Landlord Steering Group
Wednesday 16th September 2015
2.30pm – 4.30pm
Riverside, Warwick District Council, Leamington Spa
In attendance: Richard Thomas (Chair), Paul Hughes (WDC), Becky Frazer (Secretary/WDC),),
Cathy Cattel (Warwick University), Matthew Scott (Warwick University), Richard Woodcock
(Landlord), Carol Duckfield (Landlord), Anthony Kempster (Agent/Landlord), Terry Samuel
(Landlord), Gurmit Singh (Landlord), Nick Gray (WDC), Katy Wild (WDC) and Mary Latham
(NLA).
Minutes
1. Welcome and Apologies
Apologies received from Mark Lingard, Paul Chapman, Hardeep Malle and William
Mackinnon-Little. Norman Walton has left WDC and will no longer be attend the steering
group.
2. Minutes of Last meeting/ Matters Arising
TS advised members that the venue for the Landlord and Lettings Show had been changed
to the Ricoh Arena, Coventry. RF advised that Private Sector Housing no longer plan to have
a stall at the show and are going to run a week of advice sessions as part of ‘Private Sector
Housing Week’ to target Warwick District residents and in particular the incoming students.
RF advised that the response from the Revenues department regarding discounts was that
there are no plans to extend 1 month discount to furnished properties and this is in line with
neighbouring Local Authorities. TS proposed that the steering group produce a response. RT
requested that RF collate any responses by members and he will produce a collective
response.
ML stated that most students are now on 12 month tenancies, sometimes with a one month
rent holiday to eliminate the issue of Council Tax during voids. CC raised the issue of turning
the property around for a new letting. ML advised that student landlords in Birmingham
turn the properties around in short periods of time. Works to the property are negotiated
with the students for times they are not in the properties.
CC and GS advised they had established with Norman Walton that they receive Class M
exemption due to the provision of accommodation for an educational establishment. T.S
highlighted this does not extend to independent private landlords.
RW enquired if this was also the response from Stratford District. RF confirmed that the
discounts offered by SDC are for unfurnished properties also.
TS requested that edited terms of reference be made available at the AGM.
3. Student Refuse Update (Nick Gray, WDC)
NG confirmed that the restructure had now taken place in neighbourhood services and
arrangements were being put in place for student refuse communications. NG thanked the
members for comments in the short consultation period, letter has been sent out with
council tax invoices. Changes suggested by members have been incorporated into the letter
which NG circulated.
Members were happy with the final letter. M.S suggested that the infographic on the letter
be added to the WDC website so the university can email a link out. MS advised the best
time to send welcome letters was October to avoid getting lost in the start of term
communications. NG advised letter had been sent with council tax letters in September to
be cost effective.
Members discussed the end of term letters to prompt students to get rid of refuse. CC
advised that timing is challenging as students are all leaving at different times. MS suggested
the leaving letter be sent early June. PH suggested the University could circulate the letters
also.
MS enquired if neighbourhood services can collect refuse outside of collection days that
neighbours have complained about. MS advised council officers in Birmingham are issuing
on the spot fines to HMO landlords where refuse issues are observed. MS receives
approximately 50 complaints a year regarding refuse. NG advised they are able to do
collections if refuse is outside the properties curtilage. If the owner of the rubbish is
identified they can be charged/fined. No fines have so far been issued.
T.S advised landlords to highlight the appropriate clause in tenancy agreements with the
tenants and stipulate that rubbish must be cleared before the check out. T.S proposed the
use of skips. NG advised this is not necessary due to improvement in the amount of waste
left behind in recent years.
4. Sharing Best Practice
TS shared his ‘Tenant checkout guide’ and proposed that this be shared and promoted if
appropriate. TS sends this out every year at the start of the tenancy, students have advised
him they find this useful.
ML advised that any publications produced and shared by the group should be checked for
legalities. RF agreed to make enquiries with legal department about any concerns over
sharing this information or guides outside the group.
T.S is pleased with the progress of the area on the WDC website, but would like to develop
this further with practical guides.
5. Role of the chair.
TS proposed that defined roles for the Chair, Vice Chair and Secretary be created and
incorporated into the terms of reference. T.S circulated Chair role suggestions.
RW and RT expressed concerns that the roles were voluntary positions which members took
up alongside employment and that the creation of extensive role descriptions may put
future members off taking up the roles.
T.S is keen to develop the group and advised that the creation of roles provided a remit
which the Chair, Vice Chair and Secretary would operate within.
PH proposed that they could be viewed as a set of guidelines for incoming members to help
explain the role. PH, RF and RT agreed to meet before the next meeting to create role
guidelines to propose at the AGM.
6. Smoke and Co Detectors
ML advised that the incoming regulations which start on 1st October 2015 do not apply to
HMO’s. PH advised they may apply to non-licensable HMO’s. Co detectors are only required
where there is a solid burning fuel source eg. coal/woodburning stove. There must be a
smoke alarm on each floor of the property. The landlord must test the alarm at the start of
each new tenancy and every twelve months thereafter. Landlords are advised to keep a
record of their testing regime. CC advised that although Co detectors are not required by
law, Warwick Accommodations always installs them in bedrooms with boilers in as a safety
measure. ML agreed that the increase in tenants safety in having a Co meter outweigh the
costs and it is good practice to install them.
PH confirmed the duty for enforcement is with the Private Sector Housing Team, the
maximum fine is £5000 for non-compliance and works in default will be considered. ML
advised that Homestamp had proposed a lower fine for initial offences and then the full fine
for repeat offenders.
GS enquired about the necessity of having a professional legionella risk assessment carried
out. ML advised that having a legionella risk assessment for landlords who do not have open
tank water systems was a recommendation only. ML advised the risks can be minimised by
unscrewing the shower head and cleaning with bleach and leaving the hose down in the
bath/shower tray during voids. Visit the property during voids to run taps/flush the taps and
turn taps on slowly to prevent water droplets splashing. T.S advised he has a risk assessment
which states ‘no risk’ and details activities to manage the risks.
7. Information From Meetings attended
ML advised that for tenancies beginning after October 1st 2015 landlords would have to
a)
b)
c)
d)
Provide a copy of the EPC at the viewing and at sign up
Give the tenant a copy of the gas safety certificate at sign up
Give the tenant a copy of the ‘How to rent guide’ at sign up
Give the tenant the deposit protection prescribed information within 30 days of
taking the deposit
If the landlord fails to provide the required information above then they will be unable to
use section 21 to evict the tenant. Landlords who do not have a licence for a House in
Multiple Occupation when one is required will be unable to use section 21 to evict a tenant.
There will be a prescribed section 21 form (currently awaiting the final version).
Section 21 cannot be served in the first four months of a fixed term tenancy. It does not
have to be dated to end on the last day of a rental period.
ML advised that the requirements from the De-regulation bill will also come into force on 1st
October 2015. Landlords must address tenants’ repairs complaints promptly and keep good
records of actions taken. ML advised that there are concerns that where the tenant has
requested an inspection by the local authority and this cannot be completed until after the
possession hearing, that there is a risk the hearing may be adjourned.
RW enquired if an agent could be held responsible for not giving the information required at
the start of a tenancy. ML advised that the agent may take responsibility but the landlord
cannot devolve responsibility and will ultimately be liable. ML recommended landlords
check their agents’ practices. AK advised that landlords should check the clauses in their
terms of business.
RT advised he would add the new requirements to his Inventory, which includes a list of
information given for the tenant to sign.
ML to send a link to the new prescribed section 21 and the ‘How to rent’ guide for
circulation.
8. AOB
None