Issue 18 - February 2010
Welcome to the February 2010 edition of the Greater Nottingham Landlords' Electronic Newsletter.
Contents
- Research into the private rented housing sector in Greater Nottingham - The local authorities that make up the Greater Nottingham area have commissioned a piece of research to find out...
- Nottingham City Council Landlord Liaison Panel Meeting 19 January 2010, 5.15pm start at EMPO offices
- Nottingham Landlord fined more than £62,000 - Anthony Carroll, known in the business as "Uncle Tony", let properties to students in Dunkirk which he failed to ...
- Nottingham City Council Landlord Conference postponed - Nottingham City Council has recently confirmed that their Landlord's conference scheduled for May 5th 2010 is...
- Local Housing Allowance - It is the norm for a tenant to be paid their LHA (Local Housing Allowance) direct, and then for the tenant to pay the rent to their landlord...
- National landlords Association - Shared housing under the knife - The National Landlords Association (NLA), the leading representative body for private-residential landlords in the UK, has roundly condemned today's Government announcement which will reduce the supply of shared housing...
- Guidance for Students and Landlords on Staying Safe wih Gas - The HSE (Health and Safety Executive) have recently launched a new campaign offering practical guidance for students...
Research into the private rented housing sector in Greater Nottingham
The local authorities that make up the Greater Nottingham area have commissioned a piece of research to find out more about the private rented housing sector in the area. The research is being carried out by a consultancy called Nathaniel Lichfield & Partners. A company called Research and Marketing Plus are carrying out around 1000 interviews with landlords and tenants. This is a big project, and we want to get the views of as many people as possible to give us a reliable picture. This research is being paid for by a grant from the Regional Housing Board, plus smaller contributions from each local authority.
What are we trying to find out?
- How many properties are being rented out in different parts of the area?
- What type and size are they? What is their condition like?
- What rents are being paid for different types of property?
- What is demand like from tenants? Is it likely to change in the future?
- Why do tenants choose to rent? Is it only because they cannot afford to buy?
- What different types of landlord are there? What leads people to being a landlord?
- What are landlords trying to get from renting their property? What are their future plans (e.g. rent indefinitely, or sell the property in the future)?
- What effects has the recession had on tenants and landlords?
- What is the impact of licensing and accreditation schemes run by local authorities?
- Do landlords and tenants know about schemes to advertise properties to people in need of housing (e.g. First Lets, run in Broxtowe, Rushcliffe and Gedling)?
- How can we make the most of the sector to meet local housing need?
What do I have to do?
Please contact Research and Marketing Plus if you wish to take part in the research. They may ask to interview you. This will take around 15 minutes. You do not need any special knowledge and you do not need to prepare anything. All they want to know is about your circumstances, your experiences and your views on how things may change.
They may also ask you to take part in a focus group. This would be a chance to discuss the issues in more detail with other landlords, and would be led by experts in this sector.
Any personal details you give will be kept completely confidential, and neither you nor your property will be identified in the final report. You will not be contacted by the local authority about regulation or licensing - this is not about trying to catch landlords out.
What do I get out of this?
Unfortunately, we cannot pay you for taking part. But you will get chance to discuss the issues affecting you, and your views will influence how your local authority acts towards the sector in future. If you would like to receive a copy of the final report, then please contact us (see below). You might find it useful for your business, and we would be happy to discuss any issues arising.
For more information, please contact:
Daniel Junor, Nottingham City Council
Tel: 0115 8762314
Email: daniel.junor@nottinghamcity.gov.uk
Saadiah Rifin, Research and Marketing Plus
Tel: 029 2043 5800
Email: saadiah.rifin@rmltd.net
Nottingham City Council Landlord Liaison Panel Meeting 19 January 2010, 5.15pm start at EMPO offices
Present - Shad Ali, Christine Darvill, Dan Walker, Angela Lyons, Peter Gill, Brian Kirkland, John Buxton, Paul Rowland, Graham De Max, John Cockcroft, Lorraine Raynor, Keith Rose, Sue Thorpe, Sharon ?
1. Apologies for absence - Tom Glancz, Bev Hall, J Sommers, K Proctor, G Welton, J Potter, Mike Cole
Minutes taken by Christine Darvill
Agenda
Extra item - Following on from the last meeting, Landlords were very concerned about the lack of consultation that had taken place over the previous few months and had asked if a member of the council Consultation Team could come to the meeting and explain the processes involved. Lorraine explained that the team did not feel it appropriate at the current time. The Landlords view is that they would be willing to change the time and date of the next meeting to fit in with their working hours due to the importance placed on this issue.
Also that they did not want to discuss specific questions about current issues but to discuss general policy and ensure that EVERYONE present at LLP meetings understood each agenda item and how, if at all, the items discussed could be used by NCC in future documents. This means being aware when members are being given information, when an informal opinion is being requested and whether it is being viewed by some members of the meeting as formal consultation. A suggestion was made to add a column alongside each agenda item stating 'update, consultation, etc'.
Landlords agreed that they want to continue meeting as the LLP is a very useful tool for all attendees, but they do not want to be consulted on any items until a visit has been made by the Consultation Team.
Lorraine suggested that if anything important came up in the meantime then possibly an additional meeting could be held to feed things in to it.
Keith informed the group that there would be no consultation on any of the agenda items today. (It had been intended to have some sort of consultation about agenda item 4 but this was dropped due to the current issues, plus the fact that the 50 plus page document was only e mailed to LLP members today.)
3. Matters arising from previous minutes. - Keith confirmed that where landlords have been prosecuted by Nottingham City Council then a list can be sent of those names to EMPO. However, where a person has been judged 'not fit and proper', then this information is not in the public domain and cannot be passed on. However, what usually happens is that a replacement 'fit and proper' person would be found and if it was not possible to find anyone, then NCC would take over management themselves. So in effect, there would not be a list.
There are five priorities and the third and fifth ones are of most interest to the LLP. They are:
- Three - Improving housing conditions in the PRS whilst helping the sector to thrive as a source of quality, affordable housing
- Five - Developing private sector housing policies, aligned to the city's Core Strategy, which promote the creation of balanced communities and balanced housing markets. (Bringing greater balance to the housing market by, for example (but not only), implementation of our student accommodation plan.)
Lorraine - agreed to find the old student strategy and brief the group on this.
John Cockcroft said that a survey across Greater Nottingham is being carried out to identify housing issues across boundaries. However, he had no more information on the subject.
Graham is to return to the next meeting if the Consultation item goes ahead.
5. National Home Safety Equipment Scheme update - Sue Thorpe explained that it is a national scheme to provide equipment to the most needy families. The equipment is given out through 16 Children's Centres. She circulated a handout that gave more information about the scheme. She recognized landlords concerns about the window restrictors. ROSPA had inspected the equipment and the feedback was that this were no problems with it, however, it should not be fitted to fire escape windows and should be removed if that have already been fitted. Sue to e mail info sheet to Adeela for inclusion with the minutes
6. Anti Social Behaviour in the Private Sector - Keith Rose stated that In exceptional circumstances the Council can seek a Management Order. He also said that there were Management Regulations for multiple occupancy properties only and that these should be read to make landlords aware of their responsibilities
7. AOB -
Keith - NCC is looking for someone to take over the management of Management Orders on behalf of the Council. This is when the landlord loses control of the property for 12 months due to it's not being managed property and the person taking it over should be able to turn around the problems within 12 months. See Nottingham website for more information. It is estimated that there will be no more than five in any one calendar year.
Lorraine wanted to thank Keith for his contributions to be meetings and to wish him a long and happy retirement.
Date of next meeting - Tuesday 16th March at EMPO offices. 5.15pm start and landlords to meet at 4.30pm
Nottingham Landlord fined more than £62,000
Anthony Carroll, known in the business as "Uncle Tony", let properties to students in Dunkirk which he failed to maintain and operated without a House in Multiple (HMO) licence from Nottingham City Council.
At a Greenfield Street property, an inspection by Nottingham City Council found black mould on walls, no certificate of inspection for the electrical fittings, loose carpets on the stairs, a damaged sash window and hole in a floorboard.
Two students were illegally evicted when Carroll changed the locks in December 2008 and demanded money from the pair to cover the rent owed by three tenants who had moved out.
"He said until the money was paid they would not be able to get in," Christopher Geeson, prosecuting, told Nottingham Crown Court.
"There was one short-hold tenancy agreement, so they jointly owed £1,500. The two tenants that were locked out contacted the university and Anthony Carroll again, who refused to let them in. They eventually called the police. Under the supervision of the police they recovered all of their property."
An inspection by Nottingham City Council at a second house, in Highfield Road, had a washing machine and freezer in the hallway blocking a stairwell in the event of a fire.
A smoke alarm had been disconnected and electric wiring had not been checked or tested within five years.
Carroll, 66, of Highfield Road, pleaded guilty to 17 charges.
He admitted he had let rooms without a HMO licence and had not complied with regulations.
He was fined £14,700 for failing to licence and maintain the properties. He was also fined more than £37,000 under the Proceeds of Crime Act. He must pay £10,000 towards court costs.
For the unlawful eviction he was given a four-month prison sentence, suspended for one year, with supervision from a probation officer.
To obtain a HMO application form please contact the HMO team at Lawrence House, Talbot Street, Nottingham, NG1 5NT, telephone 0115 9156798.
Further details on prosecution results can be found on the Nottingham Evening Post website www.thisisnottingham.co.uk
Nottingham City Council Landlord Conference postponed
Nottingham City Council has recently confirmed that their Landlord's conference scheduled for May 5th 2010 is to be postponed due to the possibility of a General Election near this date. We will keep you informed of the new date when it becomes available.
Local Housing Allowance
It is the norm for a tenant to be paid their LHA (Local Housing Allowance) direct, and then for the tenant to pay the rent to their landlord. However, if a tenant is eight weeks or more in arrears, councils are obliged to pay the LHA directly to the landlord unless it is in the overriding interests of the claimant or his family not to do so.
The Benefits Service assumes that all tenants receiving LHA pay their rent to their landlord unless evidence is received to suggest otherwise. Any evidence received to the contrary will then be investigated by the benefit team within the local authority.
To ensure the process of evaluating whether or not LHA payment to the landlord is adopted, it is vital that the landlord has all the relevant information and presents it to the local authority as quickly as possible. This will speed up the process and avoid the tenant falling into further arrears.
As a landlord you will need to provide evidence of the tenant's rent arrears, showing what rent is due & what payments have already been received.
The proof you provide must cover the total amount of rent arrears outstanding.
Examples of evidence that can be considered are:
- Rent account statement
- Rent Book
- Rent Receipts or payments sheets duly dated and signed.
- Bank statement confirming transactions for rent payments
- Evictions notice - because of rent arrears
- Court documents - confirming rent arrears details of amounts and dates paid
All evidence you send to the council must be the original documents as photocopies will not be acceptable.
If no evidence is provided, or if the evidence does not provide adequate proof of the arrears, it is unlikely that direct payment will be made.
In order to further assist the local authority in making the decision to pay you direct as a landlord you must also provide the council with:
- A copy of the tenancy agreement signed by both parties.
- A copy of the receipt from your tenancy deposit scheme operator (if a deposit has been taken)
- A diary of events showing when you visited the property to collect the rent, who you spoke to & what was said.
If you have any queries regarding direct payment of LHA then please contact:
Nottingham City Council
Jonathan Potter, Ozer Gokova or Debbie Layzell
Tel: 0115 915 4778
Gedling Borough Council
Tel: 0115 9013970, or email: housingbenefits@gedling.gov.uk
Further information can be found on the Gedling website in the Benefits (local housing allowance) section
Broxtowe Borough Council
Tel: 0115 9177777
Housing Benefits teams are split in alphabetical order of claimant's name, not landlord.
National landlords Association - Shared housing under the knife
27 January 2010
The National Landlords Association (NLA), the leading representative body for private-residential landlords in the UK, has roundly condemned today's Government announcement which will reduce the supply of shared housing.
In a statement, Housing and Planning Minister John Healey MP revealed plans which will require planning permission for new shared housing where three or more unrelated people live together. 20 per cent of private-rented sector properties are shared", a figure which is rising year-on-year.
HMOs play a vital role in providing much needed housing for students, young professionals and those on low incomes who rely on this type of affordable accommodation. Large cities across the UK greatly depend on shared housing as a first step. By making it more difficult and costly for landlords to provide this type of accommodation, these measures will reduce choice for tenants and increase pressure on local authority housing lists.
The Rugg Review, an independent review of the private-rented sector commissioned by the Government, already dismissed these changes to the planning system as an 'extreme response' which 'local authorities are ill-equipped to handle.' The Government clearly has no idea of the impact of this measure on the housing market.
Of equal concern, today's statement also outlines proposals to give councils general consent to introduce licensing schemes without seeking permission from central Government in so-called 'hotspot areas'. The current rules require local authorities to justify to the Secretary of State the need for any new licensing scheme. These proposals will result in a 'nimby's charter' which will create 'no-go' areas for landlords, students, young professionals, low income families, migrant workers and a wide range of other groups who rely upon shared private-rented sector housing.
David Salusbury, Chairman, NLA, in criticising these measures, said:
"The Government has bowed to a small minority who shouted the loudest. It has ignored the vital role these homes play in contributing to vibrant and mixed communities. These plans will do nothing to improve housing or increase choice for tenants but are more about placating local protest groups in certain parts of the country.
"If the Government was really interested in dealing with anti-social behaviour and property standards in the small minority of places where they are an issue, they would have taken up the NLA's calls for more targeted local management action by councils working with landlords in their areas.
"What we have before us is draconian and is quite simply using a sledgehammer to crack a nut. In addition, we can expect local authority planning departments to be swamped under increasing workloads owing to these new measures. This entire package will not contribute to the vibrant rental market the Government says it wants."
The Government announcement can be downloaded at: www.communities.gov.uk/news/corporate/1447619
Guidance for Students and Landlords on Staying Safe wih Gas
The HSE (Health and Safety Executive) have recently launched a new campaign offering practical guidance for students using gas appliances in rented accommodation. The link below offers advice reagarding 'What are a Landlords responsibilities' and 'How can I Stay Safe' etc.
http://www.hse.gov.uk/gas/domestic/student.htm
If landlords want to know what their responsibilities are too, they can follow the following link below ,which gives clear guidance to Landlord Duties under Gas Safe (installation and Use) Regulations 1998.
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