NEW INDEX reveals Welsh licensing ‘postcode lottery’ for landlords

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Landlords’ experiences of patchy licensing standards enforcement across the UK is well known but now the NRLA has published solid data showing how those operating in Wales face a ‘postcode lottery’.

The organisation has published its inaugural Welsh Enforcement Index that ranks the country’s councils according to their efficiency both enforcing housing standard and administering licensing in the private rented sector.

This report, which has been several years in gestation, includes the shocking revelation that councils in Wales who charge the most for property licensing are often the slowest at processing applications, one of the key bugbears of many landlord who are forced to licence their properties.

Also, the report reveals a ‘regulatory gap’ between an introduction of licensing regulations and enforcement at a local level – suggesting councils are good at voting through selective and additional licensing schemes but not so good at getting tooled up to administer them.

The NRLA has scored each of Wales’ local authorities based on staff levels, inspections, PRS complaints, licence costs and licence processing efficiency.

Denbighshire, Gwynedd and Flintshire Councils scored highest on the Index and Monmouthshire and Powys ranked lowest in the Enforcement Index (see full list below).

“Overall whilst there is cause for optimism in some Welsh regions, the application of the rules is inconsistent and this is a situation which must be addressed urgently,” says John Stewart (pictured), Deputy Director of Policy and Research at the NRLA.

“What our research underlines is the need for better, more efficient enforcement of existing regulations before we take steps towards the introduction of new rules.

“We hope that this Index can serve as the basis of a wider discussion on how Wales’ local authorities can play a bigger role in the development of a fairer, better functioning private rented sector.”

Read the index in full.

A similar index for England is expected to follow.

Full list by local authority

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Tickets going fast as Paul Shamplina joins Landlord Sales Agency’s David Coughlin for the first time in The Ultimate Landlord Show

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It’s the upcoming online event that’s got everyone talking, and with just days to go, if you’re a landlord, now is the time to make sure you’ve registered your ticket to attend.

This Wednesday 26^th May, see LandlordZONE’s Paul Shamplina and David Coughlin, two of the biggest titans in the Landlord sector, share their secrets, reveal the truth behind how to generate wealth and success right now, and weigh in on answering some of the most important Landlord questions you should be asking.

The event promises to cover everything from the boom in house prices, gazumped buyers and dives deep into exactly why a surge of Landlords are wanting to get out of the market and sell their portfolios, and how they’ve overcome eviction bans and delays. Plus find out why right now is an opportunity for Landlords that happens only once every 20 years.

Places are limited, so if you’re a landlord you’ll want to make sure you’re part of the action. To register your FREE VIP ticket, only available via LandlordZONE click on the link below:

https://attendee.gotowebinar.com/register/2393536073481700110

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LATEST: Councils ask ministers to tackle rent arrears as evictions ban end looms

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London boroughs have warned of an imminent summer wave of homelessness in the capital as the end of the evictions ban looms.

Homelessness previously peaked in 2005 when there were 63,800 households in temporary accommodation, but with 60,680 London households already in temporary accommodation, boroughs fear new records could be set this year unless the government increases investment in homelessness prevention.

London Councils points to a triple whammy of upcoming risks: high unemployment and rent arrears, the lifting of the eviction ban on 31st May, and uncertainty over homelessness funding.

Even before the pandemic, it had highlighted the unsustainable growth of homelessness costs in the capital, spending £1.1 billion on homelessness services in 2019/20.  

It estimates there are 165,000 homeless Londoners living in borough-provided temporary accommodation, accounting for two-thirds of England’s total. 

Almost 70% of London households in temporary accommodation have at least one child, with the most recent figures putting the figure at 90,000 children.

Councillor Darren Rodwell (pictured), London Councils’ executive member for housing and planning, says: “Boroughs are doing everything we can to tackle homelessness in the capital, but ultimately we need the government to rethink its welfare policies and to boost long-term funding for local services if we’re to reverse these disastrous trends.”

London Councils is calling on the government to confirm both short-term and long-term funding arrangements, to end the five-week wait for Universal Credit payments to begin and to make sure Local Housing Allowance continues to match the cost of renting in London.

It also wants it to restore government funding for councils’ local welfare assistance schemes supporting residents in financial crisis and – with 243,000 London households on boroughs’ housing waiting lists – to improve councils’ resources for building social housing.

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‘White paper will usher in biggest changes to private rented sector in 30 years’

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Many landlords may not realise it, but within 18 months those operating in England and Wales will have to register with a redress scheme, be recorded on national database and embrace a new, portable ‘lifetime deposit’ for tenants in order to be legal.

That assumes the government’s renting reform White Paper, which is being published this Autumn, turns the proposals outlined in the Queen’s Speech into legislation as planned, most likely in early 2023 but maybe sooner, and usher in the biggest changes to the private rented sector for over 30 years including the much-discussed ban on Section 21 notice evictions, as the NRLA’s Ben Beadle (pictured) puts it.

“We urge the Government and all others in the sector to use the time they now have to ensure that the reforms are fair and workable for both tenants and landlords,” he says.

Both redress and a landlord database will require substantial bureaucracies and funding to operate effectively and will bring usher in substantial new red tape for landlords to navigate.

“The Queens Speech talks of enhancing the rights of those who rent with a desire from the UK government to introduce a set of measures to ‘hold bad landlords to account’,” says Timothy Douglas, Policy Manager, Propertymark.

Propertymark has long campaigned for a database of rogue landlords and property agents operated by MHCLG to become publicly available.

It says this is important to help National Trading Standards, the redress schemes and local authorities join up the circle of intelligence for enforcement; landlords and tenants need to know if they are renting or letting through a banned agent and agencies will be able to vet future employees.

“With regards to ensuring all tenants have a right to redress, the UK Government must prevent ‘double jeopardy’ and only extend redress membership to landlords who do not use an agent to fully manage their property,” says Douglas (pictured).

“There were also hints of a landlord register [in the Queens Speech], but the UK Government must ensure existing data across the sector is not duplicated and there is a joined-up approach.”

Complicated

There are similar worries about the government’s ‘lifetime deposits’ proposals which, although laudable, are likely to be complicated to implement.

“Whilst we will work constructively on the detail of the proposal, it is vital that the new system in no way discourages landlords from making valid claims for damage to properties,” the NRLA says. “It is especially important that at no point in the process under such a scheme is a landlord faced with a tenant not covered by a full deposit.

“This could arise when a tenant transitions from one rental property to another, and where part or all of the deposit they paid is required or is being disputed as a result of damage to a property. The scheme must protect the new landlord under such circumstances.”

Sean Hooker, who is Head of Redress at the PRS (pictured), recommends bringing together the existing elements already in place and plugging the gaps, without having to reinvent the wheel and set up a “whole new system at potentially great cost and burden to the sector”, he says.

“Some form of unified register is definitely needed, so tenants and enforcement agencies can identify who landlords are and the properties they rent out, redress should be available for all tenants regardless of whether the property is managed by an landlord or an agent or whether there is deposit involved, or a no deposit alternative or nothing is in place.

“Once this framework is set up it would be a relatively easy task, through data sharing with for example the deposit schemes, redress schemes, client money protection insurers and local authority licencing, for a comprehensive list to be produced with little need for a separate process for most landlords or agents to undertake.”

Publicly accessible

Hooker says that from this base things like property condition reports and a publicly accessible rogue landlord and agent list would be relatively easy to incorporate.

“You could also look to have a single access to complaints which the Redress Reform Group was looking at and yes, the regulation of property agents.”

The one exception to the database will be that Wales already has one via its Rent Smart scheme.

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Office of Tax Simplification recommends 60 days to pay CGT

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The Office of Tax Simplification’s (OTS) second report recommends that the government consider extending the reporting and payment deadline for the UK Property tax return from 30 days to 60 days. Click here

The second report said:

Around 150,000 individuals make a disposal of UK residential property each year

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‘Give property sellers more time to pay their CGT’ says official report

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An official review of the Capital Gains Tax (GGT) has recommended that those selling property should be given 60 rather than 30 days to report and pay their CGT or that estate agents and conveyancers should mandated to distribute information to their clients about the tax.

This is the recommendation from the Office of Tax Simplification (OTS), which has now published its second report on CGT following initial recommendations published in November last year.

This would give the 150,000 people who report their property sale to the tax authorities each year more time to work out if they are due to pay CGT, and for the 85,000 who are usually liable to pay it more time to file their UK Property tax return.

“The former approach would simply create a longer window, and the latter more subtly by making taxpayers aware of their obligations earlier on and so giving them more time to prepare in advance of the sale,” its report says.

“The predicted cash flow effect on the Exchequer in the 2021-22 tax year of extending the deadline to 60 days in estimated to be approximately £105 million.

“The cost would come down significantly in subsequent tax years, and this figure needs to be considered in the context of the £935 million that this policy change raised in tax year 2020-21.”

Chris Norris, Policy Director (pictured) of the National Residential Landlords Association says: “Landlords should always ensure they meet all legally required deadlines to pay tax.

“That said, today’s report from the Office for Tax Simplification demonstrates a woeful lack of communication and consideration by HMRC about what is expected of those liable for the tax.

“It adds weight to the argument that the seemingly arbitrary, 30-day deadline has created more problems than it solves.  We would support the OTS in recommending an extension to 60 days to avoid landlords missing a shorter deadline, potentially through no fault of their own.”

There are three main ways of reporting a capital gain – through Self Assessment, the UK Property tax return, and the ‘real time’ Capital Gains Tax service.

The OTS has recommended changes to each of these but the” overarching recommendation is that these should be brought together in the Single Customer Account”.

Read the report in full.

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Charity now working with five councils to help tenants ‘get tough’ on rogue landlords

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Campaigning group Generation Rent has joined forces with five local authorities to help private tenants stand up for their rental rights and get tough on rogue landlords.

It is partnering with Dundee City Council, East Suffolk Council, Gedling Borough Council, London borough of Newham, and Newport City Council to find ways the councils can be more responsive to issues and concerns, and to develop policies to better support renters, such as through enforcement or landlord licensing.

It says that while many councils around the country have landlord forums, very few have formal structures to hear from private renters.

Councils have powers to tackle unsafe homes but, according to a Survation poll, when asked what they would do if their home felt unfit to live in, private renters were more likely to try to find somewhere else to live (44%) than seek the council’s help (35%).

Alicia Kennedy (pictured, top), director of Generation Rent, says: “These local authorities have recognised the important role councils play in supporting private renters, and now want to improve the way they represent and engage private renters.

“We hope this joint work will develop new models of engagement that can be shared and built upon by other local authorities.”

Key issues

Gedling Council aims to gain a better understanding of the key issues private renters are facing, says council leader John Clarke: “We’re already working with landlords on this through our selective licensing scheme, but it’s vital that we also engage with residents who are renting these properties, to get their views and plan how we can improve our services for them.”

Renters in these areas are being asked to take part in an online survey to share their renting experiences in the project which is funded by the Joseph Rowntree Reform Trust.

Read more about Generation Rent.

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Landlords: Get ready for torrential downpours and strong winds

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We may have avoided the April showers this year, but May is more than making up for it. Many parts of the UK have already seen in excess of double their normal rainfall for the whole month as torrential rain has swept across the country. In the short term at least, the weather is stuck in an unsettled, turbulent pattern.

With more drenching downpours and thunderstorms forecast this week, the Government has issued a number of flood alerts and the Met Office has weather warnings in force for strong winds in the south and south west of England on Thursday and Friday.  

Steve Barnes (pictured), Associate Director at Hamilton Fraser Total Landlord Insurance, is urging landlords to be prepared:

“During periods of unsettled weather like we are experiencing at the moment, with water levels already very high and more rainfall forecast, as well as strong winds, preparation is everything. If you take the right preventative measures and have comprehensive landlord insurance in place, you can be confident that you’re doing all you can to protect your tenants and your business. It’s also really important to communicate with your tenants.

Ask them to alert you to any repairs that might put your property at greater risk of damage, and make sure they know what to do if your property is affected by flooding or storm damage. Landlords with high-risk properties should prioritise investing in home improvements as well as increasing their insurance protection.”  

Prepare for flooding by planning ahead

With river levels having risen in parts of the UK, such as on the River Wey, as a result of sustained heavy rainfall, flash floods are possible in certain areas. According to the most recent CCRA report, an estimated 1.8 million people are living in areas of the UK that are at significant risk of coastal, surface or river flooding. 

But it’s important to realise that it’s not just properties in riverside or coastal areas that are susceptible to flooding.

Severe flooding can happen without warning as heavy rain, particularly on already saturated ground, can lead to rising groundwater causing burst water mains and backed-up sewers, resulting in surface water that could have a devastating impact almost anywhere, making properties completely uninhabitable and leading to serious repercussions for landlords and tenants.

Last year the Environment Agency launched a campaign to highlight the impact of flood damage on mental health, advising people of the importance of signing up to flood alerts. Low income households are amongst the most at risk of flooding and 61% of low-income renters don’t have home contents insurance.

It’s important as a landlord that you do all you can to protect both your property and your tenants, by taking the following steps:

Although floods can happen anywhere, it’s worth finding out if you’re at high risk. This should be your first step. Enter your postcode to find out if you’re in an area at risk from flooding

• Forewarned is forearmed – make sure you sign up for flood warnings. These will warn you of the risk of flooding from rivers, the sea and groundwater. You’ll be alerted by phone, email or text when flooding is expected

• Prepare your tenants – provide all tenants in at-risk areas with a decent supply of sandbags and make sure tenants always inform you if repairs are needed so that you can minimise the risk of damage in severe weather. In the event of a flood, make sure your tenants know what to do – for example, how to turn off the gas, electricity and water

• If your property is in a high risk area, it is worth taking extra precautions to minimise flood damage:
• Raising the height of electrical sockets on the ground floor and raising electrical goods above the floor on high shelves or wall mounts 
• Replacing wooden window frames with more durable UPVC
• Waterproofing the doors and skirting boards, as when wood gets wet it can rot
• Fitting waterproof ceramic or stone flooring rather than wooden boards and carpets
• Sealing around external doors and windows

• Check your insurance – make sure your landlord buildings and contents insurance includes flood damage and make sure your tenant knows that it’s their responsibility to protect their belongings with their own contents insurance

Find out more in Hamilton Fraser Total Landlord Insurance’s comprehensive guide, Measures that must be taken to prevent flooding in your properties.

Prepare for strong winds

With strong winds forecast in some areas as well as more heavy rain, landlords should also be making sure their properties are protected from storms. The most common hazards associated with storms are roof tiles cracking, trees falling, flooding and fences collapsing. Over the past five years, 71% of Hamilton Fraser Total Landlord Insurance’s storm claims have been for roof damage, with an average claim of £1,154, typically as a result of high winds causing tiles to fall off the roof.

If you’re unable to access your property yourself, you should contact your tenant to check that everything is in order and secure. Here are some tips to help you prepare your property to limit the impact:

• Check loose roof tiles and guttering
• Secure loose objects such as ladders, garden furniture, plant pots, children’s toys or anything else that could be blown into windows or cause other damage in high winds

• Store lawnmowers and other electrical garden items away to prevent them from getting damaged
• Reinforce windows if a very severe storm is predicted – plywood is a cost-effective way to do this
• Make sure tenants close and securely fasten all windows and doors

You can find out more in Hamilton Fraser Total Landlord Insurance’s guide, Protecting your rental property from storms.

With this unsettled weather set to continue over the next few days, landlords should make sure they keep an eye on the weather so that they can assess their level of risk and be sure to check in with their tenants. Taking emergency preventative measures will reduce the risk of damage to your property, as well as helping protect your tenants and passers-by, for example in the event of a roof tile coming loose, falling off your property and causing damage or injury.

As a valued LandlordZONE reader you’re entitled to 20% off Hamilton Fraser Total Landlord Insurance’s policies, call the team today on 0800 63 43 880 quoting code LZ2021 or get a quote online in under 4 minutes. 

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I want to help my wonderful tenant moving to Exeter

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Hi, my tenant is currently in N. Wales, single educated lady with 2 dachshunds and working as a teacher. She is moving to the Exeter/Devon area after 16 June and cannot find a property.

She has been a wonderful tenant for 3 years with no issues

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Landlord fined over unlicenced ‘hot-bed’ HMO used by 20 Romanian shift workers

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A rogue landlord has been fined for allowing 20 people to live in her unlicensed HMO.

Siddika Begum, of Hawthorn Close in Salisbury, admitted the offence, as well as falsifying information and failing to provide gas, electrical and fire safety certificates for the property – also in Hawthorn Close.

Swindon Magistrates Court heard that the three-storey house in a residential road was continually occupied from March 2019 to September 2020 by up to 20 Romanian adults and their children, many of whom were local shift workers using it to ‘hot-bed’. 

Wiltshire Council reported that the property was overcrowded and unregulated. Not only did it pose a potential health and safety risk to the occupants, but the neighbours were also impacted by significant levels of anti-social behaviour, large amounts of domestic waste causing rats, together with fly tipping and various motor offences including a large number of unpaid parking fines. 

During the investigation, Begum denied that the property was being used as an HMO and claimed she lived there with a couple of friends, despite evidence to the contrary. She was fined £3,104 and ordered to pay costs of £1,224, plus a victim surcharge.

Councillor Phil Alford, cabinet member for housing says: “The evidence required to take this case to prosecution couldn’t have been achieved without the assistance of many different agencies, including Wiltshire Police and was particularly challenging given the Coronavirus situation at the time.”

Read more news about HMO licensing.

Read more about licensing HMOs.

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