RLA warns council not to use proposed selective licensing schemes as an enforcement tool

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Comments follow a Tyneside council’s plans to force landlords who they suspect of owning rental properties with sub-standard electrics to get a qualified electrician in to complete an inspection.

The Residential Landlords Association (RLA)
has warned a council that plans to check up on properties’ electrical safety as
part of a proposed selective licensing scheme is potentially unlawful.

South Tyneside Council wants to introduce a selective
licensing scheme and has included a condition that if it has reasonable grounds
for believing the electrical installation needs repair or upgrading, it can
demand a Periodic Electrical Report carried out by a qualified electrical
contractor.

The RLA points to a Court of Appeal judgement
that ruled councils can’t use selective licensing conditions to impose new
standards on the private rented sector.

In February 2018, Accrington landlord Paul
Brown won his case against Hyndburn Council which wanted to use its scheme to
force the installation of carbon monoxide detectors and to carry out electrical
safety checks.

He argued that while he had already done
this, imposing these standards through licensing schemes went beyond the powers
available to local authorities – and The Court of Appeal agreed.

The RLA now wants South Tyneside Council to
remove the condition and argues that there are existing enforcement powers to
root out criminal landlords, such as civil penalty orders and banning orders.

The council hopes to improve standards for
private rented properties in the wards of Beacon and Bents, Simonside and
Rekendyke ward and the Westoe ward.

It began a 10-week public consultation on the scheme in
January which, if approved, would charge about £550 per property and last five
years.

South Tyneside Council says the licensing conditions have
not yet been set. Adds a spokeswoman: “The RLA’s statement contains a number of
inaccuracies, for example, the proposed scheme does not apply to all privately
rented properties in the three wards.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – RLA warns council not to use proposed selective licensing schemes as an enforcement tool | LandlordZONE.

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How to maintain a good relationship with your tenants

admin    Uncategorized     agents

Today is Valentine’s Day, an occasion where we show
appreciation towards the people that matter to us. Whether it be friends,
family, or otherwise, it is important to value the relationships we have with other
people – and this is no different for landlords and their tenants.

That is why today we have put together a guide to provide
our landlord readers with advice on the best ways to manage relationships with
their tenants.

Understanding how to deal with people is an important skill
in the buy to let sector, and as a landlord, your role largely involves
supporting your tenant and catering to their needs. You should be mindful and
attentive to your tenants’ wellbeing and make sure that you are doing what you
can to nurture the relationship correctly from the start.

Hamilton Fraser’s guide, ‘The
5 Cs: Hamilton Fraser’s key soft skills for landlords’, lists some
essential skills that can help landlords to attract and maintain reliable
tenants.

Let’s take a look at some key tips that will help you to maintain a positive relationship with your tenants.

1.Be accessible

Make sure that you provide your tenant with a clear and
direct line of contact in case they have any concerns about the property, or
need to get in touch with you for any other reason.  If your property is managed by an agent, you
may still want to consider giving the tenants your contact details in case of
an emergency.

Doing this will show the tenant that you genuinely care and will give them a sense of trust and confidence in you as their landlord.

2. Communicate

Make sure that you take steps to maintain a communicative
relationship with your tenant. Be forthcoming and help them to feel
comfortable discussing their concerns with you. Having an amicable relationship
can help to resolves disputes easier, and can often help to avoid them
altogether.

Show your tenants that you are taking any issues they raise
seriously by being open, displaying active listening skills, and asking
questions.

It is also important that you are clear about your requirements and make sure that you consider the way you explain things to your tenant – some issues are sensitive and you may have to adjust your approach when necessary.

3. Be understanding

As a landlord, it is important for you to be understanding
of your tenants’ needs. There are times where you may be faced with difficult
situations with your tenant and property, and it is important for you to keep a
level head and consider what is also best for the tenant, not just yourself.

Although you need to carry out your duties as a landlord, and you rely on the income that your property generates, some situations you may have to approach delicately. For example, when notifying your tenant about sensitive issues such as rent increases, rent arrears, or property inspections, you should avoid being confrontational or demanding. Some situations require a level of empathy, particularly with good tenants who are usually dependable.

4. Be reliable

One of the main responsibilities you have as a landlord is
to be reliable and dependable. Your property is more than an asset – it is also
someone’s home, and you have a duty to make sure that you are carrying out your
responsibilities as well as you can.

This involves being attentive, taking your tenants’ concerns
seriously, and making an effort to resolve issues as soon as possible.

You should always aim to deal with issues within a
reasonable time frame. For more complex issues that require more time, such as
severe repairs,
you may need to explain to your tenant that the issue is being resolved and
that it may take a while, but you can keep them updated on any developments.

Following these tips can help you to maintain a
great relationship with your tenants, and in the words of Landlord Action Founder
and Hamilton Fraser Brand Ambassador, Paul Shamplina, “A happy tenant is a
happy landlord!”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – How to maintain a good relationship with your tenants | LandlordZONE.

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TECH FIRST: Lettings firm says it can spot when rented homes are being sub-let

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London hybrid lettings agency Home Made tells LandlordZONE it gently warns tenants tha, if they try and sub-let their home they will be found out.

A hybrid lettings agency in London has
developed software which enables the company to spot when tenants are illegally
sub-letting its landlords’ properties.

Home Made, which was founded three years ago
and is a unique mix of part-tech, part-traditional lettings agency, says more
and more of its landlords are worried about illegal sub-letting.

“I can’t say exactly how it works because
that’s commercially sensitive, but it’s part of our tenancy and property
management platform that we offer landlords,” says founder Asaf Navot.

“But we tell tenants that the property is being
monitored so they’re not tempted to sub-let but reassure them that we are not
spying on them!”.

LandlordZONE has spoken to several tech experts
who say systems like this are likely to match a rental property’s address to
all the main short and medium-let platforms such as Airbnb, Spotahome, HomeAway
and Booking.com and then flag up if it’s featured on them.

“We use our tech hand-in-hand with almost
forensic tenant referencing in order to filter out potential professional
sub-letters, who are a growing problem in the higher end of the London lettings
market.”

Navot says career sub-letters are using more
and more sophisticated methods to get around referencing including buying fake
web addresses to set up bogus businesses who they then claim to work for.

Home Made is unusual because it offers a
traditional lettings service for substantially less than its high street
competitors, based out of a single office near Waterloo, but covers all areas
of London within Zone 6 of its public transport network.

The company offers accompanied viewings and
also a common tech platform that its staff, landlords and tenants communicate
and transact on.Visit Home
Made.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – TECH FIRST: Lettings firm says it can spot when rented homes are being sub-let | LandlordZONE.

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Rotherham selective licensing scheme renewal approved

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Rotherham Borough Council has confirmed that a selective licensing scheme in the town will come into affect on 1st May 2020, and will last for five years. The selective licensing scheme will not apply to all private rented properties in Rotherham. It will apply to the areas of Eastwood / Town Centre, Masbrough, Maltby South […]

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Landlord exodus: 225,570 have thrown in the towel since 2017

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As government tax and regulation bites, landlords with smaller portfolios are leaving while those who remain tend to have larger portfolios, says Hamptons International.

The number of landlords has decreased by 8% since
2017 to 2.66 million, latest research from estate agency Hamptons International
reveals.

This is the lowest number of private landlords
in the market for over seven years and also clear evidence that the
government’s efforts to chase smaller landlords out of the market is working.
Hamptons says the average size of a portfolio is rising as tax and regulatory
burdens have caused some accidental and smaller landlords to leave the sector.

The figures show that 30% of all landlords now
own more than one property, the highest percentage on record.
Landlords with the largest portfolios are in the North East, Yorkshire and the
Humber and London, and those in Wales and Scotland have smaller than average
portfolios.

Bigger portfolios
“While 222,570 landlords have left the sector since 2017 due to tax and
regulatory changes, those who have stayed tend to have bigger portfolios – a
further sign that the sector is professionalising,” says Aneisha Beveridge,
Head of Research at Hamptons International.
“An average landlord in Great Britain owned 1.93 properties last year, the
highest level since 2009.”
The number of landlords in the UK increased dramatically after the 2007/8
financial crash as rock bottom interest rates persuaded many people to invest
in property rather than savings accounts, rising from 1.4 million in 2007 to
nearly 2.9 million by 2017.
Despite the increases in portfolio size tracked by Hamptons, the exit of
landlords is sucking stock out of the market.
In 2017 there were 5.29 million private rented homes but last year there were
just 5.13 million.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Landlord exodus: 225,570 have thrown in the towel since 2017 | LandlordZONE.

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Short-Term letting, not without its problems…

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Holiday Lets:

With the changes to
the tax rules many buy-to-let landlords are thinking of creative ways
to overcome the loss of income. Their inability to claim tax relief
on their mortgage interest and the removal of their wear and tear
allowance has made a big difference to the average landlord’s
bottom line.

One creative way is
to look to running properties as holiday lets or short-term Airbnb
lets. This can get around many of the restrictions of the Housing
Acts, also the tax rules on buy-to-let (classed as investments) and
it gives the freedom and flexibility of holiday lets which are
classed for tax purposes as running a business.

However, short term
and holiday lets need to be managed. Change-overs occur in days or
weeks as opposed to months or years. This creates a good deal of work
and administration. Granted landlords can use one of the established
holiday letting sites or Airbnb, but it still takes time. Cleaners
and maids need to be employed unless the landlord is willing to do
the work herself.

With a holiday
cottage set-up correctly as a business operation, and providing its
in the right location where holiday traffic is in demand, then this
can work out very effectively as a viable business. There are strict
tax rules to follow with furnished holiday lets (FHL) governing the
amount of time the property is available to let and not in your own
use, but generally they are classed as a business with many tax
benefits. This can be a nicely profitable occupation.

For the first 12
months of being a FHL, your property is effectively in a
‘probationary’ period and during this time, the potential and
actual availability of your property will be established and for your
FHL status to become permanent your property must:

• be available
  for 210 days (30 weeks),
• be let
  commercially as a holiday property for 105 days (15 weeks)
• and if occupied
  for more than 31 days by the same person/people, there must not be
  more than 155 days (total) of such longer lettings.
• The days when
  you, or your friends and family stay at the property, even for free
  or at a discounted rate, then these stays do not count towards the
  total occupation requirements.

Short- term Airbnb
type lets in flats, are a bit different. With an average flat, for
example, an Airbnb let for one week may gross you £1,200 or more,
something equivalent to a month’s let with a standard buy-to-let on
an assured shorthold tenancy. Much of the above caveats apply, but,
are you sure that letting your flat in this way is lawful?

Airbnb

Airbnb is an online
platform that allows property owners to let their homes, rooms and
flats to visitors on an ad hoc basis. But flats are almost certainly
leasehold, and leaseholders in England and Wales must comply with
their lease terms as well as a host of other rules and regulations if
they are to let in this way. The first obstacle might be that the
lease forbids the leasehold from carrying on a business in what is
otherwise a residential property.

Health and safety

As a landlord (and
the Responsible Person) you are responsible for the safety of the
occupants of your property under common law. You are obliged to
comply with all health and safety laws. When you are a leaseholder
with a long lease, and you decide to let the property as holiday
accommodation, the health and safety laws would apply to you as you
would be considered to be the Responsible Person and a landlord under
the law.

The Regulatory
Reform (Fire Safety) Order 2005, s.3 says that a responsible person
for complying with the Order is the person who has control of the
premises in connection with the carrying on of a trade, business or
other undertaking (for profit or not). Airbnb is considered a holiday
let and the leaseholder would be carrying on a business, which means
that they would need to comply with the fire safety Order.

Since 2015, the
government approved the Smoke and Carbon Monoxide Alarm (England)
Regulations 2015 which apply in England and Wales and are required to
be installed, at least one smoke alarm on every storey of a property
on which there is a room being used wholly or partly as living
accommodation, and a carbon monoxide alarm in any room used wholly or
partly as living accommodation which contains a “solid fuel”
appliance, coal fire or wood burning stove for example. The guidance
currently provided by the Ministry of Housing, Communities and Local
Government’s (formerly the Department for Communities and Local
Government) indicates that ‘solid fuel’ is coal or wood, so does
not apply to gas or oil appliances, though it is wise to provide one
for these also.

Landlord
Insurance

Most leasehold
agreements for flats place the responsibility for insuring the
building (the block) on the freeholders, leaving the leaseholder to
choose whether to insure its own contents by obtaining contents
insurance. However, landlords’ insurance goes further, insuring
against third party and accident claims which is a vital part of
cover.

It is vital
therefore that any leaseholders intending to let their property as a
holiday let on Airbnb establish with their insurance company that
doing so does not invalidated their insurance cover. Should their
insurance be invalid for this reason, they may also be in breach of
their mortgage obligations. Airbnb offers Host Guarantee and Host
Protection Insurance, but this will only go so far, its small print
states that “this (cover) does not take the place of homeowners or
renters insurance or of adequate liability coverage.”

Mortgage

Leaseholders who
have their flat on a mortgage must also make sure that by letting
their property as a holiday let on Airbnb they are not in breach of
the terms of their mortgage. The Council of Mortgage Lenders handbook
states that the lender should advise the borrower that consent is to
be obtained if the borrower wishes to sublet the property. Lenders
also reserve the right to change the terms of a mortgage, or require
a higher rate of interest if the borrower requests a change to allow
sub-letting.

Mortgage interest
rates are usually set for as long as the owner occupies the property
as their only or main residence. Subletting usually requires consent
in writing from the lender. Failing to obtain this can technically
result in a demand for full repayment of the loan, or repossession of
the property.

Planning laws

Letting a home for short periods does not normally need planning
permission – it is still a family dwelling. However, a more
permanent use of a property for short term lets, especially if it may
in any way affect neighbours, is likely to be considered a change of
use, and it will then require consent.

In most instances so far, planners have been reluctant to use their
powers in this area but if complaints are generated it is likely that
a local authority enforcement officer will issue a notice requiring a
landlord to cease letting their property on a short-term basis.
Failure to comply with this notice would be subject to a fine of up
to £20,000.

In London, there is specific legislation which limits short term
Airbnb type lets to no more than 90 nights per year, unless full
planning permission is obtained. There are no such rules outside of
the capital, meaning planning officers must decide on a case-by-case
basis whether the short-term letting is causing unreasonable harm to
neighbours.

The Deregulation Act
2015 amended earlier legislation for London to allow landlords to let
their properties as temporary accommodation for up to 90 days, as
long as the host remains liable to pay council tax. Local authorities
can remove the 90 days rule from certain types of residential
premises and in certain areas, so landlords should check with their
local council before letting short-term.

Flats and houses
come under the Use Classes Order 1987, this is a “C3” use for
residential dwellings for planning law purposes, so from a planning
point of view the authority would want to determine if there had been
a change of use and whether planning permission would be needed. Does
operating a short-term let Airbnb type business on a more or less
permanganate basis with its associated disruption for neighbours
represent a change of use?

There have been a
couple of cases which could go against this use. In Nemcova v
Fairfield Rents Ltd the Judge ruled that what was important was the
duration of the stay “…for the property to be used as the
occupier’s private residence there must be a degree of permanence
going beyond being there for a weekend or a few nights in the week.”
Therefore granting short-term lets for days or even weeks as opposed
to months and years would breach the planning laws without gaining
planning permission and would also breach most standard lease
agreements, which usually contain a clause to use the property as a
private residence only.

Another ruling, this
time in Edinburgh, where the council took enforcement proceedings
against a landlord which resulted in a court case due to the
increased comings and goings of tourists causing inconvenience to
neighbours. The landlord’s argument was that even though the
property was used for short term holiday lets, it was still
essentially a single residential dwelling. However, the court
determined that there was a “material change of use” which would
require planning permission. The landlord therefore would need to
apply for change of use to Class C1 use, which is the same as for
hotels, guest houses and hostels. Given the disturbance and
complaints it would seems he would be unlikely to get it.

Taxation

Landlords who let or
licence a furnished room in a property which is their main or only
residence can benefit from the ‘rent-a-room’ income tax relief
scheme with tax relief is worth £7,500. But given the recent
popularity of short Airbnb type lets, the
government has added an additional test of ‘shared occupancy’ for
rent a room relief to be available. In essence it means that the
taxpayer must be living in the property for at least some of the time
that the accommodation is let. So letting out the property while
absent will no longer qualify for the rent-a-room relief.

The Lease
Agreement

Leaseholders should
ensure that they are not prevented from sub-letting by the wording of
their lease. It is common for leases to contain such clauses and
ordinarily leaseholders would need permission in writing from the
freeholder if they intend to do short-term letting on a permanent
basis.

Unfortunately, short
term lets are usually in breach of flat leases and the flat owner run
the risk of the freeholder taking enforcement action against them
that could ultimately result in the forfeiture of their lease.

Leases sometimes
prevent owners from keeping certain types of pets, so any short-term
letting where the occupants have pets could breach the lease terms.
It has been known for Airbnb lets to be used for rave parties, which
would inevitably, as the landlord has no control, result in
complaints and possible legal claims from other leaseholders.

So, although Airbnb
and other online accommodation websites like it have revolutionised
short-term holiday lets and have created opportunities for property
owners to maximise rental income, it also presents potential
short-term landlords with problems to overcome. Airbnb operates with
minimal regulatory control and in England and Wales leaseholders need
to be aware of the law, planning laws, lease restrictions, health and
safety, insurance, taxation and other regulatory controls if they
want to enter into this business.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Short-Term letting, not without its problems… | LandlordZONE.

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Project to reduce the reluctance to rent to tenants on benefits

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Shelter Press Release:

Thousands of vulnerable private renters across Greater Manchester were boosted today as the £600,000 test and learn fund for Fair Housing Futures was announced.

The partnership project, hosted by the housing charity Shelter and funded by the Nationwide Foundation

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WEBINAR: What’s the future of Section 21?

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On Wednesday March 11th at 19.30pm, Paul Shamplina, Founder of Landlord Action and star of Channel 5’s ‘Nightmare Tenants, Slum Landlords’, will host LandlordZONE’s very first Webinar!

The Government have announced that the ‘Non-Fault’ Section 21 will be abolished in the future, so that tenants cannot be evicted without a reason, as tenants should have greater security.

There’s always a reason why a landlord has to evict a tenant. What does the abolishment mean for the Private Rental Sector and Landlords. What measures need to be put in place for this to work and what could be the negative consequences of the abolishment of Section 21. How will a Housing Court work?

‘The Landlord’s Friend’, Paul Shamplina will take you through this, in LandlordZONE’s very first webinar.

Register Here

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – WEBINAR: What’s the future of Section 21? | LandlordZONE.

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Threats from tenant after serving section 21

admin    Uncategorized     agents

Two previous agents did not manage my flat effectively, no inspections were carried out for the past 7 yrs. The Flat got mould which I have now cleaned off after deciding to self manage.

Since taking over the management tenant has become very intimidating to myself and contractors that have been repairing the damages.

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Protecting property from old flame?

admin    Uncategorized     agents

A friend wants to gift his unencumbered, mortgage-free, own residence to his son and move into a previously let property. He is concerned that an old flame of his son might try to cook up a story of stalking/harassment to sue his son for financial benefit.

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