Aug
23

Newham Local Authority launch Agent rating scheme

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Newham council are the first Council to take the step to rate lettings agents using a star marking scheme from 0 (cause for concern) – 5 (no concern) the list will then be published on their website.

Newham Council have decided to launch this scheme to protect tenants and landlords from rogue agents as they will be able to gauge their reputation by the star system and be able to see others past experiences of the agent for example deposit disputes, high fees and complaints response’s.

The agents are rated on their performance such as complying with sector legislation, best practice and best service to landlords and tenant.

In 2015 Newham’s Fair Lettings Project started to audit local agents and from this they have been able to issue the agents ratings, if agents are not happy with the ratings they have the right to appeal within 21 days.

Contact Sherrelle for offline Universal Credit advice



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Aug
23

Advice on financing deposit on new house

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My partner and I are looking at moving house. Currently we own two flats which we rent out as well as the property we live in and what we would like to do is to keep hold of our current property and rent that out.

We would need around £70k deposit for our new house, I was wondering what would be the best way to fund this whilst retaining our current residence. Would we be able to get a further advance on our residential mortgage? Are there any other options for financing available to us? I would be open to selling one or both of the flats in order to keep hold of our current residential property.

Also, what would be the Stamp duty implications of purchasing the new house? Obviously we would be living in it and it would be our main residence, so would the 3% stamp duty rate for additional properties be applied on the new purchase, or could it be retrospectively be applied to our current residence as that in effect will be the second property? The house is in both of our names at present, both of the rental properties are solely in my name.

Any advice welcome, thanks in advance.

Dave

Home
Purchase Price: £150k
Approx current value: £210k – £220k
Outstanding mortgage amount: £98k

Rental property 1
Purchase Price: £80k
Approx current value: £100k
Outstanding mortgage amount: £60k
Further Advance:£17k

Rental Property 2
Purchase Price: £92k
Approx current value: £100k
Outstanding mortgage amount: £75k

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Aug
23

Sheffield 2017 BTL recap and what it means for 2018

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It’s been tough times for Sheffield’s Buy-To-Let landlords. As a student letting agent in Sheffield, we’re at the eye of the storm! Let’s take a look at the last year of activity and take you through the new legislation, and what it means for the future. According to Zoopla, last year the average price for a property in Sheffield was £180,927, whilst that average rose to £189,277 for August 2017, demonstrating modest growth of 0.19% on the year before. According to Rightmove’s Rental Trends Tracker for Yorks. & Humber, asking rent saw an annual change of 1.3% and a quarterly change of 2.2%, suggesting things picked up in the first two quarters of 2017. Indeed, this somewhat reflects the wider picture of the national average of asking rent (outside of London) with an annual change of 1.9% and a quarterly change of 2.8%, in line with the 2.7% average of the last five years. In all, asking rents hold up despite a 7% increase in available properties.

STAMP DUTY LAND TAX (SDLT) (1ST APRIL 2016)

A mainstay of David Cameron’s crusade for home ownership, SDLT sought to limit the rise of house prices to halt the falling numbers of homeowners nationally. So far there have been 60,000 transactions of these additional properties, accounting for £1.8bn in stamp duty. £1bn alone was raised by the additional 3% tax. Having said that, these figures take into account property owners buying before selling. In which case, and since the change in law, HMRC have refunded 10,700 homeowners to the tune of £126m

Band  residential SDLT rates (pre 1 April 2016) New second home SDLT rates (Buy to Let)
£0* – £125k 0% 3%
£125k – £250k 2% 5%
£250k – £925k 5% 8%
£925k – £1.5m 10% 13%
£1.5m+ 12% 15%

*Transactions under £40,000 do not require a tax return and are exempt from the higher rates.

For instance and as a rough guide, adding a three bed semi-detached terraced house in Walkley to your portfolio might set you back £200,000. With the old rules, you would pay £1,500 in stamp duties on this asking price (2% of the remaining taxable £75,000). With the new rules, you would pay 3% on the first £125,000 (£3,750), and 5% on the remaining £75,000 (£3,750). In all, you would pay £7,500 (£3,750 + £3,750) in stamp duty; an increase of £6,000.

NEW BUY-TO-LET MORTGAGE LENDING REGULATION (1ST JANUARY 2017 AND 30TH SEPTEMBER 2017)

The Bank of England’s Prudential Regulation Authority (PRA) sought to tighten up on lending this year by calling for new affordability tests earlier as well as mortgage stress tests at 5.5%. The end of September also marks the implementation of regulatory burdens on portfolio landlords; that is, lenders will now have to take into account income and mortgage details on all properties before refinancing landlords with four or more properties. These restrictions underline the concern held by the Bank of England and the governmental watchdog, the Financial Policy Committee, that Buy-To-Let investors are more likely to cut losses and sell than homeowners in the event of market changes. Thus, the logic here is to avoid a property dump and price drop. Remember 1988?

SCRAPPING BTL MORTGAGE INTEREST RATE RELIEF (6TH APRIL 2017)

The 6th of April this year marked the third instalment of the pronged attack on landlords by scrapping tax relief on mortgage interest payments. The plan is to phase out mortgage interest tax relief altogether to a 20% tax credit by 2020. The reality faced by many of Sheffield’s Buy-To-Let landlords means lower net profits.

Tax will now be due on turnover as opposed to profits. This means that if mortgage rates rise, and rents do not rise proportionally, landlords will be out of pocket. At particular risk of seeing their returns wiped out are higher-rate taxpayer landlords whose mortgage interest makes up 75% or more of their rental income.

WHAT DOES IT ALL MEAN FOR THE FUTURE?

By scrapping tax relief, higher rate taxpayers will be badly hit, particularly if they have high levels of mortgage debt and a large portfolio. Some basic-rate taxpayers could see themselves pushed into the next tax bracket. The added cost and the thinning margins of profit may mean Sheffield’s landlords will be forced to up rent, particularly as housing supply is stifled and demand remains high. The fallout of which could effectively see students migrate to cheaper student accommodation in greater force, practically vacating certain areas.

The new stamp duty hike will also make Buy-To-Let investors think twice before purchasing. Having said that, commercial ‘mixed use’ investments valued under £150,000 are exempt from stamp duty. Similarly, limited companies, such as HMO property management companies, are exempt from the new mortgage interest tax rules. Sheffield landlords looking to explore the option of setting themselves up as a limited company should be aware of the drawbacks and seek professional advice.  Limited companies elicit higher interest rates, different tax restrictions and any transfer of properties are liable to a capital gains tax.

Despite a rather cloudy year for Buy-To-Let, we can draw some silver linings. Firstly, and perhaps an oversight by the government, first-time buyers will also be affected by the new lending restrictions and so will be more reluctant. This all points to the continued strength of the rental demand. Despite rental prices levelling out in the capital, Sheffield rental yields continue strongly at 9.73%, coming 10th in best Buy-To-Let location (specifically S2).

In any case, whilst the regulation around them has increased, the mortgage rates themselves have dropped, whilst the number of Buy-To-Let mortgages has risen by 15% between January and August. That’s all good providing the Bank of England’s base interest rate remains at 0.25%; the lowest in its history. Governor Mark Carney (unhelpfully) suggested the rate could move in either direction, but experts suggest it is unlikely to be lower. It remains uncertain, but even small marginal increases to the base rate could have devastating effects on the finances of Sheffield’s homeowners and landlords alike.

Smart property are a student and professional property management and investment company in Sheffield, Leicester, Nottingham Manchester and Salford.

As well as their property management services, they offer a long term rent guarantee programme that Property 118 founder Mark Alexander found ‘so impressive’ he decided to invest in the company himself.

Andy welcomes private landlords, developers and investors to talk to him and his team about property management, guaranteed rent, investment opportunities and block management contracts.

Contact Andy Graham

Andy is the Managing Director of Smart Property




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Aug
23

Data protection law and request from Council

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Should I be concerned about giving out names of Tenants?

I have an HMO and the local council has asked for the names of my tenants for non single band council tax.

As the Landlord am I at liberty to give out my tenants’ names without breaking the data protection act?

Many thanks

Peter

Editors Notes

Please see Information Commissioners Office guidance on Data Protection for Landlords below:

https://ico.org.uk/for-the-public/housing/landlords

The Data Protection Act 1998 will not prevent a landlord from releasing personal information where they have a legal obligation to do so. For example, under the Landlord and Tenant Acts landlords may have to provide an unedited copy of the service charge account to a tenant if he or she asks for it. If so, the landlord will have to comply with the request even if it means revealing information about other tenants.

Can a landlord pass the names of new tenants to the utility companies?

Yes. A landlord has a legitimate interest in making sure that utility charges are directed to those responsible. However, landlords should tell individuals when they first agree to the tenancy that their details will be passed on.

Can landlords see references which were provided to the letting agents?

The agent can pass this information to the landlord, as long as, when the reference is asked for, they make clear to the tenant and the referee that this will happen.

Can landlords put up a list of tenants who are in arrears?

No. Information about an individual’s debts should only be given out in limited circumstances. It is only justifiable to tell tenants if someone has not paid their rent if this has a direct effect on them, for example, if they become legally responsible to help meet any shortfall in shared maintenance charges.

Can landlords disclose details of a tenant who left without paying the rent?

Where a tenant leaves without paying the rent, and without making any arrangement to pay, landlords may provide their details to a tracing agent or debt collection company to help them recover money owed to them. However, it would be good practice to make tenants aware when they sign the tenancy agreement that in such circumstances this will happen. This may also help tenants think twice about not paying rent.

Can a landlord pass forwarding addresses of former tenants to the utility companies?

Yes. Sometimes a landlord will become aware that a tenant has moved leaving behind an unpaid utility bill or an account in credit. In addition a utility provider may need to contact a former tenant regarding continuing social support. In these circumstances landlords can pass a forwarding address (where known) to the utility companies as the Act is not intended to be an obstacle to disclosure in these situations. However, landlords must make tenants aware of these possible disclosures at the start of the tenancy.

When can a landlord give out information?

In general, landlords should make clear to tenants when they sign the tenancy when and how their information will be given out. However, if an emergency repair needs to be carried out, it would not breach the Act to go ahead and provide tenants’ contact details to the repairers. On the other hand, if a domestic contractor is looking for work the tenants should be left to contact the contractor rather than the landlord giving out the tenants’ details without their knowledge or agreement.

Can a landlord use CCTV in communal areas?

Yes, usually they will need to make you aware of this and explain why they have installed the cameras.

 

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Aug
23

Buy to Let Equity release from Retirement Advantage launched

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Retirement Advantage have launched their first Equity release products for landlords to gain access to their capital tied up in rental property for their retirement.

Retirement Advantage head of marketing, Alice Watson, said ” based on available data, we estimate there could be over £250 billion locked up in Buy to Let properties that landlords over 55 could access via equity release.

“Recent changes to tax rules have affected Buy to Let owners. The phasing out of mortgage interest tax relief began in April 2017, with the amount of relief available to landlords gradually being reduced over the next few years. That said, there remains a sizeable cohort of people in the UK who own Buy to Let properties.”

“The tax treatment of extra properties is changing and that explains in part why new buy-to-let purchases have fallen somewhat in recent months, but a boost for Buy to Let could be coming in the form of equity release.

“We have launched the first set of products which allow owners of Buy to Let properties to release equity from those homes they let out. Property remains an attractive asset class overall and with the ability to unlock wealth from multiple properties now available, equity release could be just the boost the buy-to-let market needs.”

Basic Criteria for products:

  • Min loan amount £10,000
  • Max loan amount £750,000
  • Min age 55
  • Max age 90
  • Min property value £70,000
  • Max prop value £6 million
  • Available in England, Scotland and Wales
  • Not for purchases
  • Multiple property loans allowed

There are three products available:

Landlords Lifestyle Options – A one-off lump sum with no payments due. Interest is added to the loan monthly for the life of the loan. Annualised interest rate 6.24%

Landlord Interest Select Options – ability to choose to service some or all of the interest. The payment amount can be between 50% and 100% and the payment term can be from 5 years to the full term of the loan. Annualised interest rate 6.44%

Landlord Voluntary Select Options – ability to repay up to 10% of the original loan amount each year without early repayment charges. Annualised interest rate 6.64%

However, HMOs are not permitted, the property can only be let as a single family dwelling and none of the following tenant types are allowed:

  • Housing Association
  • Companies
  • Students
  • Council
  • DSS
  • Family and related persons

Maximum Loan to Values available increase by 1% for every year above the age of 55 starting at 9%

Eg. Aged 55 max LTV = 9%, 60 = 14%, 65 = 19%, 70 = 24%, 75 = 29% and 80 to 90 years old the max LTV is 34%

Early repayment charges are fixed and applicable for the first 8 years product dependent.

For more information and advice from our fully qualified team please complete the contact form below and we will be happy to help.

Contact Property118 for assistance




  • Please give us a few details so we can investigate and call you back

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Aug
23

More than 4 tenants on a tenancy agreement?

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Tenant Agreement:

The Law of Property Act 1925 talks about having a maximum of 4 tenants on an agreement. So what to do when you have 5, 6 or more tenants sharing a house?

There is a common misunderstanding of the rules here. Landlords and agents sometimes think or have heard that that the provisions in Section 34 (2) Law of Property Act 1925 – the four person rule – means that you can’t have an agreement with more than 4 people on it. That’s not true.

This article applies primarily to English law. Although tenancy laws are similar in other jurisdictions, there may be significant differences. Always seek professional advice before making or not making important decisions.

The 4 person rule only relates to the legal ownership of the property – the legal interest – in the property which a tenancy confers. The Act provides that for more than 4 tenants listed on the agreement, the first 4 will hold the property “on trust” for any number of remaining tenants. So, tenants 1 to 4 own the legal title to the property, and therefore will hold the beneficial interest on trust for tenants 5 and 6 or more.

Trusts operate in the same way; where a family trust is set up for children, the trustees will be the owners of the property, and perhaps also the investments they control for the beneficiaries – the children.

The 1925 Act says

“Where, after the commencement of this Act, land is expressed to be conveyed to any persons in undivided shares and those persons are of full age, the conveyance shall (notwithstanding anything to the contrary in this Act) operate as if the land had been expressed to be conveyed to the grantees, or, if there are more than four grantees, to the four first named in the conveyance, as joint tenants [F1in trust for the persons interested in the land]”

Ownership of land, whether freehold or leasehold, has two parts in English law – legal ownership and beneficial ownership. The legal owner can be a different person from the beneficial owner. A tenant with a beneficial interest has a right to enjoy and use the property, benefiting from its possession. Therefore, with more than 4 tenants on the agreement, tenants 5 and 6 and more have as much right to enjoy the property as the primary (1 to 4) tenants.

Tenants 1 to 4 will hold the legal ownership of the tenancy on trust for themselves and tenants 5 and 6. This will be automatic, so no need to set it out in the tenancy agreement in any special way when listing all the tenants.

As with any tenancy agreement it is very important that all the tenants are named clearly on the agreement (named in full) and sign the agreement after reading it to show that they have all agree to comply fully with their contractual obligations, as set out in the agreement – they all have contractual liability.

Joint tenancy agreements provide for all tenants (including the beneficial owners listed) being jointly and severally liable for breaches of the agreement, including rent payments. So, if one of the tenants defaults on rent payments, the other tenants – or even just one tenant if the others cannot be traced – can become liable to pay.

You can source your Tenancy Agreements here

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