Social housing management has had more public scrutiny during the past three years than at any time in recent memory.
The Social Housing Regulation Act has now come into force, bringing in new consumer standards and a proactive regulatory approach from the Regulator of Social Housing, including the return of routine inspections backed up with a swathe of powers and sanctions, including unlimited fines.
This will be followed in the coming months by further regulation in the form of Awaab’s Law, which requires social housing landlords to inspect and repair hazards within set timescales, along with mandatory qualifications for social housing managers.
According to Channel 4 News a Freedom of Information application has shown that nearly 17 THOUSAND CLAIMS have been made by social tenants, through “No win, No fee” solicitors for poor living conditions in which they have complained about leaking roofs, subsidence and in particular damp and mould infestation.
The following consumer housing standards which are the responsibility of housing management within Housing Associations, Local Authorities, Charities, Landlords and Developers are The Decent Home Standard, The Safety and Quality Homes Standard, The Transparency, Influence and Accountability Standard, The Neighbourhood and Community Standard, The Tenancy Standard and The Tenants Satisfaction Measures. (Click to download)
Section 11 of the Landlord and Tenant Act 1985 requires landlords to make repairs to the structure, exterior and common partsr, as well as to installations such as boilers, pipes and electrics. It applies to private and social landlords
From 1st April the regulator will inspect large landlords with 1000 or more social houses at least once every four years to ensure they are meeting the consumer standards. There will also be a programme of inspections initiated in this period for all landlords to be included in this programme.
In certain cases Gas Safety Certificates need to be submitted to councils every year, smoke alarms installed and maintained as well as electrical circuits tested.
Licensing in the UK’s private rental sector is designed to guarantee that landlords offer accommodation that is well-managed and meets health and safety standards.
For the purposes of the Housing Act 2004, a household is defined as either an individual or members of the same family residing together.
These include:
- Couples married to each other or cohabiting as if they were husband and wife (or in a comparable relationship for same-sex couples).
- A family living together, encompassing parents, grandparents, children (including step-children), grandchildren, siblings, uncles, aunts, nephews, nieces or cousins, and their respective partners.
- A foster child residing with their foster parent.
ABOVE ALL DO NOT ASSUME THAT ALL COUNCILS AND LOCAL AUTHORITIES WORK ON THE SAME CRITERIA, THEY DO NOT. NEITHER DO THEY CHARGE THE SAME FEES. THEY ALL OPERATE INDEPENDANTLY, WITHIN THERE OWN JURISDICTION AND FEES CAN RANGE FROM £350 TO £1500 PER BEDROOM. THEY MUST COMPLY WITH THE HOUSING ACT 2004 AS AMENDED 2018 AND SECTION 156 OF THE BUILDING SAFETY ACT 2022 WHICH RELATES TO RECENT UPDATES TO FIRE SAFETY REGULATIONS.
This is a licensing scheme applicable across the UK, targeting larger HMOs that house five or more tenants/occupants from at least two different households. Introduced in 2006, this includes houses or flats lacking all facilities behind a secure front door.
Additional Licensing Depending on local consultations, Local Councils may introduce additional HMO schemes. This is relevant to smaller HMOs, where the number of floors doesn’t matter, and the property is occupied by three or more tenants/occupants from at least two different households. Moreover, property owners managing communal areas in a building comprising self-contained (leasehold) flats might also need an additional licence for these shared spaces.
Selective Licensing Local Councils have the discretion to require licensing for specific properties, areas, streets, or even properties housing a certain number of occupants.
For the purposes of the Housing Act 2004, a household is defined as either an individual or members of the same family residing together.
This includes:
- Couples either married or cohabiting as if they were husband and wife (or in a similar relationship for same-sex couples).
- Families living together, which encompasses parents, grandparents, children (including step-children), grandchildren, siblings, uncles, aunts, nephews, nieces, cousins, and their respective partners.
- A foster child residing with their foster carer.
Before granting a licence, the Council will consider various health and safety measures in place at the property.
These include:
– Current Gas Safety checks
– Certificates for all electrical appliances
– Fire Safety and risk assessments, including smoke alarms, carbon monoxide alarms, and fire extinguishers
– Compliance of upholstered furniture and coverings with regulations
– Appropriate refuse storage and disposal facilities
– Maintenance of common areas in a satisfactory condition
– Adequate amenities such as facilities for cooking, washing, and sanitary purposes
Furthermore, the Council will consider:
– The total number of occupants in the HMO
– The adequacy of shared facilities given the number of occupants
– The suitability of the landlord who possesses or oversees the property
– The ‘fit and proper’ assessment of the Managing Agent or the individual overseeing the property’s daily management
After inspecting the property, should the Council identify any unacceptable risks, they may mandate remedial actions for the HMO. It then falls upon the landlord to address these risks by undertaking the necessary remediations.
Once a licence has been issued, the licence holder is obliged to visibly display the name, address, and contact details of the person in charge of the property’s management within the HMO’s shared areas.
Not applying for a licence or violating the terms of an existing HMO licence is an offence. Penalties upon successful prosecution can be unlimited. Should the Council refuse to issue a licence or if one is rescinded, they have the authority to implement an Interim Management Order. This transfers the property’s management to the Council for a set duration. After this, a Final Management Order may be instituted. Landlords cannot reclaim an unlicensed HMO unless a valid application is submitted. A tenant residing in an unlicensed HMO might be eligible to request a repayment of up to twelve months’ rent from their landlord (known as a Rent Repayment Order). Landlords cannot evict tenants simply to bypass the licensing requirement. Moreover, if a licence is issued but the HMO is overoccupied according to the licence’s stipulations, the landlord must take reasonable measures to decrease the number of occupants in the HMO.
The cost of a licence varies from one Council to another. Fees are levied per bedroom and can range between £350 and £1250.
For more information, contact us at info@hmosurveys.co.uk