The Private Rented Sector - Your Views Needed

Decent and Safe Homes (DASH) were asked by The Government Office for the East Midlands (GOEM) and Communities for Local Government (CLG) to carry out some research into the Private Rented Sector (PRS) in the East Midlands. A report into the impact of Local Housing Allowance has already been prepared by DASH and is attached for your information, however, to enable DASH to complete their research, we asked you to complete and return the questionnaire below. DASH have now completed their research and a copy of their findings is now available, please see documents below.

Landlord Information

Below are details and information relating to your responsibilities as a Landlord, such as repairs, health and safety and licensing. If you have any questions or would like to speak to someone in more detail, please contact us using the methods given at the bottom of the page.

Repairs

Under the Landlord and Tenant Act 1985, as a landlord you are responsible for repairs to:

• The structure and exterior of the property
• Sanitary installations (including baths, showers and sinks)
• Heating and hot water installations
• If you are renting out a flat or maisonette, other parts of the building or installations in it which you own or control and whose disrepair would affect your tenant.

Responsibility for other repairs depends on what you have agreed with the tenant. You are not responsible for repairing damage caused by the tenant. The rent you can charge can include a sum to cover the cost of repairs .You cannot pass the costs on to the tenant in the form of a separate service charge.

Safety of gas and electrical appliances

Gas safety in Great Britain is changing:

what does this mean for you? There will be a new gas registration scheme from 1 April 2009 in England, Scotland and Wales (Great Britain). The new scheme, Gas Safe Register™ is delivered under an agreement with the Health and Safety Executive (HSE) and replaces the CORGI gas register which ends on 31 March.

In relation to domestic gas under the Gas Safety (Installation and Use) Regulations 1998, landlords’ legal duties apply to a wide range of accommodation, including residential premises provided for rent by private landlords, local authorities, housing associations, housing co-operatives, and hostels. 

It remains a legal requirement for all landlords to have an annual safety check on all gas appliances and flues provided in a rental property. However, from 1 April 2009 a Gas Safe registered engineer, not a CORGI installer, must carry out the safety check.

If you let any properties of this kind, you must now make sure that pipe work, appliances and flues provided for tenants are maintained in a safe condition and subject to an annual safety check carried out only by a Gas Safe registered engineer.

In all cases, all gas equipment (including any appliance left by a previous tenant) must be certified as safe or otherwise removed before re-letting. A record of safety checks must be provided to the tenant within 28 days of completing the check, or to each new tenant before they move in. You must also keep a copy of the safety check record for two years.

Gas Safety Certificate 

The ‘Landlord Gas Safety Record’ is often referred to as a ‘Gas Safety Certificate’ or ‘CP12’ form. It is quite acceptable to continue to use this style of certificate – even if it has a CORGI logo or the word CORGI on it. There is no requirement for new paperwork. The important change after 1st April 2009 is to have a check carried out by a Gas Safe registered engineer. 

It shouldn’t cost you more to get appliances checked and maintained under the new scheme; the cost of registration is only a small element of the bill you pay. As a minimum, the record of a gas safety check must contain the following information:

· a description of and the location of each appliance or flue checked

· the name, registration number and signature of the individual carrying out the check

· the date on which the appliance or flue was checked· the address of the property at which the appliance or flue is installed

· the name and address of the landlord (or his agent where appropriate)

· any defect identified and any remedial action taken· a statement confirming that the safety check completed complies with the requirements of the Gas Safety (Installation and Use) Regulations 1998

All existing gas safety records will be valid until their expiry date (even if that date is later than 1st April 2009). Any gas safety record given to you after 1st April 2009 will only be valid if the engineer is on the Gas Safe Register. There is no dual running of the schemes. CORGI will operate the registration scheme in GB until 31 March 2009 and Gas Safe Register will start on 1 April 2009.

For more information visit the Gas safe website https://www.gassaferegister.co.uk/

You should ensure that the electrical system and any electrical appliances that are supplied with the property, such as cookers or washing machines and immersion heaters are safe to use.

You may find the following links useful:

Fire safety of furniture and furnishings

You must ensure that any furniture and furnishings you supply meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (PDF). The regulations set levels of fire resistance for domestic upholstered furniture. All new and second hand furniture provided in accommodation that is let for the first time, or replacement furniture in existing let accommodation, must meet the fire resistance requirements unless it was made before 1950. Most furniture will have a manufacturer's label on it saying if it meets the requirements.

If you are letting your own property on a temporary basis whilst, for example, you are working away from home, you do not have to meet these regulations.

The Regulations apply if the let is for a longer period or for a series of lets, where the property is not regarded as your home. If you are not sure whether the regulations apply to you, seek advice from the Trading Standards Department of Leicestershire County Council.

The Housing Health and Safety Rating System (HHSRS)

The Health and Safety Rating System replaces the Housing Fitness Standard and came into force on the 6th April 2006 (under the Housing Act 2004). Please see the following links for more detailed information:

Carbon Monoxide

Accidental exposure to carbon monoxide kills more than 50 people each year in England and Wales. It is a poisonous gas that you can’t see, taste or smell and is released when a carbon-containing fuel – such as gas, oil, coal, coke, petrol or wood – doesn’t burn fully because there is not enough air available. Incorrectly installed, poorly maintained or poorly ventilated room or water heaters, fires or cookers, are the main sources.

Headaches, tiredness, difficulty thinking clearly and feeling sick are common symptoms. Young people’s academic work may deteriorate. If you suffer from these symptoms and think they could be caused by carbon monoxide, turn of all your cooking and room- or water- heating appliances that use fuel other than electricity. Open the windows in the room and other parts of your home to let in fresh air and move outside. See a doctor at once and call a suitably qualified engineer to check all your cooking and room- or water- heating appliances.

Houses in Multiple Occupation (HMOs)

The definitions and law changed in respect of HMOs on the 6th April 2006 (under the Housing Act 2004). Houses which are occupied by people who do not live as a single household e.g. bedsits or shared houses with shared facilities, or high risk self contained flats are all part of a new definition of an HMO. You may find the guidelines provided on the CLG website helpful. For more detailed information on HMOs, you may also find the DASH (Decent and Safe Homes)website useful. For information on licenseable HMO's, or the amenity standards only, please follow the links below

All HMO's, whether licensable or not, must comply with the HMO Management Regulations.

You may also find the CLG Guide for Landlords and Managers on Licensing Houses in Multiple Occupation useful.

The change in legislation means that some HMOs will be licensable. At present, Charnwood Borough Council will only be licensing mandatory licensable properties that are:

• Three or more storeys high and
• Have five or more occupants in more than one household and
• Share amenities such as kitchens and bathrooms.

If you are unsure as to whether your property meets the above criteria please fill in the pre evaluation form and return it to the address shown on the form:

Each property that meets the above conditions will require a licence as from of the 6th April 2006. An application form must be completed for each property - see below for details of how to obtain licence forms/s.

Once your form/s have been received by the Council,together with any supporting documentation (i.e. proof of EMLAS Accreditation – for more details please see the Councils EMLAS site or visit EMLAS direct) you will be notified of the amount of the licence fee that must be paid in relation to your application(s) (a breakdown of the charges set by Charnwood Borough Council is listed below).

Basic Licence Fee	£500.00
Multiple Properties with the same proposed licence holder.	£500.00 for first property then £390.00 per property thereafter
Properties accredited by EMLAS	£390.00
Multiple EMLAS accredited properties with the same proposed licence holder	£390.00 for first property then £280.00 per property thereafter
Property with more than 6 letable rooms	One of the above charges, plus £10.00 per additional room
Variation on existing licence (eg change in ownership)	£110.00.

Please note that failure to apply for a licence for a licenseable HMO to Charnwood Borough Council could result in financial penalties and in extreme cases prosecution and a fine of up to £20,000.
Landlords also have a responsibility to inform us if any of the properties change usage or become licenseable after July 2006 (for example, you may have converted a loft space for habitation)

For an application form, please contact the Private Housing Section (contact details given below) Alternatively, you can download a blank document . If you need assistance in completing the application form, please select the link below.

Licenced HMO - Public Register

To view the public register of all licenced HMOs in the borough, click on the link below. This list will be updated regularly when new licences are issued.Please also see the guidance notes for information relating to overall conditions for licenced HMOs within Charnwood.

Please note that some information has not been included at this time (breakdown of living areas etc) . This information will be added when the full HHSRS inspections are carried out.

HMO's and Council Tax

The definition of an House in Multiple Occupation varies between Housing and Council Tax. Please click on the link below for more information

Council Tax Information

Tenancy Agreements

There are two types of tenancy agreement that you can issue as a landlord – assured and assured shorthold. If you let on a shorthold basis, you can regain possession of your property six months after the beginning of the tenancy agreement, provided that two months notice is given to the tenants

If you let on an assured tenancy, your tenant has the right to remain in the property unless you can prove to the court that you have grounds for possession. You do not have an automatic right to repossess the property when the tenancy comes to an end.
For more advice on providing tenancy agreements, setting rent or general advice on this issue, you may find the following links useful:

Decent and Safe Homes - East Midlands

Decent and Safe Homes (DASH) East Midlands is a project funded by the Government Office of the East Midlands. They work with landlords, tenants and Local Authorities to raise standards in housing.
They are an East Midlands Regional Partnership Project sponsored by the 3 cities of Derby, Leicester and Nottingham. DASH has been formed to help with the introduction of the Housing Act 2004 which will create a fairer and better housing market for all those who own, rent or let residential property while protecting those most vulnerable.

Visit their site and benefit from free Downloads on various subjects including The HHSRS, fire safety risk assessment and electrical safety.

Free training for Landlords and Agents is also provided by DASH . Please click on the links below to see what courses are currently available. They can also be contacted on 01332 256409.

EMLAS Accreditation

EMLAS is the new East Midlands Landlord Accreditation Scheme. For more information, please visit the EMLAS website

Landlord Training - As a member of EMLAS you could receive FREE training. As part of The East Midlands Landlord Accreditation Scheme (EMLAS) we have recently set up a number of training courses for Landlords and agents around the East Midlands which I think you may be interested in.

• The training is free to all landlords who are members of EMLAS
• If you apply for membership of EMLAS before April 2009, there is no charge
• There are sessions of each course taking place in Nottingham, Derby, Leicester, Northampton and Lincoln
• Full day Landlord Development training – everything a landlord should know about a tenancy
• Half day Housing Health & Safety Rating training – identify and rate the 29 hazards
• Further information about the EMLAS Scheme can be found at www.emlas.org.u
• Charges for non-members are £65 Landlord Development Day, £35 HHSRS

To receive this training for FREE apply to EMLAS on-line now

EMPO

In addition DASH offering training and advice to landlords, East Midlands Property Owners Ltd also carry out training and advice. For more information please visit their website.

Landlord Energy Savings Allowance

Although the Landlords Energy Savings Allowance (LESA) was introduced over two years ago, it has recently undergone some changes.

In the recent Budget Statement, further additions were made to help landlords ensure that their properties are energy efficient. The LESA will now include works such as insulation for walls, lofts and hot water systems and draught proofing. The allowance for energy efficiency is currently set at £1500.00 per property and can be claimed back as an expenditure on your self assessment tax form.

For more information on LESA, you should contact your local Inland Revenue Tax Office or HM Revenues & Customs.

You may also find the following website useful:

Code of Practice.

The code applies to all providers of housing and related services in England,
whether in the public, private, or community and voluntary sectors including
landlords. It is also relevant to users of housing, and services related to housing. This means the code will be useful to anyone involved in housing, as well as to those who make decisions
about providing housing, opportunities for housing and services related to
housing, including developers, tenants and residents

Contact Details

For general information on the licensing process, please click on the link below.

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