PDPLA News

iHowz (formerly the Southern Landlords Association) have summarised some very useful advice for landlords on everything from how do you go about Gas Safety inspections when a tenant is self-isolating to what are the new rules on eviction. (Thanks to iHowz for allowing us to share) This has been updated with links to the NRLA webinar and information on this topic.

The problem: As soon as an HMO property drops below the C4 threshold it becomes a C3. No planning permission is required to go in this direction, but you will need it to go back to C4.

Hopefully members have received the email outlining our efforts to coordinate the availability of short term accommodation, whether for those self-isolating or recovering, for key workers or the homeless.  If you missed it, we reproduce it here. 

Portsmouth has released a draft of its strategy aimed at achieving an active and well-functioning Private Rental Sector which works fairly for all. Read on for an overview of the strategy and its aims, written by Portsmouth's Cabinet Member for Housing, Councillor Darren Sanders.... 

Subject to approval by both Houses of Parliament, landlords and agents will need to ensure electrical installation inspections and testing are carried out for all new tenancies in England from 1 July 2020 or from 1 April 2021 for existing tenancies.

The Government has produced The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 which state that landlords must ensure every fixed electrical installation is inspected and tested at least every five years by a qualified person. The Regulations also state that a landlord is required to obtain a report of the results of the inspection and test, supply it to each tenant within 28 days and retain a copy until the next inspection is due.

Obviously, in the current environment, these plans may be delayed but the key point, that many people overlook, is that an electrical inspection checks an installation meets CURRENT standards and these standards change and become more rigorous every year – so if your property has not had a major electrical upgrade in the past 10 years, it will probably need one now and that will mean major disruption for your tenants. 

We know many landlords have lost a room in Portsmouth after applying for a Mandatory HMO licence when the new rules came in last October. This is typically a 5-bed going to a 4 or similar, due to communal space not meeting PCC's very high requirement (compared to every other council in the country).

If this is you – what have you done with that room? For many, we know it is just wasted as a separate 7 or 8 square metre room in a property where the inhabitants do not live as a cohesive group has no value. The individuals often use the communal kitchen but take food to eat in their room and don't use the rest of the house except, obviously, the bath/toilet facilities as required.

One issue we are finding is that unbeknown to the landlord, one or more of the tenants decide it is a 'wasted room' and they let one of their friends live there….

Thanks to Alwin Oliver and his team at Flats In Southsea for allowing us to share this advice which they produced for their own landlords, tenants and contractors 

Some years ago, Portsmouth City Council (PCC) enacted an 'Article 4 Direction' requiring planning permission for new HMOs. This overrides the usual permitted development rights a landlord has to use a normal residential property as either a non-HMO, (C3 use class i.e. family type residence) or an HMO occupied by unrelated sharers (C4 use class). There are many HMOs that do not have or require planning permission as they have been in continuous HMO use since November 1st 2011 when the Direction commenced.

The planning enforcement team are currently writing to landlords asking them for proof of continuous use - do you know what you need to do?  Have you kept records to show how your property has been used?

At our meetings this month, we had representatives from Portsmouth, Havant and East Hants all keen to find landlords to work with in their efforts to reduce homelessness. Watch the video of the session with Portsmouth and Havant from our February 2020 members meeting and read on for details of the working group that Portsmouth wants to put in place to better understand what is important to us as landlords. 

Later this month, the Homes (Fitness for Human Habitation) Act fully comes into force. What does that mean for landlords? From March 19th tenants will be able to sue for compensation for issues such as mould and damp.  

Written & oral information and advice from the Portsmouth & District Private Landlord's Association is given in good faith, but no responsibility whatsoever is accepted by the Association or it's officers for the accuracy of it's information & advice nor shall the Association be held responsible for the consequences of reliance upon such information.

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