‘Rumble with the Agents’ raises over £19k for Make-A-Wish UK

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On Thursday 23rd May, the fifth annual ‘Rumble with the Agents’ white-collar charity boxing event took place at The Holiday Inn in Finchley Central.  The sell-out event, attended by more than 300 property professionals, raised in excess of £19,000 for Make-A-Wish UK

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Reminder – Tenant Fees Ban commences tomorrow

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Tenant Fees Ban:

The Tenant Fees Act 2019 becomes effective from tomorrow,
Saturday 1st June 2019.

It applies to England only for now, but is likely to be
extended to Wales in due course.

The Act controls payments that landlords and letting agents
can require a tenant to pay in connection with a tenancy or licence for a
residential dwelling in England with very few exceptions.

Effectively, the Act bans all payments a landlord or letting
agent may take from a tenant except those expressly set out in the Act as “permitted�
payments. These are:

Rent – which will
include an advance payment for the first rent period, which must be the same as
all the subsequent rent payments. In other words, the first period cannot be
loaded to recover costs

Holding Deposit –
refundable, and no more than the equivalent of one week’s rent, with its terms
of refund and retention set-out clearly in writing

Tenancy Deposit,
sometimes referred to as a security or damage deposit, again refundable and
capped at no more than five weeks’ rent, if the total annual rent is less than
£50,000, or a maximum of six weeks’ rent, if the annual rent exceeds £50,00

Amendments charges,
mid-tenancy, amendments requested by the tenant are capped at charges of £50,
unless a greater cost can be fully justified.

Early Termination,
payments associated with this when requested by the tenant

Provision of
Utilities, such internet services, telephone, TV licence and council tax
when appropriate.

Default Fees,
when the tenant defaults on rent payments or other permitted payments specified
in the tenancy agreement, including such items as replacement of a lost keys,
etc.

There is considerably more detail within the Act itself –
see the link below – so landlords and agents should familiarise themselves with
the detail.

Tenant Fees Act 2019

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Report shows 10,000 extra rentals added to English dwelling stock

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Rental Housing:

Between March 2017 and March 2018, the private rented dwellings in England increased by 10,000. Over the same period the owner-occupied dwelling stock increased by 226,000 while the social and affordable rented stock decreased by 1,000 dwellings. Other public sector stock decreased by 13,000 dwellings.

The figures clearly demonstrate the trend, how private landlords have increasingly become relied upon to provide the much needed extra rental housing.

The Dwelling Stock Estimates to 31 March 2018, for England
published in a Government Housing Statistical Release last week (24 May 2019)
show there were 24.2 million dwellings in England at 31 March 2018, an increase
of 222,000 dwellings (0.93%) on the same point the previous year.

15.3 million of these dwellings were owner occupied dwellings, 4.8 million private rented dwellings and 4.0 million social and affordable rented dwellings (Private Registered Providers plus Local Authority).

Between March 2017 and March 2018, the owner-occupied dwelling
stock increased by 226,000 and the private rented stock increased by 10,000. The
social and affordable rented stock decreased by 1,000 dwellings and the other
public sector stock decreased by 13,000 dwellings.

There were 634,453 vacant dwellings in England on 1 October
2018, an increase of 28,562 (4.7%) from 605,891 on 2 October 2017. Vacant dwellings
are 2.6 per cent of the dwelling stock.

Long-term vacant dwellings numbered 216,186 on 1 October
2018, an increase of 10,893 (5.3%) from 205,293 on 2 October 2017. Long-term
vacant dwellings are 0.9 per cent of the dwelling stock.

The publication states
that these tenure statistics differ from those published from the English
Housing Survey which are in terms of households not dwellings. In addition, the
dwelling stock figures include vacant dwellings. The trends are consistent. The
English Housing Survey is the primary measure of tenure, as the unit of
households is the preferred metric, but the Dwelling Stock figures are a useful
leading indicator.

Dwelling Stock Estimates: 31 March 2018, England

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‘Rumble with the Agents’ raises over £19k for Make-A-Wish UK

admin    Uncategorized     agents

On
Thursday 23^rd May, the fifth annual ‘Rumble with the Agents’ white-collar
charity boxing event took place at The Holiday Inn in Finchley Central.  The sell-out event, attended by more than 300
property professionals, raised in excess of £19,000 for Make-A-Wish UK, with
the final total still being tallied, which will enable eight children with
critical illnesses to be granted their once in a lifetime wish.

On
the night, 10 boxers were paired for the five fights comprising three rounds
each.  Heckled and cheered on by friends,
family and colleagues, each demonstrated the effort they had put into the intensive
training over the last few months.  

The incredible amount was raised from donations, a raffle and a live auction of sporting memorabilia, which every year Paul Shamplina , founder of Landlord Action, sources from far and wide in order to maximise the event’s charity donation.
Danielle Munday, Regional Fundraising Manager (South) for  Make-A-Wish UK, commented: “Make-A-Wish UK would like to extend a huge thanks to Paul Shamplina and Landlord Action for allowing Make-A-Wish to be a part of this year’s fantastic Rumble with the Agents, raising in excess of £19,000 and far exceeding all hope and expectation! With your help, we will now be able to grant approximately eight transformational wishes to children enduring illness and treatment that most of us could never imagine. Our purpose is simple. We create life-changing wishes to children living with critical illnesses. Granting their one true wish provides seriously ill children with hope for the future, strength to cope and resilience to fight their condition. They are given quality time away from the daily realities of living with their condition and given the chance to make magical memories that they can treasure forever – whatever their future may hold. We can only grant wishes with the help and support of partners like you. Thank you again.â€�

Paul
Shamplina, founder of Landlord Action and brand ambassador for Hamilton Fraser,
added: “I can’t believe this has been the
fifth year we have run this event. It was never my intention to launch an
annual event, but every year it gets better, we raise more money and the quality
of boxing from the novices improves. This year, I really wanted everyone to be able
to see the tangible results of the money donated and how it makes a difference
to those it goes to. Make-A-Wish UK is such a special charity and I hope by
next year’s event we will be able to show everyone pictures of those eight
magical wishes and what it meant to the children that received them.�

To
volunteer to take part in next year’s event or donate please email Rita Shamplina
on info@rumblewiththeagents.co.uk
or call 07790 569501. 

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – ‘Rumble with the Agents’ raises over £19k for Make-A-Wish UK | LandlordZONE.

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Don’t fall foul of the authorised guarantee agreement…

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Commercial Property:

A recent High Court decision in Co-Operative Group Food Ltd
v. A&A Shah Properties Ltd (2019) relates to an authorised guarantee
agreement (AGA) dispute, in this case an agreement involving a guarantor of the
outgoing tenant.

The issue in question was how a guarantor can guarantee an
outgoing tenant’s obligations in an authorised guarantee agreement (AGA)
without falling foul of the Landlord and Tenant (Covenants) Act 1995.

Although there was some confusion given the terms in the
licence to assign, the High Court held that the guarantee in the licence in the
Co-Operative Group case, operated as a sub-guarantee and the guarantor was not
released from its liability.

Privity of Contract:

The Landlord and Tenant Covenants Act came into force on 1
January 1996. The Act abolished “privity of contractâ€� – the relationship
between the parties in a contract which entitles them to sue each other, but
prevents a third party from doing so – for all new commercial property leases,
though in certain circumstances an outgoing tenant could be required to guarantee
its immediate assignee.

Before the Landlord and Tenant (Covenants) Act 1995, the
first tenant remained liable for the rent, etc., throughout the term of the
tenancy, regardless of assignment. An assignee default at any time meant the
original tenant could suddenly be presented with a demand for rent at any time.

The Act did not change the rules on underletting, but it
meant that with any commercial lease the parties were permitted to enter into
an agreement, usually explicitly in the lease, specifying those circumstances
in which consent to assignment can be withheld, or any conditions subject to
which consent can be granted.

In return for the loss of their rights under privity of
contract, landlords were given greater powers to control assignments and the
Act. It also amended s.19 of the Landlord and Tenant Act 1927, and introduced for
both new and existing leases a procedure under which landlords had to notify
former tenants, and their guarantors, within six months of a current tenant’s
breach of certain covenants. If in these circumstances the notified tenant or
guarantor was to remedy the breach, it is able call for an overriding lease.

In the Co-Operative Group case, where the Act requires that
on an assignment of a new lease the outgoing tenant is released from the tenant
covenants and, at the same time, any guarantor of that outgoing tenant is also released,
there is a qualification.

That is, the outgoing tenant may be required to enter into
an AGA to guarantee the performance by the assignee of the tenant’s covenants
in the lease. Subsequent case law has established that an outgoing tenant’s
guarantor can guarantee the outgoing tenant’s performance of its obligations
under the AGA as a sub-guarantee.

But, the outgoing tenant’s guarantor cannot guarantee
performance of the tenant’s covenants performed by the assignee as that would
be a direct guarantee and would be rendered invalid by the anti-avoidance
provisions of the Act.

In the case of Good
Harvest Partnership LLP v Centuar Services Ltd, the High Court held that direct
guarantees by the outgoing tenant’s guarantor to guarantee the obligations of
the assignee in an Authorised Guarantee Agreement (AGA) are void under section
25 of the Landlord and Tenant (Covenants) Act 1995.

If this were not the
case, a condition would have imposed obligations on the tenant’s guarantor
equivalent to those from which section 24 LTCA 1995 sought to release them
thereby frustrating the aims of the Act. The effect of Good Harvest was that
any direct guarantee from on outgoing tenant’s guarantor of an incoming
assignee is unenforceable.

The Coop case was complicated by there being more than one
provision in the licence to assign, but the crux of the matter is that landlords
and their solicitors need to be very careful when drafting to make the distinction
between a sub-guarantee and direct guarantee, to ensure that the outgoing
tenant’s guarantor only ever guarantees performance by the outgoing tenant and
not performance by the assignee.

In the end, in the Coop case, purely because of one provision
in the licence to assign, the AGA was held on this appeal to be an enforceable
sub-guarantee.

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Ex-evicted bad’un has the gall to ask for a positive reference?

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I nearly died of shock today! My inbox contained a request for a tenant eventually evicted last November, which began in April 2018. Yes, it was one of those Section 21s, the so-say ‘no fault’ eviction route to ensure I got possession without contest.

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Why is the UK Government conscripting landlords as immigration officers?

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Olivia Bridge is a political correspondent and commentator for the Immigration Advice Service – an organisation of leading UK immigration solicitors.

Theresa May’s ‘hostile environment’ policy introduced in 2012 has achieved exactly what it says on the tin.

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DWP – Universal Credit landlord engagement newsletter

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The Department for Work and Pensions (DWP) has published its latest newsletter designed to keep landlords who let to tenants on Universal Credit informed of the most recent updates and current position of the roll out.

Click here to view the full May 2019 edition.

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UK’s driveway income hotspots

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The UK’s towns and cities where homeowners are making the most money by renting out their driveways as parking spaces have been revealed by online parking portal YourParkingSpace.co.uk. Its research shows that empty driveways, garages and secure parking spaces made more than £1,000 for their owners in 25 cities and towns across the UK over the last year

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Valid view point on the way forward for the PRS?

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Have any Property118 readers and contributors read the thorough Crisis report on homelessness? You seem to have a number of luminaries who could throw some light on what appears to be a thorough and detailed report.

There may be an alternative valid view point on the way forward for the PRS.

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