nuisence neighbours
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eviction
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landlord ignoring you
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housing
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service charge
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tenant deposit scheme
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‘viability assessment’threatens,planning system
‘viability assessment’threatens,planning system
‘viability assessment’
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It is a phenomenon, in the view of housing expert Dr Bob Colenutt at the University of Northampton, that “threatens the very foundations of the UK planning system”; a legalised practice of fiddling figures that represents “a wholesale fraud on the public purse”.
in the developer’s interest to maximise its projected costs and minimise the projected sales values to make its plans appear less profitable. With figures that generate a residual value not much higher than the building’s current value, the developer can wave “evidence” before the council that the project simply “can’t wash its face” if it has to meet an onerous affordable housing target – while all the time safeguarding their own profit.
“is that it has nothing to do with the scheme’s viability at all, and everything to do with its profitability for the developer”. It is also all perfectly legal.
Under Section 106, also known as “planning gain”, developers are required to provide a certain proportion of affordable housing in developments of more than 10 homes, ranging from 35–50% depending on the local authority in question. Developers who claim their schemes are not commercially viable, when subject to these obligations, must submit a financial viability assessment explaining precisely why the figures don’t stack up.
In simple terms, this assessment takes the total costs of a project – construction, professional fees and profit – and subtracts them from the total projected revenue from selling the homes, based on current property values. What’s left over is called the “residual land value” – the value of the site once the development has taken place, which must be high enough to represent a decent return to the landowner.
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Gas Installations and obstructions
Gas Installations
If you have a gas supply it is important to ensure there are no potential fire risks.
There have been occasions where wheelie bins or other waste materials have been maliciously set on fire and have subsequently damaged the gas meter.
Where possible, do not store waste material or wheelie bins on or adjacent to the gas meter installation as this increases the potential fire risk if these are set alight.
Wheelie bins should be stored at a place away from the gas meter installation or in a secure area.
No one should in any way
interfere with the integrity of the gas installation/apparatus or compromise its safe operation, or
damage (including misuse, interference, tampering or stealing) the meter, meter apparatus or any other pipes at the meter.
Any failure by you to comply with the above conditions may result in legal action being taken against you.
Please try and keep gas meter installation unobstructed and freely accessible. Do not place or store materials in front of meters as this prevents the meter reader from your gas supplier being able to access the meter. This is particularly important in relation to safety as speedy access to the meter installation can be crucial in the event of a gas leak.
just 6,463 homes for social rent were built in England between 2017-18. Almost a decade ago, this figure stood at 30,000.
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Recent figures released by the Ministry for Housing, Communities and Local Government have identified that just 6,463 homes for social rent were built in England between 2017-18. Almost a decade ago, this figure stood at 30,000.
In England, 1.25m families were registered on waiting lists for social housing between 2016-17, with around two-thirds waiting for more than a year. As reported in The Future of Social Homes for Rent, on average an English local authority has more than 3,500 families on its books.
Mark Robinson, our chief executive, comments: “It seems that the government has finally recognised that local councils need to be contributing towards meeting housing targets, but it will take years to turn back the clock on decades of undersupply. Given the concerns expressed by both the public and elected councillors, a solution needs to be found, however radical. In 2018, local authorities will be contributing just tens of thousands of new homes; in 1977, councils built 121,000 homes.”
The Prime Minister recently announced that the government is set to lift the Housing Revenue Account cap, which means that councils will be able to borrow against their assets to fund new development.
Condemning the lack of new social housing, Labour said that a the current rate of construction it would take at least 170 years to house the families on waiting lists.
John Healey, the shadow housing secretary, said: “These figures confirm the disastrous fall in the number of new affordable homes for social rent under the Conservatives.”
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Despite the sharp decline, the overall number of properties constructed in England that were classified by the government as affordable rose by 12% last year to 47,355.
The bulk were built for so-called “affordable rent”, where rental costs are capped at 80% of local private sector rents. Affordable rent properties are typically favoured by the building industry because developers tend to make larger profits on them.
Unlike affordable rent, social rental properties also take into account local incomes as well as house prices. Campaigners have criticised the term affordable rent for “turning the English language on its head”, saying they are still unaffordable to many people.
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The number of affordable rent properties has soared since they were introduced by the Conservative-Liberal Democrat government in 2011, as the number of social rent properties has declined. Almost 27,200 were built last year, up from about 24,300 in 2016-17.
About 57% of all new affordable homes built last year were for affordable rent, while just 14% were for social rent. The rest are intermediate affordable housing, which includes shared ownership properties and affordable home ownership schemes.
In England, about 1.25 million families were registered on the waiting list for social housing between 2016-17. About two-thirds have been waiting for more than a year. On average, an English local authority has more than 3,500 families on its books.
Polly Neate, chief executive of the charity Shelter, said the gap between the number of social homes needed and those being built was vast. “This just isn’t acceptable when nearly 280,000 people are homeless in England today,” she said.
In her Conservative party conference speech last month, Theresa May said a cap on local authority borrowing for the construction of new homes would be scrapped, a step designed to increase the number of new homes built across Britain.
Patrick Gower, a residential research associate at the estate agency Knight Frank, said the prime minister would be encouraged by the 12% rise in the number of affordable housing completions.
He said the number of affordable homes starting to be built last year also increased by 11% to 53,572. “The number of homes likely to complete in the coming two to three years is also likely to increase,” he added.
Increasing the number of affordable homes has become a top priority amid a national housing shortage exacerbated by high house prices. High rental costs have added to the pressures facing households across the country.
Councils used to build more than 40% of affordable or social homes in the 1970s but there has been a shortage of properties since Margaret Thatcher introduced right to buy in the 1980s.
Mark Robinson, the chief executive of Scape Group, a public sector construction outsourcer, said: “Councils must be empowered to build social housing themselves, as they were in the 1970s.”
(Fitness for Human Habitation) Bill,
(Fitness for Human Habitation) Bill,
the Second Reading in the House of the Lords for the Homes (Fitness for Human Habitation) Bill, promoted by Labour backbencher Karen Buck with strong support from the government and industry.
The Bill seeks to amend the Landlord and Tenant Act 1985, and the Building Act 1984.
If it becomes law (as is highly likely, in the second half of 2019) it will ensure that all landlords in the social and private sectors must ensure that their property is fit for human habitation at the beginning of the tenancy and throughout and, where this is not done, the tenant will have the right to take legal action in the courts for breach of contract on the grounds that the property is unfit for human habitation.
ARLA supports the measure and says: “It will give renters greater protection against criminal operators, is a step in the right direction for the market, and as Karen Buck MP said, we look forward to working with her to achieve better enforcement against those who bring the sector into disrepute.”
In addition the Residential Association of Landlords and National Association of Landlords both back the Bill.
Policy director at the RLA, David Smith, says: “Tenants have a right to expect that homes are fit for habitation, and the vast majority of good landlords already provide this. This Bill therefore reinforces what landlords should already be doing.”
The Bill extends to England and Wales but will only apply to tenancies in England. The Welsh Government has already included similar provisions in relation to housing fitness in the Renting Homes (Wales) Act 2016.
tenants to take so-called ‘rogue landlords’ to civil court.
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Nottingham council - which recently introduced one of the largest and most controversial selective licensing schemes in the country - now wants tenants to take so-called ‘rogue landlords’ to civil court.
This follows a court test case in which an illegally-evicted tenant was awarded over £12,500 in damages.
The recent prosecution brought by the council saw landlord Mohammed Azheem ordered by Nottingham magistrates to do 120 hours unpaid work as well as paying his tenant £1,000 in compensation. The tenant had been illegally evicted when her locks were changed while she was out.
This followed a series of breaches in the tenancy agreement, including Azheem and his father letting themselves into the property without notice and issuing threats to the tenant over rent.
The tenant took a case to civil court, supported by the council and Nottingham Law Centre; the court awarded over £12,500 of damages to the tenant, who it said was a vulnerable person who had suffered harassment and mental health problems as part of her ordeal.
Azheem was also ordered to pay £9,000 costs towards the Nottingham Law Centre.
Sally Denton from the Law Centre says: “This was a test case where we were able to work jointly with the City Council who were prosecuting the criminal case and so sets a precedent for further action. In many cases like this, it is difficult to prosecute because tenants are often vulnerable, reluctant to come forward to take on their landlord and may have language barriers or a lack of understanding over their rights.”
And a council spokesman adds: “I ... hope it will give any tenants in the private rented sector who are facing similar problems the confidence to come forward and tell us about what’s happening so that we can take the appropriate action to resolve the situation.”
landlords The Defective Premises Act 1972.
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The Defective Premises Act 1972. Your landlord owes you certain duties of carethat are set out in this Act. They include a duty to prevent personal injury or damage to property caused by defects in your home. This duty is owed to you, members of your family, and also to visitors to your home.
Negligence is a standard of reasonableness; a duty of care is breached where a person acts below the standard of care required, by doing something that a reasonable and prudent man would not do or by not doing something that a reasonable would do.
A duty of care will arise where the person under the duty ought reasonably to have foreseen that another person might be affected by his actions or omissions. A threefold test for a duty of care was introduced in Caparo Industries v Dickman [1990]:
Landlords
Traditionally, landlords did not owe a duty of care to their tenants due to the long-established maxim of caveat emptor, meaning ‘buyer beware’, but both common law and statute have since evolved to offer greater protection to tenants and in some situations now impose certain duties on landlords. If a landlord fails to discharges these duties, they may be liable to the tenant.
Common law
The courts imply certain duties into all tenancy agreements, and the landlord must fulfil these duties even though the landlord and tenant did not expressly include these in their agreement.
These implied duties are exceptions to the caveat emptor rule, and include:
The landlord has a duty to ensure that furnished property is fit for human habitation at the beginning of the tenancy, as the tenant is unable to properly examine the premises.
A landlord who owns or retains control of parts of the tenanted property, such as stairways, lifts and corridors, is under a duty of care to keep those parts of the building in condition so that they do not cause injury to the tenant or damage to the tenant’s property.
This duty arises even if the tenant does not inform the landlord of the hazard or defect.
A landlord who was responsible for part of the design or building of the premises owes a duty of care in respect of this work; where a person has undertaken a duty that requires special or extraordinary skill they are expected to use a higher standard of care.
A developer has a duty to exercise reasonable care in his work; builders, developers, architects, surveyors and designers who fail to exercise reasonable care when working on a building may be liable to the occupiers of the building for any damage or injury that results from their negligence.
Statute
Legislation imposes further duties of care on landlords:
Landlord and Tenant Act 1985 - section 11 imposes on the landlord a duty to keep the structure and exterior of the property in repair, and also to keep in repair and proper working order the installations for the supply of essential services including those associated with space heating and heating water.
Defective Premises Act 1972 – section 4 imposes on landlords a duty of care to ‘all persons who might reasonably be expected to be affected by defects in the premises’. This duty extends to damages for personal injury or damage to these persons’ property, and damages can be recovered not only by the tenant but also by any visitors to the property. The landlord is responsible for all damages caused by a ‘relevant defect’, which is one ‘arising from, or continuing because of, an act or omission by the landlord which actually constitutes a breach of his repairing obligation or which would have done so if he had been given notice of it’.
This duty is more limited than most of those at common law, as it is owed where the landlord knows or ought to, in the circumstances, have known of the of the relevant defect. This may cause a landlord to be in breach of his duty even where he does not have actual knowledge of the defect. Part of this provision, s. 4(4), allows the tenant to bring an action for disrepair where the landlord has an express or implied right to enter the premises to carry out repairs. s. 4(4) also implies an additional duty on the landlord to maintain and repair parts of the premises where the landlord has reserved himself a right of access to these parts to carry out these repairs.
s. 4(4) is the only part of s. 4 that implies a duty of care on the landlord where there is no obligation to repair. Recently, the courts have rules that the s. 4 requirement that landlords keep property in good condition does not oblige the landlord to put it into a good condition, or to keep the premises safe.
Occupiers’ Liability Act 1957 – section 2 imposes a duty of care on the occupier of premises to ensure that visitors to the property are reasonably safe. A tenant with exclusive possession of the property is regarded the occupier, and this therefore transfers the duty from the landlord to the tenant. A landlord who retains control of part of the premises, however, will be regarded the occupier, and will therefore will owe this duty of care to all tenants, and their visitors. The Occupiers’ Liability Act 1984 further extends the duty of care to cover persons who are not lawful visitors, such as trespassers. The occupier will owe a duty of care to these people if he is aware, or has reasonable grounds to know, of a danger on the premises and that a person may be in the vicinity of the danger and the risk is a real one against which he may reasonably be expected to offer some protection.
Other than the obligations imposed on the landlord of common parts, or under the Defective Premises Act 1972, almost all repairing obligations require that the landlord has knowledge off the disrepair within the property, before any liability arises.------------------
Dual housing benefit for two homes
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Dual housing benefit for two homes
Normally you can only get housing benefit for one home at a time. However there are special circumstances where it may be possible to have housing benefit paid for more than one homMoving home
If you are moving from one home to another but there is an overlap between the end of your old tenancy and the start of your new tenancy, it may be possible to get housing benefit paid for both homes for up to four weeks.
You will have to show that you could not avoid having an overlap between the tenancies. For example, you had to accept the tenancy at your new home immediately, but you still had to give notice before ending the tenancy at your old flat.
Housing benefit can usually only be paid from the first Monday after you move into your new home. For example, if you signed up for a new tenancy on a Friday but did not move in until the following Wednesday, housing benefit would be paid from the Monday following that, not the day your tenancy started. The four weeks will run from that day
e. Find out what these circumstances are and how to apply.
Waiting for adaptations to be done
If you can't move into your new home until adaptations have been carried out because you, or someone you live with, is disabled, you can have housing benefit paid for up to four weeks before you move in. If you have a home already, you can continue to receive housing benefit for your old home.
Leaving home because of fear of violence
If you have left your home because of fear of violence, you can get housing benefit for your old home and the home you are staying in now, for up to one year, so long as you intend to return to your old home.
You could be afraid of violence from someone who lived in your old home, or a former family member. It also includes fear of violence from your neighbours, or fear of racial attacks on your home.
If you don't intend to return home, you can get housing benefit paid for four weeks, if you need to pay rent on the home you have left and your new accommodation
Your family is too big for one home
If the council has placed your family in two homes because they could not provide you with a home big enough for your whole family, you can get housing benefit for both homes for as long as it is necessary for you to live in two homes.
How do I apply for housing benefit for two homes?
Payments for two homes are not given automatically, so you will have to write to your housing benefit department and ask.
If you are writing a letter remember to include:
the address of your old tenancy and the date that your tenancy ends
the address of your new tenancy and the date that your tenancy starts
your reasons for moving and why it was not possible to avoid an overlap.
Is Your Landlord Guilty of Harassment?
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Is Your Landlord Guilty of Harassment?
Certain landlord actions are illegal. This includes any attempt by a landlord to harass their tenants. Learn if your landlord could be guilty of harassment.
What Is Landlord Harassment?
Landlord harassment is the attempt by a landlord to pressure or intimidate a tenant using aggressive methods. These actions are intended to disrupt the quiet, peaceful enjoyment of the rental unit by the tenant, force the tenant to move from the unit or force the tenant to refrain from pursuing a legal right they have.
Reasons a Landlord Might Harass a Tenant
There are many reasons a landlord might harass a tenant, and none of them are legal. In general, harassment is done to get a tenant to do something the landlord wants. This could include moving out following certain rules, paying their rent or complaining less. A landlord could also harass a tenant out of anger for a prior action the tenant committed, such as complaining to a government agency about a maintenance issue at the property.
Don’t Agree With Member of a Certain Class: Another reason a landlord may want a tenant to move is the tenant is a member of a class of people the landlord does not like. This could be based on their religion, nationality, gender, disability or even the fact that they have children.
Tenant Complaints: A landlord may wish to get a tenant that he or she sees as ‘annoying’ out of the property. The tenant could constantly be calling the landlord with a new complaint and the landlord has had enough.
Entering Without Warning: tenant laws require a landlord to give a tenant proper notice before the landlord can enter the tenant’s apartment. Emergencies are an exception to this rule. Landlords who enter a tenant’s property without warning or prior approval could be accused of harassment.
Shutting Off Utilities: rental properties have an implied warranty of habitability. This means that tenants have the right to live in a safe home that includes certain basic necessities in order to survive, such as running water, sewer and heat in the winter.
Cutting Off Amenities That Were Included in Lease Agreement: A landlord may try to make conditions at the rental property uncomfortable to get the tenant to move. This could include taking away a tenant’s parking spot or cutting off their access to laundry services.
Refusing to Make Repairs/Perform Maintenance: A landlord could attempt to force a tenant out by making the conditions at the property uncomfortable by refusing to make repairs to the unit or perform requested or necessary maintenance.
Changing the Locks: A landlord may change the locks on common area doors or on the actual entry doors to the tenant’s unit or even barricade these doors in order to get the tenant to move out of the property.
Removing Possessions From Unit: Another bold intimidation tactic by landlords is to physically move a tenant’s possessions out of the rental property.
Verbally Threatening the Tenant: A landlord may use their words to intimidate the tenant. These threats could be made over the phone, in person or in writing, such as in text messages, emails or written letters.
Physically Threatening the Tenant: A landlord could try to pressure a tenant using physical harassment. This could include using their body to block a tenant’s exit from a room, getting in a tenant’s face or even laying their actual hands on the tenant.
Refusing to Accept a Rent Payment: A landlord may attempt to intimidate a tenant into moving or threaten the tenant to take back a complaint by refusing to accept the tenant’s rent payment.
Filing False Charges Against the Tenant: Another form of harassment involves a landlord filing false charges against a tenant, such as falsely stating the tenant violated a no-pets policy, in an attempt to evict the tenant.
Filing a Fake Eviction Against the Tenant: A landlord could try to get the tenant to move by sending a fake eviction notice to the tenant. For example, the notice may state that the tenant is being evicted and only has three days to move out of the unit.
Building work, Related Nuisances: If a landlord begins construction with the sole purpose of disturbing the tenant, this could be considered harassment. It could include working during
early morning or late at night, leaving construction debris everywhere or physically blocking the entrance to the tenant’s apartment.
Sexual Harassment: A landlord could harass a tenant by making crude remarks to the tenant or other obscene sexual advances.
Document the Incident: If a tenant believes he or she is being harassed by their landlord, he or she should document any alleged incidents that occur including the date, time and nature of the harassment. The tenant should keep any evidence of the harassment, including a voicemail, text message, email, letter, photo or video that captures the incident.
Contact the police
If you’re being harassed and you feel you're in danger you can contact the police.
If you think you’re being harassed because of your disability, race, religion, transgender identity or sexual orientation, you can report the harassment to the police as a hate incident or crime.
You can find details of your local police station on the Police.UKPolice.UK website.
Take action under the Protection from Harassment Act 1997
Harassment is both a criminal offence and a civil action under the Protection from Harassment Act 1997.
This means that someone can be prosecuted in the criminal courts if they harass you. It also means you can take action against the person in the civil courts.
When is something harassment under the Act?
Generally speaking harassment is behaviour which causes you distress or alarm.
The Act also says you must have experienced at least two incidents by the sameperson or group of people for it to be harassment.
It's the courts that decide if something is harassment under the Act. The courts will look at whether most people or a reasonable person would think the behaviour amounts to harassment.
When can you take civil court action about harassment?
If you’ve been the victim of harassment you can take action in the civil courts against the person harassing you.
You need to make your claim within six years of when the harassment happened.
You can still take civil court action even if the person harassing you hasn’t been found guilty of a criminal offence.
What can the court do if you take civil action about harassment?
The court can make an order or injunction that the person harassing you must stop their behaviour. If they don’t stop harassing you after the court has made an injunction against them, it's a criminal offence and they can be prosecuted in the criminal courts.
You can also ask the court for compensation if you’ve suffered financial or emotional loss - for example, if the harassment has made you feel very anxious or distressed.
If you’re thinking about taking court action, you should get advice from an experienced adviser - for example, at a Citizens Advice local office.
Harassment by a landlord
If a landlord harasses you this could be a criminal offence under the Protection from Eviction Act 1977.
When is it harassment by a landlord?
The criminal offence of harassment is when your landlord, or anyone acting on their behalf - for example, an estate agent - does something deliberately that interferes with the enjoyment of your home and is intended to make you leave, or take away your rights.
Examples of harassment include:
interfering with or cutting off services, like water, gas or electricity
visiting your home regularly without warning, especially at night
using threatening behaviour or being physically violent
Revenge eviction if you ask for repairs
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Tenants who complain are 50% more likely to be evicted - the people being punished for a basic standard of living;
Revenge eviction. A revenge eviction is a term used in the United Kingdom to describe an eviction process initiated by a landlord where a tenant asks for repairs to be carried out or complains about conditions. Campaign groups such as Shelter have called for revenge evictions to be legislated against.
An investigation has found complaining dramatically increases a renter’s chance of getting an eviction notice when compared to people who do not complain.
Renters who complain about issues with their home are statistically more likely to be evicted, a report has found.
Charity Citizens Advice said people who formally air grievances around issues such as damp and mould have an almost one-in-two chance of being served with an eviction notice within six months.
It said around 141,000 people have been handed eviction notices since laws attempting to ban revenge evictions were introduced in 2015.
making a complaint dramatically increases a renter’s chance of getting an eviction notice when compared to people who do not complain.
It found tenants who had received a Section 21 "no-fault eviction" notice were five times more likely to have gone to their local authority and eight times more likely to have complained to a redress scheme.
The charity argues the figures prove 2015 laws designed to prevent families and other tenants in the private rented sector from being evicted after raising a complaint have failed.
Figures also reveal that 3 in 4 council Environmental Health Officers (EHO) saw tenants receive a no-fault eviction after complaining last year.
Of the officers who had been in their role before the 2015 Act was passed, 90% said they have not seen a drop in revenge evictions.
In examples revealed by Citizens Advice, it referred to one mum who moved into a house with her husband and two children and went to her council because a leak in the home was causing her partner’s health to deteriorate.
One day before an Environmental Health inspection was due to take place, she was issued a Section 21 eviction notice.
In the UK, there are 4.7 million households - including 1.7 million families with dependent children - living in privately rented accommodation.
The charity is now calling on the Government to strengthen tenancy laws to ensure people aren't at risk of being left on the streets because they've exercised their rights to a basic standard of living.
It backs the Government’s proposals for minimum three-year tenancies, however is concerned that potential loopholes may undermine protections that longer tenancies provide.
As it currently stands, landlords can't technically evict you for making a complaint.
However, they do have the right to service you a Section 21 notice (eviction warning) without reason.
To do this, they much give you the notice in writing, with at least 2 months' warning.
To protect people, the law states that if the tenant is on an assured shorthold tenancy and
recently made a formal complaint or the landlord received a warning from the council asking them to make legally-required improvements, a Section 21 notice cannot be issued.
However, despite these rules, thousands of tenants are being evicted each year - and in more cases than not, it's those who have formally reported an issue with either the landlord or the property.
When your landlord cannot serve you an eviction notice
You cannot be issued with a Section 21 notice if any of the following apply:
it’s less than 6 months since the tenancy startedthe fixed term has not ended, unless there’s a clause in the contract which allows you to do thisthe property is categorised as a house in multiple occupation (HMO) and does not have a HMO licence from the councilthe council has served an improvement notice on the property in the last 6 monthsthe council has served a notice in the last 6 months that says it will do emergency works on the propertythe tenancy started after April 2007 and you have not put the tenants’ deposit in a deposit protection schemethe tenant has not been given the property's Energy Performance Certificatethe tenant has not been handed a current gas safety record for the propertythe tenant has not received the government’s ‘How to Rent’ guide
Generation Rent, the body campaigning for fairer rules for tenants has also put forward a series of improvements as the Government prepares to close its consultation on three-year tenancies this Sunday.
It follows a petition sent to Housing Secretary James Brokenshire on Thursday, which demands an end to landlords’ right to evict tenants with no reason, and is signed by 50,000 people.
According to Generation Rent, Section 21 should be abolished entirely, ending the ability to evict tenants without grounds.
The campaign also proposes that rent rises should be restricted to wage growth and that landlords evicting to sell or move back in pay the equivalent of three months’ rent to support the tenant in finding a new home.
This would also incentivise sales with sitting tenants.
Revenge eviction if you ask for repairs
If you rent privately you could be protected from eviction if you complain to your landlord about repairs or poor conditions.
What is a revenge eviction?
A revenge or retaliatory eviction is when a landlord tries to evict you after you report repairs or complain about conditions in your home.
This usually affects private tenants with an assured shorthold tenancy as it’s easier for landlords to take steps to evict them.
Assured and pre-1989 regulated tenants
You already have protection from a revenge eviction if you have an:
assured tenancyregulated tenancy
Your landlord has to prove in court that there’s a legal reason to evict you.
Protection for assured shorthold tenants
You have some protection against revenge eviction with an assured shorthold tenancy in certain circumstances.
If you receive a section 21 notice after you complain
A court will refuse to order your eviction if all of these apply:
you complained to your landlord or letting agent in writing before you received a section 21 noticeyou complained to the local council because your landlord didn't take steps to fix the problemthe council sent your landlord an improvement or emergency work notice
A section 21 notice served between the time of your written complaint and the council issuing an improvement or emergency work notice will also be treated as invalid.
You may also be protected if you first complained about the repairs to the council because you didn't have contact details for your landlord.
If you receive a section 21 notice after the council send notice to your landlord
A section 21 notice sent in the 6 months after your landlord received an improvement notice
or an emergency work notice from the council will be invalid even if you did not write to complain to your landlord first.
When the law doesn’t protect you
You won’t be protected from a revenge eviction if you:
only complained verbally and your landlord serves a section 21 notice before you complained in writingcomplain to the council but it takes no action or serves your landlord with a hazard awareness notice or prohibition noticethe council suspends its improvement or emergency work notice and the landlord then serves a section 21 notice
You also won’t be protected if your landlord can prove to the court that:
you caused the problem you're complaining aboutthey've genuinely put the property up for sale – sales to friends, family or business partners don’t countthe property has been repossessed by the landlord's mortgage lender and the property will be sold with vacant possession (this will not apply if your tenancy started before your landlord took out the mortgage)
There is no protection against a revenge eviction if your landlord uses the section 8 court procedure for eviction but you may be able to challenge it for other reasons.
Lodgers
If you are a lodger, you do not have any protection against a revenge eviction.
Your landlord only has to give you reasonable notice to leave when they want to evict you.
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Sharps discarded in public places present a risk of injury and possibly infection, to tenants,employees ,and visitors but also to the public at large and especially children.
to protect public health, systems are required at a local level to ensure the safe and efficient removal of discarded sharps in the community.
Such systems require a co-ordinated approach to protectthose, involved in the collection of sharps and any members of the public,or tenants, who may be exposed to possible risk of infection.
to ensure the efficient, safe collection and disposal of sharps, drugs and drugs paraphernalia whilst also to serve to reassure tenants,public. Employees and visitors.
Sharps and drugs paraphernalia are likely to be found in a number of circumstances. In any circumstances agencies involved in the uplift and disposal of such items will endeavour to do so within 4 hours of being notified.
The advice on safe handling of sharps applies equally to members of the public ,tenants and staff. A member of the public.or a tenant, reporting finding a sharp in the community should be told: • Do not touch the item • Remain nearby if possible to direct the collection or cover the item to prevent others coming into contact with it. • Someone will uplift the item on the same day as report is made .
Fundamental to this protocol is the safety,All staff responsible for the collection of sharps must be offered hepatitis B immunisation by their employer.
Should a sharps injury be suffered by a member of the public .tenant or staff, the following first-aid measures should be communicated and carried out: • Encourage bleeding of the infected area by squeezing (DO NOT SUCK). • If possible wash the area with soap and water. •
If eyes / mouth are involved irrigate with tap water for 1-2 minutes. • Go to the nearest Health Centre or Accident and Emergency Department immediately who will assess risk and provide appropriate treatment. • Inform your G.P.
Police, Council and staff who are most likely to be involved with the reporting, collection and disposal of sharps should undertake a brief training session highlighting the Health & Safety considerations, risk assessment and procedure to be followed. compliance with Health & Safety law. Advice on the content of such a training programme can be obtained from the Health & Safety Executive website.
There is not just one kind of drug paraphernalia, like there is not just one drug. People take different drugs in different ways. 9.3. Drug users tend to use household items as paraphernalia such as: • Spoons - they will be discoloured and have a burnt look if they have been used for this purpose. This may be used for burning heroin. • Safety pins - they will also be discoloured and have a burnt look. Safety pins can be used for burning cannabis. • Tin foil - this may have holes in and have a burnt appearance. • Crisp packets - this will be used when inhaling solvents such as glue. • Pipes - May be used for smoking cannabis or crack cocaine. • Plastic bottles with the bottom cut off - this may be used for smoking cannabis. • Mirror, razor/credit card and straw/rolled paper note- this may be used for cocaine. • Needles and syringes used for injecting intravenous drugs such heroin. 9.4. Sharps should always be removed and deposited in approved sharps bin using forceps with rubber gloves being worn. The following action should be taken following the safe recovery of sharps, drugs and drugs paraphernalia.
RECORDING & REPORTING ARRANGEMENTS
In order that a strategic overview of the instances of sharps found in the community can be maintained, it is essential that all sharps recoveries are reported and appropriate records kept.
Social Landlords should report sharps recoveries to their Health & Safety Section/Representative. In turn, they will have responsibility of emailing the Recording Form (Appendix 1) to the Safer Communities Team,
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The Safe Collection & Disposal of Discarded Sharps Found In the Community Recording Form 1. Description of hazard/find (e.g. needle on own, syringe and needle) 2. Number collected 3.Time/Date found 4. Time/Date reported (If different from above) 5. Source of report (e.g. member of public) 6. Location of find 7. Time/Date removed 8. How was collection disposed of and by whom 9. Any additional comments 10. Details of person who dealt with incident Please ensure this form is emailed to Safer Communities Team: