Fresh rules to raise standards in private rented houses in multiple occupation have come into force in the past week. Landlords who run their properties well have nothing to fear - but those who do not may find their local authority exercising its new powers.
The new powers are additional provisions to the Housing Act 2004 and came into force on April 6. Many local authorities already keep a register of houses in multiple occupation (HMOs), but the new regulations bring in mandatory licensing of high-risk properties to protect the most vulnerable tenants.
An HMO is defined as an entire house or flat, or a house converted entirely into bedsits or other non-self-contained accommodation, which is let as a main residence to three or more tenants who form two or more households and who share a kitchen, bathroom or toilet.
Properties with three or more storeys and occupied by two or more households comprising five or more people are considered high-risk and are subject to mandatory licensing. Councils may bring in additional licensing for other types of properties to address particular problems, and have the power to prosecute anyone who does not hold the necessary licence.
The duties of property managers have also been tightened up. Those who fail to comply may face criminal sanctions.
Duties range from the landlord's contact details being made available to every tenant to his providing sufficient rubbish bins.
Responsibilities regarding safety include ensuring all fire escapes are kept clear and firefighting equipment and alarms are in good working order, and that roofs, balconies and staircase windows are safe.
Handrails, banisters, windows and other means of ventilation must be kept in good repair, stair coverings must be fixed and there must be adequate lighting.
Every gas appliance must be tested at least once a year and every electrical installation at least every five years by recognised engineers, with certificates supplied to the council within seven days if requested.
Local authorities can even take over the management of private rented property if they believe the welfare of tenants to be threatened.
Councils can also make an interim management order to crack down on anti-social behaviour, and can step in if the landlord fails to take appropriate action.
This is only a summary of the new rules and landlords are urged to seek advice as enforcement against those who fail to meet their duties may now be more likely.
* Ursula Collie is a partner of Blackett Hart & Pratt in Darlington. For more information, contact her on (01325) 466794.
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