiler.

Answer: False. Carbon Monoxide can leak from any gas appliance in your property. This could include an oven, gas fire, or a boiler.

CO is produced when there is not enough oxygen to form carbon dioxide. For example, when a flame is burnt in a poorly ventilated space. This is why it is extremely dangerous to barbecue in a tent as there is often too little oxygen for carbon dioxide to be produced and so carbon monoxide is released instead.

One of the main things to look out for in your property are if flames on gas appliances burn a yellow or orange colour rather than blue as this could mean that they are not burning properly.

For a more information on how you can keep your tenants safe from the dangers of Carbon Monoxide, visit this webpage.

Article courtesy of Estate Agent Today 

Repair/Replacement of White Goods for Tamworth Landlords

We are often asked  “who is responsible for the repair or replacement of White Goods supplied by a landlord at the start of  a tenancy?”

What are “White Goods?”

white goods
white goods

White goods are washing machines, fridge-freezers, tumble dryers and dishwashers, all traditionally coloured white.

 

There is no statutory duty on the  landlord to repair/replace white goods, however, there may be a contractual obligation on either party. If a provision has been included in the tenancy agreement, this will have to be taken into consideration.

Legal
Section 11 of the Landlord and Tenant Act sets out a landlord’s repairing obligations during a tenancy. So where the landlord has supplied White Goods, are they responsible for the repair if they break down? The act does not specifically mention White Goods,  thus not making  landlords responsible.

But, any electrical appliances that are supplied by the landlord must be safe pursuant to the Electrical Equipment (Safety) Regulations 1994. Where they have been supplied they must be of a reasonable standard.

Decide who is to take responsibility to repair/replace  White Goods  and include a comprehensive provision within the tenancy agreement.

Prior to a tenancy commencing, ensure that tenants are fully aware of any provisions made in the tenancy agreement. The last thing you want is a tenant later being advised they have to fork out for White Good repairs!

 

If the Tamworth Property Market interests you then you may enjoy the articles on the Tamworth Property Blog at http://www.tamworthpropertyblog.com.

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