Landlord Law Workshop – Consumer Law & Landlords

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Consumer Law:

The consumer law rules apply when a ‘supplier’ provides a product or services to a ‘consumer’.

• If you are a letting agent then you are a ‘supplier’ to landlords and tenants.
• If you are a landlord you are a ‘supplier’ to your tenants but will usually be a ‘consumer’ to letting agents.

How does this affect your business?

Consumer law is generally all about fairness and the regulations are generally providing for you to behave (if you are a supplier) in a fair way, and penalising you if you fail to do this.

But

• What is ‘fairness’,
• What obligations does it place on you if you are a supplier, and
• “hat are the penalties imposed on you if you fail to meet the standards?

This is the subject of a special workshop from Easy Law Training and solicitor David Smith which will be taking place in Norwich on 8 December 2017.

Here are some of the things David will be looking at:

• The formal requirements on suppliers regarding the provision of information and  (for letting agents) transparency as regards fees
• The rights and obligations of landlords and agents as regards commission for tenancy renewals
• ‘Fairness’ rules and advertising properties
• The circumstances under which consumers can end contracts – eg agency agreements or tenancies – where the various ‘fairness’ rules have not been complied with
• Property Redress Schemes and
• Codes of Conduct

Many landlords and agents do not consider that the consumer legislation applies to them.  It is true that this legislation is not well known and therefore not well used by consumers.  However, this is changing and it is better to be compliant and safe than non-compliant and vulnerable to the penalties (which can sometimes be severe).

As usual with a David Smith workshop, you will come away with all the information you need to ensure that you are compliant with the law.

Find out more here

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Landlord Law Workshop – Consumer Law & Landlords | LandlordZONE.

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Choke off buy-to-let call from Tory MP

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Landlords targeted:

Neil O’Brien, Conservative MP for Harborough and a former adviser to Theresa May and George Osborne, says: “Choke buy-to-let to help deliver home ownership for young voters” in a recent article for the FT.

The Conservatives are desperately trying to identify policies which would put a stop the party’s dramatic loss of support from younger voters, which will likely include easing the burden of tuition fees and reducing housing costs for the young.

It is thought likely the prime minister will outline new thinking on these issues at the upcoming party conference in October, after opinion polls are suggesting that the Tory’s lead over Labour in June’s general election only exists among voters over the age of 47.

O’Brien argues that children of baby boomers are now missing out on the opportunities their parents had, with their free tuition and affordable housing.

Arguing in the FT that the traditional (Thatcher) Conservative policy of encouraging more home ownership had slipped dramatically and was damaging the party, he says: “over the past 10 years, the proportion of 16-34-year-olds owning their own home fell from roughly half to a third. Baby boomers were 50 per cent more likely to own their own home at age 30 than millennials (born 1981-2000).”

The call for a fresh war on buy-to-let landlords comes as a new report from payment firm WorldFirst puts the UK down 10 places in the European rankings for buy-to-let property returns, with Ireland, Malta and Portugal named as the top three best nations for landlords. The report puts Britain at 25th best place in Europe for private landlords, with average rental yields of 4% and as low as 2% in some parts of London, whereas as Ireland comes in at 7.08%, Malta at 6.64% and Portugal at 6.43%.

Still reeling from George Osborne’s swinging tax increases over the last couple of years, buy-to-let landlords, many of whom are traditionally Conservative supporters, are unlikely to welcome O’Brien’s intervention.

There are an estimated to be around 22.8 million households in England. No one knows the exact number of course, but of these, it is estimated around 14.3 million are owner-occupied, making up 63pc of the market – a figure much to the consternation of some in the Conservative ranks, as home ownership is party policy – down from its peak of 71pc in 2003, but the figure has remained unchanged for the past three years.

The vast majority of the UK’s private rented housing stock is owned by landlords with just a single property – in the main small-scale landlords who invested for their pensions when other forms of investment offered derisory returns.

Despite significant institutional investment in the sector, which is growing, encouraged by government policy and tax breaks for large-scale developers, over 93% of landlords in the UK have a single rental property and together they account for 81% of privately rented stock.

These landlords are unlikely to thank a so called “business friendly” party for scapegoating them for a housing shortage which they would argue is not of their making and which in fact, it may be argued, they have largely helped to alleviate.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Choke off buy-to-let call from Tory MP | LandlordZONE.

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It’s happened again!

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Once again, after I have given 2 months notice to quit to tenants, they have failed to pay the rent due for the last month of their tenancy. These particular tenants won’t enter into a discussion about it and won’t let me into the property to inspect it so that I can write a reference and return their deposit, so I’m guessing the house is a real mess…… aaargh!

Any suggestions as to how to avoid this situation in the future?

Thanks

Tricia

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Landlord hits back at Council after Guardian article

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An article in the Guardian yesterday purporting to expose rogue landlords had the headline “London council finds 35 men living in one three bedroom house”

In the property eight men were found with wall to wall mattresses in one room. Click here to read the full article.

However, the owner, Dr. Sunil Hathi, has threatened to take legal action against Brent council for publicly outing him as a ‘Rogue Landlord’.

Doctor Hathi confirmed that he originally let the property to only three people and was shocked that the property  was being used in this way and was looking to evict the men as soon as possible.

Dr Hathi said: “I have no idea how many people are living at this address, it was originally rented out to three people. This is the first time I have come here in the month they have been living here. We were not aware they were staying here and we are going to evict them.

“Brent council put out a statement to the press saying that it was a ‘Rogue Landlord’ and I resent these comments. They’re highly defamatory and I am speaking with my lawyers.

“I’m not running away from anything, why would I? This house is worth a lot of money. They could have found me in minutes on the land registry.”

The story was uncovered after the council raided the property following complaints from neighbours about overcrowding, anti-social behaviour and fly-tipping.

The Guardian got a quote from Brent Council saying: “Rogue landlords make their money by exploiting people who can least afford it, it’s a shameful practice and this is an especially shocking example.”

However, they failed to find the landlord and only sought a quote from one tenant who was Romanian and could not speak English.

We will have to wait and see what the full facts are in this saga.

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Reinstate claim or start a fresh claim after court fee debacle?

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I was wondering if there are any solicitors on here who could advise me on the following. I have taken a guarantor to court for rent arrears from a previous tenant of mine.

After sending in all the documents I intend to rely on in court along with my witness statement and cheque for £170 for the trial fee that needed to be paid before the 8th Septemeber 2017 I noticed that the cheque had not been cashed by the court.

After calling them up on 8th September I asked them why the cheque had not been cashed and they said they didn’t receive the cheque (it was clearly stapled to my witness statement). I was advised by the court to cancel the cheque with my bank and to pay the court fee over the phone by card.

I phoned my bank and cancelled the cheque then called back the court to make the payment. I was told the bailiffs was using the card machine so they was unable to take the payment. I phoned back a further two times to make the payment to be told that the card machine was still in use. I then called back again a fourth time and the card machine was available this time, but it was past the 2.30pm cut off period to take the payment for the day and I was told to call back in the morning to make the payment.

I explained to the court that I was going away for a week and I needed to make the payment urgently and they told me to send in an email to explain this to the court. So I did just that I sent an email asking for an extension for the payment as I was away for a week and I would make the payment on my return I also explained that I had sent in a cheque and tried to make the payment four times that day.

Anyway cut along story short on my return I called up the court to be told that the claim had been struck out and I have to pay a £255 fee to have it reinstated which am not best pleased about.

The advice I am after is do I have to pay the £255 to have the claim reinstated or could I just start the claim from scratch all over again which only cost me £105 and this time I could add on the interest to the claim which should cover this amount.

So my question please to anyone that could give advice would be: Do I have to pay to reinstate the claim a fee of £255 or could I start a fresh claim which would only cost me £105.

Many thanks

Stephen

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Dr. Ranj Singh supports Gas Safety Week

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Landlord Gas Checks:

The seventh annual Gas Safety Week (18^th – 24^th September) sees organisations across the UK private rented sector (PRS) working together, to raise awareness of the dangers of poorly maintained gas appliances, which can cause gas leaks, fires, explosions and carbon monoxide (CO) poisoning.

Promoted by the Gas Safe Register, the organisation that registers all approved gas engineers, it is appealing to all organisations involved to be part of the campaign and to save lives by spreading the word about gas safety.

Dr. Ranj Singh resident doctor on ITV’s This Morning and presenter, and creator of kids show Get Well, is supporting Gas Safe Register to raise awareness of carbon monoxide (CO) poisoning and its symptoms as a third (32%) of people would not recognise them, misdiagnosing symptoms for other illnesses.

CO poisoning is known as the ‘silent killer’ as it has no smell, taste or colour, and all the symptoms associated with CO poisoning can easily be mistaken for something else as today’s research shows.

CO poisoning is known as the ‘silent killer’ as it has no smell, taste or colour, and all the symptoms associated with CO poisoning can easily be mistaken for something else as today’s research shows.

This Gas Safety Week Dr. Ranj Singh is supporting Gas Safe Register to raise awareness of carbon monoxide (CO) poisoning and its symptoms as a third (32%) of people would not recognise them, misdiagnosing symptoms for other illnesses.

Worryingly, one in 10 (9%) don’t know CO poisoning symptoms at all. These symptoms which include headaches, nausea, breathlessness, collapse, dizziness and loss of consciousness, would be misdiagnosed by many as:

• Concussion (37%)
• Meningitis (36%)
• A panic attack (27%)
• A stroke (22%)
• Flu (19%).

Gas Safe Register is urging people to learn the symptoms of potential CO poisoning, and what action to take if they suspect they or someone in their family may be suffering from it.

Dr Ranj Singh said:

“You can’t see, taste or smell CO, so it’s really important that people become more aware of its poisoning symptoms. As Gas Safe Register’s research has found, many confuse CO poisoning for other illnesses such as flu, but CO poisoning can be fatal so it’s important that we raise awareness this Gas Safety Week so that families can take the right precautions and stay safe.”

Jonathan Samuel, chief executive of Gas Safe Register, said:

“CO can leak from badly fitted or poorly maintained gas appliances. We recommend proactive prevention as the first line of defence against CO poisoning by getting your gas appliances checked every year by a Gas Safe Registered engineer to make sure they’re working safely and efficiently. To provide peace of mind, a CO alarm is a great second line of defence to alert you to a potential leak.”

Gas Safe Register recommends taking the following action if you suspect you might be suffering from CO poisoning:

• Leave the house and get fresh air immediately
• Open doors and windows
• Turn off gas appliances
• Call the Gas Emergency Helpline on 0800 111 999
• See your doctor immediately or go to hospital

If suffering from CO poisoning, most people know to open the windows (68%), leave the house to get fresh air (74%), and contact a Gas Safe Registered engineer to come and inspect to see if there’s a problem (42%).

To find out about landlord gas safety checks visit www.StayGasSafe.co.uk and to find a Gas Safe registered engineer call 0800 408 5500 or visit www.GasSafeRegister.co.uk.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Dr. Ranj Singh supports Gas Safety Week | LandlordZONE.

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The Tax System Explained In Beer

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Suppose that once a week, ten men go out for beer and the bill for all ten comes to £100. If they paid their bill the way we pay our taxes, it would go something like this.

The first four men (the poorest) would pay nothing.
The fifth would pay £1.
The sixth would pay £3.
The seventh would pay £7.
The eighth would pay £12.
The ninth would pay £18
And the tenth man (the richest) would pay £59.

So, that’s what they decided to do. The ten men drank in the bar every week and seemed quite happy with the arrangement until, one day, the owner caused them a little problem. “Since you are all such good customers,” he said, “I’m going to reduce the cost of your weekly beer by £20.” Drinks for the ten men would now cost just £80.

The group still wanted to pay their bill the way we pay our taxes. So the first four men were unaffected. They would still drink for free but what about the other six men? The paying customers? How could they divide the £20 windfall so that everyone would get his fair share?

They realized that £20 divided by six is £3.33 but if they subtracted that from everybody’s share then not only would the first four men still be drinking for free but the fifth and sixth man would each end up being paid to drink his beer.

So, the bar owner suggested that it would be fairer to reduce each man’s bill by a higher percentage. They decided to follow the principle of the tax system they had been using and he proceeded to work out the amounts he suggested that each should now pay.
And so, the fifth man, like the first four, now paid nothing (a 100% saving).

The sixth man now paid £2 instead of £3 (a 33% saving).
The seventh man now paid £5 instead of £7 (a 28% saving).
The eighth man now paid £9 instead of £12 (a 25% saving).
The ninth man now paid £14 instead of £18 (a 22% saving).
And the tenth man now paid £49 instead of £59 (a 16% saving).

Each of the last six was better off than before with the first four continuing to drink for free. But, once outside the bar, the men began to compare their savings. “I only got £1 out of the £20 saving,” declared the sixth man. He pointed to the tenth man, “but he got £10”

“Yes, that’s right,” exclaimed the fifth man. “I only saved £1 too. It’s unfair that he got ten times more benefit than me”

“That’s true” shouted the seventh man. “Why should he get £10 back, when I only got £2? The wealthy get all the breaks”

“Wait a minute,” yelled the first four men in unison, “We didn’t get anything at all. This new tax system exploits the poor”
The nine men surrounded the tenth and beat him up.

The next week the tenth man didn’t show up for drinks, so the nine sat down and had their beers without him. But when it came time to pay the bill, they discovered something important – they didn’t have enough money between all of them to pay for even half of the bill.

And that, boys and girls, journalists and government ministers, is how our tax system works. The people who already pay the highest taxes will naturally get the most benefit from a tax reduction. Tax them too much, attack them for being wealthy and they just might not show up anymore. In fact, they might start drinking overseas, where the atmosphere is somewhat friendlier.

David R. Kamerschen, Ph.D.
Professor of Economics.

For those who understand, no explanation is needed.

For those who do not understand, no explanation is possible.

Show Tax Consultation Booking Form

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The UK’s leading property investment event arrives in Kent for its fifth year after sparking nationwide lobbying in support of landlords and investors

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The National Landlord Investment Show, the UK’s leading platform to connect landlords and investors with suppliers in the buy-to-let market, will arrive in Kent for its fifth year on 26th September 2017. Taking place at the Kent Event Centre, the show will be its 51st to date.

Expert property investment advice
1,000 landlords, investors, developers and property professionals will be able to connect with over 80 exhibitors specialising in buy-to-let, as well as receive expert advice from ten seminars taking place throughout the day, presented by leading industry experts. The seminars will focus on areas such as landlord tax advice, legal, evictions, finance, buying at auction and investment opportunities.

Unbeatable national press coverage
It’s been an unbeatable few months for the show, which brings over

20,000 landlords through its doors each year. With its June event at

Olympia sparking off lobbying to Parliament by its guest speaker Iain Duncan Smith MP, the show gained national and industry press coverage on its speaker panel around prohibitive landlord laws. With expert speakers and property professionals at the Kent Show, visitors can expect this to be one of the topics addressed and debated this September.

Exhibitors include renowned suppliers such as Clive Emson Land and

Property Auctioneers, Tenancy Deposit Scheme (TDS), Nova Financial, Ikea, KM Media Group, Royal Bank of Scotland, Southern Landlords Association and Total Landlord Insurance.

Seminars
The seminars are free to attend for visitors and on a first-come, first served basis and are a perfect place to get advice and an in-depth understanding of the investment opportunities available – in the Kent area.

Steve Hanbury, the Event Director states, ’No other property investment show in the UK provides this level of independent advice from such a range of experts and leading service providers in the market’

Tenancy Deposit Scheme, who are exhibiting for the third year running, attest to the popularity of the show, ‘National Landlord Investment Show is a really well run event and has gained the popularity it deserves within the industry.’

Registration for the Kent event is free at landlordinvestmentshow.co.uk

The event is running from 09.00 – 15.30 and tickets are complimentary.

Register free at landlordinvestmentshow.co.uk

About Landlord Investment Show
National Landlord Investment Show is the UK’s leading property investment exhibition, providing solutions, networking and advice for new seasoned and investors in the buy-to-let market. Established in 2013 and operating in property hotspots throughout the country, it has now run 44 shows successfully, and has provided property investment solutions for over 21,000 landlords in the last 12 months alone, a growth of 31% since 2015.

landlordinvestmentshow.co.uk

Landlord Investor Magazine is subscription-based and available in both print and digital formats with 11 issues each year. It offers advice, features, and news, and helps property professionals keep up to date with essential industry developments.

Subscribe at landlordinvestormagazine.co.uk

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – The UK’s leading property investment event arrives in Kent for its fifth year after sparking nationwide lobbying in support of landlords and investors | LandlordZONE.

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End of tenancy and derelict car on driveway

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I have a property that is about to be vacated. The tenants have had a car on the driveway that has not moved for about 2 years.

The tires are flat, the brakes are locked solid and I’ve been told it will not start. I’m worried that the tenants will leave it behind when they vacate and would like advice on what I can reasonably do regarding how long I must store it for, how much I can charge for ‘storage’ since it will effectively just be on the drive of the property and whether or not I can legally have it taken away by a scrap yard.

Many thanks

Chris

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Is a Property Partnership future proofing my business?

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My partner and I have a portfolio of 10 properties in joint names which we fully self-manage including lettings and repairs. They are singe let houses, not HMO’s. We treat this as a business as it is our main source of income. I’ve read quite a lot about the potential advantages of being a property partnership, particularly for future incorporation (SDLT relief).

We acquired our jointly owned properties as tenants in common with prescribed shares and our overall tax position regarding S24 is pretty good. We won’t get hit until year 4 and although annoyingly unfair it’s not likely to be a major problem. Our current strategy is that any future acquisitions will be through a limited company which we have up and running otherwise we would be hit further by S24 tax.

We have in effect been operating as a partnership with our 10 properties and certainly hit the 20hr time committed to the business threshold (Ramsay case). We also created a formal partnership agreement last year. I intend to submit a partnership return alongside our individual tax returns to register us as a partnership with HMRC. The aim being to potentially incorporate in the future. I don’t really need to incorporate now and we take income from profits but may want to in a few years time. The full implications of S24 will be in place and having all our properties within a company structure may well be preferable.

To register as a partnership with HMRC my understanding is that we will have to obtain a partnership UTR and submit

– Partnership Tax Return form SA800
– Partnership Trading and Professional Income form SA800TP
– Partnership UK Property form SA810

Is anyone else taking this approach and have any useful insights and advice.

Any advice on a couple of things I am also uncertain of are welcome.

1. Whether we are considered a Trade/Profession Partnership or Investment Partnership. I am assuming that as a Partnership we are running a business or profession in letting and managing rental property as opposed to an Investment partnership which sounds a lot more of a passive activity.
2. Does registering as a partnership have any impact on our individual tax status, for example, I have carried forward losses to offset against rental income (net profit) which I would of course like to continue to use.

Thanks

Adrian

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