LANDLORDS FORUM MEETNG NOTES OF MEETING HELD ON 12 TH JUNE 2002 Introduction Marc Williams, Senior Environmental Health Officer, Wrexham County Borough Council opened the 3 rd Landlords Forum and gave an update since the Landlords Forum held in February 2002. Marc Williams advised that the amount of grant approved for sprinklers would provide sprinklers for approximately 25-30 sprinklers to be installed in Houses in Multiple Occupation. The Houses in Multiple Occupation strategy has been approved details targets to manage the service to improve Houses in Multiple Occupation. A house condition survey is due to be carried out this year in Wrexham Best Value review has taken place to improve Private Sector Housing services in Wrexham focus on publicity (existing services), information on customer needs and liasing more with partners (e.g. care and repair) First Speaker John Socha The Small Landlords Association (SLA) The Small Landlords Association is to change to National Landlords Association, it is the largest organisation of private landlords and it has 4,000 members. It started in 1973 in London with main aims to give advice and information to landlords of private properties and to protect and promote interests of Landlords or Private Rented Properties. They also ensure that the Landlords voice is heard. Landlords because of their diverse and different backgrounds were not coordinates to present themselves as a unified body. Therefore they are an easy group to target for press What does Small Landlords Association do? - Advice line practical help from landlords perspective - Newsletter (6 per annum) - Journal (4 per annum) - Low cost building insurance - Lobby central and local government
Local Branches - Meet and exchange experience - Presentations on topics of local interest - Represent Landlords views to the Council - Existing membership in the Wrexham County Borough Future Developments Law Commission review of all tenancies in Britain, main proposals: Type 1 - Registered social landlords and councils Assured longhold tenancy Type 2 - Similar to assured shorthold tenancies Advantages - tenancies commonly available (internet and stationers with standard advice) Disadvantages - preparing to increase arrears to 3 months before application for possession - subletting and assigning to be permitted - no mention of abandonment (landlord may not know if tenant is coming back and could be prosecuted for illegal conviction) Deposits Attempts to keep deposits centrally (comparable to Australia where there is a rent deposit board and vast beaurocracy!) Will cost to join rent deposit scheme (Trials in Brighton and Liverpool not very successful) Licensing - Home energy conservation bill linked to licensing scheme - Register every house with 2 or more tenants of differing names - Cost of 60 per bed space - Scotland has already attempted (cost can go to over 1000) Small Landlords Association only want it to apply to large Houses in Multiple Occupation SLA Membership 73 initially, 55 for subsequent years Advantages - need to know about changes - errors are costly, learn from others
Second Speaker Eddy Hooker Hamilton Fraser Insurance Hamilton Fraser Insurance is helping to provide low cost building insurance to small landlords and is affiliated to the Small Landlords Association for 10-12 years Household insurance schemes are only for people who own and live in their own property and not for commercial ventures. Therefore no insurance will accept a claim on a normal domestic property when it is rented accommodation. Need a commercial insurance policy. Their product is called SOLUTIONS for commercial properties. The product offers:- - Covers loss of rental income as a result of property being inhabitable through claimable damage. - Tenant damage (malicious) recommended for theft/damage by tenant or guests - Legal public liability to tenant, property owners liability injury to tenant etc. - Terrorist damage covered Insurance companies are now more landlord friendly than they used to be Hamilton Fraser Insurance will provide a discount if you are a member of Small Landlords Association Third Speaker Gary Martin Health and Safety Executive Gas safety in rented properties The Gas safety regulations duties are very limited and simple, there is not much that the Landlord has to do. The Enforcing authority regulations has made domestic health and safety issues a Health and Safety Executive responsibility. There has been press and public interest in enforcement of gas safety regulations because of a number of high profile cases and poor publicity. Landlords duties are simply:- (i) Gas safety checks and certificates required annually, and given to tenants (ii) Ensure gas appliances/flues and pipework are adequately maintained Corgi only inspect but do not service, unless instructed to do so. Landlords must do this to ensure the safety of the appliance. (iii) Duty to ensure work carried out by competent Corgi registered gas fitters and checks can be done to ensure the Corgi contractor is registered. How do landlords know if a fitter is competent? - Registered fitters have to go through full training and the Landlord should ask to see cards, identifying the areas of work competence of the holder.
Each tenant must be given a copy within 28 days of inspection or displayed if the gas appliance is not in habitable room. New occupant should be given certificate before taking up occupancy. Note of Caution HSE under pressure after a fatality to prosecute for manslaughter Health and Safety at Work etc Act 1974 imposes duty of care on landlords Fourth Speaker Peter Brown Senior Trading Standards Officer Wrexham County Borough Council Safety of upholstered furniture in let accommodation 1988 Fire Safety Regulations The Legislation is covered by the Consumer Protection Act 1987, it create offences and Penalties and gives Trading Standard Officers powers to enforce the regulations. It is an offence to supply furniture which does not comply with regulations with fines up to 5000 or 6 months in prison. Officers have the powers to enter premises to ascertain whether there has been a contravention in premises other than in those occupied only as a persons residents. Non-compliant furniture may be seized for testing by the Officer and liable to forfeiture, the landlords would be liable to prosecution. The types of furniture covered include virtually all upholstered and soft furnishings including garden furniture for indoor use Pre 1950 furniture exempt from the regulations but is expected that there will be almost none of this available now, curtains are not covered by these Regulations From 1988 all furniture should be modified with fire resistant materials and you should look at labels on furniture, if it says Carelessness causes fire it should be compliant furniture. If there is no label or Caution do not buy!! Each year about 150 people die in fires involving upholstered furniture. The following are Practical Considerations to be made when purchasing furniture:- - All furniture manufactured since 1988 should comply - Private seller no offence but would be offence if you supply it in property - Ask for original invoice - Auctions check label - Don t buy if headed Caution - Keep receipt if new - Fire retardant treatments cannot be guaranteed - Not responsible for tenants own furniture (especially unfurnished property) - Trading Standards available to advise you
Fifth Speaker Crispin Jones Technical Manager Energy Action Grants Agency (EAGA) Partnership EAGA manage, Home Energy Efficiency Scheme for Welsh Assembly Government as well as manage utility schemes UK wide. It is an employee owned partnership delivering quality service in working partnership in 22 authorities in Wales. 20% housholds in England are fuel poor and of these 70% of fuel poor live in owner occupied/private rented sector. EAGA s flagship is to eradicate fuel poverty by 2010 There are adverse health effects of cold houses and the lack of heating will affect the structure of the property long term. Home Energy Efficiency Scheme (HEES) This a Welsh Assembly Government funded scheme and 2.5m for North Wales 70% of this is for private sector homes. Access to heat scheme is advertised in booklets i.e. eligibility for help. Up to 1500 is available for the following matters. Gas, storage heaters, installation, central heating systems, conversion of solid fuel open fire and modern glass fronted fire, energy advice and low energy light bulbs HEES Plus is a different scheme, with different eligibility and includes conversion of coal to gas or electric systems. Security measures in designated areas for over 60 s. Smoke detectors to be introduced into the scheme. Grants up to 2,700 per property. If you have plans to put Central Heating in property and tenant is over 60 can get assistance up to 2,700. The Landlord must approve works to go ahead and not to put rent up as result of installation of HEES grant works. He must repay reducing residual fee if property not occupied by HEES eligible tenant within the seven years. Sixth Speaker Cheryl Donnison Heatcare Insulation Ltd Heatcare Insulation Ltd install energy saving measures in homes throughout the UK. They are able to utilise funding from. (1) HEES scheme (2) Utility company funding to target private sector housing The company is based in Ellesmere Port, and has access to Government and Utility Grant funding with highly competitive non grant prices.
Their aim is to reduce fuel poverty, carbon emissions (30%) and improve fabric of tenanted homes in private sector, ultimately the improvements through lack of turnover of tenants and enhanced properties will lead to greater capital values. Scottish Power offer grants to Landlords and are overseeing by Heatcare. 50% grants are available for gas and oil heated homes for cavity wall insulation, and 70% grants are available for electric and coal heated homes for cavity wall insulation. A lower level grant 150-190 for 250mm loft insulation (depending on house type) Normally the tenant will need to be in receipt of a qualifying benefit but some flexible schemes are available. There are many cost effective benefits of installing insulation:- Key Benefits - Enhance capital value of property - Increased tenants comfort - Reduces tenants comfort turnover - Some measures pay for themselves in 3 yrs - Lower repair bills from condensation etc. OPEN FORUM Question 1 Situating and fitting CO detectors No legal requirement for them only general duty Health and Safety of tenant. Reasonably practical to spend 25 on CO detection against risk of a faulty appliance but these are secondary to having the appliance regularly serviced. Mainly to maintain gas appliance. Question 2 Tenant installs a gas central heater in themselves, who is liable? The relevant appliance must be in ownership of landlord for the Landlord to have responsibility.
Question 3 Access: what happens if access refused by tenant? All reasonable steps attempt 3 times to gain entry argument is as to what is reasonable. Question 4 Does a duty exist for unlawful occupiers? No requirement for gas safety certificate if occupiers are unlawful occupying the property.