Six month tenancy notice made permanent in Wales

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Legislation has been passed in Wales that extends the amount of notice landlords must give to their tenants, from the two month s21 period, to six months.

The Renting Homes (Amendment) (Wales) Bill means (because notice cannot be served within the initial term) that the minimum contract a tenant can be given in Wales will be 12 months.

The legislation makes permanent changes brought in during the pandemic which were designed to to prevent people becoming homeless.

The Welsh Government says that tenancy contracts are also to be “simplified and standardised”, and would give tenants “more protection, stability and security in their homes”. Landlords would still be able to repossess properties if a tenant breached their contract, it says.

However, Association of Residential Letting Agents (ARLA Propertymark ) has described the move as a “hammer blow” for Welsh landlords.

Angela Davey, ARLA Propertymark president, says:

“The Welsh Parliament’s approval of the Renting Homes (Amendment) (Wales) Bill will introduce significant changes to the way the private rented sector operates in Wales. Collectively, having one standardised legal framework is going to enable everyone to operate in exactly the same way, giving clarity on rights and responsibilities through standard written contracts.

“While in some cases these changes will provide more financial security for landlords, it also means it will take landlords 12 months to reclaim their property in the case of ‘no fault evictions’ which is a hammer blow to the sector. We call on the Welsh Government to now stick to its commitment for at least a six-month lead time, or longer, in light of Covid to allow agents and their landlords in Wales to prepare for the upcoming changes.”

Welsh housing and local government minister Julie James has said landlords will get “clearer” contracts that will “reduce disputes and legal costs. It will directly affect the lives of the one-in-three people who rent a home in Wales.”

David Wilton, chief executive of TPAS Cymru, formerly the Tenant Participation Advisory Service (Wales) has welcomed the change. He says:

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

Jennie Bibbings, Shelter Cymru’s housing campaign manager has said that her organisation has long campaigned against no-fault evictions, where landlords evict without a reason.

“Although the Welsh Government’s new legislation won’t end it entirely, it will improve the situation for tenants because they will know that, as long as they pay their rent and look after their home, they will have a minimum of one year knowing they can’t be evicted,” she says.

The National Residential Landlords Association’s Calum Davies has said that his organisation is “glad” the Welsh Government had not banned no-fault evictions. He has commented that the legislation could lead to “negative consequences”, including landlords leaving the market.

“The implication of this is it would decrease housing supply at a time when people are more dependent on private rented housing,” This legislation, he says, “encourages landlords to go to court to seek possession when they sadly have no confidence in such a slow justice system”.

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Tax Free Interest On Your Directors Loan

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When lending to your company, you can now charge interest on Directors Loans, offset the interest as a company expense and pay no tax on receipt of the interest.

Your accountants might tell you this cannot be done

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LATEST: Changes to Model Tenancy are ‘causing confusion’, says pets expert

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A leading expert in the world of pets and renting has told a webinar today that the government’s recently-updated voluntary Model Tenancy Agreement is causing confusion among renters many of whom now think – wrongly – that the law has now changed in their favour.

It’s easy to see why some tenants are confused – the language used by ministers when the changes were announced on January 28th were quite emphatic: “Through the changes to the tenancy agreement we are making today, we are bringing an end to the unfair blanket ban on pets introduced by some landlords.” 

But adoption of the new model tenancy and its new terms and conditions are voluntary and not mandatory.

The comments about the confusion were made during a Zoom webinar this morning held by MP Andrew Rosindell after Covid restrictions in parliament put the kibosh on the second reading of his Dogs and Domestic Animals (Accommodation and Protection) Bill.

This now means the bill stands only a slim chance of becoming law, and was not even referred to when housing minister Chris Pincher replied to a question in parliament yesterday on the subject, saying that the updated Model Tenancy Agreement struck the correct balance between “protecting private landlords from situations where their properties are damaged by badly behaved pets whilst ensuring responsible pet owning tenants are not unfairly penalised”.

Wrong impression

But several of the pet campaigners, enthusiasts and experts who spoke at Rosindell’s webinar reported that many tenants now believe they have a right to have a pet in their rented home.

“The recent changes to the model tenancy agreement are a positive step as the government clearly acknowledges something needs to be done, but it has unintentionally caused a lot of confusion and problems,” says Gabby Kuehn of social platform Paaw House, who herself is a landlord (pictured above, to left).

“We’re not in a situation where people looking for rented accommodation feel that it’s a given that they can take pets into their properties, and landlords feel like they are being ‘told what to do’ with their own property.

“Legislation that balances the interests of both, which Andrew Rosindell’s bill achieves, is so important.”

Read the full text of Rosindell’s Bill

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Walsall Council wrongly Interpreting-Changing Housing law and fining Landlords

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A landlord mate has sent me the below issues with Walsall Council and has asked for anyone’s help/experiences:

Have any of you had any trouble with the pilot EPC/MEES scheme that Walsall Council has undertaken.  In brief, they are issuing landlords with Compliance Notices with £5000 fines if you don’t comply. 

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TAX RAID: This is Rishi’s expected CGT swoop on personal and LTD portfolios next week

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Most landlords would have to fork out an extra £6,800 in tax when selling up if the Chancellor hikes up the rate of capital gains tax (CGT) to bring it in line with income tax during his March 3rd budget.

Hamptons International says the average landlord who sold their buy-to-let property in England and Wales this year made a gross capital gain of £69,000, having owned it for nearly ten years.

For a higher rate taxpayer, the increase in CGT tax rate – from 28% to 40% – would see their bill go up from £15,880 to £22,680 – assuming they can make use of their £12,300 CGT allowance. For a lower rate taxpayer, the CGT bill will rise from £10,210 to £11,340.

In another tax hit, Rishi Sunak is expected to raise corporation tax from 19% to as much as 24%, which will mean it would no longer be worth incorporating properties for some landlords.

Tax crackdowns

Record numbers made the switch last year after previous tax crackdowns have made it increasingly unprofitable to own a buy-to-let in their personal name; according to Hamptons International, about 229,000 buy-to-let businesses are now run using a company,

Under this new regime, buy-to-let owners who’ve moved their property into a company structure would see their corporation tax bill jump by more than a quarter, says Hamptons.

The average limited company landlord who owns one buy-to-let worth £190,000 will see their annual tax bill rise 26% from £968 to £1,223. 

This means their annual net profit will fall from £4,129 to £3,874 – still outweighing a higher-rate taxpayer who owns their buy-to-let in their personal name who would earn a net profit of about £3,203. 

Head of research Aneisha Beveridge (pictured) says: “Most landlords will still benefit from incorporating, but they’ll have to do their homework on the additional costs associated with setting up and owning a limited company buy-to-let portfolio.  It does mean however, that for low-rate taxpayers, it’s probably not worth it.”

Visit Hamptons International.

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‘There are too many landlords in the PRS’, leading figures tell Scots law makers

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Housing experts have made controversial calls for a ‘slimmed down’ Scottish private rented sector with fewer private landlords in order to better serve tenants on low incomes.

During a local government and communities committee meeting to discuss the stalled Fair Rents Bill, MSPs heard that the sector was currently serving people it wasn’t intended to.

MSP Pauline McNeill’s bill would cap rent rises at 1% above inflation and give renters protection against excessive or unfair rent increases.

Gordon Maloney, national committee member at Living Rent, said the sector needed to be shrunk. “If one of the consequences of reducing rents is that landlords choose to sell properties, perhaps to families currently renting who would much rather buy, I think that’s something we should welcome and embrace.”

He added that the power imbalance between tenants and landlords had grown over the pandemic.

“Some landlords have acted disgracefully, hiking rents, refusing to make repairs, treating tenants appallingly,” said Maloney.

Tony Cain, policy manager at the Association of Local Authority Chief Housing Officers, agreed that the sector was too big.

“We need to transform the housing market,” he said. “The private rented sector doesn’t focus much on service quality and tenants’ interest, but on landlords’ rights and their interests. That culture needs to be changed.”

Although he agreed there needed to be a larger social rented sector, John Blackwood (pictured), chief executive of the Scottish Association of Landlords, said both tenants and landlords would be adversely affected by the bill.

“Landlords rely on rental income to maintain and upgrade property – any limit on rent will affect investment,” said Blackwood, who added that it could also lead to higher rents.

However, Living Rent’s Maloney said landlords shouldn’t have the expectation that if they made an improvement they could increase the rent. “The relationship between rent and quality should be more of a stick [than a carrot] and tenants should be able to force repairs.”

Watch the debate.

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LATEST: Cross-party parliamentary group urges housing secretary to support struggling landlords

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A cross-party group of MPs and peers has called on the government to financially support struggling landlords and to protect hard-hit renters. 

Twenty Labour, Liberal Democrat and Green Party MPs and three peers including Stephen Timms, Tim Farron, Caroline Lucas and Diane Abbott, are urging the government to bring forward the Renters Reform Bill to make sure landlords can’t use no-fault evictions during the pandemic or in its aftermath.

In a letter to Housing Minister Robert Jenrick, they add that that in instances where Local Housing Allowance doesn’t cover the rent arrears, local authorities should be provided with ring-fenced funding to provide grants. 

The MPs also suggest that support should be made available to landlords at serious risk of financial hardship.

The letter says: “We welcome the suggestion from Generation Rent that landlords should be able to claim for up to 80% of lost rental income and that local authorities should be able to prioritise grants to those landlords who have no other income or savings, have a mortgage, or have tenants who are in serious arrears.”

Generation Rent is also calling on the government to create a Covid Rent Debt Fund to clear rent arrears, particularly in light of new DWP figures which show that more than 715,000 households could not cover their rent in full with the Local Housing Allowance.

Alicia Kennedy (pictured), director of Generation Rent, says: “The government’s inadequate support for private renters is pushing families deeper and deeper into debt, with homelessness and destitution awaiting once the crisis of the pandemic clears.”

However, responding to proposals for tenants’ loans to help clear rent debt, Amina Gichinga from London Renters Union, adds: “Government backed loans would help underwrite landlord profits but would leave renters pressured to take on massive debt repayments they can’t afford.”

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