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Smoke Detector Fines


spacedin

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HOLA441

I know of one HMO that where the wired smoke detectors appear to be missing from the corridoors. The wires are there but the smoke detectors are not.

I noticed that from October landlords will be liable for up to a 5k fine if smoke detectors are not installed.

My question is how easily would it be for a landlord to evict tenants following something like this, in revenge?

I don't live there so feel I shouldn't stick my nose bu as what they're doing is illegal and potentially life threatening I should probably make the council aware of it.

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HOLA442

I know of one HMO that where the wired smoke detectors appear to be missing from the corridoors. The wires are there but the smoke detectors are not.

I noticed that from October landlords will be liable for up to a 5k fine if smoke detectors are not installed.

My question is how easily would it be for a landlord to evict tenants following something like this, in revenge?

I don't live there so feel I shouldn't stick my nose bu as what they're doing is illegal and potentially life threatening I should probably make the council aware of it.

So if you don`t like your LL, just remove detectors and report him.

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HOLA443

From Cozza's Changes To S.21 Possession Notices - Bad News For Btl thread:

Assured Shorthold Tenancies and the Deregulation Act 2015

For ASTs starting on or after 1st October 2015

Importantly, remember that for ASTs that begin on or after this date, you now need to provide the following documents to tenants at the start of each fixed term tenancy:

  • Gas appliance safety certificate
  • An energy performance certificate (EPC)
  • The government’s document called ‘How to rent: The checklist for renting in England’ – you can download a copy from the website

In relation to serving section 21 notices:

  • Landlords can only serve a section 21 notice after 4 months of the first tenancy
  • The form of the section 21 notice has to be in the new ‘prescribed form’ (available online before 1st October 2015)
  • 6 month limit after which a section 21 notice expires, at the present time running from the date of service
  • Any health and safety improvement notice served by the local authority means no section 21 notice can be served for 6 months
Complaints about the property

Any complaint in writing from the tenant about the condition of a property has to be responded to within 14 days. The landlord has to set out in his reply:

  • What he intends to do
  • The timeline for doing the repair work

If the landlord then either:

  • Fails to reply to the written complaint,
  • Gives an inadequate reply, or
  • Serves a section 21 notice

The tenant can complain to the local authority who must inspect the property. If the local authority inspects the property it can:

  • Serve a remedial notice
  • Carry out emergency remedial action

At this point the landlord’s rights to evict under section 21 will be held in limbo, since:

  • No section 21 notice previously served will be valid
  • No further notice may be served for 6 months

However, the landlord can still serve a section 8 notice, but given the repair issues, the tenant may take the opportunity to try and counterclaim to prevent possession and claim damages.

So it might cause revenge evictions at the current time but after new ASTs have been entered into then that should be a much lower risk. Perhaps it would also be possible for the council to make it clear that the tip off didn't come from the tenants and thus revenge evictions wouldn't help matters at all?

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