Government action to end letting fees

A new government bill to ban letting fees across England is set to save tenants millions of pounds and make the market fairer and more transparent.

Published 2 May 2018

From:

Ministry of Housing, Communities & Local Government and The Rt Hon James Brokenshire MP

Unexpected letting fees and high deposits can cause a significant affordability problem for tenants and are often not clearly explained – leaving many residents unaware of the true costs of renting a property.

Introduced into Parliament today (2 May 2018), the Tenant Fees Bill will bring an end to costly letting fees and save tenants around £240 million a year, according to government figures.

The Bill will also give tenants greater assurances that the deposit they pay at the start of the tenancy cannot exceed 6 weeks' rent.

Housing Secretary Rt Hon James Brokenshire MP said:

This government is determined to build a housing market fit for the future. Tenants across the country should not be stung by unexpected costs.

That's why we're delivering our promise to ban letting fees, alongside other measures to make renting fairer and more transparent.

The Tenant Fees Bill will stop letting agents from exploiting their position as intermediaries between landlords and tenants and prevent unfair practices such as double charging for the same services.

It will also help to increase competition between agents and landlords, which could help drive lower costs overall and a higher quality of service for tenants.

Other key measures in the Bill, which reflects feedback from a recent public consultation and pre-legislative scrutiny from the Housing, Communities and Local Government Select Committee, include:

• capping holding deposits at no more than one week's rent. The Bill also sets out the proposed requirements on landlords and agents to return a holding deposit to a tenant
• capping the amount that can be charged for a change to tenancy at £50 unless the landlord demonstrates that greater costs were incurred
• creating a financial penalty with a fine of £5,000 for an initial breach of the ban with a criminal offence where a person has been fined or convicted of the same offence within the last 5 years. Financial penalties of up to £30,000 can be issued as an alternative to prosecution
• requiring Trading Standards to enforce the ban and to make provision for tenants to be able to recover unlawfully charged fees via the First-tier Tribunal
• prevents landlords from recovering possession of their property via the section 21 Housing Act 1988 procedure until they have repaid any unlawfully charged fees
• enabling the appointment of a lead enforcement authority in the lettings sector
• amending the Consumer Rights Act 2015 to specify that the letting agent transparency requirements should apply to property portals such as Rightmove and Zoopla
• local authorities will be able to retain the money raised through financial penalties with this money reserved for future local housing enforcement

Alongside rent and deposits, agents and landlords will only be permitted to charge tenants fees associated with:

• a change or early termination of a tenancy when requested by the tenant
• utilities, communication services, and Council Tax
• payments arising from a default by the tenant such as replacing a lost key

The new measures are subject to Parliamentary timetables and will be introduced in law next year.

The Tenant Fees Bill builds on government's work this year to protect tenants and landlords through the introduction of new rogue landlord database, banning orders for rogue landlords and property agents as well as a new code of practice to regulate the letting and managing agents sector.

Further information

All proposals relate to England only. The ban on letting fees will apply to assured shorthold tenancies and licenses to occupy in the private rented sector.

A ban on letting fees was announced at Autumn Statement 2016, it was also a commitment in the 2017 Conservative Manifesto.

The Tenant Fees Bill reflects feedback from the recent public consultation, which ran from April to June 2017 and received over 4,700 responses. 58% of respondents (93% of tenants) agreed with government's proposed approach to banning letting fees to tenants with the exception of a holding deposit, refundable tenancy deposit and tenant default fees.

A draft Tenant Fees Bill was published by the government on 1 November 2017 and underwent pre-legislative scrutiny by the Housing, Communities and Local Government Select Committee who published their report on 29 March 2018.

The Committee agreed that the Bill has the potential to save tenants in the private rented sector hundreds of pounds as well as making the market more transparent. The government has carefully considered the Select Committee's report and accepted the majority of their recommendations. Read the government response to the Select Committee report.

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Booming Bitterns heard on the Isle of Wight for first time ever

LISTEN: Booming Bitterns heard on the Isle of Wight for the first time ever

The warden of RSPB Brading Marshes says that hearing a booming bittern on a wetland reserve is "like receiving a Michelin star as a restaurant".

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Britain's loudest bird, the bittern, had never been heard booming on the Isle of Wight before this spring, when its distinctive mating call was heard a RSPB Brading Marshes.

As the volume grew so did the excitement, as the presence of one of the UK's rarest birds is both an indicator that the species is continuing to recover and that RSPB's recently restored wetland is flourishing. For conservationists, attracting breeding bitterns is widely considered one of the best indicators of successful wetland management.

Highly secretive wetland birds 
Bitterns are highly secretive wetland birds and live most of their time within dense stands of reed, making them very difficult to survey. However, scientists count bitterns by listening for the male's foghorn-like booming call, an indicator that a male is searching for a mate.

The UK bittern population had fallen to just 11 booming males in 1997, but thanks to intensive conservation efforts the population is now recovering. However, there are still less than 200 bitterns at fewer than 75 UK sites, making the discovery of male trying to breed on the Isle of Wight even more remarkable as the population grows.

Other new arrivals
Expert habitat management at RSPB Brading Marshes reserve has already seen three new wetland species; marsh harrier, little egret and great crested grebe, successfully breed on the Isle of Wight.

The RSPB hopes that this booming bittern's mating call will be successful in attracting a female, and that they too will successfully breed on the reserve; becoming yet another first for the island.

Hearing a booming bittern on a wetland reserve is like receiving a Michelin star 
Keith Ballard, warden of RSPB Brading Marshes said;

"Hearing a booming bittern on a wetland reserve is like receiving a Michelin star as a restaurant; it's one of the highest marks of success we could hope for. Bitterns have very selective habitat needs, and to attract them you need a truly thriving ecosystem.

"The work we have done to manage the reserve for insects, fish, reptiles and mammals, as well as birds, now means we have one of the most UK's most sensitive species choosing the Isle of Wight as its home."

Staff at the reserve will be monitoring the bird over the coming week.

Hear a booming Bittern
If you're wondering what they sound like, listen out on this short video for the booming

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Luke Gaskin shared this great news from RSPB Brading Marshes. Ed

Image: cuatrok77 under CC BY 2.0

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Tuesday, 15th May, 2018 9:50am

By Luke Gaskin

ShortURL: http://wig.ht/2kNs

Watch out for Brown-tail moth caterpillars

Watch out for Brown-tail moth caterpillars

Following sightings of the Brown-tail moth caterpillars in Venntor, the council have treated public sites such as the paddling pool in Ventnor to remove the creatures, whose hairs can break off as barbs, causing skin irritation.

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The council share this latest news. Ed

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Sightings of Brown-tail moth caterpillars at Ventnor have been reported to the council.

Following the reports, the council has treated public sites such as the paddling pool in Ventnor to remove the creatures, whose hairs can break off as barbs, causing skin irritation and breathing difficulties.

Managing the annual influx 
Lee Matthews, recreation and public spaces manager at Isle of Wight Council, said,

"We are liaising with Ventnor Town Council to manage the annual influx of this particular young insect. I would remind the public that the hairs on brown-tail moth caterpillars can cause skin and eye irritation, particularly in children, so it is important to avoid handling them.

"If you are unfortunate enough to be affected, you can expect a rash together with irritation similar to a severe nettle rash. Because the hairs can become airborne some people may experience symptoms affecting their eyes and breathing similar to hay fever."

Normally this will give a few hours of localised discomfort. Washing the affected area with water and the application of calamine lotion on the skin may ease the itching. The hairs may also worsen symptoms of asthma for some people.

You should seek medical advice from your pharmacist or GP if symptoms do not settle down within a few hours.

Spring activity
The caterpillars become active in the spring. During March, caterpillars can be found in their winter tents. By April the caterpillars begin to emerge en masse from their tents and start to feed.

They gradually move further away from their winter tents during May until they become solitary. The creatures spin a cocoon and pupate, with adult moths emerging in July/August, ready to mate.

Females lay eggs near the tip of shrub branches and then they spin a tent at the end of the shoots in readiness for winter.

FACT FILE
Although the caterpillars prefer hawthorn and blackberry, they will eat leaves from any type of bush.

The creatures are between 7mm and 38mm in length (depending on age), dark brown in colour with a distinctive white line down each side; with the whole body covered in tufts of brown hairs and two distinct orange/red dots are noticeable on the caterpillars back towards the tail.

The insects have spiked and barbed hairs, which can penetrate skin, causing an irritant reaction.

Image: Chris Cooper under CC BY 2.0

Mental Health services take to Facebook to help Islanders

Mental Health services take to Facebook to help Islanders

The associate medical director of mental health on the Isle of Wight says that although this isn't a platform for seeking professional advice on any personal or family mental health needs, it is a great way to build a community that can help each other.

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The Isle of Wight NHS mental health services has launched a Facebook page to share information about its services, signpost and offer self-help tips to the Island community.

Of the Island's 144,720 population, around 16,220 people live with depression, 7,589 people deal with anxiety and 5,735 people struggle with both.

Mental Health Awareness Week
The Facebook group launch coincides with Mental Health Awareness Week, which runs from May 14 to May 20 and this year's theme focuses on stress and stress management.

Lesley Stevens, associate medical director of mental health for the Isle of Wight NHS Trust, said:

"We all access social media more and more, it's readily available on our phones and an easier way to provide and seek information on services provided.

"Although this isn't a platform for seeking professional advice on any personal or family mental health needs, it is a great way to build a community that can help each other to signpost, share experiences and help reduce the stigma attached to mental health."

Working together
The IOW NHS Trust, IOW Clinical Commissioning Group and IOW Council working together to improve mental health care on the Island.

Even though Mental Health Awareness Week is almost over, we're keen to make sure the conversation continues and one of the ways is through the Facebook group – follow us @IWNHSMentalHealth.

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Article by Priya Mistry on behalf of the Portsmouth, Fareham and Gosport, South Eastern Hampshire, and Isle of Wight Clinical Commissioning Groups

Thursday, 17th May, 2018 2:49pm

By Priya Mistry

ShortURL: http://wig.ht/2kPz

Drowning Doesn't Look Like Drowning

Drowning Doesn't Look Like 

Drowning

MARIO VITTONE

APR 26, 2018

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iStock Photo/bingokid

One of the first things I ever wrote for publication was a short article about drowning recognition for a Coast Guard magazine. A few years later, I adapted the piece for recreational boaters. I tried my best to get it published, but no one wanted it. Reader's Digest said it was "too dark," and everyone else (including Soundings magazine) simply ignored the submission.

Thanks to a friend of mine who had a blog, my piece on drowning was first posted eight years ago to the day in 2010. It went viral and crashed his website. Since then, it's been translated into 15 languages, was published in the Washington Post, and Reader's Digest eventually requested to buy the rights. After years of saying yes to requests to republish, repost and translate (there have been hundreds), I released the piece to the public domain. But I never got the article into a major boating magazine as I intended. Well, this is my blog, so I like my chances this time.

Summer is coming, folks, and I think the short article below is the most valuable thing I've put together, ever. I wanted to make sure followers of this blog have read it.

Drowning Doesn't Look Like Drowning

The new captain jumped from the deck, fully dressed, and sprinted through the water. A former lifeguard, he kept his eyes on his victim and headed straight for a couple who were swimming between their anchored sportfish and the beach. "I think he thinks you're drowning," the husband said to his wife. They had been splashing each other, and she had screamed, but now they were just standing neck-deep on a sandbar. "We're fine, what is he doing?" she asked, a little annoyed. "We're fine!" the husband yelled, waving him off, but his captain kept swimming hard toward him. "Move!" he barked as he sprinted between the stunned owners. Directly behind them, not 10 feet away, their nine-year-old daughter was drowning. Safely above the surface in the arms of the captain, she burst into tears and screamed, "Daddy!"

How did this captain know — from 50 feet away — what the father couldn't recognize from just 10? Drowning is not the violent, splashing call for help that most people expect. The captain was trained to recognize drowning by experts and years of experience. The father, on the other hand, learned what drowning looks like by watching television.

If you spend time on or near the water (hint: that's all of us), then you should make sure that you and your crew know what to look for when people enter the water. Until she cried a tearful, "Daddy," the owner's daughter hadn't made a sound. As a former Coast Guard rescue swimmer, I wasn't surprised at all by this story. Drowning is almost always a deceptively quiet event. The waving, splashing and yelling that dramatic conditioning (television) prepares us to look for is rarely seen in real life.

Except in rare circumstances, drowning people are physiologically unable to call out for help. The respiratory system was designed for breathing. Speech is a secondary or overlaid function. Breathing must be fulfilled before speech occurs.

The Instinctive Drowning Response, so named by Francesco A. Pia, Ph.D., is what people do to avoid actual or perceived suffocation in the water. And it does not look like most people expect it to. When someone is drowning there is very little splashing, and no waving or yelling or calling for help of any kind. To get an idea of just how quiet and undramatic drowning can be, consider this: It is the number two cause of accidental death in children age 15 and under (just behind vehicle accidents). Of the approximately 750 children who will drown next year, about 375 of them will do so within 25 yards of a parent or other adult. In 10 percent of those drownings, the adult will actually watch them do it, having no idea it is happening.

Drowning does not look like drowning. Dr. Pia, in an article he wrote for the Coast Guard's On Scene magazine, described the instinctive drowning response like this:

Mario Vittone

Drowning people's mouths alternately sink below and reappear above the surface of the water. The mouths of drowning people are not above the surface of the water long enough for them to exhale, inhale or call out for help. When the drowning people's mouths are above the surface, they exhale and inhale quickly as their mouths start to sink below the surface of the water.
Drowning people cannot wave for help. Nature instinctively forces them to extend their arms laterally and press down on the water's surface. Pressing down on the surface of the water permits drowning people to leverage their bodies so they can lift their mouths out of the water to breathe.

Throughout the Instinctive Drowning Response, drowning people cannot voluntarily control their arm movements. Physiologically, drowning people who are struggling on the surface of the water cannot stop drowning and perform voluntary movements such as waving for help, moving toward a rescuer or reaching out for a piece of rescue equipment.
From beginning to end of the Instinctive Drowning Response, people's bodies remain upright in the water, with no evidence of a supporting kick. Unless rescued by a trained lifeguard, these drowning people can only struggle on the surface of the water from 20 to 60 seconds before submersion occurs. (Source: On Scene magazine: Fall 2006 page 14)
This doesn't mean that a person who is yelling for help and thrashing isn't in real trouble — they are experiencing aquatic distress. Not always present before the instinctive drowning response, aquatic distress doesn't last long, but unlike true drowning, these victims can still assist in their own rescue. They can grab lifelines, reach for throw rings, etc.


Look for these other signs of drowning when persons are in the water:

• Head low in the water, mouth at water level
• Head tilted back with mouth open
• Eyes glassy and empty, unable to focus
• Eyes closed
• Hair over forehead or eyes
• Not using legs
• Hyperventilating or gasping
• Trying to swim in a particular direction but not making headway
• Trying to roll over onto the back
• Appears to be climbing an invisible ladder

So, if a crewmember falls overboard and everything looks okay, don't be too sure. Sometimes the most common indication that someone is drowning is that they don't look as if they're drowning. They may just look as if they are treading water and looking up at the deck. One way to be sure? Ask them, "Are you alright?" If they can answer at all, they probably are. If they return a blank stare, you may have less than 30 seconds to get to them. And parents — children playing in the water make noise. When they get quiet, you need to get to them and find out why.