How our compliance support service helps protect and reassure landlords

We currently manage two properties for a landlord client, and we’re taking over management of his third property (a 6-bed HMO in Cathays) from July.

When conversing with him about Wales' new carbon monoxide alarm requirements for the two units we currently manage, he expressed concerns about the third that's currently under the management of another agent. Following a thorough inspection, our compliance support service reported several glaring issues.

Remember: employing a managing agent doesn't exempt from landlords from prosecution, so it's essential that the agent is meeting the required standards on your behalf.

1. No carbon monoxide detector was present in the kitchen where the boiler is located.

The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 state the landlord must ensure there’s a working carbon monoxide alarm in each room containing a gas appliance.

Non-compliance means a property is to be treated as unfit for human habitation, so contract-holders (tenants) have a very good case not to pay any rent.

2. The fire alarm panel indicated faults with the detectors on the ground and first floors.

Failure to make good faults with a fire alarm system is a serious breach of fire safety, especially in a HMO. The Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022 state the landlord must ensure there’s a working smoke alarm on each storey of the property.

Non-compliance means a property is to be treated as unfit for human habitation, so again, contract-holders have a very good case not to pay any rent. Not to mention what could happen if there was indeed a fire.

3. A fire extinguisher on the top floor landing that says “next service due in August 2007”.

Where extinguishers are present, they require inspecting and servicing every year, which hasn’t been followed here. However, there is no legal obligation to have an extinguisher in a property of this type. Cardiff Council only require them if a fire risk assessment deems that they’re needed, but as a fire risk assessment is only required on communal areas of blocks of flats or properties rented room-by-room (i.e. individual contracts), it can be removed.

Having a extinguisher present is said to encourage typically-untrained persons (i.e. contract-holders) to attempt to tackle the fire, thereby putting themselves in danger. As such, it’s now recommended that they’re not provided in a property of this type.

Summary

Failing to understand and address requirements like these poses a significant risk for you. Without my review, it’s likely these regulatory breaches would have gone undetected and may have ended up costing this landlord thousands of pounds... or worse.

Unfortunately, a number of property management companies don't do enough when it comes to due diligence; taking a reactive rather than proactive approach, exposing their clients to significant risk. If you have concerns about the level of care your current agent is providing you with, we can take all those worries away.

We run a tight ship and it’s culturally ingrained in our business that we have a duty to protect clients, with both the systems in place and the right people on board that enable us do so.

I welcome you to book a telephone consultancy with me to learn more, or book a free compliance inspection. Call me today on 02920 668585 or e-mail me via bethany.leaney@cpshomes.co.uk to arrange.

31 January 2023

    The information contained within this article was correct at the date of publishing and is not guaranteed to remain correct in the present day.

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