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“The Act is designed to improve the overall standard of rented accommodation and in doing so it will force landlords to take on responsibility for areas previously considered the
preserve of the local authority or even the police. “The most dramatic
example is that landlords will be expected to help tackle anti-social behaviour by their tenants. The local authority can withhold a landlord’s licence if he can’t demonstrate that he’s
taking reasonable and practical steps to prevent or reduce anti-social behaviour. He could also face a large fine.
“In extreme cases where tenants persistently cause trouble, the local authority will even have the power to take over and manage the
property itself.” Miss Dancer says the Act will also place greater demands on
landlords to make sure their properties are safe. “In the past, fire safety
has been the main focus of safety in buildings occupied by several people.
“However, research suggests that diverse things such as cold conditions, falling over obstacles and the general security of the property pose an even greater risk. In the future, it’s
likely the landlord will be expected to inspect his property to make sure there are no significant hazards.
“If such hazards are found on the property and the landlord is unaware of them or doesn’t deal with them then that would call into
question his fitness to hold a licence.” The definition of what now
constitutes homes in multiple occupation under the new act is complex but Miss Dancer says it will cover most shared accommodation where the house is either a three storey house or
house with 5 or more tenants who are sharing accommodation. “The regulations
are very detailed and so I would urge landlords to seek legal advice as to whether or not they need a licence. It’s also important to get the application in promptly with all the
necessary documentation so as to avoid delays that cause problems or even court action by the local authority.
But Miss Dancer said there was no need for landlords to be unduly alarmed. “Change often makes people feel uneasy but as long as
they make the effort to find out the requirements of the Act and take the necessary measures then they shouldn’t have too much to fear. The Act is designed to ensure Local Authorities
recognise good landlords but are empowered to deal with the minority of bad landlords which is estimated to be about 3% .
“Landlords might also take heart from the fact that it is possible to avoid licensing while still remaining within the law. This
could involve moves like reducing the number of tenants from say, five to four. However, it would be unwise to adopt this approach without getting advice and weighing up all the
implications.” For further details contact
Emma Dancer at Andersons Solicitors on
Nottingham 9886722.
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