Landlord Law brings you the latest housing news for landlords. Let’s see what has been in the news this week.
Right to Rent Guide updated
The government has updated its guidance this week for landlords and letting agents on Right to Rent. Whilst there are only a few updates you need to be referencing the correct version of the Home Office’s guide. The updates are as follows:-
- Clarification within List A Group 1: Definition in footnote 1 includes that ILR endorsements in a current passport from a Crown Dependency are acceptable proof of right to rent.
- Updates to Annex C: Ukrainian nationals and right to rent, including advising of schemes which are now closed, and changes made to the Homes for Ukraine scheme which means some visa holders, who applied to the scheme after 19 February 2024, will have 18 months permission to remain in the UK
You can read the new guide on the governments website here.
EPCs below ‘C’ will be banned from letting after 2030
Ed Milliband, Labours’ Energy Security & Net Zero Secretary has stated this week at Labours annual conference that all properties rented out in the private rented sector will have to be a minimum of an EPC ‘C’ rating by 2030, if they are not then they will be banned from renting out the property.
He states that homes are being rented out which are below decent standard and he wants to ‘end this injustice’ giving everyone warmer homes and lower energy bills.
Chris Norris, Policy Director for the NRLA says in response
The Government’s approach must involve a clear and comprehensive plan which recognises that the sector has some of the oldest, and hardest to improve, properties in the UK’s housing stock.
The sector needs a clear trajectory setting out what will be expected of it and by when. This plan must also ensure enough tradespeople are in place to undertake the work that will be required.
He has called for a financial package to support the investment landlords will have take, the PRS is the only sector without a ‘bespoke package’ to help support the upgrading of homes.
A consultation is expected later this year, and it is thought it will include a cap on the amount landlords will have to spend on upgrade work. The figure is thought to be in the region of £10,000 but this has yet to be confirmed.
45% of homes are already at an EPC ‘C’. However, a third of rented homes were built before 1919 and upgrading these will be more difficult and expensive.
Council launches initiative to help combat damp in PRS
Breckland Council has launched a new pilot initiative to help tenants and support landlords to tackle damp issues within their homes. Tenants can borrow a small device called a ‘data logger’, which will record the amount of humidity levels and other information to help tenants understand how simple lifestyle changes can help resolve some damp and mould instances.
The tenants are invited to a ‘clinic’ where they will be advised how to use the tool along with their rights and responsibilities.
The council’s private rented sector staff have had specialist training and will be working more proactively with landlords as well, both in advising them of their responsibilities and how to avoid damp in their properties. Funding could also be available along with a landlord forum event.
A spokesperson for the council said
By working collectively with landlords, tenants, and our partners, we will together further improve the quality of health and housing across our district.
Landlord Law members can listen to a recent webinar we held on damp and mould with Paul Fitzgerald where he talks about data loggers and their usage. It is also included in our Dealing with Damp kit.
Ignore Planning Enforcement at your peril!
An HMO landlord couple in Dagenham have been fined a staggering £18,000.00 for continuing to operate an HMO despite the council serving them a Planning Enforcement Notice to stop using the property as an HMO.
Colin & Susan Woodward were granted an HMO licence in 2019, however they were told by the council that they needed planning permission to operate the building as an HMO. This planning application was refused in 2020 and they were served with a Planning Enforcement Notice and told to stop using the property as an HMO.
The Woodwards’ appeals were dismissed but they carried on operating it as an HMO when the officers paid a visit to the property. The courts then fined them £6000 each along with £3000 costs following their guilty plea.
A spokesperson for the council said their ‘actions demonstrate the council’s commitment to ensuring all properties comply with planning regulations’.
Snippets
Landlord fined £5000 after failing to get HMO licence
Council eco-officers demand more resources to enforce EPC changes
‘Looming tenancy reforms will make rent to rent agreements much riskier’
Council consults over expansion of selective Licensing scheme
Landlords alone cannot solve damp and mould issues – Propertymark
Angela Rayner hints at major social housing announcement
See also our Quick News Updates on Landlord Law
Newsround will be back again next week
The Right to Rent update is a small step, but it doesn’t address the bigger issues. The scheme puts landlords in a tough spot, essentially turning them into border control, which has led to concerns about discrimination. These constant tweaks don’t fix the core problem.
As for the EPC changes, the idea of banning rentals below a ‘C’ rating by 2030 is ambitious, but the government seems out of touch with the reality landlords face. Retrofitting older properties is expensive, and without clear financial support, many might struggle to comply, potentially making the rental market even tighter.
Breckland’s damp initiative sounds great on paper, but it puts too much emphasis on tenant behavior, while structural issues are often the real cause. Educating tenants is helpful, but landlords must be held accountable for fixing the root problems.
Lastly, the Dagenham case is a clear warning: follow planning rules or pay the price. But why was an HMO license granted without the proper planning permission? Councils need to get their processes aligned to avoid these costly mistakes.