- Good repair
- Grounds for possession
- Harassment
- HMO licensing
- Home condition report
- Home information pack (HIP)
- Houses in Multiple Occupation (HMOs)
- Housing benefit
- Housing Health and Safety Rating System (HHSRS)
- Housing Ombudsman Service (HOS)
- Interest only mortgage
Contents
Good repair
By law landlords are required to keep their rented properties in good repair. Should it be ruled by local environmental health officers that a tenant’s health could be affected by the living conditions of a rented property, they would be able to claim compensation from the landlord.
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Grounds for possession
Under the Housing Act 1988 (as amended by the Housing Act 1996), there are 17 grounds in total that may be cited in possession proceedings against a tenant. Eight of these grounds are ‘Mandatory grounds for possession’ where a court is obliged to award possession of the property to the landlord as long as they have complied with the procedures set out in the Housing Acts and have served their tenant with all the appropriate notices. The other nine are known as Discretionary grounds for possession and vary from the eight mandatory grounds as they give the court some leeway.
Landlords can also seek possession of their properties if it becomes apparent that the tenant is no longer using the accommodation as his/ her principal home.
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Harassment
Under the Protection from Eviction Act 1977 it is a criminal offence for landlords to harass their tenants. Anything which can be construed as interfering with the peace or comfort of the tenant i.e. withdrawing or withholding services required for occupation or continually visiting/contacting tenants, is considered to be harassment.
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HMO licensing
As of 3rd July 2006 all large properties (in England and Wales) used for multiple occupations must by licensed by local authorities. It a criminal offence to let a property without a license and all those caught by the mandatory licensing provisions of the Housing Act 2004 could incur fines of up to £20,000.
Rental properties that require a license under this act are commonly known as HMOs and usually consist of three+ storey properties that contain five or more occupants who form two or more households – households being partners and relatives living together – and whom also use shared facilities such as kitchens and bathrooms.
These properties do not have to be entire houses but can represent part of a building that is let out to five or more unrelated people – even if the tenants have signed a joint tenancy agreement. NOTE: Attics and basements are included in the storey count if they have been turned into living accommodation.
PLEASE NOTE: in due course some local authorities plan to introduce additional licensing covering other HMO properties. For this reason it is recommended that landlords consult their local authority for local licensing requirements. If you are still not sure whether or not your property needs to be licensed, the Office of the Deputy Prime Minister has issued an explanatory leaflet ‘Landlords: Do you need a property license?’
In Scotland HMOs are defined as houses which are used as the only or principal residence of three or more qualifying persons from three or more families. This can include any part of a building that is occupied as a separate dwelling. This legislation covers not only ordinary shared houses, flats and bedsits, but all types of residential accommodation, including hostels, student halls of residence, and staff accommodation in hotels or hospitals.
In instances where separate units within a building share the use of a toilet, personal washing facilities or a kitchen, this is taken to form part of a single house.
Two people are considered to be a part of the same family if they are: partners (including same sex couples) or related. This can also include relationships by marriage or by half blood; children who are fostered, adopted or otherwise brought up as a member of the family.
All landlords must have a licence if they are given permission to turn a house into a HMO occupied property. Only the owner of the property can apply for this license, even if the property is leased to or managed by another person or organisation.
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Home condition report
An optional element of Home Information Pack, this report is based on an objective inspection of the property by a licensed home inspector. Within this report you will find highlighted defects within the property which are either urgent or serious as well as a general summary of all other parts of the house.
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Home information pack (HIP)
Unless the property is being sold for demolition, all sellers of residential properties must commission a HIP before putting their property on the market. This includes doing searches, providing title document and including an Energy Performance Certificate.
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Houses in Multiple Occupation (HMOs)
Under the Housing Act 2004, HMOs are defined – in England and Wales – as:
• entire properties/flats that are let out to three or more tenants, who are from two or more households and whom share a kitchen, bathroom or toilet
• houses that have been completely converted into bedsits or other types of accommodation that are not self contained; that are let to three or more tenants who form two or more households and whom share kitchen, bathroom or toilet facilities;
• converted houses that contain one or more flats which are – not wholly self contained; are occupied by three or more tenants (who form two or more households) and whom share facilities
• buildings which have been completely converted into self contained flats but do not meet the standards specified in the 1991 Building Regulations and where more than one third of the flats are let on short term tenancies.
In each of these 4 cases the property MUST be used as the tenants’ sole/main residence and it should be used solely or mainly to house tenants.
PLEASE NOTE: All of these properties could be subject to mandatory/additional licensing requirements, although it must be noted not all will be applicable . Only properties consisting of three or more storeys, with five or more occupants must require a licence
In Scotland there is a separate definition for HMO’s where all must be licensed.
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Housing benefit
Housing benefit is designed to help people who are on state benefits or whose income is too low to pay their rent. This is paid by local councils in arrears and can in fact be directly paid to a landlord. The amount given to a tenant is completely dependent upon their personal circumstances and the rental cost of the property.
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Housing Health and Safety Rating System (HHSRS)
According to the new Housing Health and Safety Rating System, all residential properties – as from April 2006 – require structures, a means of access, outbuildings, gardens, yard and other amenity spaces to provide a safe and healthy environment for all occupants and visitors. Properties should be free from unnecessary and avoidable hazards or be made as safe as reasonably possible.
As all properties contain some hazards these are judged on a ‘hazard rating’ which determines their severity. These ratings are analysed under 29 different areas of risk and within each area they are scored according to possible harms or adverse health consequences they could cause due to their perceived severity.
These risks include: death, permanent paralysis (from the neck down), regular to severe pneumonia, or 80 per cent burns or worse.
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Housing Ombudsman Service (HOS)
According to recent regulations, all residents living in properties managed by a provider of housing services registered with HOS can make a complaint to the Ombudsman. This includes all social landlords (housing associations) who are registered in England as well as certain private landlords and management agents.
The Housing Ombudsman Service itself provides a piloted voluntary Tenancy Deposit Scheme known as TDS for the private rented sector in England. Although this pilot has now ended, it still deals with tenancy deposit disputes which affect landlords within its jurisdiction.
The Housing Act 2004 has provisions for a mandatory national tenancy deposit scheme. The Ombudsman is considering proposals to provide a complementary dispute resolution mechanism. In the meantime, the Housing Ombudsman Service is not taking part, is not connected with, and does not endorse, any other initiative.
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Interest only mortgage
Is a type of mortgage where no capital repayments are made within a specified time period or until redemption.
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