Tag Archives: gas safety

Help regarding being a victim of subletting Latest Articles, UK Property Forum for Buy to Let Landlords

A well known national letting agency franchise office based in Ealing advertised flatshare, I viewed the property and agreed to pursue a tenancy. My agreement is for the duration of 3 months, all bills included.

The tenant I share the flat with (Mr G) was claiming to be a tenant at first with the agent supporting this but is now claiming to be the landlord and he has been subletting this property out for four years. We have written and audio proof of this.

The agent (who has close relations to the tenant acting as landlord) has confessed that his ‘client’ is subletting.

The owner of the property currently resides in South Australia.

I have reason to believe Mr G is committing benefit fraud as a result of all he has divulged to me regarding his five bedroom villa in Iran and and in Inverness of which he put the ownership in his daughter’s name. He is in receipt of many state benefits including disability claiming he cannot work and earn.

Neither Mr G, acting as my landlord, nor the agent can provide me with a current valid gas safety certificate. I have seen a photocopy of one issued in 2010. Mr G is refusing to provide me with gas central heating, he cannot provide a valid reason of refusal. Two different employees from two different energy companies checked our gas facility two weeks ago and concluded that the cooker is unfit for use and needs replacing for safety reasons and there is an issue with the box that links to the boiler. Mr G is refusing to consider the law and the health and safety of others by not addressing these repairs.

I have documents that state that Mr G is the landlord, which prove he is subletting to me but I have not been provided with documentation to prove whether he may or may not have the actual landlord’s permission to sublet the property.

These are also the points I have raised with the property owners own letting agents, another very large national firm. They have been very sympathetic with my predicament, however, they do stress that the actual landlord “may seek legal action to remedy this situation” and that the actual landlord has no legal obligation to me. I completely understand this and assume this to mean I must leave the property ASAP, although, according to Shelter, my tenancy agreement with the illegal landlord, Mr G, still stands and I have until 3rd December to vacate the property. We are getting conflicting advice so don’t know which way to go next.

Could you please suggest anything?

Thank you so much for your assistance.

Best Wishes

Mrs Saadeh

Council of Letting Agents call for Scotland’s dangerous electrics to be outlawed Landlord News, Latest Articles, Lettings & Management

The Council of Letting Agents has today called for better electrical safety standards in Scotland’s privately rented properties.

Speaking at their inaugural conference, Council of Letting Agents (CLA) Convenor Kathleen Gell said: “Scotland depends upon the properties that our letting agents manage. People rely on these properties for their homes and they need to be safe. We have national standards and regulation for gas safety, but the same is not in place for electrics and that needs to change.”

“The only way we can guarantee to keep properties and tenants safe is to regulate electrical safety to a national standard and publicise this as well as gas safety.

Research reveals that there are on average 70 deaths a year in the UK from electrical fires and that Scottish homes are at a disproportionately high risk from these. It has also been shown that tenants of private landlords are more likely to be at risk of electric shock than home owners.

The private rented sector is growing – the number of dwellings provided by private landlords has risen from 115,000 in (5% of all homes) in 1999, to 267,000 (11% of all homes) in 2011 and all indications point to that trend continuing.”

Kathleen Gell continued: “There have been great improvements in this sector with compulsory registration for landlords and the introduction of the tenancy deposit scheme, but we will fall behind on basic safety if we do not act in this area too.”

“We want there to be compulsory checks on wiring and appliances in rental properties. There are standards we could use (Electrical Installation Condition Report (EICR) and Portable Appliance Testing (PAT) ), but we need some teeth to enforce them – we cannot afford any grey areas.”

“Many letting agents already require this level of safety check, but it cannot be enforced: there is no national standard to adhere to and landlords wishing to avoid the cost of a safety check, simply go elsewhere to lease their property.”

“The private rented sector is a major part of the housing landscape in Scotland. We have a duty of care to the people who depend on it for their homes and we need to make sure it is safe.”

61 percent of tenants could have out of date gas safety certificates Landlord News, Latest Articles

There has been a rise in Landlords failing to get up to date gas safety certificates and 61% of tenants could be at risk from faulty gas fittings according to a survey conducted by SpareRoom.co.uk.

The latest survey of UK tenants revealed that potentially 37% are now renting properties that have out-of-date gas safety certificates, which is up from 34% two years ago. More than a quarter (26%) of renters had never seen a gas safety check carried out while they had been renting the property – up from 22% in 2011 – while one in 10 (11%) said the last gas safety check, which must be completed annually, was carried out more than 12 months ago.

An additional 24% of tenants surveyed were not aware that a gas safety check had been carried out in the last 12 months but could not be certain either way, which means as many as 61% of renters could be at risk from unsafe fittings and appliances across the UK. That’s up from 56% in 2011. The table below compares the results of surveys on gas safety carried out by SpareRoom in 2011 and 2013:

Renters were asked: ‘If you’ve been in your property over a year, when was your last gas safety check carried out?’	2011	2013
Within the last 12 months	44%	39%
More than 12 months ago	12%	11%
Never	22%	26%
Don’t know	22%	24%

Landlords are legally required to perform annual gas safety checks on their properties to ensure all gas fittings and appliances are operating safely and efficiently. It’s a landlord’s responsibility to arrange for a registered Gas Safe engineer to carry out this check, and to provide tenants with a copy of the gas safety certificate to prove that a gas safety check has been carried out.

The survey highlights that more and more landlords are failing to adhere to this basic legal requirement, leaving tenants at risk of injury and landlords at risk of prosecution if a tenant was to suffer a gas-related injury or died as a result of a gas leak or explosion.

According to the latest figures from the Health and Safety Executive (HSE), 4 people died and 333 were seriously injured in the UK last year from fire exposure, explosions, carbon monoxide poisoning and other forms of gas-related exposure.

Matt Hutchinson, director of SpareRoom comments: “Landlords have legal obligations to carry out annual gas safety checks but it seems awareness is slipping.”

“The current boom in buy-to-let has exacerbated the problem. While most professional landlords know the rules and are diligent in getting checks carried out, many amateur landlords may not even realise they need a certificate. It’s crucial that those thinking of letting properties or rooms get to grips with their responsibilities as landlords, and keep up to speed with any regulatory changes. Too many landlords are clearly forgetting their responsibilities once tenants are in place.”

Tenant refusing gas safety check Latest Articles, UK Property Forum for Buy to Let Landlords

I have a tenant who keeps making excuses for not keeping an appointment for an enginer to carry out the annual gas safety check.

He is in arrears to me for over £1,500 and I suspect he may have had his gas cut off for non payment of bills.

The previous certificate expired a couple of months ago and I’m wondering if I have any liability given the fact the tenant is responsible preventing the check.

Any thoughts?

Thanks

Adrian

Tenant Referencing Using Common Sense Advice, Latest Articles, Property Investment Strategies, The GOOD Landlords Campaign

Common sense tenant referencing was pretty much the only option available when I first became a landlord and started letting property in the late 1980’s.

In this article I am going to explain what my family do to find the next perfect tenant, right from the day an existing tenant let’s us know that they want to move out. More often than not these days, tenants think they can serve notice with just a phone call, email, facebook or text message – more about that later. Continue reading Tenant Referencing Using Common Sense →

Can I take a locksmith with me? Latest Articles, UK Property Forum for Buy to Let Landlords

I have purchased a property recently but have no keys for it.

The previous landlord says she cant find them.

I have tried to contact the tenant on several occasions but with no joy.

If I give her 24 hours notice in writing that I intend to visit the property to have the boiler checked for a Gas Safety Certificate am I entitled to force entry if i am refused?

I look forward to hearing from you

Regards

Tony

Is this “The DSS Landlords Ultimate Letting Package”? Latest Articles, Letting, Lettings & Management

Letting Supermarket have launched a new scheme which they have labelled “The DSS Landlords Ultimate Letting Package”.

The package includes:-

Visiting your property, taking particulars and floor plans.
Setting up an online account to store your documentation so it can be accessed at any time.
Advertising on all major portals including Rightmove and Zoopla
Viewings
Carrying out an inventory and schedule of condition at the property on check-in with the tenants. Inventory prepared by a qualified inventory clerk
Referencing tenants
Gas Safety Certificate as required (additionally charged)
Tenancy Agreements and guarantor agreements
Rent collected in advance with invoice and rental statement.
Rent Guarantee & Legal Expenses Cover (now available for applicants claiming benefits)
Check in / check out
Interim viewings
Rent collection
Deposit protection (if required). Note that most landlords taking this scheme do request deposits

The charging structure is quite complex as this is dependent upon the number of tenants, whether RGI can be offered and/or is taken up, whether some or all of the costs are to be passed onto the tenant etc. Needless to say, with Letting Supermarket it is always going to be extremely competitive. Quotations are obviously available upon request.

This new package is being released on 1st August 2013.

Letting Supermarket is a member of ARLA and carries professional indemnity insurance and client money protection.

Insurance is underwritten by DAS and administered by Let Alliance.

To register your interest please complete the form below.

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Rent to Rent Success Stories Advice, Landlord News, Landlords Stories, Latest Articles, Letting, Lettings & Management, Property Investment News, Property Investment Strategies, Property Market News, Property News, UK Property Forum for Buy to Let Landlords

There have been some real horror stories of Rent to Rent hitting the press of late and that’s not necessarily a bad thing as it raises awareness of the strategy.

However, what I’m looking for now are some success stories from property owners, investors and tenants.

I know for sure that the “Guaranteed Rent” business model, badged “Rent to Rent”, “rent2rent” or “r2r” for short over recent years has been operated for decades by some major operators.

Some examples which immediately spring to mind are Northwoods Letting agents which operate a Guaranteed Rent model on an agency basis.

Housing Associations and councils also offer fully repairing leases to property owners and then sublet the properties and that also fits within the rent 2 rent business model. Generally these schemes are utilised to increase the availability of housing stock required to accommodate vulnerable tenants.

Group 4 security are another major player in the sector. They typically offer landlords 5 year FRI leases with permission to sublet too. G4 then utilise properties they are leasing for rehabilitation purposes.

For some property owners I can see the attraction, although it’s not a business model which appeals to me personally.

The allure of guaranteed rent, albeit below the market rental value, sometimes significantly, has to be one of the main features of attraction. For property owners who don’t see themselves as landlords, the ability to offload everything related to regulation must also be attractive.

My research has uncovered two business models to date. The first is the commercial lease model. This is where the investor leases a property from the owner and takes on the responsibility for all compliance as well as returning the property to the owner after an agreed period in the same state of repair. The contract terms for these arrangements tend to be for 5 years or less. This is so that notice can be served to enable the property owner to contract out of the provision of the Landlord and Tenant Act so that the owner does not become obliged to extend the lease. The responsibilities relating to being a landlord are transferred from the property owner (the lessor) to the investor (the lessee) in much the same way as when a leasehold flat is purchased. For example, if the property is sublet without a Gas Safety Certificate and subsequently explodes in the middle of the night killing all occupants, it would be the lessee who would be responsible, not the freeholder/owner/lessor of the property.

The second business model is a management contract which is the model used more traditionally by letting agents offering Guaranteed Rent. In this instance the landlord remains ultimately responsible for the laws governing landlords but could sue his agents for negligence if necessary. This arrangements, is therefore, inherently more risky for nproperty owners. They should do their due diligence such as checking contracts to be clear on who is responsible for what and to ensure that the investor/management company they are working with are adequately insured for professional negligence under their professional indemnity insurance policy.

Clearly there is huge demand for rent to rent, otherwise we would never have seen the likes of Northwoods having built such a successful business on the back of it, neither would we have councils, FTSE 250 companies and Housing associations offering varying for of rent to rent deals.

As for the privateers, well there will always be good and bad ones and without any form of regulation it really is a case of caveat emptor.

So, to end I have two requests:-

1) Please share any rent to rent success stories you are aware of

2) Please share the questions you would ask as part of your “due diligence” if you were considering rent 2 rent, either as a property owner, investor/manager or a tenant.

If you want to share cautionary tales regarding rent 2 rent please see THIS THREAD as any comments which are not relevant to this particular thread will be deleted.

Details of how to get hold of professionally drafted Rent to Rent contacts can be found via THIS LINK.

I look forward to reading your comments.

Regards

Mark

Latest PRS advice concerning ASTs, Voids, Referencing and Rent2Rent (e-news compilation) Latest Articles

Rent2Rent contracts – if you’re going to to it do it right

Rent2Rent companies are using the wrong letting contracts Whilst I have never been a fan of the Rent2Rent scheme I have to accept that a lot of investors are using Rent2Rent as part of their strategy.

As it is the mission of Property118 to share best practice, helping these investors to get their paperwork right fits within our mission, regardless of any the other misgivings I might have personally have about the scheme. read on

Unfair Section 21 Notice – Tenants Cry for HELP!

My landlord has issued me with a section 21 because I have asked for certain information regarding where my deposit is and to see a copy of the gas safety certificate.

I am devasted with this as I have a chronically ill daughter whom is on full disability and the house is perfect for her. read on

Referencing Services for Landlords

Referencing services for landlords come in several varieties and with numerous options and price structures.

You can get anything from a credit check for a fiver through to full referencing which guarantees rent on the due date if your prospective tenants and guarantors are considered to be a good risk. read on

Reduce your voids – the “move in free” business model

We have recently experimented with a “move in free” business model for tenants. We were asked to let several properties where the entire block had been purchased by investors.

Only two were let and that was creating a stigma for the block so we needed to get creative. read on

Tenancy agreements – At the end of the fixed term (by Tessa Shepperson)

All good things come to an end – and in due course your tenancy agreement’s fixed term will end too. What happens then?

When the fixed term ends Some people assume that the tenancy will end and that if the tenants stay on they will be squatters who can be easily evicted. However you will probably realise that this is very far from the case! read on

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Unfair Section 21 Notice – Tenants Cry for HELP! Latest Articles, The GOOD Landlords Campaign, UK Property Forum for Buy to Let Landlords

My landlord has issued me with a section 21 because I have asked for certain information regarding where my deposit is and to see a copy of the gas safety certificate.

I am devasted with this as I have a chronically ill daughter whom is on full disability and the house is perfect for her.

Despite numerous requests and pleas he has enforced the section 21 that was in my tenancy agreement.

The landlord had a new boiler installed soon after I moved in. His friend was supposed to fit it but he sub contracted it out to someone who arrived in a car. My daughters safety is paramount and I thought the law protects me.

I went to citizens advice and they advised me to inform environmental health and to send a letter to say give me details of where my deposit is or return it within 14 days. He has refused point blank saying it is in a scheme but will not give me any details.

I checked a couple of months ago with gas safe and they had no record of the Gas Safety Certificate. He is now sending documents to environmental health but I suspect that these documents will be back dated by his friend.

I am now receiving abusive emails from him telling me to leave the property by 31st August. I am distraught, I’m not eating or sleeping, my daughters health is bad due to the stress.

From what I gathered from my neighbours he did this to the last 2 tenants and they never received their deposits back because he found something wrong with the house.

No one seems to want to help me.

I’m a carer for my daughter 24/7 this is our first rental property after leaving the marital home.

Please can someone help?

Louise