New Housing Act regulations to affect landlords

7th Apr 2009

Fresh regulations designed to raise standards in private rented houses in multiple occupation have come into force within the last week.

Landlords who run their properties well have nothing to fear but those who do not may find their local authority exercising its new powers to make sure homes are well managed and safe to live in.

The new powers are additional provisions to the Housing Act 2004 and came into force on April 6.
Many local authorities already keep a register of houses in multiple occupation (HMOs) but the new regulations bring in mandatory licensing of high risk properties to protect the most vulnerable tenants, in particular those in our inner cities.

An HMO is defined as an entire house or flat, or a house converted entirely into bedsits or other non-self-contained accommodation, which is let as their main residence to three or more tenants who form two or more households and who share a kitchen, bathroom or toilet.

Properties with three or more storeys and occupied by two or more households comprising five or more people are considered high risk and are subject to mandatory licensing.

Councils may bring in additional licensing for other types of multiple occupancy properties to address particular problems, and they have the power to prosecute anyone who does not hold the necessary licence.

With improvements in standards at the heart of the legislation, the duties of property managers have also been tightened up. Those who fail to comply may face criminal sanctions.

The duties range from the landlord?s contact details being made available to every tenant to his providing sufficient rubbish bins.

Their responsibilities regarding safety include ensuring all fire escapes are kept clear and fire fighting equipment and alarms are maintained in good working order; that roofs and balconies are safe and staircase windows are safeguarded to prevent injury.
Handrails, banisters, windows and other means of ventilation must be kept in good repair, stair coverings must be fixed and there must be adequate lighting in common areas.

The landlord must ensure the water supply and drainage system is in good, clean and working condition; that water storage receptacles are kept covered; and that pipes are protected from frost damage.

Every gas appliance must be tested at least once a year and every electrical installation tested no more than every five years by recognised engineers, with certificates supplied to the council within seven days if requested.

Local authorities can make a management order to take over the management of private rented property that is subject to licensing but to which they do believe they can grant a licence in the future. The same power can be used when they believe the welfare of tenants to be threatened.

Councils can also make an interim management order to crack down on anti-social behaviour. They can step in if there is a significant and persistent problem at a house where the landlord is failing to take appropriate action.

This is only a summary of the new rules and landlords are urged to seek advice as enforcement against those who fail to meet their duties may now be more likely.

 

Author: Bryan Hoare (info@bhplaw.co.uk)