Plans to outlaw landlords who refuse to rent to tenants with children

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Jersey has launched a consultation over plans to outlaw landlords who refuse to rent to tenants with children.

Social security minister deputy Judy Martin hopes to amend the Discrimination Law 2013 to protect families looking for homes on the island, which currently doesn’t protect people on the basis of age in relation to renting or buying property. Unlike the rest of the UK, a prospective or existing tenant can be discriminated against by a landlord based on whether they have a child or children under 18 living with them.

Says Martin: “I want to hear from everybody who may have been affected in the last few years. We do have a shortage of homes, so obviously if you then put conditions on those homes it will be worse for families and we don’t want anybody, hard-working Jersey families to not be able to get good, decent accommodation.”

Jersey Landlords Association (JLA) tells LandlordZONE that it’s in the process of putting together a response. The issue previously gained backbench support from members of the States Assembly when the law change was suggested three years ago, banning landlords from refusing to let to families unless they had proof the property was unsuitable. At the time, the JLA said the move was simply more legislation for a problem that barely existed, as only a very small minority of property owners didn’t let to tenants with children.

The new proposal would exclude some types of property such as accommodation reserved for people of a certain age, those in residential care homes, or registered providers of holiday accommodation. Landlords would also be able to take account of health and safety issues when considering new tenants.

The consultation is open until 30th April.

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39 rogue landlords and agents have been handed banning orders

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Only 39 rogue landlords and agents have been handed banning orders since local councils gained powers to report the worst offenders – 14 of these in the last year.

Offenders are added to the government’s rogue database and prevented from renting out properties, engaging in property management or letting agency work. However, despite declaring that there were 10,500 rogue landlords operating in the property market and that it expected more than 600 to make it to the database when the scheme launched back in April 2018, its target has fallen far short.

Many rogue landlords avoid banning orders despite having terrible track records. Earlier this year, Stanley Rodgers, 78, of Market Road Place in Great Yarmouth – who served a prison sentence during the early noughties over the deaths of two tenants – was in court again for a string of housing offences that put tenants at risk. Despite this, he was fined just £20,000.

Unlike London’s Landlord and Agent checker, which allows Londoners renting in the private sector to avoid firms and individuals, the national database is only a local council enforcement tool. To date, 25 local authorities have issued the orders and tenants’ groups say the low number of entries proves how ineffective it is. Advice service Tenants Voice adds that local authorities are too under-resourced to prosecute landlords who have issued unlawful evictions and that the police are usually reluctant to take action.

Shelter has called on the government to create an accessible national register of all landlords to help hold the sector to account and wants it to use the upcoming Renters Reform Bill to tackle problems. The government has promised to widen access to the database when the worst of the pandemic has passed.

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MP Andrew Rosindell has vowed to carry on his fight for tenants to keep their pets in rental properties

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MP Andrew Rosindell has vowed to carry on his fight for tenants to keep their pets in rental properties, even if his Bill doesn’t get time in Parliament.

Rosindell’s Dogs and Domestic Animals (Accommodation and Protection) Bill aims to give renters the right to live with their pet – provided they can prove they are responsible and caring. However, there may not be enough time to pass the law because the pandemic has led to a reduction in the number of parliamentary sittings; although it had its first reading in the Commons with cross-party support last year, no date has been set for a second reading.

The Romford MP says his Bill gives tenants and their pets the justice they deserve: an end to cruel and unnecessary separation, while protecting landlords from irresponsible owners. Rosindell vows he won’t give up on the issue if his proposals fail to become law and adds: “I will continue the fight for all the pets unnecessarily separated from their owners by ‘no-pets’ clauses.”

In January, the government updated its model tenancy agreement, aiming to end blanket bans on pets in rental properties. However, the agreement is voluntary and last month it hardened its position on the hurdles that tenants will have to clear before a landlord needs to allow pets into their property. Housing Minister Christopher Pincher explained: “A good reason for a landlord to decline a pet ownership request would be where a pet is demonstrably poorly behaved or unsuited for the premises in question, for example, a large dog in a small flat, or where other tenants have allergies to animals.”

The National Residential Landlords Association has called for the government to enable the level at which deposits are set to be more flexible to reflect greater risk.

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Staycations drive Holiday BTL choice

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The impact of the lockdown and lack of opportunity for international travel may well have incited consumers to consider staycations and, for those who are able to invest, a holiday let could seem appealing. The latest analysis by Moneyfacts.co.uk reveals a notable rise in the number of buy-to-let options for holiday let over the past six months

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Returning expat CGT liability on selling main residence?

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Having lived in our main residence for three years my family relocated and moved abroad for my husband’s work.

We are now back living in the UK and have been living in the previous main residence for the last twelve months.

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NEW Commercial to Resi Permitted Development Changes Use Class E

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A simple to understand video guide to the new PD for commercial to residential Prior Approval process exposing NEW opportunities and changes to existing processes – https://youtu.be/YVq3r_o9S7k

Robert Jenrick MP announced a package of measures to revitalise England’s cherished high streets and town centres.

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A rogue landlord whose HMO was dangerous and uninhabitable has been handed a £48,000 fine

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Tariq Javed, from Aylesbury, failed to comply with HMO regulations for his property on St Johns Road in the town, following regular inspections by Buckinghamshire Council officers from October 2019 to February 2020.

Javed was given multiple warnings that the house did not meet minimum standards. Officers found a long list of problems including a non-working fire detection unit, obstructed fire escape routes, trip hazards and a lack of lighting on staircase and other escape routes. The landlord failed to comply with notices to provide legal documents such as tenancy agreements and gas safety certificates. He also failed to comply with an improvement notice to bring the property up to an acceptable standard.

Javed did not appear before Buckinghamshire Magistrates Court to explain his actions and was fined £48,000 in his absence, which included more than £6,000 in costs. The magistrate said: “We believe Mr Javed exercises control and manages the property. Within the property hygiene was woefully lacking, it was uninhabitable. The kitchen was unfit for use, the gas supply was a risk and there was danger of electrocution.”

He added: “Importantly the escape routes were cluttered and dangerous due to trip hazards and a child could fall through the gaps in the staircase bannister.”

Nigel Dicker, service director for housing and regulatory services for Buckinghamshire Council, says: “Mr Javed failed in his duty as a landlord to provide decent, safe and clean accommodation for his tenants. He did not comply with legal requests from council officers to carry out the works needed to improve the property. We hope this substantial fine sends the loud and clear message to any landlord who puts profits ahead of people that we will always take action to protect our residents.”

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Landlords and letting agents have been advised to keep a paper trail of communication to avoid enforcement action

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Landlords and letting agents have been advised to keep a paper trail of communication to avoid enforcement action if they can’t meet the new Electrical Safety Standards that go live today.

All tenancies in England are now covered by the regulations that require landlords to ensure all fixed electrical installations are safe and maintained correctly – and face a fine of up to £30,000 if they don’t. However, the government recognises that Covid restrictions can mean it is more difficult to comply with the regulations and says: “For this reason, we have written guidance to address the concerns people may have about carrying out work during the pandemic to ensure that properties are kept in good repair and free from hazards.”

Propertymark has warned the government that the huge task of ensuring all rented homes comply in time was unlikely and that an “anticipated and widespread failure in compliance” would follow. Policy and campaigns manager, Timothy Douglas, says: “Importantly, due to the impact of the pandemic, where work is unable to be carried out, letting agents should document all activity relating to arranging, planning and scheduling work. Creating a paper trail of communication between tenants, landlords and electricians will help safeguard agents against any enforcement activity in order to show they have done everything they can to comply.”

Landlords must now have the electrical installations in their properties inspected and tested by a qualified and competent person at least every five years. This includes the ‘fixed’ electrical parts of the property, such as wiring, plug sockets, light fittings and fuse box along with permanently connected equipment including showers and extractors. They must then give a copy of the electrical safety report to their tenants and the local authority if requested.

The Management of Houses in Multiple Occupation (England) Regulations 2006 previously put specific duties on landlords around electrical safety but HMOs are now covered by these new regulations.

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Build to rent booms as US-style renting takes off in UK

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The UK’s build-to-rent sector could soon take a 20% share of the new homes market if it follows trends seen in the US.

New research from letting agent Ascend Properties reports huge growth potential in the sector where an estimated 11,723 build-to-rent homes – mainly apartments for professionals – are due to complete this year, a 22% increase in just four years.

The comparable Stateside build-to-rent model – known as multi-family – completions are set to top 327,718 units this year, a 19% jump from 2018.

Multi-family completions accounted for 23% of all new builds in the US that year, with this number staying consistent last year (22%), while in the UK build-to-rent accounted for just 4% of all new build completions in 2018, climbing to 6% last year.

However, Ascend believes this is an impressive rate of growth for a sector yet to fulfil its full potential and predicts this could change as the emerging market becomes more established.

Tailor-made

Both countries deliver tailor-made accommodation for long-term living within the rental sector, with a focus on community and plenty of amenities.

As the build-to-rent sector is growing fast, it won’t be long before it’s accounting for the same proportion of new builds in the UK, if not more, says MD Ged McPartlin. “A comparison of the multi-family model and the build-to-rent sector isn’t quite comparing apples with apples, but the ethos is very much the same and so is the end result,” he adds.

“The multi-family market is a trillion-dollar business and accounts for more than a quarter of all real estate investment in the US. While we have quite some way to go in achieving this sort of dominance in the build-to-rent sector, the sharp growth seen in recent years suggests we are well on our way.”

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Government to give go-ahead to convert empty shops into flats

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Under planning reforms to be introduced by housing minister Robert Jenrick, planning restrictions will be relaxed so that empty shops can converted more easily into housing.

In a drive to revitalise high streets, many devastated by long-term decline and more recently the impact of Covid with the shift to on-line shopping, full planning applications will no longer be required to convert shops into housing.

Under expanded permitted development rights (PDRs) developers will find it much easier to obtain permission to convert retail space into housing from this coming August.

It will also be much easier to change the use of empty retail and business spaces into other uses such as cafes or restaurants. Since their introduction in 2015, PDRs have allowed the creation of 73,000 housing spaces, conversions which otherwise would have been turned down under existing planning laws.

Closing stores

Now, with over 17,000 stores closing on Britain’s high streets, the government and local authorities are desperate to see a revival of the many devasted town centres up and down the country. One way to achieve that experts think is to encourage more town-centre living.

The package of measures being introduced by Mr Jenrick will also give additional planning rights for public buildings, for example, schools, universities and hospitals to expand their premises, without the need for detailed planning applications, under the PDR regime.

Currently homes, businesses and public authorities are allowed to build small extensions without the need for full planning applications under PDR, but these new rules will take this process a step further, allowing more flexibility in what is and is not allowed, making the planning process operate as a faster more streamlined service.

The Ministry of Housing, Communities and Local Government (MHCLG) has said converting unused business premises into homes will revitalise many run-down high streets by encouraging people to live, work and enjoy leisure in these locations.

MHCLG insists that this relaxed planning regime will not in any way lower standards, as basic planning and building regulations will still control how the premises are incorporated into, for example, retail space, and ensure that they provide adequate natural light and space standards.

Bounce back

Jenrick said: “We are creating the most small-business-friendly planning system in the world to provide the flexibility needed for high streets to bounce back from the pandemic.

“By diversifying our town and city centres and encouraging the conversion of unused shops into cafes, restaurants or even new homes, we can help the high street to adapt and thrive for the future.’

The Government, under this same legislation, is also seeking to safeguard important heritage assets such as statues, memorials and monuments by way of changes to existing permitted development regulations, to ensure that demolition of unlisted heritage assets must be approved by planners.

Seaports will also come under the PDR regime to give them the same development freedoms already enjoyed by airports when undertaking new developments.

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