Any case law of eviction prejudice against landlords?

admin    Uncategorized     agents

I am desperately trying to find anything I can use to show to the courts that ANY further delay in a possession claim (as caused by the courts themselves delaying making a final decision/or by the defence continually requesting delays to a hearing) is totally prejudicial to me the claimant.

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Can you transfer a section 21 notice to a new landlord?

admin    Uncategorized     agents

Hi, I am looking at buying a property with a problem tenant that won’t allow any viewings or valuations and I have been informed they have stopped paying the rent. I know we could just walkaway.

However, the current landlord served them with a section 21 notice last November to end in May we want to complete before April and wanted to know if can we use the notice that as been served or would we have to reserve notices?

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Firing Agent without T&Cs

admin    Uncategorized     agents

I had to fire a letting agent after he “misbehaved” with (my) clients´money and all trust was lost. I had to quickly appoint another company to manage tenants.

There is no signed Agreement or T&C´s from agent, only a very simple letter instructing him some years ago: 10% commission

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LATEST: Welsh landlords to face six-month notice periods for ‘no fault’ evictions

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New legislation has been introduced to give Welsh tenants more security and to help avoid disputes with landlords.

The Renting Homes (Amendment) (Wales) Bill means that from Spring 2022, more simplified and standardised rental contracts will be available for a minimum of 12 months, with model contracts available.

Minimum notice periods will also be extended from two to six months in the case of no-fault evictions, with landlords only able to serve notice six months after tenants have moved in.

Although the notice period is going to be longer, Welsh landlords will still be able to repossess their property if a tenant is in breach of contract.

Housing and local government minister Julie James (pictured) says the law will directly affect the one in three people who currently rent in the region, making it fair, simple and efficient. 

Says James: “Thanks to our efforts, tenants will have greater peace of mind when renting. Everyone has the right to feel secure in their own home and to be able to plan for the future.”

She adds that there will also be clear benefits for landlords. “Clearer and easier to understand contracts will reduce disputes and legal costs and the new regime will provide a better way for landlords to deal with abandoned properties.”

David Wilton, chief executive of tenant advisory service TPAS Cymru, agrees that the new contracts should make it clearer for tenants and landlords to understand their respective rights and responsibilities.

He adds: “We particularly welcome the new protection measures which provide greater security regarding improved notice periods and offer flexibility should tenants’ circumstances change.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – LATEST: Welsh landlords to face six-month notice periods for ‘no fault’ evictions | LandlordZONE.

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Available options in 2021 for First-time Landlords

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The latest research from Foundation Home Loans indicates that the imminent, although possibly extended end to the stamp duty holiday is unlikely to deter landlords from further purchases this year, the latest data from Moneyfacts.co.uk explores what those considering investing in the sector as a first-time landlord (FTL) may find.

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LATEST: NRLA calls for upgrade tax breaks as Green Home Grants struggle

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The low take-up among homeowners and landlords of the government’s Green Homes Grant has been laid bare.

Energy Minister Annie-Marie Trevelyan told parliament yesterday that just 74,317 applications have been made for the controversial voucher scheme and that so far only 23,553 had been issued.

This follows a stinging rebuke for the scheme from the parliamentary Environmental Audit Committee which, as we reported last week, said its delivery by an outsourced company in the US had been ‘poor’.

Tax reform needed

This has prompted the National Residential Landlords Association (NRLA) to call for reform of the tax system to support landlords who want to upgrade their properties ahead of next week’s budget statement.

“Given that over 32 per cent of properties in the private rented sector were built before 1919, it faces a huge challenge in making homes energy efficient when compared with any other housing sector,” the NRLA says.

“The Government has committed to upgrade as many private rented sector homes as possible to Energy Performance Certificate (EPC) Band C or better by 2030. Currently, 62 per cent have an EPC rating of D or lower.”

In reality the government is proposing to push more of the financial burden of achieving Band C onto landlords which includes raising the minimum contribution by landlords from £3,500 to £10,000.

Offset costs

Instead, the NRLA wants landlords to be able to offset upgrade costs against their tax bill when they purchase or repair a property, rather than against CGT much further down the line, which is currently the case.

“For example, replacing a broken boiler is tax deductible [but] replacing an energy inefficient model for a more efficient boiler or heating system is not,” it says.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – LATEST: NRLA calls for upgrade tax breaks as Green Home Grants struggle | LandlordZONE.

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Landlords to get three more months to complete purchases before stamp duty cut-off

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Speculation that the stamp duty holiday could be extended until the end of June has been hailed as good news for landlords, although there are fears it could create another cliff edge when it’s finally lifted.

Chancellor Rishi Sunak is reportedly set to extend it by three months, in line with the easing of lockdown restrictions, amid concerns that it would otherwise create a cliff-edge, jeopardising hundreds of thousands of sales.

The Office for Budget Responsibility has forecast that there will be a significant slowing of the housing market if the holiday comes to an end on 31^st March and that house prices could drop by more than 8% this year.

However, Mark Hayward (pictured), chief policy advisor at Propertymark, says although he welcomes the news, extending the holiday will create another cliff edge.

He adds: “We know from our own research that the majority of estate agents expect to see an increase in the number of failed sales if the stamp duty holiday ends at a cliff edge so we need government to consider a tapered end to the holiday so that buyers aren’t forced to pull out at the last minute and the property market can continue to thrive.”

Questions also remain over whether the rumoured extension will apply to new buyers or only those caught in the transaction pipeline.

Earlier this month, a LandlordZONE poll revealed that nearly two-thirds of landlords want Chancellor Rishi Sunak to extend or modify the current stamp duty holiday.

It currently doesn’t include the 3% ‘second home’ tax still levied on anyone buying a property that isn’t their main residence, which is still payable. The National Residential Landlords Association is calling on him to remove this, or risk a supply crisis in the rental market.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Landlords to get three more months to complete purchases before stamp duty cut-off | LandlordZONE.

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32% of PRS stock built before 1919

admin    Uncategorized     agents

The NRLA says the tax system is in urgent need of reform to support energy improvements to rented housing.

It comes as MPs on the Environmental Audit Committee last week concluded that the delivery of the Government’s flagship Green Homes Grant scheme has been “poor”.

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