Unusual sublet: criminal or civil?

Unusual sublet: criminal or civil?

Author
Discussion

Cider Andy

Original Poster:

1,889 posts

225 months

Monday 25th September 2017
quotequote all
superlightr said:
Its not criminal.

Did your partner issue an EPC - energy performance certificate? If not that is a £200 fine and she cant validly give a s21 notice to the tenant until its done.

Gas safety certificate if there is gas? it is a Criminal offence of the owner to let a property without one with a fine upto £6000 and upto 6 months imprisonment.

Smoke and CO alarms? Are these installed? again fines of upto £5000 can be imposed.


What docs has you partner issues?

Edited by superlightr on Monday 25th September 13:09
No documents were issued to her husband, it was entirely informal. However, letting houses is her profession and the house had previously been let formally on an AST so there is an EPC in existence. Incidentally, the house has no gas installed and has electric heating, therefore it does not need a gas safety certificate or a carbon monoxide alarm. It is fitted with a smoke alarm.

superlightr

12,852 posts

263 months

Monday 25th September 2017
quotequote all
Cider Andy said:
superlightr said:
Its not criminal.

Did your partner issue an EPC - energy performance certificate? If not that is a £200 fine and she cant validly give a s21 notice to the tenant until its done.

Gas safety certificate if there is gas? it is a Criminal offence of the owner to let a property without one with a fine upto £6000 and upto 6 months imprisonment.

Smoke and CO alarms? Are these installed? again fines of upto £5000 can be imposed.


What docs has you partner issues?

Edited by superlightr on Monday 25th September 13:09
No documents were issued to her husband, it was entirely informal. However, letting houses is her profession and the house had previously been let formally on an AST so there is an EPC in existence. Incidentally, the house has no gas installed and has electric heating, therefore it does not need a gas safety certificate or a carbon monoxide alarm. It is fitted with a smoke alarm.
nothing is informal in relation to property!

EPC needs to be given to the tenant and proof of before a s21 can be issued.

That's good there is no gas.

Hopefully she will have dotted the i's and crossed the T's so to speak be sensible to re-issue the EPC

not teaching to suck eggs but if its a house there should be 2x smoke alarms 1 on each level.

I would get solicitors to issue the s21 as its not a normal situation.

shakotan

10,684 posts

196 months

Monday 25th September 2017
quotequote all
Cider Andy said:
superlightr said:
Its not criminal.

Did your partner issue an EPC - energy performance certificate? If not that is a £200 fine and she cant validly give a s21 notice to the tenant until its done.

Gas safety certificate if there is gas? it is a Criminal offence of the owner to let a property without one with a fine upto £6000 and upto 6 months imprisonment.

Smoke and CO alarms? Are these installed? again fines of upto £5000 can be imposed.


What docs has you partner issues?

Edited by superlightr on Monday 25th September 13:09
No documents were issued to her husband, it was entirely informal. However, letting houses is her profession and the house had previously been let formally on an AST so there is an EPC in existence. Incidentally, the house has no gas installed and has electric heating, therefore it does not need a gas safety certificate or a carbon monoxide alarm. It is fitted with a smoke alarm.
CO Alarms are only mandatory in Scotland for lettings with gas.

superlightr

12,852 posts

263 months

Tuesday 26th September 2017
quotequote all
shakotan said:
Cider Andy said:
superlightr said:
Its not criminal.

Did your partner issue an EPC - energy performance certificate? If not that is a £200 fine and she cant validly give a s21 notice to the tenant until its done.

Gas safety certificate if there is gas? it is a Criminal offence of the owner to let a property without one with a fine upto £6000 and upto 6 months imprisonment.

Smoke and CO alarms? Are these installed? again fines of upto £5000 can be imposed.


What docs has you partner issues?

Edited by superlightr on Monday 25th September 13:09
No documents were issued to her husband, it was entirely informal. However, letting houses is her profession and the house had previously been let formally on an AST so there is an EPC in existence. Incidentally, the house has no gas installed and has electric heating, therefore it does not need a gas safety certificate or a carbon monoxide alarm. It is fitted with a smoke alarm.
CO Alarms are only mandatory in Scotland for lettings with gas.
don't think that's entirely accurate;
didn't think the regs were different for Scotland?

In England its a CO alarm in any room containing a solid fuel burner and smoke alarm on each level of a property.


The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 have been approved by Parliament and will come into force as planned on 1 October 2015.
Private sector landlords are required from 1 October 2015 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 (eg a coal fire, wood burning stove).

shakotan

10,684 posts

196 months

Tuesday 26th September 2017
quotequote all
superlightr said:
shakotan said:
Cider Andy said:
superlightr said:
Its not criminal.

Did your partner issue an EPC - energy performance certificate? If not that is a £200 fine and she cant validly give a s21 notice to the tenant until its done.

Gas safety certificate if there is gas? it is a Criminal offence of the owner to let a property without one with a fine upto £6000 and upto 6 months imprisonment.

Smoke and CO alarms? Are these installed? again fines of upto £5000 can be imposed.


What docs has you partner issues?

Edited by superlightr on Monday 25th September 13:09
No documents were issued to her husband, it was entirely informal. However, letting houses is her profession and the house had previously been let formally on an AST so there is an EPC in existence. Incidentally, the house has no gas installed and has electric heating, therefore it does not need a gas safety certificate or a carbon monoxide alarm. It is fitted with a smoke alarm.
CO Alarms are only mandatory in Scotland for lettings with gas.
don't think that's entirely accurate;
didn't think the regs were different for Scotland?

In England its a CO alarm in any room containing a solid fuel burner and smoke alarm on each level of a property.


The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 have been approved by Parliament and will come into force as planned on 1 October 2015.
Private sector landlords are required from 1 October 2015 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 (eg a coal fire, wood burning stove).
https://www.landlordzone.co.uk/information/a-landlords-guide-to-the-provision-of-carbon-monoxide-alarms-in-rented-accommodation-in-scotland

If a rented property has a gas fire, a CO detector is required in Scotland.

In England, it only applies to solid fuel appliances.

So what I said was entirely accurate.

superlightr

12,852 posts

263 months

Tuesday 26th September 2017
quotequote all
shakotan said:
superlightr said:
shakotan said:
Cider Andy said:
superlightr said:
Its not criminal.

Did your partner issue an EPC - energy performance certificate? If not that is a £200 fine and she cant validly give a s21 notice to the tenant until its done.

Gas safety certificate if there is gas? it is a Criminal offence of the owner to let a property without one with a fine upto £6000 and upto 6 months imprisonment.

Smoke and CO alarms? Are these installed? again fines of upto £5000 can be imposed.


What docs has you partner issues?

Edited by superlightr on Monday 25th September 13:09
No documents were issued to her husband, it was entirely informal. However, letting houses is her profession and the house had previously been let formally on an AST so there is an EPC in existence. Incidentally, the house has no gas installed and has electric heating, therefore it does not need a gas safety certificate or a carbon monoxide alarm. It is fitted with a smoke alarm.
CO Alarms are only mandatory in Scotland for lettings with gas.
don't think that's entirely accurate;
didn't think the regs were different for Scotland?

In England its a CO alarm in any room containing a solid fuel burner and smoke alarm on each level of a property.


The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 have been approved by Parliament and will come into force as planned on 1 October 2015.
Private sector landlords are required from 1 October 2015 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 (eg a coal fire, wood burning stove).
https://www.landlordzone.co.uk/information/a-landlords-guide-to-the-provision-of-carbon-monoxide-alarms-in-rented-accommodation-in-scotland

If a rented property has a gas fire, a CO detector is required in Scotland.

In England, it only applies to solid fuel appliances.

So what I said was entirely accurate.
Sorry I'm not understanding your point? but the property is not in Scotland?


I may not be as familiar with Scottish law but still understood that its not just gas even for Scotland? - it is for ALL fixed combustion appliances of any kind, with the exception of appliances used exclusively for cooking.

ie wood stoves

Scottish Government’s Statutory Guidance for the Provision of Carbon Monoxide Alarms In Private Rented Housing:

"However, the new regulations have closed this loophole to ensure tenants are protected universally, regardless of the type of fuel being burnt"

"Since the 1st of October 2013, Scottish building regulations have mandated that a CO alarm must be fitted whenever a boiler, fire, heater or stove is installed or replaced.
How will this affect me?
All landlords in Scotland are now duty bound to provide a carbon monoxide detector with an integrated long life battery. This means that even if a CO detector with removable batteries has previously been supplied, it must be exchanged for a unit with a sealed long life battery. CO detectors should be powered by a battery designed to operate for the working life of the detector”


As mentioned I'm not involved with any Scottish lets just English ones so if the regs have changed since 2013 on it I'm not aware and you may be right.


Edited by superlightr on Tuesday 26th September 14:04


Edited by superlightr on Tuesday 26th September 14:05


Edited by superlightr on Tuesday 26th September 14:05

SantaBarbara

3,244 posts

108 months

Tuesday 26th September 2017
quotequote all
Some smoke detectors have a dual power supply
Mains power plus battery power