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Landlord Law Newsround #304

This post is more than 2 years old

August 18, 2023 by Tessa Shepperson

Landlord Law Blog NewsroundWelcome to our weekly Newsround where we give you all the trending housing news. Let’s see what has been in the news this week.

Migrant checking will not be easy

One law firm, Brevis Law, has warned that the new measures coming into force in January 2024 for landlords and employers to check the status of their employees and tenants to prevent migrants living here illegally is fraught with risks if check are not done correctly.

Mandie Sewa, Head of Immigration at Brevis says

Most employers and landlords are not experts when it comes to UK immigration law and it’s clear that they are not being asked to check just one or two types of visas but a vast array.

Simple innocent errors could lead to huge fines, criminal prosecution, revocation of sponsor licences, possible claims of discrimination and reputational damage, especially as the Home Office releases quarterly reports in which they ‘name and shame’ employers that are found to have hired illegal workers.

She adds that the huge fines being introduced along with the reports could seriously put livelihoods at risk. Landlords will need to proactively mitigate their risk exposure by carrying out extensive checks on their tenant’s right-to-rent status, and stay up to date with all the current guidelines.

We wrote a post on the new increased fines here.

One in three homes at risk of overheating

According to new analysis out from the Resolution Foundation think tank, one in three homes are at risk of overheating, putting occupants at risk of fatal heat exhaustion, heat stroke and other cardiovascular and respiratory issues. It wants the Decent Homes Standard to be updated to say that homes should not become too hot as well as too cold.

They point out that it will be the poorest households who will be most affected by these extreme temperatures as it is usually flats and smaller homes most exposed to these extremes. Other factors include age, overcrowding, location, ethnic minority households and those that are in rented properties.

They also state that the same goes for workplaces as well. A representative said

With soaring summer temperatures of 40oC and above set to become normal in the UK, one of the main ways that climate change will impact the UK will be through the heightened risk of overheating, in both our homes and our workplaces.

Alongside their goal of reaching net zero without unfairly burdening lower-income households, policy makers must also ensure that people are protected from the dangers of climate change, including soaring summer temperatures.

Scotland to re-evaluate EPC system

The Scottish government are saying that EPC system as it currently stands will not meet the net-zero targets or drive forward energy efficient improvements and they want to reform the metrics and use an emmissions rating along with an energy use indicator.

They also want a fabric rating and a heating system type to give tenants and homeowners a better view of what they are buying or renting.

A consultant says

EPC metrics are widely used to provide information on a home, and yet, the current metrics do not accurately reflect the fabric efficiency of a home nor do they support our transition to net zero.

To address this, we are proposing to reform the current metrics to provide more holistic information about the efficiency of a home that is relevant to owners and occupiers.

These plans have yet to be made law, but it could be a better way of measuring efficiency.  Hopefully something similar will. be done in England too as it is generally believed that the current EPCs are not fit for purpose.

Don’t skimp on EICR reports

It looks like the cost of an EICR report can play a major factor when landlords are looking to get a report carried out, and without intending this, are putting their tenants at risk of fire when they opt for a cheaper electrician to carry out the report.

As we all know, landlords in the PRS have to have an electrical inspection under Section 5 of the Electrical Safety Standards Regulations 2020, and this should be done by a ‘qualified competent person’. However, there are now short courses out there that claim to train almost anyone for testing electrical installations. Consequently, landlords may unwittingly hire one of these as they are cheap, and risk putting their tenants at risk rather than selecting the most qualified electricians.

Some councils with selective licensing schemes will only accept reports carried out by a NIC/EIC or NAPIT registered electrician.

Phil Turtle, a fire compliance expert says that the low price may seem like a good deal on paper but cheaper inspections do not provide the correct level of detail to ensure tenants’ safety. A flat inspection should take around three hours but some of the cheaper inspections have been known to carry up to 10 inspections a day, which is not enough time to carry out a thorough check. He adds

As a responsible landlord, you have a duty to ensure that your tenants are safe and secure in their homes. That’s why we recommend that you use the services of a reputable company to carry out an inspection that only uses properly qualified NIC/EIC or NAPIT-registered electrician. Please don’t put your tenants’ lives at risk by cutting corners.

You can find a registered tester on the Registered Competent Person Website.

Snippets

Fixed Penalty Notice for rogue landlord who ignored improvements orders
Tenant jailed after conning kind-hearted landlord out of £212,000
Adverts for rented homes must be more accurate says Trading Standards
Landlord worried over plans to bring in compulsory ombudsman
Offical: Rental property shortage raises rents at fastest rate in seven years
Rising mortgage rates have reduced landlord earnings by £4,000 on average this year

Newsround will be back next week

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Filed Under: News and comment Tagged With: Newsround

Notes:

Please check the date of the post - remember, if it is an old post, the law may have changed since it was written.

You should always get independent legal advice before taking any action.

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Comments

  1. Roy says

    October 7, 2023 at 12:06 am

    Worse than that – an EIRC involves disconnecting some of the wiring in the consumer unit (“fuse box”) in order to do the tests, and then reconnecting it afterwards.

    Do you really want someone who is not a qualified electrician messing around in your consumer unit? You run the risk that you could start off with a perfectly safe installation, and end up with an unsafe installation afterwards – pass report notwithstanding.

    No one who is not a qualified electrician is going to go near the consumer unit in my home (and if I am ever a landlord in future that will apply to my rental properties, too )

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