The Enforcer

Registered with Property118.com
Wednesday 4th November 2015


Latest Comments

Total Number of Property118 Comments: 6

The Enforcer

8:17 AM, 21st February 2017
About 2 years ago

What information must I give in HMO application?

The information the Local Housing Authority MUST ask for is laid out in Schedule 2 of The Licensing and Management of Houses in Multiple Occupation and other Houses (Miscellaneous Provisions) (England) Regulations 2006.

To be specific to the question Jamie asks:

Schedule 2, 2 (e) details of other HMOs or houses that are licensed under Part 2 or 3 of the Act in respect of which the proposed licence holder is the licence holder, whether in the area of the local housing authority to which the application is made or in the area of any other local housing authority;

Note, it is only properties that he holds a licence for that need to be declared, not every property he owns.

The purpose of the requirement to disclose is so that a Local Housing Authority can check with other Local Housing Authorities whether the applicant is managing their other licensed premises correctly.... Read More

The Enforcer

14:30 PM, 12th December 2016
About 3 years ago

Carbon monoxide alarms

Solid fuel burning devices are more likely to cause CO poisoning because they have a single combustion chamber and, for example, if the door isn't closed properly and the wood is smouldering before going out then the CO can leak into the living room. Also chimneys are more likely to get blocked by bird nests etc.

Gas boilers have a sealed combustion chamber so there is less chance of the CO leaking back into the room and the flue is less likely to be roosted on by a pigeon. As opposed to the little hot water boilers you hear of that cause deaths as they are old style with no sealed combustion chamber. Gas burners also burn fully and then go off, rather than smoulder on.

I seem to remember somewhere that there is a legal requirement to do an annual service on solid fuel (or at least open fireplace) installations similar to that required for gas appliances, but I can't remember which legislation (possibly Section 11 of Landlord and Tenant Act 11985).... Read More

The Enforcer

14:44 PM, 24th October 2016
About 3 years ago

Damage deposit from DSS tenants?

You can take a deposit in instalments BUT you must lodge the whole deposit with the appropriate Tenancy Deposit Scheme and then keep a separate account detailing the instalments paid. Don't know if your tenancy agreement should include a clause about the deposit being paid in instalments but if the agreement says a deposit of £500, then that is what must be protected even if you haven't received it all when the tenancy is signed.... Read More

The Enforcer

15:23 PM, 10th October 2016
About 3 years ago

Charges on a prospective property purchase?

There are a number of different charges that can be applied to a property, the simplest arises where the owner owes a person (local authority) money but didn't pay the invoice.

In this instance your money goes to your solicitor, then to his solicitor. This solicitor then pays the charges and passes whatever remains to the owner.

The problems usually occur when no searches are done on Local Land Charges and the house gets sold without the local land charge being paid. As the charge is on the land, it passes to the new owner. Often happens at auctions.

In the care example, the proportionate amount of the care cost will be paid to the care authority, the remainder being paid to the seller.

Some mortgage holders have a charge on the property which means they have to agree the sale - in effect it means they have to be notified of a sale so the owner can't cash in a do a runner without the mortgage company knowing.

Don't know anything about perpetual rents.... Read More

The Enforcer

11:16 AM, 6th September 2016
About 3 years ago

The criminalisation of landlords by Durham Council

Housing Act 2004 ; Schedule 5; para 2 - The reference to demanding a reference, and it only applies to Selective Licencing areas.

A section 21 (currently) is not affected by a reference not having been demanded

Written proof of the demand is always best; be it letter, email or text message.

The prosecution was for not adhering to the licence conditions, one of which is the condition in Schedule 4.

The Durham Council news article is here
http://www.durham.gov.uk/article/7632/Landlord-prosecuted-after-failing-to-provide-references... Read More