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Landlords face stricter rules over property cleanliness

Landlords in Glasgow are facing stricter rules on how they operate their properties.

The new regulations are aimed at curbing the impact that houses of multiple occupancy (HMO) can have on communities.

The conditions, which cover cleansing issues, repairs to common property and dealing with neighbour complaints, have come into effect following a review by Glasgow City Council’s Licensing and Regulatory Committee.

The review identified concerns linked to the presence of HMOs in neighbourhoods across the city, particularly where there are high concentrations of this type of rental property.

High levels of refuse from HMOs being left in back courts and lanes has been a common complaint to the Council, with a surge in bulk waste being dumped at the end of the academic year also being raised as a recurring problem.

William Beckett, Garnethill Neighbourhood Watch, has welcomed the changes after a landlord in area was penalised repeatedly for the rubbish left in his back court.

William Beckett, said: “I hope this is enough to stop it and I just hope that all landlords take heed of the new conditions.

“It gives them more power as well with their tenants to say look this has got to stop, these are the new rules, you’ve got to comply with these conditions, failing that then you’ll have to leave.”

Public consultation feedback also focused on difficulties with securing support from HMO landlords for repairs and maintenance to common parts of flats.

How to deal with noise and other anti-social behaviour was also flagged as a source of on-going disputes.

Councillor Alex Wilson, Chair of the Licensing and Regulatory Committee, said that striking a balance between the needs of neighbourhoods, residents, HMO tenants and landlords was essential.

He said: “I’m hoping to see a massive difference in the number of complaints that we get especially from community councils which is where the majority of complaints do come from.

“I would like to think that if there is an example to be set then hopefully the private rented sector will see the same changes, everyone will benefit.”

The new conditions for HMOs will cover:- general refuse ; maintenance, insurance and repairs of common areas; bulk refuse; neighbouring residents and statutory notices.

All of these conditions will be incorporated into a new code of conduct, which will apply to all HMO licence holders.

As part of the new conditions, a pilot project will be operated through the cleansing service provided by the council’s Neighbourhoods and Sustainability department.

The pilot will involve landlords notifying the council in advance of flats being cleared of items at the beginning or end or the academic year to ensure bulk waste is reported for collection.

By Susan Ripoll

Source: STV

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Residents voice their frustration as plans for HMO are granted on appeal

Frustration has been voiced after plans to create a six-bedroom house in multiple occupation (HMO) in Wrexham were granted on appeal.

During November, members of the local authority’s planning committee rejected proposals to convert an existing house on Beechley Road in Hightown to accommodate a total of seven people.

It came after they carried out a site visit where concerned residents carrying placards raised issues over parking and fly tipping as a result of the six existing HMOs on the street.

The Beechley Road Residents’ Association also presented a petition with 90 signatures against the development.

However, the decision to refuse the scheme has now been overturned by a planning inspector appointed by the Welsh Government.

Cllr Graham Rogers (Lab), who represents the area, said the news had left him angered.

He said: “It’s very frustrating and disappointing. There’s already a number of HMOs along Beechley Road and now we’ve got another one.

“There’s going to be traffic issues because of where it is at the end of the road.

“What’s the point in having a planning committee when someone who sits in an office about 150 miles away can change the decision?

“I’d like to thank the residents who helped to fight against it. It’s so frustrating, but what more can you do?”

Council officers had originally backed the plans for approval as they said they complied with all the authority’s policies.

But an alternative recommendation for refusal was put forward by councillors on the grounds of parking and access issues, which was approved by eight votes to four.

In his decision notice, planning inspector Iwan Lloyd concluded that the proposal would not harm road safety.

He said: “In my view the proposed access would be satisfactory in relation to visibility and sight stopping distances.

“On-street parking may impede visibility but there are numerous vehicle entrances serving properties in the vicinity of the site and there is no evidence to indicate that these are not operating safely.

“Turning to the second reason for refusal, the council’s highway engineer confirms that the proposal complies with planning guidance which seeks a maximum of four car spaces.

“This is exceeded in this case and the proposal would provide for secure cycle storage.

“The site is situated in a sustainable location and on-site car parking provision could accommodate visitor parking in this instance which should overcome the council’s and residents’ concerns.”

Mr Lloyd said he had also considered representations regarding the over-concentration of HMOs on the street, issues with the potential behaviour of future tenants and problems with bin storage.

However, he said such matters did not form part of the council’s reasons for refusing the application and did not outweigh his decision.

By Liam Randall – BBC Local Democracy Reporter 

Source: Wrexham

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Landlords warned of £30k licensing fines

Landlords who run houses of multiple occupation without a licence could now be fined up to £30,000.

Telford & Wrekin Council has begun searching for landlords who are breaching a new law around the running and managing of HMOs.

The change came into place on October 1 last year, meaning that any rented property with five or more people living as two or more households now requires a licence.

Previously, only HMOs that had three or more storeys with five or more people required a licence, but that is no longer the case.

It means all HMOs falling under this new definition have to have a licence by law.

Other rule changes brought in by central government also mean new minimum room sizes apply to properties and a requirement to comply with the local refuse rules.

Enhanced

Landlords who renew their licenses will have to adhere to new enhanced conditions.

Last year, Telford & Wrekin Council, which is issues the licences, gave prior warning of the law change and advice on what to do.

After October 1, it granted landlords a further period of grace for applications. The council’s officers were out earlier this month and found a number of unlicensed properties. It is now warning HMO landlords who have not licensed their properties that they may face enforcement action.

Councillor Richard Overton, Telford & Wrekin Council’s cabinet member for housing and enforcement, said: “We gave landlords plenty of warning before the new law came into force last October, then we gave them extra time to help them get their heads around the new rules, complete a DBS check and submit their applications.

“Now our officers will start to investigate those who haven’t licensed and, where they find a property that should have been licensed but wasn’t, action may be taken against the landlord. Anyone found to be operating and/or managing a House in Multiple Occupation can be prosecuted or issued with a fixed penalty notice of up to £30,000.”

By Mat Growcott

Source: Shropshire Star

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Haringey Council additional HMO licensing

Between 11 December 2017 and 5 March 2018 Haringey consulted on a borough wide Additional Licensing Scheme for Houses in Multiple Occupation (HMO). As with most other new schemes Landlords will be required to have a licence if they rent to three or more people from two or more households starting 27th May 2019.

The the Council say the schemes “have been designed to improve the condition of private rented homes, reduce anti-social behaviour and support landlords by providing guidance and support.”

The proposal is to introduce:

A borough wide Additional Licensing Scheme for Houses in Multiple Occupation (HMO) and a Selective Licensing Scheme applying to all private rented properties in 29 defined areas across the borough

“We’re committed to providing residents who wish to rent in Haringey with good quality, safe accommodation which is managed by responsible landlords or letting agents. This means working with landlords to create a more professional rented sector, and tackling those who mistreat or fail to provide a good, safe home to their tenants.

“To help achieve this, we have introduced licensing for all Houses in Multiple Occupation (HMO) so that more landlords will have to hold a license before they can let out their homes. These licenses require landlords to keep their homes in good condition and ensure high standards of management, or risk enforcement from the council.

“On 12 February 2019 Haringey Council designated the whole borough subject to additional HMO Licensing. The scheme becomes operative on 27 May 2019 – anyone found to be operating an unlicensed HMO after this date will be committing an offence and will face enforcement action.”

For the Haringey licencing page click here

“How can I apply

We are currently working on introducing an online licence application and payment system. This is currently not available, so applicants will need to complete a paper application form until further notice.

All the information you need to apply for an Additional HMO Licence can be found on the Apply for a HMO licence page.

What is the cost of Licensing

The Licensing Fees have been amended and will now be taken in two stages.

  • A £500 fee will be paid on application a further £600 fee will be taken before your licence is issued
  • The total fee for licensing an HMO is £1,100

Further charges and discounts may apply to your application. See the Information on HMO licence fees and licence periods (PDF, 54KB) for further information.

Apply early and receive a discounted early bird licence fee

A financial incentive is available for compliant landlords – apply for an Additional HMO Licence before 27 May 2019 and pay a discounted Licence fee payment of £500.”

Source: Property118

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Glasgow to introduce stricter licensing conditions to curb impact of HMOs

Landlords in Glasgow are facing stricter new conditions on how they operate their property as part of an effort to curb the impact that houses of multiple occupancy (HMO) can have on communities.

The conditions, which cover cleansing issues, repairs to common property and dealing with neighbour complaints, will come into effect following a review of HMO licensing by Glasgow City Council’s licensing and regulatory committee.

The review identified many concerns linked to the presence of HMOs in neighbourhoods across the city, particularly where there are high concentrations of this type of rental property.

High levels of refuse from HMOs being left in back courts and lanes is a common complaint with a surge in bulk waste being dumped at the end of the academic year also being raised as a recurring problem. Public consultation feedback also focused on difficulties with securing support from HMO landlords for repairs and maintenance to common parts of flatted property. How to deal with noise and other anti-social behaviour was also flagged as a source of on-going disputes.

While it was found there is no legal basis for a cap on the number of HMO licences issued within Glasgow, the review reiterated that the purpose of HMO licensing is to protect public safety. The review conclude that better management of HMOs was a practical way forward.

Councillor Alex Wilson, chair of the licensing and regulatory committee, said that striking a balance between the needs of neighbourhoods, residents, HMO tenants and landlords was essential.

Councillor Wilson said: “It is clear there is a strong depth of feeling about how HMOs operate in the city. There is a range of issues that are regularly brought before members of the committee and we know that the way HMOs are sometimes managed cause real problems to other residents.

“But the public safety purpose of the HMO system should not be put to one side. HMOs provide homes of a reliable standard for people who cannot otherwise afford to live independently and that’s a system we support.

“The advice we have received means there is not a legally defensible way to limit how many HMOs there in Glasgow as there is a continuing need for kind of accommodation. So focusing on what really bothers people about the way property is managed is the way to deal with this.

“Indiscriminate dumping of rubbish, refusing to pull your weight with the cost of repairs, failing to get a grip with noisy or anti-social tenants – these are the issues that upset other residents. By creating conditions of licence that focus on the issues of concern we are setting out very clearly the standards we expect of our HMO landlords. The conditions will help to ensure we can take a more robust approach with licence holders who do not meet expected standards.”

The new conditions for HMOs will cover: general refuse; maintenance, insurance and repairs of common areas; bulk refuse; neighbouring residents and statutory notices. All of these conditions will be incorporated into a new code of conduct, which will apply to all HMO licence holders.

As part of the new conditions, a pilot project will be operated through the cleansing service provided by the council’s Neighbourhoods and Sustainability department. The pilot will involve landlords notifying the council in advance of flats being cleared of items at the beginning or end or the academic year to ensure bulk waste is reported for collection.

The review also found that it would not be appropriate to use planning policy objectives to limit HMO residences to over-ride a licensing system intended to protect public safety.

Source: Scottish Housing News

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Highland landlord given £4,000 fine

A Highland landlord has been fined £4,000 for operating a house in multiple occupation (HMO) without a licence.

Following concerns that several flats within Cruickshank Court in Dingwall were being occupied as unlicensed HMOs, Highland Council’s environmental health team led a joint investigation with Police Scotland in September 2017 into the matter.

The investigation identified several unlicensed HMOs and a report was submitted to the Procurator Fiscal’s Office at the time.

At Inverness Sheriff Court on February 28, Inverness businesswoman Claire Mohammed was fined £4,000.

An HMO is a property in which three or more unrelated adults are residing as their main residence and require too share kitchen, toilet or personal washing facilities. It is an offence for any landlord to permit a property to be occupied as an HMO without a license issued by the council. Safeguards for tenants provided by HMO licensing include checks on electrical, gas and fire safety, space standards, and management standards. Licensing helps ensure that accommodation is safe, well managed and of good quality.

Gregor MacCormick, Highland Council senior environmental health officer, said: “This was a significant operation for the Environmental Health team with visits being undertaken to nine individual flats. Serious safety concerns were identified in respect of both the management and maintenance of the flats, and we therefore welcome the level of fine that has been imposed.

“Our main aim in these investigations is to ensure the safety and wellbeing of tenants. We will continue to work in partnership to conduct such interventions in the future and take robust action where we find that landlords have failed in their responsibilities.”

Detective Inspector Peter Mackenzie, Police Scotland, said: “We acknowledge the penalty imposed on Claire Mohammed at Inverness Sheriff court. This operation brought together several partner agencies with Police Scotland and Environmental Health Officers from Highland Council taking the lead and working closely together to gather a sufficiency of evidence in relation to serious safety concerns that were identified and subsequently reported to the Procurator Fiscal. This shows the advantages and benefit of a multi-agency approach, which we will continue to do to target any landlord who risks the safety and lives of their tenants.”

By Dominic Robertson

Source: Scottish Housing News

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Shawbrook helps investor with £3.35m refinance on nine HMOs

Shawbrook partnered with Sirius Property Finance to help an experienced investor remortgage nine HMO properties worth £3.35m.

The properties were purchased using bridging finance in June 2018, however as the term was coming to an end the client wished to remortgage quickly to avoid any fees.

Robert Collins, co-founder of Sirius Property Finance, said: “Along the way we had to liaise with the valuer to have the original reports readdressed and to clarify the net rental position as they had originally used a 20% discount that affected affordability.

“However, due to the partnership between me, the client and the team at Shawbrook we were able to provide a solution within the short time frame. It was a fantastic team effort and I’m delighted that our partnership with Shawbrook had a positive outcome for the client.”

Peter Turner, senior development manager for Shawbrook Commercial Mortgages, added: “The turnaround on this case was tight but the teams from both Sirius and Shawbrook worked together to re-mortgage the nine HMOs of the customer, avoiding the bridging finance penalties.

“I’m delighted we were able to help with this case and look forward to continue working with our newest strategic partner.”

Using Shawbrook’s LRI2 product on a 10-year, interest-only term, the team worked with Sirius to ensure the deal was completed in time.

The AIP was submitted on 6 November and the case was completed before Christmas ensuring that the bridging finance was repaid within the term and allowing the client to avoid over-run penalties.

Source: Mortgage Introducer

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Landlord convicted of unlawfully evicting tenant now fined for running unlicensed HMO in Telford

A landlord from Telford who had previously been convicted of unlawfully evicting a tenant has now been fined for running an unlicensed house in multiple occupation.

In March 2017, David Beattie admitted threatening violence against a tenant in his property in Dudmaston, Hollinswood.

Shropshire Magistrates Court sitting in Telford on Monday heard that Beattie, of Priorslee, was not deemed by Telford & Wrekin Council to be a ‘fit and proper’ person. This is one of the requirements to having a licence to operate an HMO.

As Beattie didn’t meet this requirement he couldn’t apply for the HMO licence and, as a result, could not accommodate more than four people at his property.

The court heard that Telford & Wrekin Council could identify from leases that there were five people living there.

Beattie pleaded guilty to controlling and managing the HMO without a licence. He was fined £284 and ordered to pay costs of £410 and a victim surcharge of £30.

Councillor Richard Overton, Telford & Wrekin Council’s cabinet member for enforcement, said: “This latest conviction gives the council the opportunity to apply for a Rent Repayment Order to get back any rent paid in housing benefit to Mr Beattie during the offence period. We can also advise any tenants who paid privately to live at this property on how they too can apply for a rent payment order for the same period, between June 5 and September 19 last year.

“We would also encourage any tenants who privately rented accommodation from Mr. Beattie in Dudmaston, Hollinswood to contact us as they may too be able to apply to refunds to their rents.

“We are committed to ensuring all tenants in the borough live in safe and well-maintained accommodation. HMO licensing plays a big part in ensuring this.”

A licensable HMO is defined as any rented property with five or more people living as two or more households. Before October 1, 2018 only HMOs that had three or more storeys with five or more people required a licence.

Source: Shropshire Star

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Plans submitted to turn terraced house in Connah’s Quay into ‘house in multiple occupation’

Plans have been put forward to turn a terraced home on Deeside into a house in multiple occupation (HMO).

It would see the property on Church Street, Connah’s Quay, converted to include four bedrooms to house a maximum of five people.

According to planning documents, the house has been vacant for a number of years.

Carlatton Property Ltd, which is behind the application, said the proposed living accommodation is up to the standards required for HMOs in Flintshire.

In a covering letter written on the company’s behalf, planning agent Jennifer Sanders said: “The application site comprises a three-bed, mid-terrace dwelling with rear garden and an attached outbuilding.

“While the overall layout of the property is not proposed to alter, some minor internal alterations are proposed at ground floor level.

“The resultant building will comprise a four bedroom (five person) HMO, with separate kitchen, utility and living room, as well as an upstairs bathroom and additional downstairs toilet.

“The existing dwelling has been vacant for some time and require substantial refurbishment.

“The proposed development seeks to bring the property back into appropriate use.

“Furthermore, with no external alterations and very few (if any) other HMO units located in the immediate vicinity, the proposal will not change or harm the character of the surrounding area.”

Comments are currently being invited on the application via the Flintshire Council website.

Any feedback must be received by March 5 and the local authority is aiming to make a decision on the proposals before the end of March.

Source: Deeside

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Highland landlord prosecuted for unlicensed HMO

A Fort William landlord has been successfully prosecuted for operating a House in Multiple Occupation (HMO) without a licence.

Mr Harjinder Singh Randhawa, the owner of the 1st & 2nd floor flat at 39 High Street, pled guilty and was fined £1800 at Fort William Sheriff Court on January 28.

Whilst conducting an investigation into an accident at work, environmental health officers from Highland Council had cause to visit the property and found it to be occupied by seven people who were all residing in the property as their main residence and requiring to share kitchen and sanitary facilities.

The property was found to be in a relatively poor standard of repair throughout and failed to meet the council’s adopted standards for HMOs. Of particular concern was the lack of any fire safety precautions and the poor condition of the electrical installation within the property.

Councillor Ian Cockburn, chair of the licensing committee, said: ”Ultimately the HMO licensing scheme was introduced to protect tenants and help ensure properties are safe, and so it is important that the council takes action to protect tenants in these cases.

“I am pleased that in imposing this level of fine the court has reflected the importance of licensing and demonstrates to responsible landlords who have made the effort to comply with the legislation and bring their properties up to the required standard, that less responsible landlords are actively being pursued by the council. I would encourage both landlords and tenants to contact the council if they have any concerns about their property. Officers are here to help and offer advice.”

Graeme Corner, senior environmental health officer, added: “We hope that the significant fine imposed in this case sends out a strong message to landlords in the Lochaber area and throughout the Highlands that they must obtain a license if their property is being occupied as an HMO. Whilst our service always prefer to work with landlords to ensure compliance, we will not hesitate to take robust action where the health, safety and well-being of tenants is comprised by poorly managed and maintained properties such as in this case.

“The environmental health service will continue to take action against those landlords who do not apply, so I would urge all owners and agents to ensure that their properties are meeting legal requirements.”

Source: Scottish Housing News