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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Is a Landlord breaking the law by letting accommodations

Customer Question

Is a Landlord breaking the law by letting accommodations that do not comply with the current UK Building Regulations?
Specifically, the Building Regulations Part E, concerning the level of noise allowed in dwellings offered to tenants.
Henry *********
email; *******@**.**
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Is this to do with the fabric of the building?
Alex
Customer: replied 1 year ago.
Yes. Insufficiently sound insulated external walls.
Expert:  Ash replied 1 year ago.
It's bad news I am afraid. Case law states if it's the fabric then the landlord does not have responsibility to soundproof. Therefore it won't be a breach of building regs.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but case law is clear and I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
What if the Landlord (Housing Association) owns the building.
Customer: replied 1 year ago.
I mean, the HA built and owns the building.
Expert:  Ash replied 1 year ago.
No. It's still the same. i am sorry.
Alex
Customer: replied 1 year ago.
So, what are the Building Regulations for, if one can build a property that do not comply to those regulations and then, let those properties to tenants and profit from it.
Expert:  Ash replied 1 year ago.
For example new builds etc. It does not apply retrospective to fabric of the building.
Or if you have internal work done it must meet building regs, but that does not mean demolition of walls to comply etc.
Does that clarify?
Alex
Customer: replied 1 year ago.
Not really... It is a newly built block of flats so, I understand, the design, materials and any other aspects of the build (like, electrical and noise testing) should comply with building regulations.
Expert:  Ash replied 1 year ago.
At the time of building yes at the time the building regs were in force. If they came in force later it cant be retrospectively imposed.
Does that clarify?
Alex
Customer: replied 1 year ago.
The Building Regulations came into force in 2010. The block of flats was erected in a middle of the 2015 therefore, it should not be any doubts that the building itself should be build according to those regulation.
My understanding is, that the BR are in forced by the UK Law so, if you build something that do not comply with BR therefore, you brake the Law.
Expert:  Ash replied 1 year ago.
That is correct and I would agree; as such a Local Authority can prosecute for breach of the BR's.
Does that clarify?
Alex
Customer: replied 1 year ago.
Yes, it does.
Expert:  Ash replied 1 year ago.
Great. Good luck with this - let me know how you do.
Alex
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Customer: replied 1 year ago.
Thank you.
Expert:  Ash replied 1 year ago.
Thanks again.
Alex
Expert:  Ash replied 1 year ago.
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