Colourless, tasteless, odourless and toxic
Carbon monoxide (CO) poisoning is an under-diagnosed problem, according to NICE (the National Institute for Health and Care Excellence). Every year, some 40 deaths and 200 non-fatal poisonings which require hospital admission are reported from high-level carbon monoxide poisoning. But NICE states that the true incidence of CO poisoning is likely to be significantly higher.
As carbon monoxide is colourless, odourless and tasteless, the signs of low-level carbon monoxide toxicity are often non-specific. It’s easily misdiagnosed as another, more common condition; food poisoning, flu-like illness or depression. Still, each year, there are some 4,000 attendances at Englands accident and emergency departments for treatment after carbon monoxide poisoning.
The Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 which came into effect on 1 October are very welcome, then. Now, the landlord must ensure that a carbon monoxide alarm is provided in any room of your home which contains a fixed combustion appliance such as a gas boiler or oil boiler. The regulations specifically state that a bathroom or lavatory is classed as living accommodation.Landlords are legally obliged to ensure that smoke alarms and carbon monoxide alarms are repaired or replaced once they are informed and the alarms are found to be faulty. The cost of installing and maintaining these alarms falls to your landlord. B as a tenant, it’s your responsibility to test your alarms regularly. The biggest button on these alarms is normally a ‘test’ button. How often you choose to test them is up to you but once a month is a minimum.Carbon monoxide alarms must be labelled with British Standard EN 50291 and carry a British or European approval mark, such as a Kitemark. Smoke alarms must meet British Standard EN14604:2005 and it’s BS 5446-3:2003 for heat alarms. If there is no CO alarm in your home, write to the owner/landlord/managing agent and tell them what you know.
No licence, no ‘no fault eviction’
I currently live with my brother and another flatmate. My brother is moving out so we found someone to replace him but have now received the following email from the agent:
“We cannot accommodate the proposed change in the tenancy. The reason is being that the property is a 2 bedroom and not a 3 bedroom. By bringing Kyle in, the property would be a HMO and would require a licence, as well as additional works to bring it up to standard. The landlord does not want the property to become a HMO. Sadly, we will not be renewing your contract.”
We find this very strange. When my brother was shown around the property, it was being used as a 3 bedroom. We have been using it as a 3 bedroom, with all 3 of us on the contract but now they are using this as the grounds to give us notice. Do you have any idea what we should do next?
Dear Ben,
What an interesting admission from the managing agent! He knows that has been renting out a property which does not meet the legal minimum standard. Licensing requires the property to meet all legal minimum standards, nothing more.
An Additional Licensing scheme is in effect in your Ward. The exact phrase around which properties should be licensed is “three or more people forming two or more households“. This means three people who are not all members of the same family. You and your brother are certainly members of the same family so could be understood to be one household. Had the other flatmate been in an intimate relationship with either of you two, the agent could argue that yours was one household. But that was not the case.
As the third person is just a friend and was never an intimate partner, you were always two households. The property should have been licensed this whole time. Therefore, you should be entitled to make a claim for a Rent Repayment Order [RRO]. But first you have to prove the licensing breach. Camden Council has produced a useful guide to rent repayment orders . Most of the information applies equally wherever you live (but no. 7 is specific to Camden).
Rather than telling the agent what you know, you could contact the property licensing team at your local council. Explain that you’ve just found out your home is not licensed and that the landlord/their agent has acknowledged, in writing, that the accommodation is sub-standard. I suggest calling the council in the first instance, to explain and ask how to report in writing.
They might say that you don’t need to make your report in writing as you have reported verbally. If so, please get the name of the person you speak to. Try to get an email address, as well. Then, you can follow up if nothing has happened within a week or so. But this doesn’t answer your question.
Merely stating that they are not renewing your tenancy does not bring your tenancy to an end. As long as you are not in breach of your tenancy, the landlord would have to move to evict you by issuing a section 21 notice on Form 6A.
But as your home should be licensed and is not, any section 21 notice would be invalid. To move to evict you under section 21 of the Housing Act 1988, a landlord has to be complaint with all relevant obligations. That means you should have
- an energy performance certificate (EPC)
- a gas safety certificate dated within the past 12 months (if your home has gas appliances)
- an electrical Installations conditions report (EICR Certificate)
- a copy of the How to Rent guide and
- a property licence, where licensing applies
I don’t know what your tenancy agreement says about sub-letting but you need to read it to find out. If you were to move in a third person who is not named on the tenancy agreement, you could be in breach of your tenancy conditions. Then, the landlord could move to evict you under s.8 of the Housing Act 1988. That can be quite a lengthy process.
Landlords generally prefer to seek possession via section 21 because it’s so cruelly quick and easy for them. Under section 8, once you have a court date, if the landlord can prove that you’ve breached the terms of your agreement (or if you admit it), the court can order you to leave your home within 14 days.
But please know that you do not have to move out on the basis of a (stupid) email such as the managing agent has sent you. And at the moment, it looks as though you might be entitled to some rent back.
Household Support Fund
The Household Support Fund has been extended to last until 31 March 2023. The Fund is intended to help households in need to meet the escalating costs of essentials; food, energy bills, water bills and so on. In an emergency, help with housing costs may also be available. Even if you are not eligible for other government support (like Cost of Living Payments and the energy support scheme) you can still apply for money from this Household Support Fund.
Private renters are very much less likely than council or housing association tenants to turn to the council for help. But the council is there to serve all local residents. And some London councils have also established additional, local funding pots to help us all survive the cost of living crisis. These have different names in different boroughs but if you enquire about the Household Support Fund, you can also ask if there is any other money available.
If you’re struggling this Winter, please contact your local council to find out how they can help you?