Nottingham Selective licensing adds £40 pm costs to tenants

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Nottingham City Council 5-year Selective Licensing period

A typical family home, under this scheme will see rents impacted by circa £40.00 pcm over a 5-year period. (See table) We have not accounted for other pressures such as landlord tax changes

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Tenants’ Fee Ban implemented in Wales

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Tenants’ Fee Ban:

Following on from the tenants’ fee ban which came into force
in England 1^st June 2019, a similar fee ban came into force in Wales
on the 1st September 2019. It applies to the new assured shorthold tenancies in
Wales.

The Welsh Government has published a detailed guide – Renting Homes (Fees Etc.) (Wales) Act 2019: Guidance for landlords and agents – though it points out that the publication is for guidance only and is not a definitive statement of the law.

However, Robin Stewart of Anthony Gold solicitors points out
that the guidance contains some serious errors and omissions, in particular whether
statutory periodic tenancies arising at the end of a fixed term after August
2019 would come within the scope of the Welsh fee ban. This issue and others require
further urgent clarification.

In Wales the fee ban applies to new assured shorthold
tenancies only, not licenses as is the case in England. The new rules will
apply to tenancies granted from 1 September 2019 and to holding deposits taken
from that date.

Excluded or “permitted payments� set-out in Schedule 1 of
the Renting Homes (Fees Etc.) (Wales) Act
2019:

1. Rent
2. Security
   deposit
3. Holding
   deposit
4. Payments
   in default
5. Payments
   in respect of council tax
6. Payments
   in respect of utilities
7. Payments
   in respect of a television licence
8. Payments
   in respect of communication services.

There appears to be some confusion over what landlords can
or cannot charge with respect to tenancy amendments and changes of sharers in
joint tenancies.

Mr Stewart thinks that the, “…confusion [cause by errors in
the guidance] is only going to result in difficulty for landlords, tenants and
agents to keep track of their legal rights and obligations during what is
already a time of significant legal upheaval for the Welsh private rented
sector.�

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Right to Rent: government appeal date set

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The government’s appeal against a damning ruling by the High Court that the Right to Rent breaches human rights law will be heard in January. Following a Judicial Review of the policy secured by the JCWI and supported by the RLA, the presiding judge concluded that discrimination by landlords was taking place â€œbecause of the scheme.â€� In his […]

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Block insurance leak excess £10,000!

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In a conversion, containing over 100 apartments, there has been a spate of insurance claims relating to water leakage. This has resulted in increased premiums, and more specifically, a £10,000 excess for water damage claims, which the managing agent passes on to the individual leaseholder for the apartment responsible for the leak.

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Who needs a guarantor agreement?

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Legal opinion appears to be that it is difficult to create a guarantor’s agreement that can be enforced. Apparent problems include:

• It must be executed as a Deed.
• LL must advise Guarantor to take legal advice before signing.

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Call of the week: Domestic abuse and Section 21

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Every year an estimated two million adults are the victims of the domestic abuse in the UK. Today’s call of the week features a member who was called by a distraught tenant to inform them that their partner had been regularly assaulting them.  This had been going on for months and the tenant had finally […]

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Skipton reporting increasing overseas interest in UK BTL with Sterling devaluing

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Skipton International, a UK Buy to Let lender for overseas residents, is reporting strong customer interest despite ongoing uncertainty with Brexit. To the end of August year on year enquiry values through the lender’s online Mortgage Calculator have risen by 43%.

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Do I have a new landlord post sale of car park bays?

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The freeholder of my rental flat in a Block split his original parcel of land into two parcels by selling off the parking bays. At FirstTier Tribunal, we won, as litigants in person, the right to free car parking on the bays of the new freeholder .

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