New safety rules to further deplete our profits! surely not?

by Readers Question

11:27 AM, 28th September 2016
About 2 years ago

New safety rules to further deplete our profits! surely not?

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New safety rules to further deplete our profits! surely not?

My letting agents are telling me that I need to comply with new rules relating to safety by the end of the year – is this a national thing or just in Scotland?health and safety

Despite not having a legionnaires check, EICR, PAT test, two smoke detectors (if on one floor) and an interlinked heat shield in the kitchen in my own house, I am to have these in all my rental properties!

This is working out to be around £500 per flat and I have quite a few flats giving me a bill in the tens of thousands – can this be right?

I am not a slum landlord, every property always had an EICR, PAT, gas safety test, a hard wired smoke detector and a co2 detector in each flat and thought this would suffice!

Not anymore!!!!!

Any way to ease the pain?

Ken



Comments

Mike W

12:01 PM, 28th September 2016
About 2 years ago

Ask your agent exactly where you can find this information requirement on the Scottish Govt website or provide the necessary weblink to the requirement. I would be interested to know, so if you get that info please post it.

Rod Adams

13:17 PM, 28th September 2016
About 2 years ago

I'm afraid you letting agent is correct and these new measures only apply in Scotland. I have to say you'll be doing well to get the whole lot for £500 per property!

You can save a few quid by doing the Legionella risk assessment yourself. Templates are readily available on the internet and its not rocket science despite what some of those selling this service may tell you. Also worth noting that the only item which carries a criminal offence for non compliance is the gas safety certificate. The others are all under the umbrella of the 'Repairing Standard' and are generally not policed unless a tenant raises an issue with the Private Rented Housing Panel, the general resource being an instruction to comply.

Regards,

Rod.

Donald Tramp

15:42 PM, 28th September 2016
About 2 years ago

I'm also in Scotland and operate 3 HMO's. I recently told my new leasing agent where to go when they asked about getting a contractor in to do this. There is no legal requirement to get a specialised contractor in. I asked if it was a legal requirement and they responded back saying "it was becoming so" NONSENSE. It isnt a legal requirement to get a contractor in. See hmrc guidance here...
http://www.hse.gov.uk/legionnaires/faqs.htm#Risk-assessment
It isn't rocket science. If you are even the slightest bit handy when it comes to diy it's a piece of cake. There was a negligible chance of it in my properties and I'm not paying a fortune for someone to come and tell me the obvious.

Paul Maguire

20:39 PM, 28th September 2016
About 2 years ago

Reply to the comment left by "Donald Tramp" at "28/09/2016 - 15:42":

I had an HMO inspection today in Edinburgh and Legionaires Risk Assessment wasn't required [although I had one done].

Rod Adams

20:44 PM, 28th September 2016
About 2 years ago

Yes, bit of an anomaly there. The legionnella assessment is required under the Repairing Standard but is not a requirement for an HMO licence. You couldn't make it up.

terry sullivan

6:04 AM, 29th September 2016
About 2 years ago

Reply to the comment left by "Rod Adams" at "28/09/2016 - 20:44":

with nutty nickys mob--you do not need to make anything up--the snp will plumb the depths

Miascot

19:12 PM, 29th September 2016
About 2 years ago

Half my portfolio is let via a third party to Edinburgh Council so I asked what their position was on this!

They stated that they will not be asking landlords to do any of this (other the the legionnaires test) until the current EICR ends or a new tenant is moving in. They say that my properties complied with the law when the EICRs were done initially and these are good for 5 years.

They pointed me towards the SAL (Scottish association of landlords) website where there is lots of information to support their stance but unfortunately I am not a member - anyone know what the SAL view is?

This is all contrary to what the agents say who are taking their information from the PRHP website which is in double Dutch

Renting property out is becoming a nightmare - lucky it is just an investment & not a business LOL

Miascot

19:21 PM, 29th September 2016
About 2 years ago

Forgot to say I have no plans to visit all my properties to do the legionnella assessment - might save a good few quid but what is the point when they are planning to bankrupt me anyway.

A slap in the face at every turn!

My brother has a portfolio in Aberdeen and the local council are chasing him for non payment of council tax for properties he let out in 2006 to date!!!! He explained he is a registered landlord, never lived there, produced his own council tax records for his own residence but they are asking him for proof and say a lease is not proof! Council have no interest in listening to him and have called in the sheriff's officers to deal with it - the country is going mad!

Time to join Mark in Malta!!

Paul Maguire

20:10 PM, 29th September 2016
About 2 years ago

The flat I had the HMO inspection on had just had a refurb [no tenants] and a new EICR. I sent through the Legionaire's Risk Assessment but was told it wasn't needed but they'd keep it on file in case it became a requirement in the future.
I'm pretty sure the Courts would accept lease agreements as proof in your brother's case. At least they have sets of rules they have to follow whereas councils just make them up as they go along. I heard that the compulsory carpeting of wood floors in rented accommodation was instigated by an employee who owned a noise insulation company and the rule got dropped when he left council employment. Councillors are just trainee politicians....in my view.

Miascot

18:28 PM, 1st October 2016
About 2 years ago

Reply to the comment left by "Rod Adams" at "28/09/2016 - 13:17":

Rod

You said

"Also worth noting that the only item which carries a criminal offence for non compliance is the gas safety certificate. The others are all under the umbrella of the ‘Repairing Standard’ and are generally not policed unless a tenant raises an issue with the Private Rented Housing Panel, the general resource being an instruction to comply"

One of my agents who looks after around 8 for me quoted the PRHP guidelines and they took from them that it was compulsory - do you think I can go back to them and say I am not doing it? I told them a year ago when they were pushing me to comply that they would lose my properties if they continued to push and they stopped until recently. I don't really want to change agent particularly if the other agents are taking the same stance.

Thanks

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