Monday, 14 March 2016

The cost of condensation: Why drying clothes inside isn't such a good idea

Damp and mould can create major problems for your home - and purse


It’s still the time of year when many of us wake up to wet windows, as the cold outside air outside causes moisture inside to collect on windows and even walls.

At the same time more of us dry clothes inside, using radiators and clothes horses, which adds to the damp atmosphere.


But condensation can be more than unsightly and cause thousands of pounds in damage to your home.
A burgeoning problem

Modern fittings and energy-saving techniques could be exacerbating problems with condensation turning it from a minor inconvenience to a potentially major issue for homes and health, according to damp proofers Wise Property Care.


“Condensation is largely the result of improved standards of insulation, double glazing and draught proofing of properties that all give the benefit of better heat retention, but results in a lack of air ventilation, stale air and trapped moisture,” explains the company.


Fewer homes have large fires and fireplaces, which previously would suck away some of the moisture.


Okay, but how bad can it be?


If you’ve noticed black mould in areas that routinely become wet with condensation, then you’ve got a problem.
This mould is thought to be bad for health and potentially harmful to people with conditions such as asthma as it gives off tiny spores that float through the air.
And it’s also bad for your walls and the structure of your home. The mould is most likely to appear in corners of rooms, or near windows or even behind furniture.
It begins with the mould but can soon cause walls, plaster and fittings to rot. Wallpaper and paint can blister and peel off. It’s not long before there has been real damage done and redecorating is the only option.

How much will the damage cost to fix?


If it’s just a little bit of mould then you may be able to simply wipe it away, perhaps touching up the paint or sealant. However, if the plaster is damaged then you may need a professional to repair the ceiling or wall, which can cost around £120.


While you may be able to repaint and re-seal the affected areas yourself, if you do need a handyman or decorator to carry out the work it will easily cost more than £70 as few will book for less than half a day.


In extreme cases condensation can contribute to a dry rot problem, which can damage the structure of a home, and the bill for repair and proofing can run into thousands.


How to prevent problems with condensation forming


You must remove mould or it will spread. The first thing to do is clear away the mould using a special cleaning solution or use one part bleach to four parts water (this can strip colour so be careful).


Next, there are several steps you can take to reduce the water in the air of your home, and they may be enough to resolve the problem.
If your windows don't have trickle vents, consider getting them installed - they can make a big difference to the amount of moisture in your home. They can be ought online for as little as £5 and for those, who are DIY inclined you can install them yourself. Otherwise get a handyman out - the job should only take around 10 minutes per window.
Try to avoid putting towels or wet clothes and clothes onto radiators to dry as the moisture will simply reappear as condensation once it gets colder. But if this can't be avoided, look at investing in a dehumidifier - they can be picked up from about £50 - and pick one with a good energy efficiency rating so that you don't rack up expensive energy bills. 
If you use a tumble dryer then make sure it is vented to the outside by putting the hose out of the window if it’s not self-condensing. You can buy hose kits at most DIY shops.

There are a few simple steps that you can take too. Aim to open windows after cooking and washing as this helps the steam condense outside. After a shower or after a meal, keep the kitchen and bathroom doors shut for at least 20 minutes to stop the moist air escaping – but the rest of the time leave the doors open to spread heat evenly throughout your house.


If you can, move furniture away from walls to help air circulate, and try to keep the property above 18°C, as colder temperatures encourage condensation. If you let it get cold enough to make the walls and windows wet, and you then crank up the temperature, you’re giving the mould the conditions it needs to thrive.


What if I’m a tenant?


If you’re a tenant then you may not be overly worried about any long-term damage caused to the property; after all, it’s not yours. But aside from questions over whether you have a duty to take better care of the property, you could also find yourself losing your deposit.


One letting agent we spoke to issues a leaflet to its tenants at this time of year, warning: “It is almost certainly not a defect with the property itself, but a result of the way you are using the property.


“Therefore, as it is your fault, you the tenants need to take immediate action to prevent further damage. Preventing the problem in the first place will be far cheaper for you than the cost of the subsequent repairs.”


However, tenancy legal advice websites all suggest that it can be a problem with how the property is ventilated, or could be caused by damp getting in via a damaged roof. If you’re confident that your use of the home is not to blame then consider contacting your local authority’s environmental housing officer.


Source: https://uk.finance.yahoo.com/news/the-cost-of-drying-clothes-in-your-home-114924829.html

Wednesday, 20 January 2016

MP Landlords refuse to vote-in Homes Fit for habitation

The row over Tory MPs who voted against a bid to ensure all homes let to private tenants were “fit for human habitation” has taken a new twist.

This is because it has been revealed other parties also have MPs who are landlords and who did not vote for the proposal

Last week a Labour amendment to the Housing & Planning Bill called on landlords to ensure their properties were kept to a fit standard for human habitation; Conservatives declared this to be a stunt and say it would create further red tape for landlords.

A row broke out over 72 Tory MPs - who each earned at least £10,000 each per year from letting out homes - who were amongst those who voted against the bill.

However, it now appears substantial numbers of other ‘landlord MPs’ didn’t vote for the measure too.

Thursday, 14 January 2016

Somewhere over the rainbow....EPCs are coming... again.....


The government has announced new dates for energy efficiency compliance in rental properties, this will mean all properties to be rented out, including those already rented will be subject to the new energy legislation.
The proposed dates are as follows

From April this year (2016) tenants living in private rental sector property with F and G rated homes, as measured by Energy Performance Certificates will be able to request improvements, such as more insulation. The landlord will then be legally bound to bring the property up to an E rating.

Then from April 1st 2018 agents and landlords with properties rated F and G will be unable to let them out legally
April 2018: by this date it will be unlawful to let out a property with an F or G Energy Performance Certificate rating, as a new let. There will be a few limited exemptions;
April 2020: by this date the requirement for a minimum E rating will apply, not just to new lets but also to existing tenancies;

2025: the target is for a minimum D rating;

2030: the minimum target will be a C rating.

With the recent abolition of the Green Deal it is unclear how landlords will be expected to pay for the renovation works that will be required on the millions of homes on the rental market
Watch this space for updates...


Friday, 8 January 2016

Do you have the Right! The rent?

From the 1st February new legislation comes into force Under section 22 of the Immigration Act 2014 requiring all landlords and letting agents to check the immigration status of potential tenants before granting them a tenancy

The Scheme was piloted in parts of the West Midlands in December 2014 and the extension to England is the next phase of what the government intends to be a UK-wide roll out
Following a recent Freedom of Information Request, Right2Rent.co.uk, received confirmation that as of the 7th August 2015, 7 Civil Penalty Notices had been issued to Landlords in the pilot areas. The penalties ranged from £80 to £2,000. A further 21 Civil Penalty Referral Notices were issued before the 7th August 2015, notifying Landlords that they may be liable for a penalty.

So what is Right to Rent
In short, it means ALL landlords and agents MUST check the immigration status of your potential Tenant or lodger, to ensure they have the Right to live in the UK, you can check the status here:
https://www.gov.uk/check-tenant-right-to-rent-documents

These new laws apply to anybody who sublets or takes in lodgers,Liability only applies to NEW tenancy agreements entered into after the commencement dates (i.e. existing tenancy agreements will not be affected).

Failure to do these checks will result in a financial penalty of up to £3,000 per tenant and to add insult to injury The Immigration Bill 2015/16 contains proposals to broaden the liability that individuals face under the Right to Rent scheme. If this bill becomes law, as appears likely, then the persons with responsibility for carrying out the checks will become CRIMINALLY liable if the right to rent provisions are not followed. Such persons if convicted will face a custodial sentence of imprisonment for up to 5 YEARS and/or a fine.

For once the Government have published a useful guide for landlords on how to carryout these checks, you can download it here: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/489675/2016-01-5__Document_Guidance_For_Landlords_V1_1.pdf

So... I'm sure we can all see whats coming..... Landlords and agent will just default to renting to obvious British Citizens ONLY.... Thankfully someone has actually thought this through and it would be in breach of discrimination laws to discriminate on grounds of nationality by only renting to British citizens. A landlord adopting this approach could face a discrimination suit which would have uncapped damages.
In order to comply with the Right to Rent scheme, landlords should carry out checks on ALL prospective tenants, regardless of appearance, to ensure that they are complying with the new scheme

These checks are not a one off either, if you renew the tenancy or were aware of a  ‘time-limited’ right to rent is established then a further check will be needed after the longest of the following:
a) one year, beginning with the date on which the checks were last made;
b) until the period of the person’s leave to be in the UK expires; or,
c) until the expiry of the validity period of the document which evidences their right to be in the UK.

Mistakes
The main issue with all new legislation that requires audience participation of some form usually has its teething problems and the odd innocent mistake is made, interestingly as the Government is make us de facto immigration officers with no training or immigration knowledge, they have stated that there is no excuse under the statute if the Landlord makes a mistake in interpreting documentation or commits an innocent error. In these circumstances, unless landlords have passed on liability to an agent, they will remain liable for breaching the requirements of the Right to Rent scheme.


I do wonder though, how the Government will manage to police yet another Bandaid policy given that all these great ideas such as Compulsory advertising of Fees, EPCs before letting, protection of deposits..  have slipped seamlessly under the radar






Friday, 11 December 2015

Right to Buy or not the Right to Buy.... a Cheeky little number

As I am sure you are all aware, the Housing and Planning Bill had its last day in Committee yesterday in the House of Commons.

You may be forgiven for thinking that we are now fast approaching the final jump to Royal Ascent... sadly at the 11th hour 2 new clauses and 1 new Schedule have been slipped in to upset what had been a rather well balanced apple cart.

These amendments seek to prevent  new periodic secure tenancies from being granted (subject to very limited exceptions, mostly to be set out in additional legislation) and replace them with fixed term tenancies of between 2 and 5 years.
These fixed term tenancies will principally mirror the model of the current flexible tenancy,

Now here is the science bit......

A local authority who decides to grant a fixed term tenancy of 3 years or less, will, under this proposed clause, be able to avoid the option for tenants to Buy their council property.

Right to Buy eligibility commences after 3 years of being a tenant (s.119(A1), HA 1985
So.... if councils grant tenancies of 3 years or less and dont renew them, the tenant never becomes eligible to take up their Right to Buy.
On top of this, even if a council does grant a 5 year tenancy and the Right to Buy eligibility is met after year 3, the tenant will only be eligible for the minimum price discount on the cost of the property, This is because the additional discount (1% p.a. for houses or 2% p.a. for flats) only arises after the fifth year (s.129, HA 1985). So, a five year tenancy which is not renewed means the tenant will never get the “length of occupation” discount.

As we know there is seldom any joined up thinking in Housing legislation after all  one of the main reasons for creating secure tenancies under the Housing Act 1980 was precisely to facilitate the Right to Buy.

on a slight side note: Succession to a tenancy is also under fire, with proposals that the spouse or civil partner only succeeds to a five year fixed term tenancy

The Bill comes back for Report Stage early in 2016  So watch this space to see how this little gem unfolds




Monday, 12 October 2015

Homeless reviews.... Only if you pay up first

Now i am sure many of my industry peers will have come across this problem before, however its a first for me having recently changed the Borough i work in

I saw a client who had been given a Not Priority Need decision, as i always do i put in to review this, as i can mostly find an error when trawling the housing file

Now the previous Borough council i worked with were very helpful and would supply the housing file , albeit after some vigorous chasing, free if charge

So you can imagine my surprise when this local council refused to release the file without £10 payment
Now i appreciate there is no law stopping them from charging, but this hit me with a dilemma.
Who pays the £10?

I work for a charity we have no spare funding for this

The client is homeless with very limited funds, £10 to them is a lot of money

I tried to reason with said council, but no joy and as they outsource the review, another situation i had not come up against before, the reviewers were threatening to carry out the review without my input

Thankfully the client is now house and not under homeless duty

But i am still left with the dilemma for future clients, if a client cannot afford to pay for their housing file is this in someway discriminating against their legal right to review?

Im not a solicitor so any input would be appreciated 



  

New Rules for Section 21 Notices


From 1st October, changes to the way a section 21 notice can be served will come into force.

These changes will start to effect assured shorthold tenancies due to hit the 6 month mark in April

These changes are a combination of the Deregulation Act 2015 and The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015

These changes ONLY apply to NEW tenancies starting after 1st October 2015, this WILL include any RENEWAL tenancies where a new fixed term tenancy is drawn up, this will NOT affect any tenancy migrating onto a statutory periodic tenancy from a fixed term.

The section 21 notice will also now be in a new prescribed form.

Landlords and letting agents will not be able to issue a section 21 notice at the commencement of a tenancy, this is currently normal practice. A section 21 will not be able to be served on a tenant until 4 months have passed from the start of the tenancy.

New Time Limit: A possession claim cannot be started on a section 21notice after the end of 6 months from the date the notice was given. Or for a s.21(4) notice where the notice period has to be longer than two months, a possession claim cannot be started based on that notice more than 4 months after the end date specified in the notice
Section 21s will now also have a shelf life, if possession proceedings are not brought within 6 months of serving the notice, the notice becomes invalid and a new notice must be served

New legislation to protect tenants from retaliative evictions.

Tenants in private rented accommodation ONLY, will be protected from eviction if they have made a legitimate complaint about the condition of the property to their landlord.
 
This New Retaliative Eviction law will come with rules which must have been followed Before a Section 21 notice is served by the landlord

  • Tenant must make a formal written complaint to the landlord of the disrepair/condition
  • Landlord has 14 days to respond (an adequate response by the landlord is a response in writing which—provides a description of the action that the landlord proposes to take And sets out a reasonable timescale within which that action will be taken)
  • If no response from landlord – a section 21 served now would be invalid.
  • Tenant must then report this unresolved issue to Local authority
  • ONLY once the local authority has confirmed that the repair needs to be carried out to prevent a potential risk to health and safety, will the new rules come into play.
  • The landlord will not be able to evict a tenant for 6 months
A landlord will also be prevented from evicting a tenant where they have not complied with certain legal obligations such as

  • Supplying Gas Safety Certificates
  • Supplying Energy Performance Certificates.
This restriction would be lifted as soon as these documents are provided

If a Property is on the market for sale, then it is likely the new rules will NOT apply to Section 21s regardless of the condition of the property

A section 21 served after 1st October, will not be required to expire on the last day of a period, all that will now be required is two clear months notice. To accompany this is the requirement to repay the tenant pro rata the ‘unused’ proportion of any rent paid in advance where the s.21 expires in the course of a rent period and the tenant leaves.