Two Swansea Landlords were reminded in a big way that failing to comply with HMO License Regulations can cost you

Both landlords pleaded guilty in August 2011 to a number of charges under the  Management of Houses in Multiple Occupation (Wales) Regulations 2006 and also for failing to license their houses in multiple occupation (HMOs).

One Landlord was answering charges relating to four of his HMOs in Mount Pleasant, Swansea and one property in Brynmill

failed to protect occupiers from accidents associated with windows and failed to ensure that the properties were maintained in good repair.

Swansea Magistrates fined the landlord £400 with £740 costs and a £15 victim surcharge.

The other landlord admitted failing to license an HMO in  Uplands and also pleaded guilty to 13 offences of failing to comply with regulations under the Management of Houses in Multiple Occupation (HMO) (Wales) Regulations 2006.

The landlord did not ensure that all means of escape from fire were free from obstruction and maintained in good order and repair. He failed to ensure that all common parts of the property were maintained in good and clean, decorative repair and that the water supply and drainage system were kept in good, clean, working condition.

Swansea Magistrates heard that there was currently no one living at the property and that virtually all of the work that needed doing had been completed. They fined him £1,450 with £750 costs and a £15 victim surcharge.

Reena Owen, Director of Environment at Swansea Council said, “These were some of the worst properties that officers have come across in many years. Whilst the level of fines is disappointing it is encouraging that both landlords pleaded guilty to all charges and have been working to make improvements at their properties.

“Landlords who rent out property have a duty to manage them well to protect the health and safety of the tenants. Swansea Council wants to encourage good landlords, but we will continue to take appropriate legal action, including prosecution, for those who fail to comply with the legal requirements.”

(Extract taken from City & County of Swansea’s website)

This is a wake up call to Landlords in Swansea that failing to comply with HMO License requirements will hit your wallet, and you will still have to do the works

Before it’s too late check whether you need a License for your property, if in doubt contact City & County of Swansea’s Environmental Dept 01792 635600

Interim Management Orders (Housing Act 2004 Sections 102 – 112)

What is an Interim Management Order ?

These are used to enable a Local Authority to step in and manage a property in place of landlords (or landlord’s management agents).

An IMO transfers the management of a residential property to the Local Housing Authority (LHA)  for a period of up to twelve months. The circumstances in which an order can be made are discussed below.

See our detailed page on IMO’s

Newport Council -

are causing problems to landlords with HMO’s with one of their officers incorrectly citing the criteria for certain HMOs.

One landlord has successfully battled through the courts on this matter.

The officer in question has made it clear that you require a Certificate of Building Regulations from 1991 to present date and insisted that without this “Certificate” the property was an HMO  – INCORRECT.

The Regulations are quite clear in that a property must MEET the 1991 Building Regulations to be outside of HMO regulation.

The property in question was a house converted into self contained flats that met with the 1991 Building Regulations and as such would be outside the realms of Additional Licensing

Landlords need to make sure that either their property complies with 1991 Building Regulations or that Section 257 of the Housing Act would apply – if so and the property is an an area from Additional Licencing, that they apply to the local authority for such a licence

Further information can be found  in this Aricle

or

Section 257 information

Houses in Multiple Occupation

The Minister for Housing and Local Government (The Rt Hon Grant Shapps): Today I am announcing the Government’s intention to amend the planning rules for houses in multiple occupation (HMOs) which were introduced on 6 April 2010.

I understand the concerns of local people who see their neighbourhoods being damaged by undue concentrations of HMOs and the significant impact this is having on their quality of life.  However there are also many areas where HMOs are not causing problems and indeed provide an important supply of low cost housing.  I believe that the planning system needs to take account of both these differing circumstances and allow for local solutions rather than continue with the present ‘one size fits all’ approach.

The current rules impose a blanket requirement for planning permission in order to change use from a domestic house to a HMO.  When introduced, it was estimated that these rules could result in an additional 8,500 planning applications per year and could lead to a reduction in supply.  This goes against the recommendations in successive reports on the planning system that Government should reduce the number of planning applications for minor development.  It also runs the risk of losing low cost housing in areas where it is needed most.

I believe that we need to move away from this kind of centralised, regulatory approach which has dominated planning in recent years and create a system which encourages local people to take responsibility for shaping their communities.  Decisions should reflect local priorities expressed through the local plan, rather than nationally imposed rules.

I therefore intend to amend the HMO rules to allow changes of use between family houses and small, shared houses to take place freely without the need for planning applications. However, in those areas experiencing problems with uncontrolled HMO development, local authorities will be able to use their existing direction making powers to restrict this freedom of movement by requiring planning applications.  This change will allow the free development of smaller shared housing, which is a vital component of our private rented sector, unless there is a serious threat to the area.

My officials will work through the detail of the proposed changes with interested partners to ensure that the new rules work for local people without placing an unnecessary burden on businesses.

My aim is to have the revised arrangements in place by 1 October 2010.

TWO Swansea landlords have been prosecuted for failing to licence their rental properties.

Thomas Barry Davies, of Alan Road, Llandeilo, and Paul David Evans, of Killan Road, Dunvant, Swansea, both failed to licence houses they let out as houses in multiple occupation, or HMOs.

Evans pleaded guilty at Swansea Magistrates’ Court to failing to license a house in Woodlands Terrace, Mount Pleasant, and was fined £500, with costs of £445 for the council. Davies pleaded guilty in relation to two HMOs in Mount Pleasant — one in Cromwell Street, and another in Norfolk Street. He was fined a total of £1,250 with £1,056 in council costs.

Swansea Council confirmed it had now received applications to licence the properties.

The council’s director of the environment, Reena Owen, said the authority had successfully prosecuted 11 landlords for failing to licence their HMOs since 2006.

“We want to ensure that HMOs are of a good standard and well managed so that they provide safe and secure homes for tenants,” she said.

“We know there are lots of good landlords who manage their properties well and comply with legal requirements, but we will continue to use the full powers of the Housing Act for those who flout the law.”

More on HMO licensing can be found here

Please note that these landlords were not clients of MGLS Michael G. Lewis & Son

In my previous post I reported that there is to be a change in the Planning Consent needed for HMO’s – Three or more persons forming two or more households

The amendment to the Town and Country Planning (Use Classes) Order 1987 to create a separate planning class for HMOs. The changes will come into force on 6 April 2010. The changes will only apply to England as Wales has its own devolved powers to deal with these matters.

The statutory instrument to carry out this change has just been published on the OPSI website as the The Town and Country Planning (Use Classes) (Amendment) (England) Order 2010.

The new planning classes will be as follows:
Class C3 has been amended to cover single households of up to six occupiers.

A new class C4 has been created which will cover HMOs of up to six people.

Properties with more than six occupiers will continue to be outside any planning category.

The Changes to the Planning laws will  bring property into line with the existing definition of HMO in the Housing Act 2004.

This will mean that as from 6^th April 2010 ANY PROPERTY which is an HMO will now need to have a separate planning approval. It has been noted that it will apply to new HMO’s, but needles to say that it will apply to renewals of tenancy AFTER this date. No information is available at present on this area

Even if a License is NOT Required, Planning Consent will be required to use a property in this manner

More and more landlords will now be caught up with this change and therefore costs will rise due to increased paperwork and legislation – it conforming to HMO Regulations, HHSRS, etc.

For Wales, as yet there is no plan to change the legislation on the back of this Primary legislation, however, I can see that it is a way of increasing funds to capital strapped local authorities and therefore don’t rule out similar Planning Legislation in Wales

More information on HMOs can be found at www.houses-in-multiple-occupation.com

There is an Impact Assessment Document from Communities and Local Government which can be downloaded here

It appears that the Government are to introduce new planning laws for HMOS

click here

This would mean that ANY property being let to three or more persons who are unrelated would need change of use, also that after April a property would not necessarily need to be in an area for Additional Licencing

Local powers for councils to protect communities and improve standards in the private rented sector

Housing and Planning Minister John Healey has announced new local powers to control the spread of high concentrations of shared rented homes and to tackle pockets of unsafe and substandard accommodation run by bad landlords.

Mr Healey confirmed new powers for local councils to manage the unplanned spread of Houses in Multiple Occupation (or an HMO) in towns and cities. The cluster of too many shared houses can sometimes cause problems, especially if too many properties in one area are let to short term residents with little stake in the local community. Tenants can also suffer from poor conditions and management of the properties by landlords.

A Government consultation on how to tackle this long-standing issue closed last year. It attracted around 900 responses, published today, from local authorities, residents associations, universities, individuals, MPs, councillors, and campaign groups. The large majority of those who responded supported a change to the so-called Use Classes Order, which defines how a property can be legally used, and the introduction of a definition of what constitutes a HMO.

Mr Healey responded to the consultation by confirming changes to the planning rules, giving local authorities the powers to manage the development of HMOs in their area, in turn helping stem the growth of large pockets of shared homes – which can change the balance and nature of communities. The Minister said that he would legislate so the new rules would come into force by April this year. The changes mean that landlords will need to apply for planning permission in order to establish a new HMO with a change of use, for example when the use of a property is altered from a family home to a shared house, with three or more tenants who are not related.

The Minister also published plans for councils, giving them extra flexibility to license landlords, requiring safe and quality rented accommodation in neighbourhoods where large numbers of substandard properties can be a magnet for community problems.

In a consultation published today, John Healey proposes to give a general consent for councils to introduce licensing schemes, without seeking permission from central Government, in hotspot areas where landlords do not maintain or manage their properties properly. A general consent would ensure that decisions on the quality of rented homes are made by those who are aware of the local issues and needs of the community. In the future, tenants will see improved standards and councils will be better able to deal with the worst landlords that drag down the neighbourhood.

Mr Healey also confirmed that detailed work is now underway for a new National Landlords Register, to help raise standards of private rented accommodation further. For the first time it will give landlords and tenants easy access to clear advice and support. It will also be the way in which landlords and tenants can be kept informed of basic rights and responsibilities.

This is the reason that Michael G. Lewis & Son have fully supported Licensing of letting agents in the UK to fully protect members of the public.

Michael G. Lewis & Son have been letting property in Swansea for over 45 years and have seen many agents come and go.  As people think Easy let – NO NO NO

Letting is NOT EASY

There are many complex legal issues that agents MUST know in order to be able to practice in letting property from Matrimonial Homes Act to Landlord and Tenant to Consumer Protection and so on

We have Client Money Protection, Members of the Property Ombusdman, Members of ARLA (Association of Residential Letting Agents. Robert Lewis is an Honoured Member (only one in Swansea) and have over 29 year experience in the letting field.

Therefore, why do people continue to put their money with an unregulated agent?

The main answers are cost, these people try and undercut professional agents to gain instructions, touting from agents, cutting corners. IT is now time that Government or Welsh Asembly takes notice one again of these risks and bring in Licensing for Letting Agents within the next 12 months