Councils using ‘Intelligence’ to track down low EPC properties and fine £5,00015:08 PM, 29th March 2021
About 2 weeks ago 36
I was recently advised by the local Private Sector Housing Enforcement Officer that, because of “The Housing Health and Safety Rating System (England) Regulations 2005”, I have to fit fixed heating to a flat that is under an old Protected Tenancy where I don’t get a fair and proper rent.
The flat has open fires which met the requirements of the original contract and I am saying that if they want me to fit fixed heating they must enter into a new contract.
The Council are reluctant do this because, by entering into a new contract it would mean I get a fair and proper market rent and not the reduced rent of a protected tenancy.
My argument is that they can’t change the contract requirements without entering into a new contract.
I asked them to show me where it says that contract law is overruled by the “The Housing Health and Safety Rating System (England) Regulations 2005”.
Their Solicitor has responded saying “The contractual tenancy agreement between the Landlord and Tenant does not take precedence over the Act or the Regulations”.
But, the way I see it, this does not mean that the Act or Regulations takes precedence over the Tenancy Agreement.
Does anyone have any thoughts on this.
It could be a good way of forcing the councils into new contracts and therefore abolish the old protected tenancies.
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