Kane Davidson
26 Jul 2022 · Coroner Edward Morgan · Manchester North
The coroner's concerns
1. landlord license registration without prior audit
“The council has resolved to establish and implement a regime of landlord license registration pursuant to, inter alia, section 88 of the Housing Act 2004”
2. lack of obligation to assess child safety risks
“Where an audit of residential property is undertaken, there is no express obligation upon the person conducting the audit or assessment to refer to other risks to which children might be exposed, including, those posed by internal blinds”
3. council aware of blind risk but no documentation reflects it
“This remains the position notwithstanding the fact that the council was on notice of such risk and indeed had issued guidance to those undertaking inspections”
4. misleading licence certificate implying safety compliance
“The form of certificate issued to Landlords does not make sufficiently clear to actual or prospective tenants: (1) that the issue of the certificate cannot and should not be taken as an endorsement of the premises to which the certificate relates; (2) that the premises to which the certificate relates and/or in respect of which the landlord is licensed should not be assumed to be compliant with the relevant safety standards”
5. unclear licence conditions on landlord liability
“The conditions of licence are insufficiently clear in communicating the obligations upon the licence landlord and/or that the landlord remains personally liable for compliance with the licence conditions notwithstanding the use of any intermediary letting agency”