The Government has opened a consultation on mandatory installation of smoke and carbon monoxide detectors in England. While the consultation, which closes on 11 January 2021, primarily focuses on social housing it also covers aspects of the private rented sector and is an opportunity to make the case for reform
The Housing, Communities and Local Government Committee released their report on the draft Building Safety Bill this week outlining their concerns that the draft does not do enough to protect leaseholders. The report states that, in its current form, the draft legislation does not provide adequate protection against leaseholders paying
Some tenants who are self-isolating because they are higher risk may face other challenges apart from the direct risk and impact of the virus, Agents are a key part of local communities and can provide housing and support to those in need. Propertymark has joined forces with the Alzheimer’s Society
The UK Government has on the 1st June 2020, released guidance on the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. There are three sets of guidance with separate versions released for landlords, tenants, and local authorities in England. Private landlords must ensure: Electrical safety standards are
ARLA Propertymark has responded to the UK Parliament’s Housing, Communities and Local Government Committee’s (HCLG) Inquiry into the impact of Coronavirus on homelessness and the private rented sector. The aim of the Committee’s Inquiry, which closed its deadline for written submissions on Tuesday 5 May, is to examine how effective
BDC 319 : Aug 2024
The Government has opened a consultation on mandatory installation of smoke and carbon monoxide detectors in England. While the consultation, which closes on 11 January 2021, primarily focuses on social housing it also covers aspects of the private rented sector and is an opportunity to make the case for reform of existing regulations, where they could be improved. This consultation follows on from the government’s social housing green paper which was published in August 2018, the social housing white paper that was published in November 2020 and the government review of carbon monoxide alarm requirements that concluded in January 2019. This consultation is launched alongside the social housing white paper and forms part of a wider package of measures designed to ensure that people are safe, and feel safe, now and in the future. It seeks to bring greater parity between the rental sectors in respect of safety. The proposal is to amend several pieces of existing legislation so that carbon monoxide alarms are mandatory in all private and owner-occupied homes in any room with a fixed combustion appliance, for example a boiler, cooker or water heater. Gas cookers are excluded from this requirement. The regulations apply to all properties, including houses, flats, and HMOs (houses in multiple occupations). The property owner must ensure that smoke and carbon monoxide detectors are installed. In rented properties, the landlord guarantees these sensors are installed and working correctly at the start of a tenancy. Tenants are then responsible for testing the detectors regularly and reporting any faults to the landlord. The property owner or landlord can be fined if a property does not have smoke and carbon monoxide detectors installed. In addition to this, failure to comply with the regulations can also lead to legal repercussions. Therefore, ensuring that smoke alarm installation is attended to before occupying a home is crucial. Propertymark will be responding to the consultation process and we are encouraging members to respond individually as well as feeding into our collective response through your regional representative, whose details can be found on the website. The consultation proposes that:
The Housing, Communities and Local Government Committee released their report on the draft Building Safety Bill this week outlining their concerns that the draft does not do enough to protect leaseholders. The report states that, in its current form, the draft legislation does not provide adequate protection against leaseholders paying the bill for work to remedy fire safety defects, this includes the removal of dangerous cladding. Among the 40 recommendations contained within the report was a review of ‘Building Safety Charges’, a new type of service charge that will be introduced to help fund future fire safety remedial work. However, the report states that these new charges will make long leaseholders of higher-risk buildings liable to pay, making the charges a mechanism for ensuring residents foot the bill, rather than funding the cost of future work. What is the Building Safety Bill? The Building Safety Bill is a new piece of UK Government legislation aimed at reforming the regulations surrounding the safety of high-rise buildings in the UK. A major part of the UK Government’s response to the Grenfell Tower tragedy, it is currently being scrutinised while in draft form, but is expected to be brought to Parliament early next year. In September, Propertymark responded to the pre-legislative scrutiny of the Draft Building Safety Bill with a number of concerns, including the way in which the Building Safety Charge is structured, which will make it much easier for building owners to pass the costs of remedial work to leaseholders. ‘Propertymark response to draft Building Safety Bill‘ Lack of detail forces urgent question The Housing, Communities and Local Government Committee also highlighted in their report a lack of detail and an over-emphasis on legislation and regulation that has not yet been published, making it ambiguous as to how the new regulations would work in practice. In light of the concerns the Committee provided in their report, Clive Betts MP, Chair of the Committee, tabled an urgent question to Government on Tuesday 24 November on whether leaseholders are expected to pay for the removal of dangerous cladding, with the Housing Minister Christopher Pincher MP taking the despatch box to represent the Government. During the session, MPs repeatedly outlined concerns their constituents had about letters requiring them to pay for the removal of cladding and extreme service charges while the UK Government delayed their response. The Minister stressed that the UK Government writing a blank cheque to developers sends the wrong signal and costs for removing unsafe cladding should fall on those responsible, which includes developers, building owners and other stakeholders. However, he could not guarantee costs will never fall to leaseholders in some circumstances. The Minister was keen to highlight the recent ‘win’ of ensuring that External Wall Fire Review forms (EWS1) are no longer required for buildings without cladding, however, one MP highlighted that this had not been formally agreed, with UK finance and the Building Societies Association not yet backing the announcement. It is pleasing that the Committee has agreed with Propertymark that there needs to be greater protections for leaseholders, including reducing administration and costs, as well as more clarity for those involved in managing property. In particular, greater guidance and support will be needed for Building Safety Managers and Accountable Persons to deliver the new regime as well as the need for the Building Safety Charge to be incorporated into existing Service Charge arrangements. We will continue to press for a holistic approach to ensure that the New Homes Ombudsman works alongside existing, and proposed, regulation of home buying and selling to deliver consistency for consumers moving between property on the existing market and purchasing new build property. Mark Hayward NAEA Propertymark Chief Executive
Some tenants who are self-isolating because they are higher risk may face other challenges apart from the direct risk and impact of the virus, Agents are a key part of local communities and can provide housing and support to those in need. Propertymark has joined forces with the Alzheimer’s Society to highlight issues those with dementia or vulnerable are facing aside from the unprecedented times the pandemic brings. Even before Coronavirus, those living alone or with cognitive difficulties such as dementia may not know how or be able to get the essentials they need, such as food and medication. Some people, unable to visit local stores and with not enough delivery slots to accommodate the need, are finding they are not able to get food at all. This puts people at high risk of malnutrition, starvation, or other health issues caused by missing medication. Many people live alone with no relatives nearby to support and many will not have internet access, meaning they can’t order a food delivery or search for other local support. These issues also greatly increase the risk of isolation and loneliness. Before Coronavirus, over a third of people with dementia said they felt lonely. Chronic loneliness is as bad for your health as smoking 15 cigarettes a day. Many people in self-isolation will not be having any social contact at all. The long-term effects of this could be devastating. How agents, even if self-isolating, can offer extra support for vulnerable tenants who are also self-isolating Considering the additional risks that vulnerable tenants may be facing, agents and landlords may wish to offer extra support to your tenants to help them keep safe and well during this time. While it is essential you make sure you are keeping safe yourself, you may be able to provide a lifeline to tenants who are isolated and scared. For many people, you might be their only local contact. Help could include: Assistance with receiving food and medicine Many people are volunteering to assist with deliveries of these items. If you wish to do this, you should reach out to your tenants to offer your assistance and liaise with them as to the best method of delivering items without physical contact. Agents and landlords can provide hands-off support by signposting them to other support. For example, they can make sure their tenants know about their local COVID Mutual-Aid community group or provide their tenants with the phone numbers for local shops and convenience stores so they can call up to place a delivery. Where tenants don’t feel confident placing their own deliveries, agents and landlords could offer to place the delivery on their behalf. Remember that communication can be challenging for people with other conditions, such as dementia. Think about whether the best way to get in contact is by phone, email, or letter, and remember that not everyone is online. Provide support by keeping in touch through regular phone calls, letters or emails just to touch base and have a chat Don’t underestimate the importance of social contact during this time. For some tenants, this could be the only social interaction they have and just to touch base and have a chat could mean an awful lot to someone as social interaction is essential to maintain wellbeing. Be proactive about getting in touch with your tenants as they may not approach you even if they need the help. But remember, it is essential that you are practicing social distancing through any of these activities. Signposting Agents and landlords can also signpost their tenants to other support, such as Alzheimer’s Society and Age UK, so they know who to call. Alzheimer’s Society is there to support anyone affected by dementia through this difficult time. If agents, landlords, or their tenants need advice, contact the Dementia Connect support line on 0333 150 3456 (open every day). For welsh speakers please call on 03300 947 400. Share this and other helplines with your tenants. #VolunteersWeek Propertymark Protected agencies across the UK have been pulling out all the stops and helping those in need during this difficult time. Follow us on Twitter and Facebook as we share the amazing things others are doing or share your generous work with us by tagging us in your posts.
The UK Government has on the 1st June 2020, released guidance on the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. There are three sets of guidance with separate versions released for landlords, tenants, and local authorities in England. Private landlords must ensure: Electrical safety standards are met when the property is occupied during a tenancy. Every fixed electrical installation at the property is inspected and tested at least every five years by a qualified person. The first inspection and testing are carried out before new tenancies commence on or after 1 July 2020 and by 1 April 2021 for existing tenancies. Key questions answered WHAT DOES ELECTRICAL SAFETY STANDARDS MEAN? Under the Regulations, electrical safety standards mean that the inspection and test of the installation is carried out in accordance with the eighteenth edition of the wiring regulations BS 7671:2018 (the national standard to which all domestic wiring must conform). WHAT SHOULD I DO IF I HAVE AN EXISTING REPORT? If the landlord has obtained a satisfactory Electrical Installation Safety Report which is less than five years old, they should review the report to see what was recommended on it and consider how the property has been let since it was carried out. If big differences to the property have occurred, then it would be wise to get another check done. If no changes have been made, then the report will remain valid until the next inspection date specified. WHAT TENANCY TYPES ARE COVERED BY THE REGULATIONS? The Regulations apply to all tenancies apart from those listed as excluded tenancies which are social housing, shared accommodation with a landlord or landlord’s family, long leases, student halls of residence, hostels and refuges, care homes, hospitals, and hospices as well as other accommodation relating to healthcare provision. DO THE REGULATIONS APPLY TO HOUSES OF MULTIPLE OCCUPATION (HMO)? Yes, if an HMO is a tenant’s only or main residence and they pay rent, then these regulations apply to the property. Furthermore, these Regulations repeal the previous legislation which set requirements on HMO landlords. WHAT ABOUT NEW BUILD PROPERTY? The Regulations stipulate that all rented properties – even new builds – should have their electrical installations tested every five years. The Electrical Installation Certificate will certify that electrics are safe when they are put into service, but it will not identify any damage, deterioration, or defects that take place subsequently. After five years of use as a rented property, the UK Government believes it is sensible to ask landlords (who have not been living in the property) to ensure that the electrical installation is still safe. WHO CAN CARRY OUT THE CHECKS? Any Electrical Inspector employed to undertake the electrical inspection and testing within the property must have: Adequate insurance. This should include at least £2 million public liability insurance and £250,000 professional indemnity insurance. A qualification covering the current version of the wiring regulations (BS 7671). A qualification covering the periodic inspection, testing, and certification of electrical installations. At least two years’ experience in carrying out periodic inspection and testing See www.electricalcompetentperson.co.uk and www.napit.org.uk/member-search.aspx How do the rules interact with the guidance because of COVID-19? The UK Government recognise that the restrictions imposed by current measures to minimise the infection risks from COVID-19 may make carrying out electrical safety checks more difficult, for example where households are isolating or where an individual has been advised to shield. Under such circumstances, provided the landlord can demonstrate they have taken reasonable steps to comply, they would not be in breach of their legal duties.
ARLA Propertymark has responded to the UK Parliament’s Housing, Communities and Local Government Committee’s (HCLG) Inquiry into the impact of Coronavirus on homelessness and the private rented sector. The aim of the Committee’s Inquiry, which closed its deadline for written submissions on Tuesday 5 May, is to examine how effective the UK Government has been in supporting individuals in the private rented sector. It is also examining what long term strategies would need to be put in place to support both groups, once current measures expire. Propertymark highlighted the positive steps the Government has taken to support the private rented sector during the pandemic such as extending business rates relief and including commission in furloughed pay. However, concerns remain about access to support for agents who are self-employed and the disparity in how the Small Business Support Grants are being administered by different local authorities across the country. Furthermore, for renters, Propertymark remains concerned that while general awareness of the Government’s policies aimed at helping renters is modest, actual knowledge of the policies among renters is low. Action is needed Support for self-employed agents – Some Limited company directors and small businesses have fallen between the Government’s economic support packages. To support this segment of the employment market the Government could ask company directors to self-report their average dividend income in order to obtain a similar measure of support to the 80 per cent of income that self-employed and PAYE workers can access. Furthermore, agents who are self-employed had to have filed their 2018-19 tax return by 23 April 2020 to receive support under the Self-employment Income Support Scheme. However, if they had more recently become self-employed, such as from April 2019 it is not clear what support is available. In addition, payments will not be made until June 2020 which means three months of no income when many agents continue to have bills and overheads to pay. Improve renters’ knowledge of support – There is lots of Government support available that should allow tenants to continue to pay their rent and landlords to have an income if rent payments do stop. However, not enough is being done to explain and highlight these policies. In order that rent payments continue to be paid and the Government keep the rent flowing, renters and their landlords need to take full advantage of the Government schemes available during this difficult period. Current issues Suspend the introduction of mandatory electrical checks – With the added complications of Coronavirus, the supply chain capacity issues have got significantly worse, and therefore, the Government should suspend the introduction until such time as it is possible for the industry to practically implement the legislation. Review and update guidance on maintenance and safety checks – 70 per cent of agents who Propertymark surveyed said that the Government’s guidance on what to do for compliance checks during the outbreak is clear and helpful. However, agents are facing problems getting routine maintenance and safety checks at the properties they manage completed. Agents and landlords want to do the best by their tenants and are understandably nervous about falling foul of regulations and therefore, we ask the Government to review and update the guidance already issued. Post lockdown Provide more support on rent payments – Survey results from Propertymark members show that nearly all have said that up to a quarter of their tenants have missed a rental payment since the Coronavirus outbreak. Consequently, three things need to happen to further assist renters. Firstly, more needs to be done to explain the support available from the Government. Secondly, the Government must suspend the five weeks Universal Credit payment period with all payments made in full and paid directly to the letting agent or landlord. Thirdly, for those tenants who fall through the gaps in the Government’s current provisions should be able to apply for their rent to be paid via Universal Credit. Postpone the introduction of all licensing schemes – Members are alarmed that a number of Councils are ignoring guidance issued by the Ministry of Housing, Communities and Local Government which says that where local authorities are in the process of introducing non-mandatory licensing schemes, but these are not yet in force, they should consider pausing these at an appropriate point, in line with the advice on proactive and reactive work. The Government must ensure local authorities postpone the introduction of all licensing schemes until the market can recover from the impacts of COVID-19. Separate rent arrears before and during the pandemic – Propertymark’s survey figures from members show that for the majority (78 per cent) the passing of legislation to delay eviction proceedings has impacted on up to ten tenancies they manage and between ten and 20 tenancies for 13 per cent of agents. Members are concerned about the speed in which cases will be able to be heard in the courts and the backlog of cases from before the Coronavirus Act was passed and those cases lodged during the outbreak and after the restrictions are lifted. click here for The full response The Committee will take oral evidence on the impact of COVID-19 on homelessness and the private rented sector on 11 May 2020. Propertymark will keep the sector updated on any further progress. WHAT PROPERTYMARK IS DOING Propertymark has been in constant dialogue with Governments across the UK and will continue to push concerns and get the answers the sector needs. Keep updated with the latest information and guidance by following and liking the ARLA Propertymark Facebook and Twitter pages and visiting our website for frequently updated news articles. If you’re a member, ensure you’re reading Propertymark’s communications as we’re working hard to ensure you are at the forefront of change in the sector. You can also login to the members’ area of the ARLA Propertymark website below to access dozens of resources that have been created to help you strive during this difficult time.
