Private Sector Housing


Advice for landlords, tenants and home owners

The Council has a team of Environmental Health and Technical Officers offering advice and dealing with all aspects of residential health including housing conditions in private sector homes, empty properties, houses in multiple occupation (HMOs), caravan and camping sites and residential park homes sites.

Loans and grants are available to home owners and some tenants in privately owned accommodation, and home improvements can be arranged through the Council's home improvement agency 'Caring and Repairing in Epping Forest' (C.A.R.E).

 

***New HMO Licensing Changes - find out how you can prepare for the changes***

 

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Gas Safety Week: Fighting for a Gas Safe Nation

Epping Forest District Council is proud to be supporting Gas Safety Week 2018, taking place 17th – 23rd September.

Gas Safety Week is an annual safety week to raise awareness of gas safety and the importance of taking care of your gas appliances. It is co-ordinated by Gas Safe Register, the official list of gas engineers who are legally allowed to work on gas.  

Badly fitted and poorly serviced gas appliances can cause gas leaks, fires, explosions and carbon monoxide poisoning. Every year thousands of people across the UK are diagnosed with carbon monoxide poisoning. It is a highly poisonous gas that can kill quickly with no warning, as you cannot see it, taste it or smell it.  

Landlords are legally responsible for the safety of their tenants. Landlords should make sure maintenance and annual safety checks on gas appliances are carried out by a Gas Safe registered engineer. 

If you’re a landlord, you are legally obliged to make sure:

  • Gas pipework, appliances and flues provided for tenants are maintained in a safe condition.
  • All gas appliances and flues provided for tenants use have an annual safety check. You can set a reminder so you don’t forget at StayGasSafe.co.uk.
  • Maintenance and annual safety checks are carried out by a qualified Gas Safe registered engineer.
  • All gas equipment (including any appliance left by a previous tenant) is safe or otherwise removed before re-letting.
  • A Gas Safety Record is provided to the tenant within 28 days of completing the check or to any new tenant before they move in.
  • You keep a copy of the Gas Safety Record for two years.

Before any gas work is carried out always check the engineer is qualified to carry out the work that needs doing e.g. natural gas, domestic boiler. You can find this information on the Gas Safe Register website or by checking the back of the engineer’s Gas Safe ID card. Encourage your tenants to also check the card when they arrive at the property.

For more information and to find or check an engineer visit GasSafeRegister.co.uk or call 0800 408 5500.


New "How to" guides for landlords and leaseholders

What's this about?

New "How to" guides have been published by the Government which explain in simple terms with checklists, the steps landlords and leaseholders need to take when renting a property.

What do I need to do?

Read the guides:

  • How to let - a guide for current and prospective private residential landlords
  • How to lease - a guide for current and prospective

What happens if I don't?

You run the risk of being in breach of your legal responsibilites and facing the possibility of enforcement action and financial penalities. 


New licensing rules

The Government have implemented an extension to the licensing regime. As of 1st October 2018, any property with five or more people from two or more households will require a licence, regardless of how many floors there are in the property.  Landlords must comply with licence conditions to ensure properties are safe for the amount of people occupying them. In addition, minimum space requirements are to be imposed to prevent exploitation by overcrowding.

Advice to Landlords

Landlords that currently operate a licensable HMO in Epping Forest District (3 or more storeys, occupied by 5 or more people living as 2 or more households) but do not currently hold a licence they should apply online immediately to avoid prosecution.  Anyone operating such an HMO without the appropriate licence is committing an offence, risks a criminal record and an unlimited fine on summary conviction.  Other landlords operating or thinking of operating an HMO that will fall under this new licensing regime are encouraged to contact the Private Sector Housing Team for further information and advice.

Minimum space requirements

Minimum room sizes are being introduced in HMOs that need a licence. Rooms used for sleeping by one adult will have to be no smaller than 6.51m2 and rooms for two adults will have to be no smaller than 10.22m2 by law. Rooms slept in by children of 10 years and younger will have to be no smaller than 4.64m2.

Advice to tenants

If you think you may be living in a property that requires a licence and one is not displayed in the property, or you are concerned about the property conditions, please contact the Private Sector Housing Team on the details below:

Contact


Previously published articles (listed below) can be found on the Private Sector Housing - Archived News Updates page.

2018

  • Landlord fined £21,575 for illegal HMO
  • New Licensing rules
  • Important changes relating to Houses in Multiple Occupation
  • HMO Amenity Standards - have your say
  • Energy efficiency requirements for privately rented properties from 1st April 2018

2017

  • Getting your tenants to manage their waste
  • Extension to mandatory HMO licensing
  • Greater protection for landlords as CMP to be made compulsory for letting agents
  • Rent a Room scheme
  • Lettings agents and property managers: redress schemes
  • Get an Energy Performance Certificate
  • Extension of licensing of houses in multiple occupation
  • New powers to deal with rogue landlords
  • Landlord Expo 2017
  • Changes of rules regarding lawful possession of a property
  • Right to rent checks
  • Housing law consultation - Houses in multiple occupation and residential property licensing
  • Are you putting your renters at risk from dangerous gas appliances?

For information download these useful guides for landlords:

The following guidance has been produced by the Minstry of Housing, Communities and Local Government (MHCLG) and is available from WWW.GOV.UK

Letting a property

Many home owners let property out to tenants. Usually, the rent received is more than the owners' monthly mortgage payments. Our Private Sector Housing Section can give advice to residents who want to let a property or a room.

The Government has an advice page on renting a property, or a room in your home.

Leasing Scheme

Genesis Housing Association operates a leasing scheme for landlords which aims to help more local people to find safe and affordable housing. The scheme was enabled through our partnership with Genesis, one of the country's largest social landlords.

Inventory advice for landlords

The 'ins and outs of inventories' provides comprehensive details of what landlords and agents should take into account when compiling an inventory at the start of the tenancy. This should help avoid disputes between landlords, letting agents and tenants over the return of deposits at the end of the tenancy. There is more information on the mydeposits website.

Tenancy deposits

For information on the Government's tenancy deposit protection schemes, and the Rent Deposit Guarantee Scheme offered by Epping Forest Housing Aid, please use the following link:

Tenancy deposits

Fire safety advice

Energy and gas safety

Our Energy and gas safety page gives information on Energy Performance Certificates (EPCs), the Green Deal, gas and electrical safety.

Smoke and Carbon Monoxide Alarm (England) Regulations 2015

From 1st October 2015 private sector landlords are required to have at least one smoke alarm installed on every storey of their properties and a carbon monoxide alarm in any room containing a solid fuel burning appliance (for example, a coal fire or a wood burning stove).

A fine of up to £5,000 can be imposed where a landlord fails to comply with the requirement of the regulations.

This explanatory booklet for landlords can be downloaded for further information.

Want to know more about letting a property to tenants?

Have you got a lot of questions about Income tax, business records and expenses?
If so, the Government's HMRC e-learning course is for you. This course will build your confidence by guiding you through everything you need to know to get started. There are useful tips from others who have been where you are now and practical case studies to help you along the way.

Would you like to keep up to date with information about Private Sector Housing?  Then subscribe to our mailing list and can keep you updated.

Landlord associations

A number of recognised Landlord Associations exist to provide information, support and advice to landlords on all aspects of renting in the private sector. This may include:

  • helplines
  • access to legal advice
  • newsletters
  • open meetings
  • access to standard forms
  • networking with other landlords and associations, or
  • discounts on certain landlord related services.

There is usually a small annual charge for membership. For more information click on the links below:

The Eastern Landlords Association
The National Landlords Association
The Residential Landlords Association  

Information for tenants

The How to Rent Guide has been produced to help tenants understand their rights and responsibilities when renting in the private sector. It explains the questions that tenants should ask when thinking about renting a property and also the steps that they should take if things go wrong whilst living there. Your landlord must provide you with this guide at the start of the tenancy.

The Minstry of Housing, Communities and Local Government (MHCLG) has produced the following guidance that is available from WWW.GOV.UK

Advice for tenants on harassment and illegal eviction

It is an offence for a landlord to harass a tenant if the harassment causes the occupier to leave, or prevents them from exercising their rights to the property. We also advise tenants on their options if they think they are being illegally evicted.

Harassment and illegal eviction


Gas Safety - Be Safe

Epping Forest District Council is proud to be supporting Gas Safety Week 2018, taking place 17th – 23rd September.

Gas Safety Week is an annual safety week to raise awareness of gas safety and the importance of taking care of your gas appliances. It is co-ordinated by Gas Safe Register, the official list of gas engineers who are legally allowed to work on gas.  

Badly fitted and poorly serviced gas appliances can cause gas leaks, fires, explosions and carbon monoxide poisoning. Every year thousands of people across the UK are diagnosed with carbon monoxide poisoning. It is a highly poisonous gas that can kill quickly with no warning, as you cannot see it, taste it or smell it.

By taking care of your gas appliances properly you are taking care of your home and your loved ones. Follow these few simple checks to keep you and your family safe.

  • Check your Landlord’s Gas Safety Record. By law, your landlord must keep gas pipework, appliances and flues supplied for you to use in good condition. They must arrange a gas safety check of the appliances and flues every 12 months and give you a record of the check.
  • Check any gas appliances you own every year. Gas appliances should be safety checked once a year and serviced regularly by a Gas Safe registered engineer. Set a reminder so you don’t forget at StayGasSafe.co.uk.
  • Check your engineer is Gas Safe registered. You can find or check an engineer at GasSafeRegister.co.uk or call 0800 408 5500.
  • Check your engineer is qualified for the type of gas work you need doing e.g. natural gas, domestic boiler. You can find this information on the back of their Gas Safe ID card and the Gas Safe Register website.
  • Check for warning signs that your appliances aren’t working correctly, such as lazy yellow /orange flames instead of crisp blue ones, black marks on or around the appliance, a pilot light that keeps going out and too much condensation in the room.
  • Know the six main symptoms of carbon monoxide poisoning – headaches, dizziness, breathlessness, nausea, collapse and loss of consciousness.
  • Have an audible carbon monoxide alarm. This will alert you if there is carbon monoxide in your home.

For gas safety advice and to find or check an engineer visit the Gas Safe Register website at GasSafeRegister.co.uk. Alternatively call the free helpline on 0800 408 5500.

Housing conditions and enforcement

We want privately rented homes to be safe for residents to live in. We look at disrepair, dampness, overcrowding, fire precautions and missing amenities and we use enforcement procedures to achieve statutory housing and environmental standards.

Your first action, if you are having problems, should be to contact your landlord or letting agent. Their details should be on your tenancy agreement. Contact them in writing if you have had difficulties with them before. If you have not had a reply after a reasonable time (around 14 days for non-urgent works) then contact the Private Sector Housing Team on 01992 564149 or email privatesectorhousing@eppingforestdc.gov.uk. If you think the works are dangerous or urgent then contact us at the same time that you contact your landlord.

Private rented homes include Houses in Multiple occupation (HMOs) and housing association properties.

What can we do?  If your landlord is ignoring your request for help, then we may be able to make sure that repairs or improvements are carried out - and the property is safe for you. Normally we start by approaching the landlord by phone or letter. But, if there is a previous history of problems with the landlord, then we may adopt a more formal approach straight away.

We will make an appointment to visit you at home and assess the property using the Housing Health and Safety Rating System. We look at any deficiencies and hazards in the property, to help us decide what action we need to take. We may serve a statutory notice on your landlord, or letting agent managing the property, requiring them to carry out remedial works within a reasonable time (normally 28 days minimum).

If your landlord has not appealed against the notice, and does not carry out the works within the time allowed, we may carry out the works and recover the costs from the landlord. For further details regarding enforcement refer to our Private Sector Housing enforcement policy.

Is your home damp? Damp can cause mould on walls, and it can ruin your decorations and furniture. It can also increase the risk of respiratory illness. One of the most common causes of damp is condensation. This leaflet explains how condensation forms, and how you can keep it to a minimum.

 

Enforcement

The Council's Enforcement and Service Standards: Private Sector Housing document explains the steps that officers will take when responding to private sector housing service requests and the considerations that will be taken when deciding appropriate enforcement action. The Council can now impose a Civil Penality of up to £30,000 as an alternative to prosecution for certain offences under the Housing Act 2004.  A Civil Penalty Matrix has been incorporated as Appendix A in the Enforcement and Service Standards document which will be used by private sector housing officers in determining the most appropriate penalty to impose.

Download the Private Sector Housing Enforcement Policy:

Report an empty property - use the form below

Each home that stands empty is a wasted resource. Within Epping Forest we have a growing demand for homes, for rent or for purchase, and we want to see empty properties brought back into use as quickly as possible. A property left empty and neglected for a long time can bring problems associated with vandalism, squatters, rodents and nuisance - as well as being unsightly and detrimental to the local environment. Maintenance and repair costs can be reduced and there can be other financial advantages in bringing a property back into use, such as revenue from rent and reduced insurance premiums.

There are many ways we can help, by offering advice and assistance along with information on letting, selling and private leasing. There are several schemes and incentives:

The PLACE loan  This is an interest free loan that is available to owners of empty properties to renovate their homes to a suitable standard for selling or letting. The maximum loan is £25,000 per unit of accommodation and the loan must be paid back within 2 years for a ‘loan to sell’ and 5 years for a ‘loan to let’. For further information contact the Empty Property Officer on 01992 564706. You can download a leaflet on the PLACE loan below.

Empty Homes Repayable Assistance  Owners of qualifying properties could get a grant up to £10,000 to bring their home to the Decent Homes Standard, provided they intend to live in it themselves or rent it out for 5 years.

To decide whether you are eligible for Empty Homes Repayable Assistance you need to complete and return an Initial Assessment Form.

Report an empty home using our online form

You can now let us know of an empty property by using the online form.  If you would like to discuss any property or issue relating to empty homes, please call the Empty Property Officer on 01992 564706. All calls and information received will be treated in confidence. 

Home improvements for older homeowners or private tenants, and for people with disabilities

Through the Caring and Repairing in Epping Forest (C.A.R.E.) Home Improvement Agency, the Council seeks to assist older people and disabled home owners to improve, repair or adapt their houses. We may also be able to assist with home improvements to prevent hospital admission, or to support prompt discharge from hospital. Further information, including the grants available to residents and schemes available can be found here:

C.A.R.E. also provides a handyperson service to retired home-owners and private tenants who are over the age of 60. Our reputable and vetted contractors carry out small, low cost repairs and home security work. They can also provide falls prevention measures.  There is a charge for the service, which is lower for people on means-tested benefits.

If you have any enquiries for the services above please contact the C.A.R.E. team by way of phone on (01992) 564086 or email: pshgrantsandcare@eppingforestdc.gov.uk

We offer financial assistance and grants to home owners, private tenants and landlords. The types of financial assistance available are :

  • Disabled Facilities Grants up to £30,000
  • Decent Homes Repayable Assistance up to £10,000
  • Small Works Repayable Assistance up to £3,000
  • Empty Homes Repayable Assistance up to £10,000

Disabled Facilities Grants for adaptations to the homes of disabled owner-occupiers and private tenants are governed by the ‘Housing Grants Construction and Regeneration Act 1996’. You can view the council's own leaflet below.

Decent Homes Repayable Assistance is financial assistance (a loan) to bring private sector dwellings up to the 'Decent Homes Standard', which was introduced by the Government to assess the condition of homes. Assistance may be available where there is a significant hazard within the property, or disrepair, which breaches the standard.

Small Works Repayable Assistance is financial assistance which may be available where there is a hazard as defined under the Housing Health and Safety Rating System (HHSRS) or a defect which is likely to damage the fabric of a property unless it is repaired.

Are you eligible for Decent Homes Repayable Assistance or Small Works Repayable Assistance? Complete and return an Initial Assessment Form to find out.

Energy efficiency works

There is also limited funding available for Epping homeowners and private tenants who are disabled or over 60 and on a means tested benefit to assist with energy efficiency measures such as draught proofing or loft insulation. Contact us for more information.

Our policies

Further information can also be found on the Government's website.

For more information on financial assistance in the private sector please contact the C.A.R.E. and Grants Team.

Email: pshgrantsandcare@eppingforestdc.gov or phone 01992 564092

Houses in Multiple Occupation (HMO)

If you rent out a House in Multiple Occupation (HMO) in this district, you may need to apply for a licence.  Any property with 5 or more people from 2 or more households will require a licence, regardless of how many floors there are in the property. Generally a house in multiple occupation will be a property occupied by more than one household and more than two people, and may include bedsits, shared houses and some self contained flats. The council keeps a register of HMOs, this document is available to download below.

Landlords should contact the Private Sector Housing Team with any query about HMOs, including licence applications.

You must have a licence if you're renting out a large HMO.  Your property is defined as a large HMO if all of the following apply:

  • it is rented to 5 or more people who form more than 1 household;
  • tenants share toilet, bathroom or kitchen facilities.

Eligibility Criteria

Applications must be made online to the local housing authority and a fee may be charged.  You must be a fit and proper person to hold the licence.

Applying to EFDC for a House in Multiple Occupancy (HMO) licence

Additional information about HMOs and licences can be found on the following websites:

Application Evaluation Process

Licences will be granted if:

  • the house is or can be made suitable for multiple occupation
  • the applicant is a fit and proper person and the most appropriate person to hold the licence
  • the proposed manager has control of the house, and is a fit and proper person to be the manager
  • the management arrangements are satisfactory

Will Tacit Consent Apply?

No.  It is in the public interest that the local authority must process your application before it can be granted.  If you have not heard from your council within a reasonable period, please contact them. You can do this online or use the contact details below.

Failed Application Redress

Please contact your local authority in the first instance. You may appeal to a residential property tribunal. Any appeal must be made within 28 days of the decision being made.

Licence Holder Redress

Please contact your local authority in the first instance. You may appeal to a residential property tribunal regarding conditions attached to a licence, or any decision to vary or revoke a licence. Any appeal must be made within 28 days of the decision being made.

Consumer Complaint

If a licence is granted, and you wish to appeal against it being granted, you may make your appeal to a residential property tribunal within 28 days of the decision being made.

Useful documents:

What is the student accommodation accreditation scheme?

The Student Accommodation Accreditation Scheme was introduced in 2012 by Epping Forest District Council and East 15 Acting School (University of Essex) to encourage good practice among landlords and letting agents, and provide good quality private rented accommodation for East 15 Acting School students within the District.

This voluntary scheme provides landlords with a clearly defined set of standards and provides a way of giving recognition to landlords who have taken a responsible approach to renting. It also provides students (and their parents/guardians) with the confidence that the properties have complied with these accreditation standards at the time of accreditation.

The landlords have therefore agreed in principal to the following terms:

  1. All shared student properties will only accommodate East 15 students unless mutually agreed with the landlord or letting agent.
  2. All student accommodation will be fully furnished including all bedroom furniture and landlords will provide other items, such as desks, if required.
  3. All student accommodation must provide a either a separate living room or a large enough kitchen/dinning area to allow students to socialise together.
  4. All landlords have the legal right or permission to rent the accommodation.
  5. All landlords will comply with the University of Essex's Equality Policy, not to discriminate against any tenant or potential tenant.
  6. All private landlords will not charge East 15 Students any administration fees.
  7. All landlords will provide photographs and floor plans clearly showing room sizes and the layout of the accommodation.
  8. All non-resident landlords must provide the tenants with a written tenancy agreement which clearly sets out the conditions of the tenancy and the respective responsibilities of the landlord and tenants. Both parties must be given identical copies of the agreement.
  9. All security deposits must be protected by a Government Approved Scheme.
  10. Landlords who wish to include their properties in the Accreditation Scheme must conform to the standards set within and must be a fit and proper person.

As part of the three year Accreditation Scheme, all accredited properties must provide an annual Gas Safety Certificate to be held on file.

During the accreditation term of three years, properties will be re-inspected if complaints are reported by the tenants or raised by the University.

 

News - are you a park home resident? Find out from Energylinx if you are eligible for an energy rebate.

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The Private Sector Housing Team keeps a register of Touring and Holiday Mobile Home Parks in the Epping Forest district.

Contact the team if you want to report problems on any site, or if you have a query about licences. Phone: 01992 564706

The term caravan legally includes those which can be towed behind cars, motor homes, static holiday homes - and the more modern residential park homes, which often arrive on site in two sections and are then bolted together.

Frequently asked questions

What do I need to do to get a site licence? You must gain planning permission before you can apply for a site licence, for more information on this please see our Planning (Development Control) pages. Once you have planning permission, contact the Private Sector Housing Team for a site licence application form, or use the link below to find out how to apply for a licence.

Caravan and Camping Site Licence

I live on a caravan site and feel that site conditions are poor, what can I do? You should check the conditions on the site licence, which are required to be available on site for inspection. If any of the conditions are not being complied with, or you can't get to see them, then contact us for advice.

Residential Park Homes

What do licence conditions control on residential park home sites? There are standard licence conditions for all sites within the Epping Forest district.  Conditions will cover issues such as density, spacing, fire precautions, water supplies, electricity and drainage connections.

We keep a Register of Site Rules (Park Homes) where the site owner has set their own rules for a residential park home site.

We also keep a register of Residential Mobile Home Parks.

The Team can advise you on the relevant licence conditions, and provide information on applying for a new licence. They are also responsible for ensuring that conditions are met on existing sites. To report problems on any site in the district, phone the Private Sector Housing Team on 01992 564706

Our fees policy can be downloaded below.

Useful information can be found on the Government's website

The Leasehold Advisory Service give information for owners of park homes, and site owners.

The law covering caravans and mobile homes is contained in:

  • Caravan Sites and Control of Development Act 1960 - This Act covers the licensing of caravan sites and the safety, welfare and management conditions which need to be provided.
  • Caravan Sites Act 1968 - This Act deals with protection from eviction from residential sites, and the maximum dimensions for caravans.
  • The Mobile Homes Act 1983 - This act covers the civil law between site owners and residents on ‘protected sites’. A protected site is one which has planning permission for permanent residential use and has been issued with a site licence.
  • The Mobile Homes Act 2013 - This Act amends some parts of the above legislation and gives more rights to residents of park home sites. The most important changes make it easier for residents to sell their home on the open market without involving the site owner. Other changes have been introduced in respect of Pitch Fees, Site Rules and Local Authority Licensing.

Information on Gypsy, Roma and Traveller services

Contact us: Private Sector Housing (Technical), Epping Forest District Council
Telephone: 01992 564348
Email: privatesectorhousing@eppingforestdc.gov.uk

The Essex HMO Amenity Standards

If you are a HMO landlord, managing agent, tenant or anyone else living in houses of multiple occupation please take a look at the Essex HMO Amenity Standards

A consultation took place from 22 May and closed on 19 June 2018. 

Private Sector Housing e-alert signup

Useful links


 

Useful Files


Phone Contact us....



Name: Private Sector Housing
Telephone: 01992 564348
Email: privatesectorhousing@eppingforestdc.gov.uk

Or you can write to us at:
Private Sector Housing (Technical) Epping Forest District Council Civic Offices, High Street, Epping, Essex, CM16 4BZ