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Smoke And Carbon Monoxide Alarm Legislation Warning

Smoke And Carbon Monoxide Alarm Legislation Warning

New Smoke And Carbon Monoxide
Alarm Legislation 
Comes Into Force
On 1st October

On October 1st 2015 the Smoke and Carbon Monoxide Alarm (England) Regulations are supposed to come into force meaning that landlords or their appointed lettings and property managing agents must install a smoke alarm on every floor of a rental property used for accommodation and fit Carbon Monoxide alarms in any room that contains a solid fuel burning combustion appliance, and all alarms should be in good working order.

However, there are calls for this legislation to be delayed due to lack of notice and ambiguity of the actual legislation.

The introduction of the new legislation is intended to save lives, we are already aware of the dangers that a potential fire in a residential rented property can cause, however, many landlords remain oblivious to the danger posed by Carbon Monoxide.

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Landlords Face Tougher Penalties Under Immigration Bill Proposals

Landlords Face Tougher Penalties Under Immigration Bill Proposals

Landlords Must Evict Illegal Immigrants Or Face Prison Under New Immigration Bill Proposals

It has been announced that UK private rented sector (PRS) landlords could face a 5 year prison sentence if they fail to conduct proper ‘Right to Rent’ checks included in new Government proposals for the Immigration Bill

The proposed changes to legislation will require PRS landlords to verify the immigration status of all prospective tenant applicants, before tenancies are agreed. Any landlord who repeatedly fails to conduct these checks would be in breach of a new offence, carrying maximum penalties of five years’ imprisonment or a fine.

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Government Set To U-Turn On Immigration Checks By Landlords

Government Set To U-Turn On Immigration Checks By Landlords

Immigration Checks Unworkable Say Critics

There could be a moral victory for common sense on the cards as the UK Government are set to perform yet another U-Turn on policies as they are forced to back down on requiring landlords to conduct immigration checks on all tenants.

The Government plan was announced in the Queen’s Speech back in May and intended to force private rented sector (PRS) landlords to check their tenants’ immigration status or face fines of up to £3,000 (GBP).

Under the intended reform, all UK landlords and letting agents would be forced to check the immigration status of every tenant and tenants would have to produce documents showing they have permission to be in the UK.

There are also been concerns raised about landlords’ ongoing responsibilities for tenants already in their rental properties whose status may have gone from legal to illegal. Under the proposals, first-time offenders could face fines of £1,000 (GBP) per illegal immigrant in their rental properties. Landlords who failed to make proper checks within the last three years could also be fined £3,000 (GBP) per tenant.

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Illegal Immigrants To Be Banned From Renting Property In The UK

Illegal Immigrants To Be Banned From Renting Property In The UK

Landlords Face £3000 Fines
For Letting To Illegal Immigrants

Private rental sector landlords will be risking a fine of £3000 for breaking the law by letting rental property to illegal immigrants without doing proper background checks and comprehensive tenant referencing.

The proposal is currently undergoing a seven week consultation process and set to become part of the forthcoming Immigration Bill, launched by Immigration Minister, Mark Harper.

Under the proposed new legislation, illegal immigrants will not be entitled to free NHS treatment and will be prohibited from renting property in the UK.

Mr Harper said: “The consultation seeks views on the creation of a duty to require landlords to conduct immigration status checks on tenants before providing residential accommodation, with financial penalties for those landlords who let property to illegal migrants having failed to conduct the necessary checks. The landlord checking proposal is modelled on the existing civil penalty scheme for employers of illegal migrant workers.”

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Landlords expected to do UK border agency's job for them

Landlords expected to do UK border agency’s job for them

Private landlords are set to become an extra line in UK Border Control as they will be legally responsible for ensuring that they only let rental properties to people allowed to be in the UK under immigration laws announced in the Queen’s Speech.

This means that Private Rental Sector (PRS) and social housing landlords will have a responsibility to make sure their tenants are in the country legally

Over 3 million buy-to-let landlords are rental property owners in the UK private sector and will be responsible for checking the immigration status of all potential tenants, with fines running into thousands of pounds for those breaking the law.

Employers will also face more substantial fines for employing on illegal immigrants.

It appears that UK landlords and employers are expected to police the immigration system as unpaid members of the UK Border Agency.

Landlords are being given additional responsibility with no recompense other than the threat of heavy fines for failure to comply. Why are we expected to do the UK Border Agency’s job for them when they are paid handsomely for failing to do the job they are employed by the Government to do?

Does this mean that Landlords will be given a financial incentive to turn informant?

I don’t think so…

The new measures are included in an amended Immigration Bill will also limit the ability of European migrants to claim UK state benefits and ensure that the right to residence in the UK on the basis of family commitments is not abused by criminal elements. The UK judicial system will be expected to balance the nature and seriousness of the crime committed against the right to remain resident in the UK.

Temporary migrants will be charged for use of NHS services and only those who have lived in an area for at least two years will qualify for social housing. Regulations will also be amended to ensure that European immigrants cannot claim benefits for more than six months if they do not actively seek legal employment and show they have a genuine chance of obtaining work.

The legislation has been drawn up as the Coalition Government struggles to contain the electoral threat posed by the UK Independence Party (UKIP), which has hard-line immigration policies.

The details of how the measures will be implemented will be set out later in the year. The plans will be the subject of a formal consultation in the coming months.

Ministers expect the legal requirements on landlords will affect those letting rooms in houses of multiple occupancy (HMO) properties. However, the measure will be universal and it will be the responsibility of all landlords to seek copies of passports and appropriate visas.

It is unclear how landlords are supposed to verify the authenticity of documentation, as many employers have already discovered to their cost since the tightening of employment rules surrounding immigrant workers, as falsified information has no way of being checked and is only up to the diligence of the employer to ascertain the true identity of their employees.

The limit of the financial penalties set to be levied on landlords who fail to comply is also yet to be decided but is expected to be severe and may run into thousands of pounds.

Tax Year Deadline is 31st January 2013

Tax Return Deadline Looms For LandlordsDespite all the awareness campaigns and TV advertising, Her Majesties Revenue & Customs (HMRC) repeatedly attempt to tell us that completing a self assessment tax return doesn’t have to be taxing!

However, as anyone who has ever completed a self assessment tax return will tell you, the evaluation of personal income for the tax year and the amount of time needed to complete a self-assessment form, either on paper or online can be very considerable.

When managing a single property or declaring a growing rental property portfolio, it can be hard work to set aside the time needed to tick all the right boxes.

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UK Landlords have been warned not to become complacent by the Tenancy Deposit Scheme (TDS) ahead of the deposit regulation changes due at the beginning of April.

The new legal requirements for deposit protection allow a 30-day period to supply proof of deposit registration to the tenant instead of 14 days as from 6th April 2012.

The new tenancy deposit regulations state that the landlord can be sued on Day 31 for up to three times the value of the deposit provided by the tenant at the start of their tenancy, if the deposit has not been registered with one of the three official Government run deposit schemes or if the prescribed information has not been provided.

The TDS have summarised the changes and have also issued plain English answers to all the important questions brought forward by the changes due when the new Localism Act comes into force, including retrospective changes, penalties for missing the new deadlines, renewals, relevant persons and what happens with running tenancies.

Steve Harriott, TDS chief executive said: “The new provisions for tenancy deposit protection are welcome. But the extra time for registration is not a licence for landlords and agents to ignore the law. It means that the anomalies in the original Act have now been straightened out to everyone’s benefit.”

The TDS plain English answers to the new provisions for deposit protection can be found at: www.tds.gb.com

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