TheSwan

Registered with Property118.com
Friday 26th February 2021

Bio
Landlord with a small portfolio of properties who is feeling oppressed with all the changes to landlord legislation.


Latest Comments

Total Number of Property118 Comments: 14

TheSwan

8:57 AM, 31st March 2021
About 2 weeks ago

Councils using 'Intelligence' to track down low EPC properties and fine £5,000

Reply to the comment left by Penny Lyon at 30/03/2021 - 13:28
The original article may have been about councils uncovering landlords who own properties with a rating of F and G and not landlords who don't have an EPC, but I was slapped with this fine anyway despite the fact the fine was unjust and they didn't even try to find out the facts before hand. They didn't immediately back down when I pointed out the length of the tenancy either and I had to resort to quite lengthy legislation to point out that they were wrong. I mention it here because it seems that they fine first because it's easier and other people with no EPC who don't need one will be put under the same stress as I was.... Read More

TheSwan

12:56 PM, 30th March 2021
About 2 weeks ago

Councils using 'Intelligence' to track down low EPC properties and fine £5,000

Gunga Din.

From 1 April 2020, all domestic lettings (including existing) must achieve an “E” rating or better """"BUT ONLY IF"""" they have ever had a rating (and this is where I defeated the council as my property has never legally needed to have had an EPC so doesn't have a rating to start with. It's all there in the legislation and government tools that I am right.)

Should my tenant move out, the property will then be sold, but the lady doesn't want to move (I've not changed the rent in the 13 years she lived there as she is a model tenant and maintains the house beautifully, so I consider the rent reduction as her reward).... Read More

TheSwan

12:39 PM, 30th March 2021
About 2 weeks ago

Councils using 'Intelligence' to track down low EPC properties and fine £5,000

Exactly my point Luke. My rental in question has UPVC windows and doors, 300mm loft insulation and a condensing boiler already. Getting this to a C could be a struggle without tens of thousands of outlay for solid wall insulation (and yes I looked into this). It's a very low value, ex council, early 1900s house so there is no benefit to spending loads going further with upgrades. Had I been brought inside the regulations this lady would find herself made homeless by the government. Not everyone without an EPC is a "chancer". I do not legally require an EPC for this one house, all of my other rentals have them. Just because a house doesn't have an EPC it doesn't make it a bad house, some houses struggle to get a higher EPC value because they are heated by oil or electric. EPCs only measure energy and take no account of a property condition and presentation. I wonder what the EPC value of Buckingham Palace would be, I doubt they upgraded to UPVC, gas fired radiators throughout and external solid wall insulation!!!... Read More

TheSwan

11:55 AM, 30th March 2021
About 2 weeks ago

Councils using 'Intelligence' to track down low EPC properties and fine £5,000

I was recently sent a compliance notice to get an EPC or face a £5000 fine. Our council was used for the pilot scheme to test whether pursuing these kind of fines was viable. I was given 32 days to comply as my rental house does not have an EPC or get a fine. The council concluded that my property was a rental by physically sending a person from the council to knock on the door and ask the tenant if they were the owner (during the lockdown). We dont have licensing in our area so theres no reason to declare a houses occupancy to anyone.
My property does not require an EPC because the tenant moved in before the requirement to have an EPC became law (01/10/2008). No new tenancy has been issued, there has been no change of tenant and no change to the tenancy contract. I also had the correct periodic tenancy agreement in place too.
I used the governments own legislation to defeat the council and they apologised and withdrew their compliance notice in writing. I'm happy to share the links should anyone be in the same situation as me (your tenancy must have been in place, without chance since before 01/10/2008). If this doesnt apply and you dont have an exception then please please get yourselves an EPC and upgrade properties to an E as they will find you and they will fine you.
Incidentally, my property would be a high D rating (I have a friend who does EPCs who assessed it for me without logging the result), I didnt want to have the result logged as then my property would fall inside the requirement to make it a C rating in 2025.... Read More

TheSwan

9:32 AM, 18th March 2021
About 4 weeks ago

Shelter - Private renters are twice as likely to feel depressed

I don't even have any non paying renters and I'm terrified by all the legislation changes. I recently recieved a council compliance notice for one of my properties with a £5000 fine attached if I didn't do what they wanted. They had issued this without checking their facts about the property. I defended the notice using the current legislation and a month later they apologised by phone and withdrew the notice in writing. It was a month worth of extreme stress for me though as I hate bullies and knew that they were wrong and I was right but it was me that faced the fine, not them. The council officials would sleep well in their beds each night whilst I was left wondering why I bother being a landlord in this changing world. When I started 14 years ago, things were much simpler and better. I've only a small handful of properties and all of my current tenants are long term, good payers and nice people. I'm ready to buy another house now, but I'm finding it hard to convince myself that it's worth the gamble given the up-and-coming legislation changes.... Read More