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Issue 13 - April 2009 - The Birthday Issue!

Welcome to the April 2009, 2nd Birthday edition of the Greater Nottingham Landlords' Electronic Newsletter.

Dates for your diary

6 May 2009 - Nottingham City Council's Landlord Fourm. The Council House, Nottingham. For information and to book a place, contact 0115 9156798 or email public.health@nottinghamcity.gov.uk

Contents

  1. Nottingham City Council Landlord Conference - This year's landlord conference is being held on Wednesday 6th May 2009 at the Council House, Nottingham...
  2. Houses in Multiple Occupation and Council Tax Liability - When certain circumstances arise, the owner of the property is liable to pay the Council Tax rather than the occupier...
  3. Do You Maintain Your Fire Alarm System? Landlord Broke Fire Safety Rules - A Carlisle landlord was fined more than £1,000 after it was discovered that the fire alarm at his HMO property failed to work when a fire broke out...
  4. Gas Safety in Great Britain is Changing - What Does This Mean For You? - There will be a new gas registration scheme from 1st April 2009 in England, Scotland and Wales (Great Britain)...
  5. Could Your Property be Housing a Cannabis Factory? - The BBC has reported a sharp rise in the number of "cannabis factories" found in rented property throughout the UK...
  6. Tenancy Deposit Protection - Mydeposits, the insurance backed tenancy deposit scheme, has received a growing number of enquiries from members who are uncertain of tenancy deposit protection and their responsibilities...
  7. East Midlands Property Owners Limited (EMPO) - The East Midlands Property Owners Limited (EMPO) is the local landlords' association for the East Midlands...
  8. Singer Amy Winehouse Voted Celebrity Landlords Would Least Like to Rent Their Property
  9. The Greater Nottingham Landlords Electronic Newsletter Second Birthday Competition!

Nottingham City Council Landlord Conference

This year's landlord conference is being held on Wednesday 6th May 2009 at the Council House, Nottingham.

This will be the ninth conference hosted by Nottingham City Council and designed to improve links between local authorities and private sector landlords. There will be a number of representatives present, including those from Nottingham City Council, other local authorities, landlords from the East Midlands, and a number of trade and professional exhibitors.

If you would like to attend, please contact Nottingham City Council HMO team on 0115 9156798 or email public.health@nottinghamcity.gov.uk

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Houses in Multiple Occupation and Council Tax Liability

When certain circumstances arise, the owner of the property is liable to pay the Council Tax rather than the occupier. One such case is when the property is classed as a house in multiple occupation. Confusion can sometimes arise because owners are often aware of various accreditation schemes that exist which also refer to 'houses in multiple occupation', but this is different from the legislation which governs Council Tax liability.

For Council Tax purposes, when a property has been constructed or adapted for occupation by people who are not a single household, or there are two or more occupiers who only have an agreement to occupy part of the property, or they are not liable to pay the rent on the whole property, then the owner is liable to pay the Council Tax. An example of this is when the owner lets the property to a number of people who may all be on one tenancy, but each of them only has to pay a share of the rent for the whole property.

Owners need to keep their local authority advised of the people who move in and out of the property so that any discounts or exemptions can be applied to their accounts. The sooner the local authority is advised of any changes, the sooner they can issue correct bills.

For more details on houses in multiple occupation and Council Tax, contact your own local authority directly.

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Do You Maintain Your Fire Alarm System? Landlord Broke Fire Safety Rules

It was reported in 'Environmental Health News' that a Carlisle landlord was fined more than £1,000 after it was discovered that the fire alarm at his HMO property failed to work when a fire broke out.

Firefighters attended the property when the fire broke out last September. Luckily no one was injured during the fire. The fire department and the council carried out a joint inspection of the property which revealed that the fire alarm was broken.

The landlord could not produce documentation regarding the maintenance of the fire alarm system or an electrical safety certificate for the property. The landlord had previously resisted attempts by the council to inspect the HMO as he said he planned to convert the property into two residential properties.

The landlord pleaded guilty to offences under the Housing Act 2004 and HMO regulations at Carlisle magistrate's court last month. He was fined £800 for failing to maintain a working fire alarm and £270 for not holding an electrical safety certificate. In total he was told to pay £1,235.

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Gas Safety in Great Britain is Changing - What Does This Mean For You?

There will be a new gas registration scheme from 1st April 2009 in England, Scotland and Wales (Great Britain). The new scheme, Gas Safe Register™ is delivered under an agreement with the Health and Safety Executive (HSE) and replaces the CORGI gas register which ends on 31st March. In relation to domestic gas under the Gas Safety (Installation and Use) Regulations 1998, landlords' legal duties apply to a wide range of accommodation, including residential premises provided for rent by private landlords, local authorities, housing associations, housing co-operatives, and hostels.

It remains a legal requirement for all landlords to have an annual safety check on all gas appliances and flues provided in a rental property. However, from 1st April 2009 a Gas Safe registered engineer, not a CORGI installer, must carry out the safety check.

If you let any properties of this kind, you must now make sure that pipework, appliances and flues provided for tenants are maintained in a safe condition and subject to an annual safety check carried out only by a Gas Safe registered engineer.

In all cases, all gas equipment (including any appliance left by a previous tenant) must be certified as safe or otherwise removed before re-letting. A record of safety checks must be provided to the tenant within 28 days of completing the check, or to each new tenant before they move in. You must also keep a copy of the safety check record for two years.

Gas Safety Certificate

The 'Landlord Gas Safety Record' is often referred to as a 'Gas Safety Certificate' or 'CP12' form. It is quite acceptable to continue to use this style of certificate - even if it has a CORGI logo or the word CORGI on it. There is no requirement for new paperwork. The important change after 1st April 2009 is to have a check carried out by a Gas Safe registered engineer.

It shouldn't cost you more to get appliances checked and maintained under the new scheme; the cost of registration is only a small element of the bill you pay. As a minimum, the record of a gas safety check must contain the following information:

All existing gas safety records will be valid until their expiry date (even if that date is later than 1st April 2009). Any gas safety record given to you after 1st April 2009 will only be valid if the engineer is on the Gas Safe Register. There is no dual running of the schemes. CORGI will operate the registration scheme in GB until 31st March 2009 and Gas Safe Register will start on 1st April 2009.

If letting or managing agents are involved

As before, by law you must make sure that the letting or management contract clearly specifies who is to make arrangements for maintenance and safety checks on gas equipment and for keeping associated records. Where specified by the contract, make sure gas appliances and flues are serviced at least once every 12 months or at any other time if there is a safety doubt. We strongly advise that you request to see copies of the maintenance information and safety check from any agent you use to ensure maintenance has been completed by Gas Safe registered engineer.

Always check the ID card

Whatever the letting arrangement, you must always check the engineer's ID card (and details of the type of work that an engineer is registered to carry out) before they begin work on any gas appliances. Please also encourage your tenants to do the same. From 1st April, anyone can find or check a Gas Safe registered engineer 24 hours a day, 7 days a week online at www.GasSafeRegister.co.uk or call 0800 408 5500. You can even get a photo of the engineer with details that tell you if they're qualified to do the job sent to your mobile phone for added peace of mind.

Refused entry

In some cases, there have been problems experienced with engineers refused entry by tenants and subsequent failure for safety checks to take place. Please encourage your tenants to let the Gas Safe registered engineer into the property upon presentation of the ID card.

To help you explain the situation to your tenants, you can download free leaflets from our website or email 'Consumer Leaflet Request' to marketing@GasSafeRegister.co.uk

Install a carbon monoxide alarm

There is no substitute for annual safety checks carried out by a Gas Safe registered engineer, but for the added safety of your tenants we strongly recommend you fit a CE-approved audible carbon monoxide alarm in every property and test it monthly. Carbon monoxide has no odour or visibility, so an audible alarm is the only way to detect harmful levels in the property. If your tenants report that they are suffering from headaches, nausea, chest pains or dizziness, and feel better when away from the property, encourage them to report it to you immediately and seek medical attention.

No to DIY

If you are letting or renting a property, you should never attempt to install or repair a gas appliance yourself in an attempt to save money. This is breaking the law and putting lives at serious risk. HSE gives gas safety a high priority and will take the appropriate action to ensure compliance with the regulations. If your tenants suspect a gas appliance isn't working correctly, ask them to turn it off and report it to you immediately so you can contact a Gas Safe registered engineer for advice. If ever in doubt, call the National Gas Emergency Service on 0800 111 999.

Further advice on landlords' duties is contained in HSE's Guidance to Landlords and Letting Agents found on the HSE's website

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Could Your Property be Housing a Cannabis Factory?

The BBC has reported a sharp rise in the number of "cannabis factories" found in rented property throughout the UK. Properties targeted are usually terraced or semi-detached houses. Landlords should look out for the following signs:

Anyone who suspects that a property is being used as a cannabis factory, should telephone the police on 0845 8 505 505 or Crimestoppers, anonymously on 0800 555111.

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Tenancy Deposit Protection

Mydeposits, the insurance backed tenancy deposit scheme, has received a growing number of enquiries from members who are uncertain of tenancy deposit protection and their responsibilities.

Six key points you should know about protecting your tenant's deposits:

  1. A deposit is any sum of money paid by the tenant to the landlord as security in connection with a tenancy.
  2. By law, a deposit taken in relation to an Assured Shorthold Tenancy in England and Wales must be protected.
  3. The deposit must be protected in a government-approved scheme within 14 calendar days.
  4. Inventories and rent payment records can be crucial in the event of a dispute.
  5. Landlords must give their tenants prescribed information about the deposit and tenancy deposit protection within 14 calendar days.
  6. Any landlords who do not protect the tenant's deposit risk severe penalties.

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East Midlands Property Owners Limited (EMPO)

The East Midlands Property Owners Limited (EMPO) is the local landlords' association for the East Midlands. We currently have over 400 independent landlords and local property professionals in the East Midlands.

EMPO aims to provide the best deals for landlords. By joining, landlords can enjoy these great benefits:

Cheaper Property Insurance: You can take advantage of a specially negotiated deal with Franklands Shevill Parkes, which will give you a significant reduction in your property insurance rates and the policies being offered are specifically designed to offer you comprehensive liability features.

Energy Performance Certificates: You are eligible for discounts off the Energy Performance Certificate, which as a landlord must have by law.

Recommended Services & Discounts: You will have access to a recommended services list, which highlights local trade and professional people of which several offer exclusive deals for members.

All this plus:

Seminars: You can attend seminars, meetings and conferences, usually free to you as a member, where you can discuss and learn about the many issues of renting residential property.

Publications: The journal - Professional Landlord - is distributed free to members and local property businesses, and provides interesting articles and information, which will keep you informed about your industry.

Government Legislation: You will be kept up-to-date with changes in legislation that affects residential landlords, so you can be prepared for whatever might impact on you and your business.

To find out how EMPO (a not-for-profit organisation) can help you go to www.empo.co.uk, or call in to EMPO House to discuss the benefits you will get by joining. Also, you can get more information or request an application form by phoning 0845 094 0386.

Membership starts from just £55 per year, which you should recover easily from only a few of the discounts and benefits listed above.

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Singer Amy Winehouse Voted Celebrity Landlords Would Least Like to Rent Their Property

In a survey carried out by Halifax, 1,000 UK property owners were asked which celeb they would most like to have as a tenant and, whilst Amy Winehouse and Kerry Katona came bottom of the list, singer Leona Lewis, American President Barack Obama and Daniel 'James Bond' Craig nabbed the top spots.

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The Greater Nottingham Landlords Electronic Newsletter 2nd Birthday Competition!

The Greater Nottingham Landlords Electronic Newsletter is organised by representatives from all the Greater Nottingham local authorities (Nottingham City Council, Rushcliffe Borough Council, Gedling Borough Council, Broxtowe Borough Council) together with representatives from the National Landlords Association (NLA), East Midlands Property Owners (EMPO) and Decent and Safe Homes (DASH).

The first issue of the newsletter was released in April 2007, see the archive page, and a newsletter has been emailled to subscribers every two months since then!

To celebrate the 2nd Birthday Issue, we are holding a competition! To enter just complete the feedback form (including your name and email address) to let us know how we're doing and what you want to hear about, and submit it before the end of April 2009, for your chance to win a £25 B&Q voucher. The winner will be announced in the next Issue

We look forward to receiving your feedback and Good Luck!

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