Some signs of mortgage market recovery

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The Bank of England have released their June report for money and credit statistics showing UK household’s net borrowing was £1.8 billion after large repayments in previous months. The increase can all be accounted for by mortgage borrowing with mortgage interest rates broadly remaining unchanged.

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Has change of use application criteria relaxed?

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I bought a 4 bed property outright in Derbyshire and I would like to convert it from a c3 to a C2 (see below)

I have applied to the council for permission and waiting for a response.

However

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West End commercial property activity nosedives by 67% during Covid, reveals Savills

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Figures released by Savills show how hard the pandemic has hit London’s commercial property market.

West End leasing activity in the second half of the year is down 67% on the long-term Q2 average, not surprising given its covers the key lockdown months of April, May and June of this year.

To date, Savills has completed 102 commercial transactions, which is just over half the number it carried out in the same period last year (190).

Over the past two months, many of Savills’ tenants have put their requirements on hold, seeking short-term extensions and reviewing their options.

On a more positive note, there has been little evidence of any substantial downward pressure on headline rents.

At the end of the first half of this year, the average prime rent stood at £113.66 per sq ft, which is down by only 4% on the average achieved during the first half of 2019.

London’s tech and media sectors continue to account for more a third (35%) of demand this year for Savills’ clients’ properties followed by the insurance and financial sector (21%).

Next up are retail and leisure and business and consumer, each accounting for a 12% share of take-up.

Significant transactions for Savills‘ West End commercial team in June saw Roxor Games pre-letting the entire building at 25 Golden Square, Ted Baker pre-letting six floors of the Tribeca scheme at 2–6 Pancras Way, and Boohoo.com leasing the fifth floor of Euston Tower (pictured).

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – West End commercial property activity nosedives by 67% during Covid, reveals Savills | LandlordZONE.

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Sort out Universal Credit problems or landlords will begin drifting away, expert warns DWP

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The UK’s leading Universal Credit (UC) consultant Bill Irvine has warned that landlords will soon start drifting away from accepting tenants on benefits unless the Department of Work and Pensions (DWP) sorts out its creaking administration system soon.

His comments come at a crucial time as the debate between landlords and housing campaigners hots up over the issue of ‘No DSS’ blanket policies employed by some landlords and letting agents, and the recent Shelter-sponsored landmark court case.

“Universal Credit in itself is workable for tenants and landlords and has admirable aims, but the way it’s run has been increasingly frustrating and illogical for several years,” he says.

Irwine works every day at the coal face, fielding calls from both newbie and experienced landlords, many of whom are trying to set up or manage an Alternative Payment Arrangement (APA) to have the housing element of their tenant’s UC paid direct to them.

He believes that the DWP’s ideological obsession with giving tenants more responsibility by paying what used to be called Housing Benefit direct to them also means that landlords are being kept out of the loop when decisions are made about individual APAs.

Talking about one case, Irvine says: When, finally, [the decision letter] arrived, it said – “sorry, but due to “GDPR” we can’t tell you anything.

Lame excuses

“Any landlord or letting agent involved with the scheme will be familiar with that same lame excuse used in APA refusals time and time again.”

One of the most common problems is that even when the DWP does decide to allow an APA, all too often the money is paid direct to the tenant by mistake anyway.

“In one recent case the landlord only got the money because I was involved and had been alerted informally that the payment was on its way – so the landlord went down and persuaded the tenant to pay the owed rent to him,” he says.

“That was a good outcome, but within a system that is sometimes run by inexperienced and poorly-trained DWP staff, and that is designed to keep human intervention to a minimum, it often means landlords are out of pocket for months and even years.

“And when a problem is uncovered by the DWP, they will often suspend payments while they investigate. This only helps the tenant get further into arrears and landlords be owed more money, and makes evictions more likely.”

Read more about Universal Credit and the private rental market.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Sort out Universal Credit problems or landlords will begin drifting away, expert warns DWP | LandlordZONE.

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Licensing latest: Council introduces HMO rules in four towns in one go

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Denbighshire County Council has voted through an Additional Licensing Scheme for Houses of Multiple Occupation (HMOs) in a move to improve safety for occupants and help curb anti-social behaviour.

The scheme, which will apply to the Welsh towns of Rhyl, Prestatyn (pictured), Denbigh and Llangollen, brings in new regulations to better control safety, minimum room sizes, and “reasonable procedures” regarding anti-social behaviour.

The seaside town of Rhyl – which has the highest number of HMOs of the four selected towns at approximately 840 – has had an Additional Licensing Scheme in operation for 10 years.

But Denbighshire’s councillors have seen fit to enforce tougher regulations for both Rhyl, Prestatyn, Denbigh and Llangollen over concerns about anti-social behaviour and poor standards of accommodation.

As well as agreeing to abide by the new, stricter rules, landlords will have to pay between £420- £1,370 per property for a five-year licence.

Denbighshire’s Built Environment and Public Protection Manager Gareth Roberts says these four towns were picked because of their high proportion of HMOs and levels of complaints related to anti-social behaviour.

The new measures – which will come into force in around three months’ time – are intended to improve both the lives of Denbighshire’s HMO tenants and their neighbouring residents.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Licensing latest: Council introduces HMO rules in four towns in one go | LandlordZONE.

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DWP – obliged to helping tenant secure their TA?

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Where the DWP pays the rent direct to the Landlord, the position is due for review at certain periods. Are they obliged to tell the Landlord the review date? Especially when the Landlord has requested a direct payment.

Are they obliged to send payments direct to tenant if they ask at any time irrespective of the direct payment already established?

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Getting redress when agents offer poor service is now 60% faster, claims scheme

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Members of the public including landlords who complain about estate agents were given redress for their complaints within 16 days last year, down from 42 days the year before.

The figures are published today by the Property Redress Scheme (PRS), which says the time savings came despite last year being a busy period for the scheme as it saw a rapid increase in membership and a corresponding 51% surge in complaints from 959 to 1,444.

The membership surge reflects both new agents joining the industry and, in 2018, the withdrawal of Ombudsman Services from providing redress within the housing market, leaving PRS and The Property Ombudsman.

Schemes like these are the first port of call for landlords who have disputes with lettings agents about arguments over fees, service levels and other issues.

£616,000

Those who have their disputes adjudicated in their favour are then paid awards by agents, and last year the average stood at £1,224.81 while the scheme awarded £616,000 in total. Its highest award was £25,000.

“We aim to provide the best service for our members, which is why we’ve focussed on reducing the time it takes to resolve a complaint using early resolution,” says Sean Hooker, Head of Redress at PRS.

“We hope to continue to improve this record, which is why we launched our tenancy mediation service earlier this year. Not only will that help agents resolve issues faster, but it will also help with compliance as all parties will have worked together to bring the complaint to a resolution.”

PRS has teeth – last year it expelled 61 agents for non-compliance with awards.

If expelled, a sales or letting agents cannot carry on doing business legally, as they are required to be a member of an approved redress scheme by law and face prosecution if they don’t.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Getting redress when agents offer poor service is now 60% faster, claims scheme | LandlordZONE.

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Leasehold Reform – the biggest shake up since 2002

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In the last week before parliament closed for its summer recess the housing ministry published a raft of new policies that will affect around 4.7 million leasehold homes in England and Wales.

This move will be the biggest legal shake-up in leasehold law since the Leasehold Reform Act of 2002, and it promises to go much further in terms of reform since the inception of the leasehold principle of land ownership in Britain dating from the Middle Ages.

Where “leasehold” comes from

Leasing was established to allow ‘surfs’ to work plots of land and inhabit farmsteads for a finite period of time, and on that basis would pay the lord of the manor (landlord) by providing food and other services to those further up the social pecking order. Medieval (feudal) lease law was drafted to maintain continued land ownership in the hands of powerful families across generations, while providing comfortable livings by maximising earnings from it.

It was not until the 1920s that statutory reforms introduced Rent Acts which were meant to hold-down rents and restrict the right of landlords to evict tenants. It encouraged landlords facing dwindling returns to sell long leases (typically 99, 125 and even 999 years) for their properties. It enabled leaseholders (tenants) to occupy for long periods but never to own their properties and remains a system of tenure almost unique to Briatin.

After that the system became a convenient way for small to medium developers to provide themselves with a pension, and with the increase in construction of Flats from the 1950’s onwards, leasehold ownership increased significantly, particularly in London.

Leasehold ownership became the only way to subdivide and sell properties in a multi-occupancy and high rise apartment buildings in Britain as freehold ownership couldn’t be applied to individual units. That’s because English freehold property law is based on land and requires a separate land boundary visible on a map.

When leases expired, ownership of the land and the building reverted back to the landowner/freeholder. But further reforms followed in the 1960’s given social pressures when long-standing tenants were being threatened with eviction if they had failed to renew leases before they ran out.

In England and Wales leasehold remains by far the most common form of flat ownership and it’s still possible in 2020 for a lease to expire and a tenant to be evicted. A leaseholder would be completely stupid to allow this to happen, but nevertheless it is still possible.

New reforms from the 1960s to 2002 somewhat rebalanced the freeholder and leaseholder relationship, allowing leases to be extended by law (amid other leaseholder rights) for an additional 90 years, effectively giving leaseholders lifetime security, at a cost.

A Modern Leasehold Scandal

More recently it had become common practice for large-scale housebuilders to sell newly-built houses – many of which involved the Government’s Help-to-Buy scheme – with onerous leasehold terms, high ground rents and leases with eye watering fees, often to naive and unsuspecting first time buyers.

The practice was so beneficial to the developers, and the terms so egregious for the leaseholders that the scandal broke and brought it to the attention of the media and politicians. After a campaign by an aggrieved bunch of leaseholders it was picked up by MPs and prompted a legal review.

The developer can sell the leasehold interest of the property which makes this a very lucrative way to raise funds. The developer receives a lump sum in return for granting the leasehold interest typically to an institutional investment house, where this lump sum is roughly the vacant possession valuation of the property. The leaseholder then pays a regular payment (usually annually) to the freeholder for the duration of the lease, namely ground rent.

It is also possible for a developer to sell the freehold to a property where the developer receives a lump sum equivalent to the investment value of the property. Generally, this is the vacant possession valuation, plus earnings from ground rent payments. All this, and those wiley investors in traditional older property ground rents means there’s a large cohort of vested interests opposing changes.

Law Reform

The last Government investigated the claims of the abuse which resulted in the then communities secretary Sajid Javid promising an end to the leasehold ‘feudal practice’. He called for new rules to make extending a lease or purchasing a freehold ‘much easier, faster and cheaper’. The Law Commission was called upon to look into the subject of leasehold reform as part of its 13th Programme of Law Reform, hence the latest report.

Leasehold home ownership: buying your freehold or extending your lease

The Law Commission’s report findings stretch to nearly 2,000 pages and primarily recommends ways to make the system fairer using the ‘commonhold’ concept of what it calls a viable alternative for owning flats.

Common hold was introduced in the 2020 reforms but never took off because its terms were not attractive. However, it is used successfully in most other countries. In Australian and US condos, commonhold means occupiers own their own homes outright and common parts jointly with neighbours. The property is run by a committee of common-holders with no freeholder. Lease contracts are all standard – unlike the highly complex and unique leases at present – without the complexity that often traps leaseholders into paying exorbitant and spiralling costs.

Ministers will now need to decide whether this commonhold concept is to become incorporated into English law, whether to merely incentivise it or to make it compulsory. There are pros and cons for both systems, for although the present system can be expensive for leaseholders, a well managed block keeps everything in repair and maintains property values, without the acrimonious arguments and the management time common-holders and shared freeholders can get themselves into.

Other Recommendations

When a lease is becoming dangerously short it should be extended, otherwise a buyer would struggle to get a mortgage, making the leasehold difficult to sell. However, the cost to extend a lease or buy the freehold, known as ‘enfranchisement’, follows a complex formula to determine the Marriage Value, i.e., the increase in the value of the property following the completion of the lease extension, reflecting the additional market value of the longer lease. As the potential ‘profit’ only arises from the landlord’s obligation to grant a new lease, the reform legislation requires that it be shared equally between the parties.

Although currently leaseholders have a statutory right to extend after two years of ownership, and usually the leaseholder pays the freeholder’s reasonable legal costs, the whole process can cost many thousands of pounds. It gets a lot more expensive to extend a lease once the term drops below 80 years.

The Law Commission therefore has recommended new ways to make enfranchisement more affordable: an immediate right to extend more cheaply, and the freeholder pays their own legal fees. In addition, extensions could be for as much as 990 years (virtual freehold) instead of the present 90 years. The process would also terminate ground rent payments.

Where leaseholds currently have longer terms the tenant would be given the right to buy-out the remaining ground rent obligation nullifying any nasty rising ground rent clauses. Some of these have resulted in very high charges, for example, doubling every 10 years, making the leasehold virtually unsellable.

Currently when leaseholders want to join together to buy out their freehold, a statutory right, the process can be stymied if some of the leaseholders decline. The new recommendation is that in this case the freeholder is forced to ‘leaseback’ those flats in a block where they refuse to take part, so they pay less.

Service Charges, a pain for all leaseholders

The Commission has suggested that it should be made easier for leaseholders to take over the management of a block, taking the responsibility out of the hands of the freeholder and its managing agents and thereby helping residents to keep service charges down. This right would include buildings with up to 50% of the space devoted to commercial use, and the freeholder would pay its own legal costs.

Following Grenfell – Safety Charges

For those leaseholders occupying blocks of 18 metres or six storeys and above there’s the knotty problem of replacement cladding in many instances. Also, safety measures could include fire doors, signage and sprinklers which could cost those leaseholders affected around £9,000 each on average, but up to a maximum of £75,000. The managing agents and freeholders will in future be legally responsible for maintaining a building’s safety, but would not be liable for the cost of making it safe.

As a further concession to freeholders, as from 1^st August the planning rules are to be relaxed with permitted development rights (PDR) allowing those buildings built between 1948 and 2018 an extra two storeys of flats to be added on top. This applies to blocks with three to eight floors.

This last concession to freeholders has caused some controversy as not only will some constructions fail to meet minimum space requirements, leaseholders would face considerable inconvenience and loss of value of their own flats. This, regardless of the project being implemented as the mere right to do so will always be there, but converting to commonhold could be more expensive.

Leasehold reform in England and Wales: What’s happening and when?

Leasehold Enfranchisement – The Law Commission

Leasehold Property – UK Gov

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Ten Covid-19 scams to be on high alert for

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Using the coronavirus pandemic as an opportunity, fraudsters are using sophisticated methods to callously exploit people, with many concerned about their financial situation and the state of the economy. To coincide with the launch of its new animation urging people to follow the advice of the Take Five to Stop Fraud campaign

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Property Redress Scheme credits rise in complaints to increased membership

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The number of complaints against its members has increased by 51% in 2019 the Property Redress Scheme has revealed. The latest stats, released by the Property Redress Scheme on an interactive website, also reveal that the scheme saw rapid growth in 2019

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