Hi, I’m Lesley Henderson – still writing after all these years! Credits to date: ‘Landlord’s (and Tenant’s) Survival Guides’, BBC radio work many other articles, plus giving independent advice – oh and a private landlord. Busy life. So when I got in touch with my old colleague Tom from LandlordZONE, to tell him to mention my new advisory website, he offered me the chance to write another article for LandlordZONE. But Tom’s a rare gentleman.

And I did have a list a mile long of hot topics I wanted to discuss – I did …. until a heartrending plea dropped into my inbox. And then everything changed. I really thought I’d heard it all after 40 + years in Lettings. But I was wrong. Could even a novice landlord have been so badly fooled, badly advised and charged so often… even as we approach the 25th year of Assured Shortholds? Well, after some serious checking, I found that, yes indeed, they could.

I decided to share my fury with Tom’s readers, as a kind of Q&A of what can still happen to any under-informed landlord who isn’t armour plated with lettings facts, before trusting an £££asset to some ‘local’ agent. So let’s share a summary of awful loss, frustration, distress and, desperation in 2013.

You think I’m exaggerating? Well, judge for yourself.

1. “I used a local High Street agency to let out my house – because I didn’t know all the rules.”

Always check, before you pay a brass cent, what you’re paying an agent to do. Look online for a long trading record and reviews. Double check everything before signing over valuable property assets.

2. “My house was let – and the agency took 2 month’s rent as the fee, and the deposit – which they said they’d send to a Deposit Scheme. They didn’t. In fact they went bust and the shop just closed.

Phones and emails went unanswered – they just ran off with everyone’s money. ”

Anyone can set up a letting’s agency – there’s no requirement for honesty. So check! Agents can disappear into thin air; leaving landlords robbed blind. No deposit scheme. Nor rental insurance she’d paid for. No rent. Just an occupied house.

3. “The agent let my house to someone on benefits. Once they’d shut down, I struggled to get my rent from the tenant but couldn’t.”
Insist on reading any letting agents contract. Sign nothing till you’re happy. Have ‘No Benefit Tenants’ in writing if that’s what you want. If the contract’s 30 pages long BE-WARY and read every word.

4. “This has now gone on for 2 years with no rent. I was advised to serve my tenant a Section 21 Notice. The tenant was (correctly – this is a legal anomaly) told by a Housing Officer not to move out without a Court Order. Costly advice told me to head for Court. But the Court wouldn’t make any Possession Order as I didn’t have the tenant’s deposit in a Scheme. The agents had stolen that too. So I lost.”

Who in their right mind charges a landlord in this mess to seek a Section 21? The judge was right. No Tenancy Deposit Scheme – no Section 21 Possession. Plus a fine. And the long weeks rolled on as the landlord repeatedly begged Tenancy Schemes to accept her own cash in lieu of the stolen deposit. They couldn’t accept it. Out of time.

5. “The first judge had said to ‘get a deposit in place’ then apply for Section 21 again. After weeks of begging someone to accept my cash – one sympathetic TDS accepted it and issued the papers. But when I applied again for a Section 21, a different Judge said that the TDS must be in place as soon as the deposit was given by the tenant – it seems I’d been told the wrong thing again. I’m now told this
TDS certificate is years too late for any Section 21 Notice and I am desperate. Years of lost rent, stolen deposits, advice that costs a fortune and never works.

Can someone please help me. I desperately need to get back into my own home now – I am running out of money renting another house to live in, while my tenant lives rent free in my home. Please, please, can someone help me sort this out. I just want my house back.”

What charlatans charged this woman to seek a Section 21 TWICE, when she couldn’t use it anyway? She could easily have used one of several Mandatory Grounds, not least the rent arrears using

Ground 8. As for the ‘lost rent’, it’s not ‘lost’ – it’s been stolen by the tenant and needs repaying by whatever means. All of which she’s now happily proceeding with, relieved to just get back on course.

What’s needed is not always costly legal advice, just the Right Advice. The ’88 Act is a simple contract between landlord and tenant. There’s all any landlord (or tenant) needs, and all available on sites like Landlordzone, NLA, LandlordLaw and many others, even my own new advisory site:- www.tenantandlandlordrights.co.uk/ that I had rather hoped to be writing about! A book for reference is a must (you can buy mine or others for pence + P&P, second-hand on http://Amazon.co.uk/ )

So I’m sorry you didn’t hear much about The Localism Acts’ impact on us landlords, the TDS changes, the HMO impacts, the sneaky loss of Greater London’s ‘sub’s – let alone the Chancellor’s latest counter-intuitive wheeze to pump up our very own Sub Prime mortgage market – likely to *POP* at the first hint of interest rate rises.

Maybe Tom will find room for a couple of these worthy topics in later LandlordZONEs – but I just thought it was more important to share what’s still happening to under-informed landlords who don’t learn the rules – or check up on their agents.

Shysters and crooks have always found wriggle room in rentals – and nothing’s changed but the size of the mortgages.
Lesley@onlinetenancysolutions.co.uk

A home is more than a construct of cement, wood and wire. It is even more than a place for us to live, eat and sleep in. A home represents our personal area, our past our present, our families and our accomplishments. There is some deep inert need to find a safe and secure place to spend our days but unfortunately for one reason or another our homes may occasionally be subject to invasion.

Generally speaking, the UK is a pretty safe place to live. In fact, it’s getting safer. Even during economic times that should see crime, according to models, be on the rise. 8.9 million crimes were reported in 2011/12, down from 9.6 million in 2010/11. Property crime is predicted to rise in times of economic strife but this simply hasn’t been the case, much to the confusion of criminologists and experts. Nobody is really sure what the main reason for the decline is but it would be folly to assume that crime is no longer a problem.

Although crime has fallen this doesn’t mean we can forget about taking measures to ensuring our properties are safe and secure during both day and night. After All, in 3 out of 10 burglaries thieves do not have to use force to enter a property. They get in through an open door or window. Listed below are some prevention methods to make it all the more unlikely that you will suffer a property crime:

Locking Doors

Perhaps the most obvious point on the list but equally the most important. Some people may forget to lock all doors to their house, not just the front door. The type and amount of locks on a door is also important. An external door should ideally have 3 locking points. A mortice lock adds considerable strength to a door and deadlocks make it harder for thieves to get out once in.

Spare Keys

A massively risky thing to do yet commonly done by thousands of people every day. Leaving keys in a secret hiding place under a rock or even in a garage or shed makes it very easy for a potential thief to enter your property. If you must leave a spare key in a garage or shed ensure that they locked and consider installing an alarm.

Home Alarms

A home alarm may seem like a drastic measure to secure your home but they do provide great peace of mind. Installing an alarm may incur a few costs but the security it will provide will pay dividends. If you do install an alarm ensure that is always on and that there are warnings of the alarm visible to potential burglars.

Lighting

Automatic lights are a very effective deterrent to would-be burglars as they tend to stay away from well lit areas. Ensure recessed areas have adequate lighting and that this lighting doesn’t disturb your neighbours. Lights can be fitted with both sensors and timers to increase their effectiveness. Timers can be set so that the lights come on if you are away for a night, while sensors will instantly illuminate an area where motion is detected.

Both student and rented housing can come under particular threat from property crime. Student houses are known by thieves to hold a number of valuable items inside. As a landlord it is your responsibility to ensure that the home you are providing is deemed secure. If you are sceptical of implementing changes remember that it will be cheaper to install prevention methods than to deal with the consequences of a crime. Remember to ensure that you have the proper planning permission from the council before making any changes.

Of course, a property can never be completely secure from unwanted visitors but choosing to implement one or all of the above will significantly lower the chances.

http://www.heramanagementservices.co.uk/

The Regulatory Reform (Fire Safety) Order 2005 (RRFSO) charges the responsible person(s) in control of a non-domestic building or the shared / communal areas of houses in multiple occupation (HMOs) with the safety of everyone, whether working, visiting or living there. The HM Government entry level guide to the RRFSO, “A short guide to making your premises safe from fire” (June 2006), notes that “the responsible person, either on their own or with any other responsible person, must as far as is reasonably practical make sure that everyone on the premises, or nearby, can escape safely if there is a fire”.

Fire separation and compartmentation are key to containing fires and protecting escape routes; the following is an extract from the local government LACORS publication “Housing – Fire Safety: guidance on fire safety provisions for certain types of existing housing” (see pp 19–21):

“19.1 In addition to providing a protected escape route, it is necessary to restrict the spread of fire and smoke from one unit of accommodation to another. This is termed compartmentation. Fire-resisting construction enclosing each unit of accommodation creates a compartment that will contain fire and smoke within it for a period of time, leaving adjacent units free from the effects of fire during that time.

19.2 The recommended standard of fire separation in the types of premises of normal risk covered by this guide is generally 30 minutes… Where the fire risk assessment identifies specific higher risks then a higher standard of fire resistance may be required (usually 60 minutes) or additional fire safety measures should be installed… Attention should be paid to any ductwork that passes through the separation. This will require protecting to the same standard of fire resistance as the partition itself.”

Passive fire protection (PFP) is a fire rated means of ensuring that the smoke, flames and hot gases of a fire are contained for a period of time that is long enough to enable not only the safe evacuation of the occupants but also the arrival of the fire services. It also acts to reduce the spread of the blaze to make the building as safe as possible should fire fighters have to enter it. So much of fire safety protocol revolves around the swift and safe evacuation of the occupants of a building but it is also of vital importance to consider the risk to fire fighters who have to confront the blaze when everyone else has escaped. PFP measures can therefore be seen to fulfil the duty of care of the responsible person(s) to everyone in a fire situation, including members of the emergency services.

Government guidelines note that there are several methods and products available that will achieve the required standard of fire resistance, some of which may be more appropriate than others for the existing construction of your premises. If there is any doubt about how your building is constructed, then it is important to ask for further advice from a competent person (Fire safety risk assessment: sleeping accommodation, May 2006, p 122). In respect of new build, extensions, structural alterations, etc, all work should be carried out in accordance with The Building Regulations 2010, Fire Safety, Approved Document B.

It is interesting to note that, in respect of the structural aspect of fire safety, the approach of the regulations in Volume 1 (Dwellinghouses) and Volume 2 (Buildings Other Than Dwellinghouses) is very similar. This is because PFP measures are implemented with the purpose of containing / compartmentalising / retarding the spread of fire, a guiding principle that extends across all buildings, regardless of their use and function.

PFP and the Building Regulations

In respect of internal fire spread (structure) The Building Regulations 2010 stipulate the following (Requirement B3):

• Where reasonably necessary to inhibit the spread of fire within the building, measures shall be taken, to an extent appropriate to the size and intended use of the building, comprising either or both of the following –

(a) sub-division of the building with fire-resisting construction;
(b) installation of suitable automatic fire suppression systems.

• The building shall be designed and constructed so that the unseen spread of fire and smoke within concealed spaces in its structure and fabric is inhibited.

Fire Safety, Approved Document B, Volume 2 – Buildings Other Than Dwellinghouses: p 67

In respect of compartmentation, Section 8 of the Regulations states (p 71) that the object is twofold:

a. to prevent rapid fire spread which could trap occupants of the building; and

b. to reduce the chance of fires becoming large, on the basis that large fires are more dangerous, not only to occupants and fire and rescue service personnel, but also to people in the vicinity of the building.

In respect of the protection of openings and fire-stopping in order to inhibit the spread of fire, 10.2 of the Regulations states (p 85):

If a fire-separating element is to be effective, every joint or imperfection of fit, or opening to allow services to pass through the element, should be adequately protected by sealing or fire-stopping so that the fire resistance of the element is not impaired.

The Building Regulations then proceed to identify two main types of opening that could compromise the integrity of a fire resistant structure: openings for pipes (10.5); and ventilation ducts, flues, etc. (10.9). At 10.17, additional provisions in respect of fire-stopping are detailed as follows:

a. joints between fire-separating elements should be fire-stopped;

b. all openings for pipes, ducts, conduits or cables to pass through any part of a fire-separating element should be:

i. kept as few in number as possible; and

ii. kept as small as practicable; and

iii. fire-stopped (which, in the case of a pipe or duct, should allow thermal movement).

PFP product overview

As noted above, as well as internal doors, every service that is installed in a building, such as water pipes, electrical sockets, cable trunking and lighting units, can compromise the fire resistance of a compartment / room by creating openings in its walls, floor and ceiling. The role of PFP is to seal the gaps these penetrations create should the worst happen and fire break out. All products designed to fulfil this criteria are fire rated, i.e. certified to resist fire for a specified length of time, which can be anything from 30 minutes to 4 hours. They all include an intumescent material, which remains dormant, or passive, during normal conditions but swells to many times its original size when exposed to the heat of a blaze.

Although it is not possible to review every type of product in this article, a few examples are given below to illustrate the way in which PFP fulfils the requirements of the RRFSO and Building Regulations.

Fire doors, whose purpose is to contain a fire / protect a designated fire escape route, should be fitted with intumescent fire and smoke seals, either around the edges of the door leaf or the frame. These seals are an integral part of a fire door structure and ensure that, not only is the spread of fire prevented, but also and more importantly the ingress of cold smoke in the early stages of a fire. Smoke is known as the silent killer as it can overwhelm the occupants of an enclosed area long before the heat and flames of a fire are sensed.

The hot gases of a blaze can also move swiftly around a building, undetected at first, for example through air conditioning ducts. Intumescent air transfer grilles, which are typically 30 or 60 minute fire rated, allow air to circulate freely around a building under normal conditions, but the intumescent material swells and creates a barrier to restrict the passage of hot gases in a fire situation. They are suitable for use with both fire rated doors and compartment walls.

Intumescent pipe wraps and collars are designed for use on plastic pipes that pass through masonry floors and walls; the intumescent material expands inwards in a fire situation to squeeze the collapsing pipe until the opening is completely sealed.

Intumescent downlighter covers and fire hoods / canopies for recessed light fittings prevent fire from penetrating the ceiling void and thus preserve the fire resistant integrity of the ceiling; they are typically 30 or 60 minutes fire rated.

Electrical sockets in walls and skirting boards are another vulnerable point in a fire rated compartment; intumescent socket box inserts / covers expand to fill the electrical box in a fire, preventing the spread of flames, smoke and hot gases.

When choosing PFP products, it is important to ensure that they have been tested to the relevant, current British standard: for example, BS476-20: 1987 “Fire tests of building materials and structures: method for determination of the fire resistance of elements of construction (general principles)”.

It is also recommended that CERTIFIRE approved products are used. CERTIFIRE is a national certification body that specifically operates in the field of PFP. Its quality mark reflects, not only compliance with the minimum regulatory requirements for CE Marking, but the additional requirements of ISO9001:2000 certification and independent audit testing. The technical specification against which certification is awarded is known as the Technical Schedule, which describes the design and performance features a particular product must exhibit in order satisfactorily to fulfil its fire protection function.

Existing buildings: what if an upgrade is impractical?

Although it is best practice to upgrade an existing building in terms of its fire resistance, this approach may not always be feasible. In such cases, it will be necessary to adopt compensatory measures, in respect of which the Local Government Association publication “Fire safety in purpose-built blocks of flats” (May 2012, p 72) offers the following guidance:

“As a benchmark, the minimum levels of fire resistance for compartment walls and floors for existing blocks of flats should be:

• Three-storey – notional 30 minutes fire resistance

• Four- and five-storey – full 30 minutes fire resistance

• Six-storey and above – 60 minutes fire resistance

In certain situations, in existing blocks where these periods of fire resistance are not met or cannot readily be achieved by upgrading, compensatory fire protection measures may need to be considered. These measures might include one or more of the following:

• Improving the means of escape by providing an alternative escape route or upgrading protection to the enclosure of escape routes to current benchmark design standards, e.g. FD30S doors

• Provision of an automatic fire detection and alarm system to compensate for the reduced levels of fire protection

• Provision of a sprinkler, or other suitable fixed automatic suppression system”