NBBC Environmental Housing Update and round-up David Baxendale

Smoke and CO alarms Council policy agreed 2/12/2015 – statement of reasons, fine levels, WFRS are ‘appointed persons’ Have served 15 Remedial Notices so far (11 more pending), all but 1 for smoke (absence or not functioning), the other CO. Vast majority complied, 2 failed – leading to work in default and civil penalty notice (£1000). 1 paid (£750), 1 challenged Free detectors may still be available from WFRS to collect if not fitted – landlord or tenant may call, up to 5 properties each landlord, tel or web

Housing and Planning Bill Wide ranging, diverse content – just look at section headings, Extending RTB to housing association tenants, paid for by Councils sale of stock. Not likely 1:1 replacement, may be starter homes or shared ownership, else higher rents. Perhaps 3% of social tenants may be able to access. Forcing Councils to sell vacant high value stock Ending lifetime tenancies Forcing higher earners to pay more rent – pay to stay Landlords able to recover abandoned properties easier

continued … Action on ‘rogue landlords’ – some Councils given more cash to enforce Banning orders Database of rogues Rent repayment orders for wider offences Civil FPNs as alternative to prosecution Fiddling with HMO license conditions Increased fines for overcrowding – never happens anyway! Tenancy deposit info available for other purposes – intelligence led enforcement HOUSE OF LORDS

The ‘right to rent’ – tenant immigration checks Piloted 5 WM authorities since 2014 – hundreds of fines issued, may have displaced tenants into adjacent areas or grey market – or ‘home’ Rolled out nationwide – now applies to all No obligation to check tenants immigration docs. – but DEFENCE New tenancies only, from operative date OBTAIN, CHECK, COPY Time limited right to stay – diary 12 month check. Fine up to £3000 per tenant

Contact details, guidance, references #1 The Landlords Checking Service will give a YES or NO answer where: The tenant’s documents are with the Home Office as they are pursuing an application or appeal to remain in the UK. Landlords Checking Service: The Landlords Helpline will provide general advice but cannot: Verify individual documents. Give out details of individual cases. Landlords Helpline: ☎ Report tenants who no longer have a right to rent following repeat checks to the Home Office at

Guidance #2 Landlords Code of Practice: of-practice of-practice Landlords Guide to Checking Immigration Documents: documents-right-to-rent-checks documents-right-to-rent-checks Report immigration crime: Guidance on examining identity documents: identity-documents identity-documents

Housing enforcement – the journey from complaint to conviction Lots of rules, some need license, gas safety checks, tenancy deposits, protection against harassment & illegal eviction, insurance, tax … Keep it simple – housing standards: avoidance of serious safety risks Tenant has rights – but responsibilities … pay bills, behave (inc. visitors), leave when due, not sub-let, no pets / smoking, access, Landlord has rights, but responsibilities … keep in good order, services & utilities, no overcrowding, respect, etc. Tenant may wish to report defects – why treat as negative complaint? Council will encourage tenant to refer first to landlord, avoid / defer retaliatory eviction.

continued … Some matters are trivial, some are self-inflicted, some are unreasonable or unrealistic – Council is ‘referee’, not taking sides Minor matters may be addressed verbally, by etc. Some may be ‘category 2’ hazards, less serious, can still enforce (power) Others may be serious category 1 (or high cat 2) – DUTY Council has emergency powers – ERA/EPO Powers of entry – s.239 except urgent. Notice of powers & rights Obstruction (offence) – warrant, by force if needed Enforcement visit – evidential, like Police (PACE) process - evidence

and then … FINALLY Matters put in writing – enforcement (improvement) notice, or HAN, prohibition order, suspended order/notice etc. – all or part of property Schedule of defects, remedial works, dates, advice, right of appeal – service Compliance? If not – WID / prosecution review Summons ….. Court appearance Verdict – prison/suspended, fine, costs (us, them, Court, victim), cost of works also … ?? examples Other ‘costs’ … reputation, business loss, lender response, compensation, increased scrutiny, impact on future activity ICEBERG – only top few % visible