Landlords and Legionella - some myth busters!

Legionella - Information for Landlords and some Myth Busters!
You may have heard in recent months of new requirements for landlords to have legionella risk assessments carried out at their rental properties. The aim of this blog article is to advise you on legionella and on how to fulfil your obligations as a landlord. The information provided here is, where indicated, all referenced from the HSE Website www.hse.gov.uk

What is Legionella and what are the risks?
Legionnaires' disease is a potentially fatal form of pneumonia caused by the inhalation of small droplets of contaminated water containing Legionella. All man-made hot and cold water systems are likely to provide an environment where Legionella can grow. Where conditions are favourable (e.g. suitable temperature range, aerosols, water stored and/or recirculated,
'food' for the organism to grow such as rust, sludge, scale,biofilm etc.) then the bacteria may multiply thus increasing the risk of exposure.
http://www.hse.gov.uk/legionnaires/legionella-landlordsresponsibilities.htm

Shower Heads can harbour legionella

The Law
The law is clear that if you are a landlord and rent out your property (or even a room within your own home) then you have legal responsibilities to ensure the health and safety of your tenant by keeping the property safe and free from health hazards. 

http://www.hse.gov.uk/legionnair/legionellalandlords-responsibilities.htm

There are the Regulations and there is a Code of Practice. The regulations are:
Section 3(2) of the Health and Safety at Work Act 1974
Control of Substances Hazardous to Health Regulations 2002

The Code of Practice:
The best means of compliance is to fulfill the requirements of the L8 Approved Code of Practice; ie conduct a formal risk assessment. However, bear in mind that this Code of Practice covers a wide range of circumstances and not just rental properties. In fact, rental properties form only a very small
subject area and domestic systems are generally considered to be low risk.

You can read the Code of Practice here:
http://www.hse.gov.uk/pubns/books/l8.htm

Proudhouse feel the best advice can be provided by dispelling a few myths which are being bandied around by agents and landlords:

A combination hot water cylinder.

Myth busters
Myth 1: A written legionella risk assessment is a legal requirement for rental properties. Not strictly true! However, it is the best (and probably only) way of demonstrating compliance with the regulations.

Myth 2: Only a qualified risk assessor can undertake a legionella risk assessment. Not true! In fact HSE guidance specifically states the following: “Most landlords can assess the risk themselves and do not need to be professionally trained or accredited”

Myth 3: Risk assessments are a necessary expense. Again, the HSE website advises to the contrary: “In most cases, the actions landlords need to take are simple and straightforward so compliance does not need to be burdensome or costly.”

Myth 4: A legionella risk assessment requires technical knowledge of plumbing and water systems. Not really! HSE guidelines state:
"For most domestic hot and cold water systems, temperature is the most reliable way of ensuring the risk of exposure to Legionella bacteria is minimised ie keep the hot water hot, cold water cold and keep it moving. Other simple control measures to help control the risk of exposure to Legionella
include:

• Flushing out the system prior to letting the property
• Avoiding debris getting into the system (eg ensure the cold
• Water tanks, where fitted, have a tight fitting lid)
• Setting control parameters (eg setting the temperature ofthe hot water cylinder (calorifier) to ensure water is stored at 60°C)
• Make sure any redundant pipework identified is removed."

Myth 5: A risk assessment needs to be carried out every year. Not true! HSE guidelines state the following:
“The law does not prescribe that the risk assessment be reviewed on an annual or biennial basis. It is important to review the assessment periodically in case anything changes but where there are difficulties gaining access to occupied housing units, appropriate checks can be made by carrying
out inspections of the water system, for example, when undertaking mandatory visits such as gas safety checks or routine maintenance visits”.

Myth 6: A landlord is legally required to keep records for 5 years. Again; HSE guidance is very helpful here: “Landlords are not necessarily required to record the findings of the assessment (this is only a statutory duty for employers where there are five or more employees), but they may find it
prudent to keep a record of what has been done for their own purposes”.

What does Proudhouse advise?
The reason why we have highlighted the myths above is because we are hearing of quite a few examples of landlords being incorrectly informed and then having to pay for an expensive risk assessment (£120+ per property). We think this is unfair and some agents are being selective with their advice. However, we want to help you fulfill your duty and we understand that there is a good chance that you will not be in a position to undertake an assessment yourself or that you may not feel comfortable visiting your tenants etc. 

Contact us for more information or to arrange a Legionella Risk Assessment by our approved assessor and at a reasonable fee.

Legal Disclaimer. This content is not intended to be legal advice or an official source of information. Landlords and/or agents should seek official advice from a relevant professional or official organisation in order to assist them to satisfy their legal obligations.

Copyright and plagiarism. The photos and content in this blog article are original material authored by Chris Chambers. Downloading and printing for personal use is permitted. Reproduction in a public forum, eg on a website or a link on a social media, must include suitable references and identify Chris Chambers of Proudhouse Property Management as the author.  

Smoke Detectors in Rental Properties - 6 essential tips and an example of what not to do!

This article references The Smoke and Carbon Monoxide Alarm (England) Regulations 2015, BS7671 Requirements for Wiring Installations and also BS 5839, Fire Detection and Fire Alarm Systems for Buildings. The author, Chris Chambers, is a registered Full Scope Domestic and Commercial Electrician who has hands-on experience of installing or maintaining Grade A, D, E and F fire detection systems. Chris' Primary business is owning and running Proudhouse Property Management and Lettings.

Since 1st October 2015 it has been a mandatory requirement for all rental properties to be fitted with smoke detectors. The regulations are actually not too stringent - at least one smoke detector is required on each floor and a Carbon Monoxide detector is required in each room where a solid fuel appliance (eg a fireplace) is located. The detectors must be proved to be working at the commencement of a tenancy.

However, I am seeing more and more confusion on this subject and the regulations are wide-open for interpretation! I'll try to avoid a lengthy article with some quick points about the requirements - I'll then give you some tips for easy installation of alarms:

1) Smoke detectors come in 2 forms: Ionisation sensor (cheapest but prone to nuisance alarms) and optical. You can install either but if you install an ionisation alarm near a kitchen it will activate with cooking fumes; your tenants could well get frustrated with it and tamper with it to disable it - which defeats the object of installing it!

2) For the purposes of the regulations, I would advise that a Heat Detector is NOT classed as suitable equipment - these should be used in addition to smoke detectors.

3) BIG AREA OF CONFUSION: Mains powered smoke detectors and interconnected smoke detectors with a battery back-up (ie a Grade D system) are undoubtedly a superior system but they are NOT essential when retrofitting in a rental property nor are they a requirement of the regulations. Standalone battery smoke detectors are just as suitable for retrofitting. A Grade-D system is only required in new build properties or new build extensions/conversions.

4) However, installing mains-connected smoke detectors to a property (either via a new dedicated circuit or via an existing lighting circuit) is a good option but MUST, under Part P of The Building Regulations, be installed by a registered electrician.

5) Any smoke detector must be installed in accordance with the manufacturer's instructions in order to comply with BS7671/BS5839/BS14604. This means they should not be physically altered or located in areas not detailed in the instructions.

6) Smoke detectors usually have a 10 year life (not the battery - the whole unit). Just because the alarm operates when tested does not mean they're functioning correctly - the sensor weakens with time.

So what's the best solution for retrofitting in a rental property?

1) Don't go for the cheapest! It's a complete false economy!

Bad Example: This new system was recently spotted by Chris on a visit to a friend's 
house (a rental property). The supply cable had been surface mounted in trunking and
this alarm had a hole hacked in the side to allow for cable access (this model
is designed with only one cable side- entry point for surface cable, but the clumsy way 
it has been configured requires 2 side entry access points). This means the cable
is routed underneath the base and sandwiched between the base and the ceiling.
 This was installed in 2016 and almost certainly as a result of recent legislation.

2) The installation cost of a mains-powered system on a dedicated circuit could be in the region of £200 - £400 depending on the ease and concealment of routing the circuit etc (For an example of a really CRAP retrofitting look at the attached photos!).

The trunking is unsightly and snakes through the house with messy silicone sealing the 
joints. Ok, it works - but if I was the landlord I'd be horrified by the ugly, botched 
nature of this work! Landlords - seek professional advice and use the correct tradesman. 
I suspect this is an example of DIY or an unqualified tradesman. Battery operated 
radio linked detectors would have been SO much easier/tidier!

3) There are some excellent battery-only smoke detectors - tip: go for a lithium battery with 10 year battery life - these batteries are sealed in the unit and cannot be removed, which means tenants cannot tamper with them and there is no issue with batteries going flat

4) A REALLY GOOD SOLUTION, which is easy to install is a 10-year, lithium battery alarm which is radio interlinked. Eg FireAngel WST637. They're about £60 each but you, or a friendly handyman, can install them very quickly and easily meaning your installation fee is negligible (an electrician is not required). The risk of tampering/removal/life of batteries is also significantly reduced which means you should have fewer, if any, ongoing costs.

5) If you want to install mains powered alarms then consider radio interlinked alarms such as the AICO EI168 and compatible detectors. These can draw their power from a nearby light fitting (assuming a permanent live conductor is present - remember, a smoke detector needs to be installed no closer than 300mm to a light fitting or other electrical accessory. You should consult an electrician for advice as RCD protection may also be required). Whilst the cost of the units is more expensive, the installation is much easier than a system requiring cable to be routed between floors.

6) Finally - don't mix up your manufacturers of alarms on the same circuit. It's bad practice, probably not compliant with the aforementioned references and they might not work properly together.

Summary
If you need advice or are unsure then contact us for a friendly and free consultation. Your local
fire brigade will give you advice and, possibly, even free alarms. When it comes to electrical installations then consult an electrician accredited to the Registered Competent Person-Electrical scheme.

TOP TIP: Falls from ladders cost the UK 60 million a year, account for a third of major injuries and is the number one work-place killer. Be careful installing smoke detectors!

By Chris Chambers


Legal Disclaimer. This content is not intended to be legal advice or an official source of information. Landlords and/or agents should seek official advice from a relevant professional or official organisation in order to assist them to satisfy their legal obligations.

Copyright and plagiarism. The photos and content in this blog article are original material authored by Chris Chambers. Downloading and printing for personal use is permitted. Reproduction in a public forum, eg on a website or a link on a social media, must include suitable references and identify Chris Chambers of Proudhouse Property Management as the author.  

Rental Valuations - it's a strategy! Find out why less is more...

Your rental valuation strategy should be all about not aiming too high. You don't want to ask for too much monthly rental income. "What?!" I hear you cry. It's true! In this game, less is more. Much more sometimes - possibly several hundred if not a few thousand pounds more over the course of several years. Read on and find out why.

2016 has been a really interesting year so far - and it's only February. But with SDLT changes happening in April we are seeing a flurry of activity and requests for rental valuations of prospective rental properties. Some of these requests are coming from new landlords who are keen to make their first property investment before April. We're also getting a good run of interest from experienced landlords who are reconfiguring their investments and portfolios. Proudhouse Property Management are possibly the leading independent rental specialists in Yeovil and South Somerset. The stats from Zoopla show that for house rentals, Proudhouse is currently 4th with only multiple-office and sales-led businesses taking the top 3 places.

Stats from Zoopla, market share, Feb 2016, Houses, BA20, BA21, DT9 Postcodes

As a dedicated rental specialist it is important to us that we advise our clients fairly, and also correctly manage their expectations. Which is why we're finding it disappointing to engage with a few new landlords whose expectations of rental income have been completely mismanaged - usually because some over-zealous sales agent, or developer, has plucked a sky-high rental figure out of the air as a way of incentivising their buyers. Or sometimes a new landlord has, unfortunately, made some comparisons to other rental properties without factoring in all aspects which has distorted their expectations.

However, there is a big difference between the experienced landlord and the newcomer!  

The experienced landlords all have something in common. They understand one key concept which is really simple: Void periods! (Voids are periods when the property is unoccupied) These landlords will usually say to me, "Chris, I'd rather the house was let than standing empty". Well that sounds like a no-brainer but experienced landlords are willing to drop their price-per-calendar-month expectations - and that is how they secure a better overall income within any given year. Example:

Landlord 1
Has a well presented but average 3 bedroom house which is valued ambitiously at £800pcm. It goes on the market on April 6th 2016. Interest is luke warm as most tenants are looking in the price band £600 - £799. A month later a tenant secures the property, gives one month's notice on their current home, and then moves in at the end of May. This leads to a total of around £8000 paid in the 2016/17 financial year.

Landlord 2
Has an identical house in the same area but has valued it at £725 pcm and it also goes on the market on April 6th 2016. However, this property is valued in the middle of the target price band. It gets lots of interest. Heck, it's even better than some of the more expensive properties. 6 viewings are lined up in the first week and the landlord is spoilt for choice. A couple of the tenants are so keen that they offer to take the property immediately which the landlord agrees to. The house is rented by mid April. The total amount of rent received in the 2016/17 financial year is £8337. That's £337 more than landlord 1!

Now also bear these factors in mind:

1) Many tenancies only last 12 - 18 months so avoiding voids is essential over the years and over the course of several tenancies.

2) Lower asking prices will likely generate more interest and therefore more choice of tenants which in turn means better chances of a good match between tenant and property = happy tenant and happy landlord.

3) Tenants are less likely to leave a property where they think the rent is fair, where they're treated well and with no mandatory renewal fees or other ongoing agency expenses. This means, no void periods caused by needing to re-let.

But my property has a superb, premium, high-end interior? Surely that's worth more?

A great interior - will let your property quicker!

In South Somerset (and unlike a major city area), great interiors with high-end features can command a slightly higher asking price. But only slightly higher. The "going rate" is a powerful market force and the practicalities of space, room size and location are, more often than not, higher up on tenants' lists of priorities than premium fixtures and fittings. However, great interiors can be incorporated into your strategy! A great interior, coupled with an attractive rental value will let your property quicker! Time is money so use your premium property as a mechanism to avoid voids!


Summary
If you're deciding on rental valuation then think "average"! Think "less is more"! Avoid the voids! You will be better off in the long run. Be suspicious of any agent promising gloriously high price-per-calendar-month figures - they're just trying to win your business and are probably setting you up for a disappointment. 

By Chris Chambers
Owner at Proudhouse Property Management

Proudhouse manage properties throughout South Somerset and are are gaining a reputation for excellent customer service through a range of lettings and property services. Proudhouse are dedicated to property rentals and offer a first class personal and professional service. Proudhouse are not a sales office, franchise or part of a corporate chain.

Who can you trust?

By Chris Chambers
30 Dec 2013

Would you entrust a cherished and valued item to someone that knows absolutely nothing about how to look after that item? Let's say it's a vintage car - you would want your chosen custodian to know when and where to take it for a service; how to top up the oil; make sure it is taxed and insured etc. You wouldn't dream of giving it to someone that didn't know or care about cars.

Well it seems to be a different story with houses. The boom in the rental market has led to a proliferation of property management and letting agents and in an unregulated industry this has meant an inevitable rise in the number of unscrupulous agents. And there are plenty of unwary landlords willingly handing over their properties to agents in exchange for low rates of commission and getting a poor service in return.

Landlord & Tenant law and the Housing Acts are complex subjects riddled with points of law waiting to trip up the uninitiated; the statutory requirements placed on a private landlord are not for the faint-hearted; houses need maintenance and an agent really needs to know about property in order to correctly diagnose problems and ensure he/she calls out the appropriate tradesman (eg; the boiler is leaking and the electrics have tripped off - is an electrician, plumber or gas engineer required??); tenants go into arrears and breach tenancy agreements; the list of pitfalls is long but a robust and knowledgeable agent will foresee and prevent many of these issues and will act quickly to safeguard a landlords interest.

So who can a landlord trust?

Firstly; look or ask for an agents fees - agency fees have come under the spotlight in recent months: lettings and property management have become known as the "Wild West" of the property industry due to countless examples of agents charging unfair fees, having hidden fees or not disclosing their fees up-front. Get this information; ask for their terms of business and make sure that you sign up to an agreement that, should you need to, you can get out of on reasonable terms.

Check if your chosen agent is a member of a redress scheme; the main one in the UK is The Property Ombudsman Scheme. Membership of this scheme shows that the agent is bound by a Code Of Practice and follows managerial and customer-focused standards and practices. Our firm Proudhouse Property Management is a member of this scheme.

Secondly, find an agent that is actually trained and qualified! The National Federation Of Property Professionals (NFOPP) oversee the education, examination and qualification for a range of services within the Property Industry - holders of their qualifications are then permitted to become members of various licensing/accreditation bodies. Membership of ARLA (Association of Residential Letting Agents) means that your agent has gained a minimum of a Level 3 qualification and is qualified to practice within the industry. It also means they are a member of a redress scheme. Furthermore, ARLA licensed-firms have had their accounting practices verified by an accountant, have client money protection and will have the appropriate indemnity insurance cover in place. Proudhouse Property Management provide lettings and management in Yeovil, Somerset and are ARLA members.

There are other bodies out there - most notably NALS - they provide redress, assurance and require agents to have client money protection in place. However, a landlord shouldn't just assume an agent is trained or qualified simply because there are some fancy looking logos in the agents window. Do your homework and ensure that, whether it is your cherished former home or a buy-to-let investment, your property is placed in safe hands.

Chris Chambers is a member of ARLA and owns and runs Proudhouse Property Management who provide lettings and management in Yeovil, Sherborne, Somerset, Dorset and the South West. Proudhouse Property Management also conduct energy assessments and Green Deal advice.

Inspiration from Austria

By Chris Chambers

I'm currently on a skiing holiday in Austria. It's snowing/whiteout conditions and whilst my friends are enjoying early Après Ski in the Moose Bar, St Anton, I'm back at the chalet still recovering from last nights drunken mayhem. It strikes me that as well as doing ski resorts really, really well the Austrians also do house construction pretty neatly. I can't see the roof tiles of our chalet as they're covered in snow but the roof timbers are really, really substantial (to take the weight of all that snow) and made from an engineered, laminated softwood by the looks of things. The outsides of the buildings are clad in shingles (cedar or larch possibly) - I'm going to presume that Germanic efficiency means the shingles are sourced from local forests. The front door is a heavy, metal, well fitting piece of engineering (no expanding and getting stuck in wet weather). The garage door where the skis are stored is a heavy timber double door affair that is supported on a rail/guide system (no sagging or not closing properly). The bottom of the door is clad and sheathed in what looks like copper to prevent the bottom of the door getting wet and rotting. The lock is fantastic - a really pleasing, solid handle and deadlock system... indoors things are just as neat although basic - this is a holiday let after all. The windows are all of timber constructions and of course double glazed. There is not a hint of uPVC in sight - anywhere in the resort.

Clearly, construction methods here have to withstand extremes of conditions, so the heavy duty aspects are understandable. But it is the sheer quality of components and attention to achieving longevity that is so impressive. It's all worth bearing in mind next time you ask your builder for a roof repair and he uses some lame uPVC barge board quickly nailed into some weedy rotten timbers that really should be replaced...

Chris Chambers is the owner of Proudhouse Property Management and Wigglies Electrical Services. Creating exciting and innovative homes.

www.wigglies.co.uk
www.proudhouseproperty.co.uk
www.facebook.com/wigglies