IMPORTANT UPDATE - The PIMS Tenancy Agreement for New or
Renewing Tenancies has been updated to comply with the Tenant Fees Ban ENGLAND from June 2019
Wales Legislation Pending
The big government scheme to stamp out the ever increasing numbers of illegal "beds-in-sheds" has been stopped in its tracks by a change in National legislation..
Slough Borough Council put together an operation that used high tech by sending out a plane over the town kitted out with the latest thermal technology. The surveillance plane found 600 properties that possibly contained "beds-in sheds" at a cost of £24,000.
Armed with this information from the map, officers hoped to find to lived-in properties that did not have proper energy performance certificates and subsequently levy fines on the guilty landlords.
At a recent wellbeing board meeting, it was told from a report that initial findings revealed a sample of 150 outbuildings that had been checked to identify whether they had valid certificates and found out that only one had an EPC.
But a recent change in national legislation has "scuppered" the officers' efforts to bring the irresponsible landlords to court. The change removed the requisite requirement for small ancillary buildings to hold an EPC.
However far from being beaten the officers have turned their attentions to referring those suspected landlords to HMRC for undeclared income, sending out planning enforcement notices and also referring a number of legal outbuildings to the valuation office for collection of due council tax.
The council is still very positive about the operation and denies that the project had been stopped in its' tracks.
A council spokesman stated that they had already referred landlords to the HMRC to investigate for undeclared income with three outbuildings slapped with notices for removal.
The council's view is that they do not wish to resort to knocking down buildings as it a lengthy and costly process.
The council's spokesman said: “The reaction of landlords to our work has been positive and we’ve not met any resistance at all.”
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.