Responsibilities for LHA and HMO's

[hammer1]

Hi there. This is for anyone who deals with LHA. Slightly off topic to the norm.

I know the F&RA cover all HMO's that fall under the the remit of the LHA in regards to fire safety and inspections (The Protocol between HA and F&RA to improve fire safety). However do these same properties fall under the Management of HMO regulations 1996 and the licensing regulations in regards to the duties of the LHA?. This includes annual gas certificate, fixed electrical installation inspections and other hazards that are within the scope of the HHSRS.

Obviously the fire safety issues are covered by the F&RA, but what about the other aspects?? Surely they should be accountable as private landlords, but how can they govern themselves in this respect.

Any feedback on what duties and legal responsibilities they have would be greatly appreciated.

[Midland Retty]

It's a bit complex this one.

Essentially the LHA could take action (but it wont as it will effectively be prosecuting its own employer , which is the local council)

There is a mechanism I believe whereby the tenant can take the council to court for not carrying out their legal responsibilities.

This means the tenant has the hassle and expense of employing a solicitor to bring forward a case. There are, in Birmingham especially, solicitors that deal just in this matter, and Im not sure if the tennant gets some form of legal aid to cover the costs of any case.

I think this comes under "Section 18" of the Man. of HMO Regs, or it may be the housing act (but don't quote me on it)

[Martin]

Gas Safety Legn enforced by HSE has duty on Landlords to undertake annual gas safety inspection and provide copy of cert. etc to tenant.