Richard Lord

Registered with
Friday 13th September 2013

Latest Comments

Total Number of Property118 Comments: 6

Richard Lord

19:23 PM, 13th November 2013, About 8 years ago

HMO Question - are basins in bedrooms mandatory?

I refer to my earlier answer- Reg 12 is relevant for S 257 flats if licensed in an additional scheme AND also Part 2 mandatory HMO's.

Ultimately this is a matter for the person who posed te questions and the local LA. In my opinion the LA have not read Reg 12 properly.... Read More

Richard Lord

16:15 PM, 13th November 2013, About 8 years ago

HMO Question - are basins in bedrooms mandatory?

Dear Industry Observer.

Like all regs the devil is in the detail. You are correct that regulations 1-11 apply to S 257 flats only . You are also correct that the 2006 regs do not apply to s S257's.

Careful reading of the 2007 regs shows that Reg 12 applies to any HMO that requires a licence. This set of regs have amended the prescribed standards for all licensed HMO's - including wash hand basins by adding the words reasonable practicable.

Ultimately the RPT is the main adjudicator in these disputes and i imagine will also also decide what reasonable practicable means.... Read More

Richard Lord

10:50 AM, 13th November 2013, About 8 years ago

HMO Question - are basins in bedrooms mandatory?

It appears that LA standards are a bit behind the legislation requiring wash hand basins in every room.

Originally this was a requirement under the Licensing and management of HMO regs 2006 statutory intrument number 373 Schedule 3. This set of regulations was then replaced by the Licensing and management ( additional provisions) regs in 2007. SI 2007:1903

In effect the requirement has been replaced by the reg that states "where resonable practcable there must be a wash hand basin" . have a look at the regulation which is in reg 12 as it ammends the original regulations.

If the LA are determined to require you to install WHB in each room and it appears on the licence you may need to consider an appeal to the RPT as the condition may not be correct. It may come down to whether the installation of basins is resonably practicable or not.

If you need some further assistance contact me.... Read More

Richard Lord

17:08 PM, 13th September 2013, About 8 years ago

Alternative to licensing/accreditation? Bad landlords, look away now!

I have read the comments with interest and feel the need to comment from a regulatory position, I am an ex local authority EHO just starting as a independent consultant.

From my position as neither landlord nor tenant one of the most important things to consider is fire safety, electrical safety and adequate amenity provision. As this discussion started from an HMO licensing string I think that any self regulation scheme must just do that, It should be able to prove that the HMO management regulations are being complied with properly and that fire safety risk assesments are propelry undertaken and reviewed.

Then of course there Part 1 of the Housing Act 2004 ( HHSRS) and the removal of any category 1 hazards for example damp and mould growth, fire safety, excess cold etc. Could any self regulation scheme require all properties to be assessed against the HHSRS 29 hazards befor a star is awarded? and what about a star for proving that the HMO management regs are compled with through regular audited checks.

I think that self regulation is an excellent idea to take the pressure off local councils facing cuts. They need to enforce against those who cannot or will not make the effort to comply leaving those who comply or ask for assistance to comply and do a good job (and can prove it through a proper audit trail) alone to manage.... Read More

Richard Lord

14:39 PM, 16th March 2013, About 9 years ago

Self Closing Fire Doors - Issues in HMO's

Freda-There is simply no automatic requirement for a fire door to the kitchen in a low risk student shared HMO, if sound well constructed doors were in the frame in the first place. The requirement for a fire door has to be part of an overall fire risk assessment after taking into consideration factors such as -is the house layout traditional with the escape route not passing through a risk area, what was the existing door, ( if glass or hollow core then i agree they have no place as part of kitchen separation) what alarm system is in place, are the tenants strangers, are there any obvious extra risky behaviours ( candles, smoking in the house etc). If the Council cant prove the additional burden of risk and the is no category 1 hazard then I cant really see how they can serve an improvement notice and hope to defend it in the RPT. There is no longer a box to tick that equates kitchen with fire door.

Like always I dont know the house, this is a general comment based on a typical two storey low risk HMO..

I woud suggest that if you have the time and inclination you get a copy of the of the LACORS national fire safety guidance and familiarise yourself so that you are in a postion of strength to argue future requirement for unnecessary improvements.... Read More