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Tina, Great Post - When my site is up an running, I would like to invite you to advertise your DEA services on it (you can do it for free too) 

Supporting the workers!

Hi I am a DEA with a GSH honest.
I am hoping you landlords will think of EPCs as a good thing to help market your property.
Prospective tenants can easily see from the bar chart on the LHS that your property is draft proof, has a modern heating system and is cheap to run
of course the tenant would choose a property that cost them less in bills.
Some may want to be environmentally friendly Graph on th RHS and want something without open coal fires and electric single phase heating systems.
Please think of it as a useful thing to advise you on benificial upgrades and their payback time.

I know its daft doing new properties it gets me mad too when all that comes up is add 100% low energy light bulbs and solar panel but it offers help to owners of older properties
I don't know so don't quote me but perhaps you could get assistance with a grant to improve your old drafty property ask Energy Trust or the local council. Maybe tax rebates? I don't know I heard one land lord mention it.

Hi everyone
I am a Domestic Energy Assessor and I've just stumbled across your forum as I got bored typing in letting Agents and Estate Agents to phone and ask if they need my services. 
Pleased to read your message about EPCs
News article on TV the other night on Polar Bear's habitats disappearing and the very real effect of global warming we can all help in this small way. 
Yes its an pain extra expense when selling your home or renting it out (possibly because you are skint) but its the best time to catch people ready to open their doors to change and home improvements.
You can all save yourselves a fortune by not going to the Estate Agents on the high streets and letting agents and shopping around for independant local DEAs or HIP providers if you are selling.
All DEAs are supposed to have an accreditation number and belong to 1 of 5 or 6 governing bodies. I belong to Elmhurst
It costs me £138 per year membership I get QA regularly and have to prove I have updated my skills and knowledge.
Through these accreditation bodies we get Personal indemnity insurance and public liability insurance. 
As do reputable HIP providers signed up to the HIPs code of practice. .

Some / most estate agents want me to work for £40 no VAT for any sized house! and any area  .
then mark this up to you the customer to £80 / £88 + VAT why pay this extra expense for nothing , they sit on their bottoms while I go out to the property and spend time writing up the report at night + pay £6 to put every EPC on Landmark for the customers.
 HIPs are the same . Freehold is cheaper to produce at about £66 cost, you can look for reputable companies on the internet that will produce an insurance backed HIP for £135+ VAT but Estate Agents ask £350 +VAT for the same thing.
Local DEAs desperate to work will often strike a deal with you to do jobs cheaper if you have a few properties in a block or near each other just ask.
Its the Agents and greedy middle men that give our industry a bad name.
I have to pay £35 +VAT per month to be a member of a national panel of DEAs . Who else has to pay to work?
Ask for word of mouth recommendations or contact me I have done 265 EPC this last year and work for 3 solicitors, 2 sensible /fair letting agents and independant clients that contact me I have applied to be on the Cheshire councils fair trade list for Age concern.

If a carpet has been damaged by a tenant - or in this case a tenant's pet which had been kept in the house without permission - can the landlord claim the entire replacement cost from the tenant?  If not, and the landlord has to pay a percentage of the replacement cost but does not wish to incur that expense at this time, can he retain the tenant's proportion of the replacement cost until he is in a financial position to proceed with replacement?

Hi Angela,

Just came across this message from the TDS website...

Latest news
9th September 2008
Will TDS deal with disputes over non-ASTs?


We continue to offer a dispute resolution service for all your tenancies. Whilst it is correct that the Housing Act 2004 prescribes only that deposits taken on ASTs must be protected by an approved scheme such as ours, we are happy to deal with deposit disputes arising out of non-AST tenancies as we have done under TDSRA. (Frequently Asked Questions, paragraph 4.1)

Where you want to include non AST tenancies within the scheme for the purpose of making use of the ADR service where necessary, please do not register these deposits on the TDS database, which is currently only for the registration of deposits for ASTs. (TDS D Operational procedures and advice for members, section 23)

We are looking to refine the database so that it will be able to identify non-ASTs. It would then be possible to register them without distorting the statistics. However, it is not as simple as it sounds and would require those doing mass uploads of tenancy data to modify their own systems. We will not therefore be able to introduce this until the next release of the database at the end of year.

interesting?

Thank you for your reply.  Do you know if the 7 year repair rule applies to new properties of under 7 years old, or simply for a period of under 7 years on older properties?  I have checked the Landlord and Tenant Act but cannot seem to see any reference to 7 years contained in the Act.  Any guidance would be greatly appreciated.

Thank you very much for your help.

Kind regards

Angela

Hi Angela,

In simple terms:  There are two main types of agreements that you can use to create an agreement between a Landlord and a Tenant and they are License Agreements (Common Law) and Tenancy Agreements (or otherwise known as Lease Agreements)

1.   TENANCY AGREEMENT
An Assured Shorthold Tenancy Agreement should be used if the following three circumstances are met:

1.   The agreement grants the exclusive possession of the property to the tenant.
2.   A rent is charged during the agreement – this does not only have to be money!
3.   The agreement is over a stated period of time which is normally a fixed term i.e. weekly, monthly, quarterly etc.  The Tenancy Agreement usually is no less than six months and no longer than three years.

A tenancy created after 28th February 1997 became automatic AST’s

2.   LICENSE AGREEMENT - These are NON HOUSING ACT TENANCIES and are bound by contract law i.e. an agreement between two people and are recognised in Court

If a property owner allows someone to live at their property (such as a lodger) and does not grant exclusive possession, the lodger will occupy the property under a License Agreement. 

The tenant may still be required to pay rent and for a specified period of time but would not have the right to exclude others such as the owner from the property.

OTHER EXAMPLES OF WHEN TO USE A LICENCE AGREEMENT?

• The rent is more that ₤25,000 per year (₤2083 per month)
• A lodger renting a spare room in your house
• An employee of a Company who has taken out the tenancy – known as a Company Let
• An au pair staying with you in the property
• A spouse or partner living in your property with you
• Someone who has the owner’s permission to stay at the property
• The property is not the main residence of the Tenant such as a weekend home
• The property is used for holiday lets

I have spoken to the Deposit Protection Service on your behalf to make sure that the info is correct, they have confirmed that for a Common Law agreement, the Deposit cannot be registered with them as the agreement falls outside Housing Act 1996 rules.

You may wish to contact the other 2 schemes yourself... www.thedisputeservice.co.uk and www.mydeposits.co.uk.

With regards to holding the deposit.  This can be by agreement between the Landlord or the Agent.

Hope this helps.

Can anyone help - I will be renting my house to people I know, leaving it fully furnished. I'm leaving the sofa's. The fire labels are missing (have been torn off & I can't rememebr why or when). As the suite was purchased in 2003, the shop has confirmed verbally that they comply with legislation.
Where do I stand legally if the labels are missing? I can't exactly sew a couple on if I was to get hold of any..?