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Council proposes crackdown on student Houses of Multiple Occupation

Houses with several students living in them could face tougher restrictions under new plans approved last night by Broxtowe Borough Council.

Families are thinking of leaving the area, because the number of student Houses in Multiple Occupation (HMOs) have increased so much around Beeston, according to one councillor.

Several councillors said the number of HMOs has ‘eroded the character of parts of Beeston’.

Currently, no additional planning permission is needed to convert a ‘family house’ to an HMO in Broxtowe if there are six or fewer students living there.

With two successful and growing universities, and pressure for student housing still high in the city, there has been a growth in recent years of student living across the border in Broxtowe, and Beeston in particular.

Now, concerns are being raised about the quantity of HMOs, and Broxtowe Borough Council is looking to impose new restrictions.

In Nottingham, to convert a ‘family house’ to an HMO, you need to get special planning permission if there are going to be three or more unrelated people living in a house – lower than the threshold in Broxtowe.

Now, Broxtowe is considering bringing its rules in line with the city’s, and is now looking into whether a policy would work.

It is hoped the move could help the council control the amount of new applications it receives, and give it power to reject applications it feels are inappropriate.

However to impose a scheme like this, the council has to have evidence showing there is a need for the new measures.

Now, Broxtowe Borough Council plans to collect this information, before a scheme could potentially be introduced by the end of the year, or early next year.

Councillor Lynda Lally represents Beeston Central for Labour, and said: “I’ve never known anything in the 20 years of being a councillor for Beeston Central which has been as controversial as this, apart from the tram.

“I genuinely feel this is a huge probelm, and we can’t just say ‘we’ll see how this goes’, we can’t do that any more.

“I’ve had people in an emotional state saying I’m going to move out of here because I can’t stand what’s happening to my street any more.

“Family homes with three bedrooms are turning into homes with eight, nine and 10 bedrooms, so I’m really glad we are tackling this.”

“We cannot see our communities destroyed any more.

“This is not against students, this is about getting a better mix.”

Councillor Stephen Carr is the leader of the Liberal Democrats, and represents Beeston North.

He said: “Nottingham seems to now be saturated with HMOs.

“Just over the last few months (in Broxtowe) there are more, and more and more (HMOs) coming in.

“What we are trying to prevent at this stage, is not shutting the door after the horse has bolted, but preventing us becoming Dunkirk, or Lenton which, when you go there now when the students aren’t there, it’s deserted. It has no character, it has hardly any families left.

“We really need this policy quickly.”

The plan was approved unanimously at a meeting of Broxtowe Borough Council’s Jobs and Economy Committee yesterday (Thursday, July 4)

By Local Democracy Reporters

Source: West Bridgford Wire

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Help for landlords who struggle to keep up with pace of change

Many landlords in the UK are struggling to keep up with changes to the law that have been introduced over the past year, according to an independent survey.

Some 30 per cent do not understand the changes to House in Multiple Occupation (HMO) licensing, which came into effect in October 2018 and 28 per cent are not aware of the abolition of Section 21, which came into force at the start of June 2019 to prevent unfair tenant evictions.

The survey commissioned by bridging lender Market Financial Solutions, also found that 27 per cent are uncertain about the tenant fees ban, with a further 19 per cent saying they understand the reform but are unsure how it will affect them.

When it some to tax, there was also significant confusion, with the poll showing that 28 per cent do not understand the reforms to inheritance tax that have changed the tax free allowance on properties being passed down and 25 per cent do not know about the reforms affecting tax relief on mortgage repayments, which were implemented in April this year.

The research also found that far more landlords opposed these reforms than supported them.

Some 44 per cent are against the banning of letting fees, compared to 23 per cent in favour, 37 per cent against the abolition of Section 21 with 16 per cent in favour, while 48 per cent are against changes to buy-to-let mortgage relief and 16 per cent for.

Source: Simple Landlords Insurance

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Rogue Carlisle landlords prosecuted for unsafe conditions

Two Carlisle-based rogue landlords have been fined more that £1,000 each following a successful prosecution by Carlisle City Council.

Following a series of unannounced visits to rented premises in November 2018, Carlisle City Council has successfully prosecuted Sait Colak (49) and Erkan Colak (43) – both of 41 Fernlea Way, Carlisle – for offences under the management of a House in Multiple Occupation (HMO) regulations.

The visits backed by warrants from the Magistrates Court were carried out in coordination with the Cumbria Fire and Rescue Service, Cumbria Police and the Immigration, Control and Enforcement Service.

The offences related to poor management and unsafe conditions in the property. The landlords were fined £1,000 each on Wednesday 8 May 2019 by Carlisle Magistrates Court. In addition to the fine, £150 costs and £50 Victim Surcharge were also imposed.

Both Sait Colak and Erkan Colak pleaded guilty (by post) and neither attended the hearing.

Carlisle City Council spokesperson said: “The successful prosecution demonstrates the effectiveness of multi-agency working – a key feature of the Rogue Landlord Project funded by the Controlling Migration Fund. The project targets unlawful activity in the private rented sector with a focus on the Botchergate area and fast food premises.

“All Houses of Multiple Occupation should be properly managed; ensuring the safety and security of the tenants. In addition to this court prosecution, we are also now using the powers under the Housing and Planning Act 2016, to issue civil penalties against landlords. To date we have issued five civil penalties to landlords found to be operating without HMO licences.”

A House in Multiple Occupation is a privately rented property which is shared by more than two individuals and who share facilities such as a bathroom or kitchen. Any HMOs occupied by five or more individuals must be licensed. All HMOs must be managed to ensure the tenants are safe and secure.

 Source: Cumbria Crack
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Students win rent refund from unlicensed landlord

Five students from Leeds have won a rent refund from their landlord who failed to acquire a House in Multiple Occupation licence (HMO).

Ben Leonard, a postgraduate student, and his four housemates found out their home didn’t have an HMO licence when their landlord applied to Leeds City Council for one halfway through the tenancy.

A HMO must be held by any home occupied by five or more unrelated people who share communal facilities, with at least one tenant paying rent. It confirms the house has the correct safety certificates, that fire alarms are present and working and whoever is in charge of the property is qualified. It also confirms that the landlord does not have a criminal record.

Landlords who don’t have a HMO face fines of up to £30,000, including repaying up to 12 months of rent to their tenants, via a rent repayment order (RRO), which is what happened to Leonard’s landlord.

A housing officer from Leeds City Council informed the tenants that the council was taking action against landlord and explained that they were entitled to seek an RRO.

The tenants made their application, which included evidence of paying rent, bank statements and the tenancy agreement, which was accepted and the landlord was taken to court. He pleaded guilty and, after bills were deducted from the amount owed, as well as a further deduction due to the landlord’s financial situation, each tenant was owed around £2,000.

‘Incredible response’
After winning the case, Leonard told the BBC he received an “incredible” response on Twitter earlier this month. He was inundated with messages from other tenants who felt their landlords might have cases to answer.

The case coincides with the government’s announcement two weeks ago that they plan to repeal Section 21 of the Housing Act (1988), which allows landlords to evict tenants at the end of their fixed-term, and put an end to ‘no-fault’ evictions.

The change in the law would, the government said, “protect tenants from having to make frequent and short notice moves, and will enable them to plan for the future.”

Written by: Max Liu

Source: Your Money

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Landlords warned to prepare for new HMO rules

FROM April 1, the licensing laws for Houses in Multiple Occupation (HMO) in Northern Ireland have changed.

Mandatory HMO licensing is being extended because of concerns about the number of HMOs operated by landlords who rent out sub-standard, overcrowded and dangerous accommodation, exploit vulnerable tenants and in some cases defraud the public purse.

A house in multiple occupation is a single property in which multiple households live and share basic amenities. A typical HMO may have a kitchen and/or bathroom shared between two or more rented households. These laws do not apply to rented flats or apartments with separate facilities.

According to figures obtained by the BBC, there are over 6,000 HMOs in Northern Ireland, with more than 4,000 based in Belfast.

Under the new scheme, all HMOs in Northern Ireland must hold a valid licence and landlords without licences or found to be in breach of the conditions of their licence, risk significant fines of up to £20,000 and/or prosecution.

HMOs previously been registered with the NI Housing Executive, which still benefit from valid unexpired licences, will automatically transfer to the new local council scheme. HMO licenses are valid for a period of five years and must be renewed periodically.

The licensing of all HMOs in Northern Ireland is now managed by the relevant local council. The ultimate purpose of the new legislation is to ensure that the accommodation is safe for the tenants and surrounding neighbours.

Under the legislation, landlords must have an anti-social behaviour plan in place and keep a record of instances of anti-social behaviour and what actions have been taken by the landlord to deal with the situation. Landlords will be provided with a guide from the Council, advising them on how to tackle these issues.

The legislation also requires HMOs to adhere to certain health and safety standards. The property must benefit from valid up to date safety and maintenance certificates for all relevant appliances.

From April 15, tenants of HMOs will be able to contact their local council to check if the property they reside in is registered as a HMO. Under the legislation, the tenant can report their landlord to their local council if the tenant suspects that there is not a valid licence in place or if the conditions of the licence are being breached.

The local council has the power to impose certain conditions on licenses and revoke HMO licenses if conditions are not being met.

The rules could have a major impact on city landlords who rent out premises to students and the growing number of professionals who share houses and flats.

By Oonagh Murdock

Source: Irish News

letting Flintshire HMO landlord
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Flintshire HMO Landlord Prosecuted

A Flintshire HMO landlord has been prosecuted for several offences under legislation designed to protect tenants living in shared accommodation.

Environmental health officers at Flintshire Council visited the Flintshire House in Multiple Occupation (HMO) owned by landlord Glyn Trevor Roberts in July 2018.

The inspection revealed numerous deficiencies including no working fire alarms, no fire doors, defective electrics and inadequate bathroom amenities.

The Flintshire landlord also subsequently ignored requests made under the Management of Houses in Multiple Occupation (Wales) Regulations 2006 to produce gas and electrical testing certificates.

An improvement notice was served by Flintshire Council under the Housing Act 2004 and a subsequent inspection found that the improvement notice had not been complied with and that the gas boiler had been condemned for safety reasons.

The council then took the matter to Wrexham Magistrates Court. Mr Roberts pleaded guilty to all six offences relating to the property – in Connaught Avenue, Shotton.

The six offences included failing to comply with an Improvement Notice, failing to register rental property, failing to obtain a licence to manage rental property and failure to supply gas and electrical test certificates.

Mr Roberts claimed to be in financial difficulties and the property was due to be sold within the next six weeks. However, he was found guilty of all six offences and in sentencing was fined £600. He was also ordered to pay a contribution of £200 to Flintshire Council’s costs.

The Flintshire landlord was told that breaches of such legislation could end in tragedy and that if it weren’t for his financial situation, the scale of the fines would have been much greater.

Flintshire Council’s chief officer for planning, environment and economy, Andrew Farrow, said: ‘This successful prosecution sends a clear message that Flintshire County Council will not tolerate the poor management of Houses in Multiple Occupation.

‘This legislation is designed to protect the health, safety and wellbeing of some of our most vulnerable residents.’

Source: Residential Landlord

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HMO Investment Key As One Person Households Increase

Many buy to let investors are looking at HMO investment as the number of one person households increases.

Latest data from the Office for National Statistics shows that the number of one person households is continuing to rise, up 16 per cent to 7.7 million over the two decades from 1997 to 2017. This is projected to hit 10.7 million by 2039.

This trend has largely been driven by older age groups and as a result of greater numbers of children born in the 1960s and exacerbated by an increase in singles and divorcees.

The higher cost of living for one person households has also been highlighted, with those doing so spending up to 92 per cent of their income leaving little room to save. The biggest expenditure is housing costs including rent and bills.

Those living alone are also less likely to own their own home and therefore look for rented accommodation.

In addition, living alone also has implications that stretch beyond the financial burden. One person households have the lowest measure of wellbeing of all house hold types.

Whilst rented property can still be expensive for one person households, many are turning towards shared accommodation to help balance the budget and also provide company.

Buy to let investors who can offer quality shared accommodation are likely to reap the benefits the trend towards one person households with higher than average yields.

Co-founder of ideal flatmate, Tom Gatzen, commented: ‘The current cost of living is making it tough for many to get by, but shouldering this financial burden alone makes it all the more difficult.

‘While we are currently seeing an upward trend in single occupant living as a result of a growing population and social factors such as an increase in divorce rates, we are also seeing a similar increase across other living habits such as co-living.

‘While living alone is more prevalent across older age groups, we’re seeing a growing preference amongst younger generations to live in share households. This is not only helping them to address the financial issues head on but can also help with other disadvantages associated with living alone such as a lower level of wellbeing.

‘If properly considered and developed, this lifestyle trend could go some way in addressing the predicted uplift in those living alone over the next two decades and the negative impact that this could have on this segment of the population.’

Soruce: Residential Landlord

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Introduction of new licensing scheme for Houses in Multiple Occupation

A new licensing scheme aimed at improving conditions for occupiers and addressing issues that can affect neighbourhoods will be introduced for Houses in Multiple Occupation (HMO’s) from 1 April 2019.

It will require landlords to meet important quality and safety standards before an HMO is let.

This regulatory regime will also be linked to planning, ensuring that the concentration of HMOs is managed.

Belfast City Council will manage the licensing scheme on behalf of all local authorities in Northern Ireland. More information is available on their website at www.belfastcity.gov.uk/nihmo.

Belfast City Council will also launch an advertising campaign to include online, radio and newspapers, to ensure landlords and tenants are aware of the change in responsibilities. It is intended that all local councils will share this messaging and information widely.

The licensing scheme will be managed by the NI HMO Unit based in Belfast City Council; they will process applications and enforce the regulations across NI, ensuring the terms and conditions of the licences are complied with by landlords.

The decision on whether to award a licence will be the responsibility of the local council in which the HMO is located.

The new system will work more effectively because HMO regulation will be linked to other critical functions, such as planning, building control and environmental health, all of which are under the responsibility of district councils.

David Polley from the Department for Communities said, “From 1 April 2019 Councils will be responsible for HMO regulation carrying out checks and inspections to ensure that the property is suitable for the specified maximum number of persons intending to occupy it.

“This is about improving the quality of this type of private rented accommodation and is something which should be welcomed by landlords, those living in HMOs and those living around them.

“Well managed multi-occupancy houses are an important part of the housing market in Northern Ireland. New licensing arrangements will mean councils will be expected to work with landlords and owners of HMOs to ensure flats and houses are safe and well maintained,” he added.

Source: Newry Times

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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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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