Michael Gove launches new consultation to deliver Awaab’s Law
DLUHC in the Media
There has been widespread coverage in the media about the consultation published by the Department for Levelling Up, Housing & Communities, which sets out new plans to improve social housing standards and clamp down on rogue social landlords who fail to provide safe homes – supporting the Government’s pledge to deliver Awaab’s Law.
This includes new legal requirements for social landlords to investigate hazards within 14 days, start fixing within a further 7 days, and make emergency repairs within 24 hours. Those landlords who fail to comply can be taken to court where they may be ordered to pay compensation for tenants.
Several national outlets including BBC News, The Sun, The Independent, Daily Mirror, Sky News, and The Daily Telegraph all report that social landlords will be legally required to repair emergency hazards within 24 hours and must keep clear records of issues and their attempts to resolve these – with tenants also given increased legislative power to challenge housing conditions through the courts. Coverage also notes Awaab’s father, Faisal Abdullah, expressing support for the new proposals.
What next for the Renters Reform Bill?
A lot of chatter has appeared in the trade press over the last 24 hours regarding the Renters Reform Bill and the intentions of the Labour Party if they win a general election. A lot of the discussion circulates around the abolition of Section 21 (Form 6A), so much so that landlords are constantly having a ‘knee jerk’ reaction every time the trade press, national press, TV reports, a blog make reference to the notice disappearing. This has lead to many landlords selling up and exiting the letting sector.
With the greatest of respect to all those who report on the Renters Reform Bill, it’s irresponsible to mislead landlords in this way; landlords who in 2019 reacted to the initial proposal of abolishing the Section 21 notice were unfortunately mislead into thinking that firstly the notice would be abolished imminently. But let’s also think about tenants and the impact this ‘misinformation’ has affected them. Many tenants could have avoided having notice served on them and worse still, facing accelerated possession through the courts and possibly eviction. It has not and will not be abolished for a while.
The Importance of Training in the UK Property Sector
In an ever-evolving landscape, training plays a pivotal role in shaping the success of professionals in the UK property sector and the industry as a whole. As the demand for housing and lettings services continues to grow, the need for well-trained individuals becomes increasingly apparent.
Even though it is not a legal requirement for property professionals to be qualified, ensuring that continues professional development (CPD) and on going learning / training, is extremely important. A well-versed negotiator, property manager, estate agent, sales / lettings progressor or administrator can make all the difference to a client and customer, and most definitely impacts the business and agency.
Gas Safety Case Law - Van-Herpen v Green & Green
Source: nearlylegal.co.uk
The issue of gas safety certificates has been revisited again in Van-Herpen v Green & Green (2023) County Court at Hastings, 4 December 2023. The questions for the court were whether a Building Regulations Compliance Certificate (“BRCC”) from the installation of a boiler or a Gas Safety Certificate (“GSC”) arising out of a plumber’s visit some two months later had to be served for a section 21 notice to be valid.
Van-Herpen v Green & Green. Hastings County Court. 17 November 2023 (judgment 4 December 2023)
Van-Herpen involved a claim by the Landlord for possession under the section 21 accelerated procedure. The Tenants took up occupation of the Property in September 2018 under an assured shorthold tenancy. The day after they took up occupation of the Property, a new boiler was installed – the previous one having been removed some months prior. The gas safety engineer, commissioned the new boiler and, in the process of doing so, “safety checked” the boiler and checked for “integrity of the flue gases” in line with the manufacturer’s installation specifications. The engineer created a BRCC for the boiler; however, this was never served on the tenants before the service of the section 21 notice.