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Newmarket Investment Landlord Hit With £33,000 Fine For 15 Charges

A rogue Newmarket landlord has been told he must pay almost £33,000 after being found guilty of 15 charges, 13 of which were under the Housing Act 2004.

Russell Wayne Price, of Lisburn Road, Newmarket, was prosecuted by Forest Heath District Council. The remaining charges not under the Housing Act related to Price’s failure to provide information when requested pertaining to his rental properties. At an earlier hearing he denied all charges.

The charges related to two properties in Lisburn Road, Newmarket, that were let as Houses in Multiple Occupation (HMOs). Both properties were inspected in December 2016. They had each been subject to Prohibition Orders served in 2008 and 2009, banning their use as HMOs. Upon inspection, several safety concerns were revealed. They ranged from a lack of gas or electrical safety certificates to a loose electrical socket. Exposed pipework, stairs without a handrail, damp and mould were also discovered. Neither property was deemed to be habitable.

Price was found guilty of all 15 charges following a three-day trial. He was ordered to pay charges and fines totalling £25,900. He must also pay the council’s costs in bringing the prosecution which brought the total to £32,980.

District Judge Timothy King commented on the case: ‘There was a significant risk of harm to individuals.’

Forest Heath’s cabinet member for housing, Councillor Sara Mildmay-White, said: “This should serve as a warning to any other rogue landlords across west Suffolk. Mr Price cut corners and didn’t provided safe accommodation to his tenants. In doing so he put their health and wellbeing at risk and jeopardised their safety. That is why I welcome the outcome of this case which sends a strong message to other rogue landlords. The safety of their tenants – our residents – is of paramount importance. They should not be exposed to inadequate fire safety, and the other health risks that this rogue landlord allowed. It is down to the hard work and perseverance of our housing enforcement team and the shared legal team, that we have achieved this result. I know that the vast majority of our landlords across west Suffolk are conscientious and work very hard to maintain housing standards for their tenants. That is why it is important that we take action against those few that don’t.’

Source: Residential Landlord

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Should student landlords offer All-Inclusive Bills in 2018?

An increasing amount of student landlords are becoming attracted to the idea of an all-inclusive rent package because it allows them to forecast their outgoings more precisely, and it makes their life simpler. If you’re a landlord who’s considering an all-inclusive rent offer for the 18/19 academic cycle (or even to young professionals in a shared house) but you’re’ concerned it’ll leave you out of pocket and take up more of your already limited time, fear not!

These days, HMO management is all about efficiency and value for money and students do expect to pay a little bit more for this hands off and time saving inclusion! But student landlords should not be left out of pocket, and there’s a way to manage it quickly and efficiently which should actually save you time in the long run! This article talks you through it, step by step!

Why do students want all-inclusive bills?

An all-inclusive rent takes a lot of the hassle out of HMO management for landlords, and also for student or professional tenants living in a HMO, where traditionally, tenants have had to set up their own utilities and waste precious minutes calculating who owes what! It’s undoubted that an all-inclusive rent is more attractive to the modern HMO tenant that’s used to fixed price mobile phone contracts, Netflix subscriptions, annual bus passes and the like. By offering a rent that includes many of the usual extra costs, all rolled into one handy, single monthly payment, student tenants can have a much better idea of how much pocket money they’ll be left with for the rest of the month. In my experience, you’ll increase the likelihood of getting a better caliber of student tenants who respects your property and your values as a landlord. Ultimately, and perhaps most importantly for them, it makes planning their shopping, 4G data spend, fancy dress costumes and 2 for 1 drinks nights (some of the well known student priorities) much easier!

What bills should you consider offering?

We run you through some of the options a landlord could include and suggest some considerations for each. If you do opt to include bills, ensure that you include a fair usage cap in each tenancy agreement, it’s just good HMO management practice. We also recommend that you inform tenants of their responsibilities regarding safe usage when they move in, along with the usual utility information such as emergency shut off valves and meter locations.

  1. Gas, Water Electricity – Consider switching regularly to take advantage of better rates and offers such as cash back and vouchers.
  2. Council Tax – Take on the responsibility of informing your council of your tenant’s details when they occupy the property. If they are students, they’ll be exempt from having to pay Council Tax, but if the council don’t get told, you could be on the wrong end of some aggressive enforcement letters!
  3. Broadband A high-speed and unlimited broadband service is essential for student tenants. If you are a portfolio owner, you can set up one account with a provider and installing a service at a new property is as easy as sending one email! Virgin and Sky both offer good landlord packages.
  4. TV License – If you supply a TV with your property (which is another essential for 2018) then you are responsible for this anyway. One quick call will make sure it’s in place, and pay annually because it will save you money.
  5. Sky, Virgin, Amazon, Netflix – If you really want to stand out from the crowd, consider some of these add-ons in your student house, but make sure you set limits, so you don’t experience unexpected bills!
  6. Cleaning – Having the shared areas cleaned every 2 weeks helps keep a student property in great shape and allows you to have someone regularly checking the condition of the property. It’ll give you an advantage when it comes to viewings too!
  7. Gardening – If you provide a garden or yard, you should consider getting a gardener to visit on a semi-regular basis. Not many HMO tenants own lawn mowers and secateurs! But keeping foliage trimmed will help make a good first impression on prospective new tenants, and more importantly, mums and dads.

How can you make bills more economic?

Besides shopping around for the best tariffs (try U-Switch to get started) some suppliers can send you a free ‘Smart Meter’ for the property which will allow your more economically minded student tenants to get a real time indication of their energy consumption and costs, and it will let you as a landlord, check their usage at any time, from anywhere in the world, from your phone. You could also install a smart heating control system such as Inspire that allows you to set pre-determined heating parameters. This will stop your tenants turning off the heating in the winter in an attempt to cut their costs (a sure fire way to get condensation and mould issues) or if you’re including the bills for them, it’ll stop them from blasting it all day every day at a huge and unnecessary cost.

What else can you do in a property?

Light Bulbs – Replacing just one old light bulb with an energy saving alternative can reduce lighting costs by up to £78 over the lifetime of the bulb. Plus they last up to 12 times longer than ordinary light bulbs.

Radiators – Fit reflector panels behind your radiators. These can reflect back into the room 95% of the heat energy radiated from the rear of your radiator. Other radiator extras are also available on the market such as Smart Radiator Valves which turn the radiator on and off at set times of the day, and radiator boosters that ‘suck’ heat in from your radiator and circulate it 50% more efficiently around your room.

Thermostat – As a rule of thumb, you can save around 3% on your heating bill for every degree that you turn down your thermostat. This is a balancing act of keeping your tenants happy, keeping your property warm enough to prevent condensation issues, and keeping bills economic.

Taps – A dripping hot water tap can waste enough hot water to fill half a bath in just one week, so fix any leaking taps!

Draft Proofing – Draft proofing windows, doors, loft hatches, wall and ceiling fittings can save the average property £55 per year on heating bills.

Provide a washing line – This is a real no brainer!

Fridges and freezers – Defrost these appliances annually, this helps them to run more efficiently. Bear in mind that some fridges and freezers self-defrost though, which saves you time and money in the long run!

Hot water tank – If you have a hot water tank, check that it is well insulated.

Cavity wall insulation – can save landlords around £150 a year, and the pay back will be approximately 5 years!

Loft Insulation – The approximate saving per year for those who have thick loft insulation installed is £175. Be sure you don’t compress the thickness of the insulation as this can see savings decrease dramatically. Installation can cost anywhere between £100 and £350 depending on the size of your property.

Under floor insulation – Older properties are more likely to have suspended timber floors. Timber floors can be insulated by lifting the floorboards and laying mineral wool insulation supported by netting between the joists. This can save you around £60 per year and cost as little as £100 if you do it yourself. Filling in the gaps between your floor and skirting board alone could save you £25 per year.

Solid wall insulation – Older houses tend to have solid walls rather than cavity walls. Having either internal or external insulation installed on your solid walls could save you around £445 to £475 per year. However, the cost of having such insulation installed can be high at £5,500 to £13,000. Nevertheless, external insulation can renew the appearance of your outer walls, improve weatherproofing and sound resistance, fills cracks and gaps in the brickwork, which will reduce draughts, increase the life of your walls by protecting the brickwork and reduce condensation on internal walls to help prevent damp (though it will not solve rising or penetrating damp).

Source: Property 118

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Houses in Multiple Occupation, two storeys or three?

Legislation relating to Houses in Multiple Occupation (HMO) has long existed to ensure landlords follow the necessary requirements when renting out properties to multiple people. All HMOs are subject to legislation about how they are managed and certain larger HMOs (3-storeys or more with 5 or more occupants) are required to have a license.

In the recent case of Woking BC v Johnson (unreported), 10 October 2017, (QB (Administrative Court)), a two-storey self-contained flat situated above a restaurant was occupied by more than five people who did not form part of the same household. Whilst it was clear that this was indeed an HMO, the question for the magistrates was whether the property fell within the description of an HMO, which was required under the statutory scheme to be licensed.

Article 3(3) of the Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006 (SI 2006/371) provides that a property requires a license where:

  • It is occupied by five or more people.
  • The HMO or any part of it comprises three storeys or more.
  • It is occupied by persons living in two or more households.

The local authority alleged that the respondent had committed an offence under section 72 of the Housing Act 2004 (HA 2004) by failing to obtain an HMO license in respect of the property. The local authority argued that the restaurant (below the flats) should be included within the number of storeys considered when calculating the requirements under Article 3(3). The magistrates relied on the decision in Islington LBC v Unite Group Plc [2013] EWHC 508 (Admin) in which it was decided that it was the HMO itself that had to comprise three storeys and not the building in which it was situated. The magistrates decided that the restaurant did not form part of the HMO and therefore did not require a license. The local authority appealed by way of case stated.

The issue for the High Court was whether the magistrates had been correct to exclude the restaurant when calculating the number of storeys.

The appeal was subsequently allowed by the High Court. It was held that the magistrates should not have relied on Islington LBC v Unite Group Plc as the circumstances differed to the present case. In Islington, the property comprised a five-storey block of purpose built self-contained flats. The ground floor consisted of a shop and the four upper floors were residential accommodation. Most such accommodation was in the form of cluster flats with four to six bedrooms with en-suite bathrooms and a communal living room and kitchen. Each flat was on one storey. The cluster flats were each a house in multiple occupation (HMO) within the meaning of the Housing Act 2004. In contrast, in the present case the property was a two-storey self-contained flat above a commercial premises.

The correct approach should have followed the explanatory note to the Licensing of Houses in Multiple Occupation (Prescribed Descriptions) (England) Order 2006, which requires that commercial premises above or below living accommodation, except where they were located in the basement, should count towards the calculation of storeys.

Source: Lexology

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Failing to Licence Houses in Multiple Occupation (HMO) Prosecution by Council

Bath & North East Somerset Council has prosecuted two Landlords for failing to make a valid application for a House in Multiple Occupation (HMO) licence. Mrs Elizabeth Vowles and Mrs Hayley Book, of Weston, Bath, appeared at Bath Magistrates’ Court on Thursday, 28th September, and pleaded guilty to the Housing Act 2004 offence.

The court heard that Mrs Vowles and Mrs Book were caught operating two HMOs in the Additional Licensing Area, without a licence in January.

The Landlords had another HMO in the Additional Licensing Area and should therefore have been aware of the obligations upon them. As a result of the current breaches, and in light of their previous history, the Council took the decision to prosecute.

One of the properties was a three-storey HMO shared by four occupants. This property failed to meet the HMO Licensing Standards due to locks on doors, lack of fire alarms and a fire door in disrepair.

The other property was a two-storey HMO shared by three occupants. This property failed to meet the HMO Licensing Standards due to locks on doors, and poor maintenance of the garden.

The court sentenced Mrs Elizabeth Vowles to an £8,000 fine (£4,000 for each property) and she was ordered to pay the prosecution costs of £550 and the victim surcharge of £170.

The court sentenced Mrs Hayley Book to an £8,000 fine (£4,000 for each property) and she was ordered to pay the prosecution costs of £550 and the victim surcharge of £170.

Councillor Paul Myers (Conservative, Midsomer Norton Redfield), Cabinet Member for Economic & Community Regeneration, said: “Our Housing Services will try to work in partnership with landlords to improve housing standards wherever possible. Additional licensing helps to ensure that occupants of HMOs are able to live in safe and well managed properties. Where landlords fail to licence their properties such as the case here, they are undermining the objectives of the additional licensing scheme.”

Additional licensing was brought in by the Council in 2014 to address issues of poor management in small HMOs with three or more persons in certain areas of Bath.

Source: MNR Journal

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Big crackdown on landlords by Thurrock Council

LANDLORDS of houses of multiple occupation [HMOs} and commercial dwellings with flats above shops faced a surprise earlier this month (Tuesday 3 October) during a council crackdown.

Officers from the Council’s housing, food safety and waste enforcement teams along with officers from Essex Police visited 80 homes suspected to be operating as unlicensed HMOs.

After the day of action, three licensable HMOs operating without a license, 18 non licensable HMOs, four landlords for planning and building enforcement prosecution and three empty homes were found and seven Environmental Protection Notices were served on local businesses.

Portfolio Holder for Housing, Cllr Rob Gledhill said: “Houses of Multiple Occupation Landlords are currently subject to mandatory licensing for three storey buildings occupied by five persons in two or more households.

“This currently limits the number of properties under this scheme but I am anticipating that the requirement is going to be extended by the government to include all properties with five or more people in two or more households meaning the 18 non licensable HMOs identified during the day of action will fall under this category next year.”

Letting a licensable HMO without a licence is a criminal offence and can result in an unlimited fine upon conviction. Persons managing or having control of a licensable HMO without a licence may also, in certain cases, have to repay rent. This applies to rent paid by tenants or by local authorities in housing benefit.

Cllr Gledhill added: “I would like to thank all those taking part in this operation to show we take this issue seriously. This was a coordinated effort to tackle poor performing landlords of HMOs and flats above shops where tenants are complaining to us about living in poorly maintained homes.

“`While we recognise that most private landlords comply with regulations and offer a good service to their tenants, it is important that we deal robustly with those in the sector who fall short of these standards.

“We are looking at extending licensing to include small HMOs in certain parts of the borough associated with anti-social behaviour and poor health and safety conditions to ensure that minimum standards are being met.”

If you have information about an unlicensed HMO, you can give us details by e-mailing private.housing@thurrock.gov.uk or visit: thurrock.gov.uk/houses-in-multiple-occupation for more information.

Source: Your Thurrock