Previous HMO usage disqualified on a technicality?

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One of our landlords has a licenced HMO located in a restrictive dwelling conversion ward. With an Article 4 Declaration in place, no new planning permission is being given for use as a C4 HMO. Not a problem except that this landlord converted the property into 8 unauthorised studio flats and has now been found out and told to dismantle the internal partitions.

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Will England follow suit? Scots Landlords welcome £10m rent arrears grant scheme

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Landlords have welcomed another cash boost for Scotland’s struggling tenants aimed at ensuring eviction is used a last resort.

A new £10 million grant fund to support those needing help to pay their rent as a direct result of Covid follows the launch of its £10 million tenant hardship loan fund last December, offering an interest free loan.

Last week, it extended its evictions ban to 31st March 2022, with the potential to be extended until 30th September 2022.

The Scottish Association of Landlords says its members have been working closely with tenants to reduce rents and write off arrears wherever possible and that the overwhelming majority of tenants and landlords are working together to sustain tenancies during the pandemic.

Chief executive John Blackwood (pictured) adds: “We welcome the Scottish Government emphasising that tenants have a responsibility to pay their rent and encourage landlords to work with their tenants and always treat eviction action as a last resort.”

Housing Secretary Shona Robison says the grant fund will be available later in the year and that it will work with stakeholders over the coming weeks to develop the details.

“We have been clear from the outset that eviction action must be an absolute last resort,” says Robinson.

“When landlords are flexible with their tenants, signposting them to the range of financial support that is available and coming to agreements to prevent and manage rent arrears, this sustains tenancies and keeps people in their homes, benefitting everyone.”

Ministers have promised to explore policies and financial support available for supporting sustainable tenancies and to work to improve their understanding of those evictions that do take place.

A new campaign raising awareness of tenants’ rights will launch by the end of the year.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Will England follow suit? Scots Landlords welcome £10m rent arrears grant scheme | LandlordZONE.

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End to Green Homes Grant scheme is ‘fiasco’ says leading landlord

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Landlords hoping to use their Green Homes Grant vouchers could be disappointed as some builders are warning they won’t be able to do the work in time to meet the scheme’s expiry deadline.

The government scrapped the scheme in March, just over six months after its launch, and vouchers are only valid for three months from the date they are issued – the last date being 30^th April – and need to be redeemed before then.

Nottingham landlord Tricia Urquhart tells LandlordZONE that despite holding vouchers to fit external wall insulation in her three Victorian properties, the work won’t be done because the builder can’t schedule it before October.

She says: “The scheme has been a complete fiasco and the chances of these houses making EPC C has just been slashed.

“In the same week as it was announced that a new oil drilling station is to go ahead off Shetland, with all the carbon emissions associated with that, it seems inconceivable that the government should close down a scheme aimed at reducing emissions in the PRS.”

Landlords can request an extension until 31st July and vouchers will be extended for 90 days or until 31st October, whichever is soonest.

Limited circumstances

Requests received after 31st July will only be granted in more limited circumstances – usually if work has started – although if they have a voucher for solid wall insulation (internal or external), park home insulation, air source heat pump, ground source heat pump, hybrid heat pump, or a biomass boiler issued after 30th April, they may still be granted an extension even if work hasn’t started.

In these circumstances, vouchers will be extended for 90 days or to 30th November, whichever is sooner.

The government says: “We recognise that occasionally, once work has started, circumstances may arise that are fully beyond your control. In such a situation please contact the scheme administrator as soon as possible to assess if a short extension until 30th November at the latest could be considered – subject to circumstances.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – End to Green Homes Grant scheme is ‘fiasco’ says leading landlord | LandlordZONE.

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BREAKING: Scots parliament approves controversial extension to eviction restrictions

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The Scottish government has extended its evictions ban in everything but name after rushing through its The Coronavirus (Extension and Expiry) (Scotland) bill, which has now passed into law.

As expected the temporary restrictions have been extended to 31 March 2022, with the potential to be extended until 30 September 2022. Reviews will be held every two months.

Prior to vote, landlord and letting agent groups had urged member to lobby their MSPs to prevent this happening.

But the SNP government included both the existing extended notice periods and also that discretionary grounds for possession within the extended Coronavirus bill.

The discretionary grounds include Section 33 notices, which will be for members of the first-tier tribunal to decide whether to grant an eviction order or not.

The extended notice periods that tenants have been enjoying remain in place, namely six months, three months or 28 days depending on the grounds being used.

Pre-action requirements before an eviction on the grounds of rent arrears remain in place.

Last resort

Letting agents and landlords must ensure they continue engaging with tenants and that eviction on this ground is a very last resort, the new legislation make clear.

Daryl McIntosh, Policy Manager for Propertymark (pictured), says: “The Scottish Government have to review the measures every two months and we will continue to provide case studies and evidence which highlight agents and landlords’ experiences in the sector, with a view to redressing the balance.”

As LandlordZONE reported earlier this week, the Scottish government is introducing a £10 million grant fund to support tenants who have fallen into rent arrears as a direct result of the pandemic, to run in parallel with its existing loan fund.

Read the legislation in full.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – BREAKING: Scots parliament approves controversial extension to eviction restrictions | LandlordZONE.

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LATEST: Tenant sues landlord for £400,000 over death of wife in ‘freezing’ house

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A landlord who tried unsuccessfully to mend a family’s boiler is being sued for leaving the house in an uninhabitable state and causing his tenant’s death.

Timothy McDonagh says his partner Kelly Naghten died after catching pneumonia because landlord Ali Bolat failed to make the necessary repairs to their home in Enfield (pictured).

He claims their Enfield property was freezing and plagued by walls covered in mould and puddles of rain on the floor. Shortly after Christmas 2015, the 32-year-old mother-of-four suffered a bout of flu which led to her death from pneumonia and sepsis.

McDonagh is suing Bolat for £400,000, who he blames for her death in January 2016. He told Central London County Court that Bolat bodged boiler fixes himself, meaning it would frequently cut out and leave them without heating or hot water.

Bolat vehemently denies the allegations and said McDonagh was exaggerating, as problems with the house were always fixed quickly.

McDonagh, 48, told the judge he considered Bolat to be a “cowboy”, claiming the property had been very drafty with gaps around the windows. On one occasion rain poured into the house and left puddles next to plug switches. Their complaints were eventually met with a threat of eviction, he added.

Amateurish

His barrister Nicholas Baldock said Bolat’s own attempts to fix the boiler were futile and amateurish. When he eventually had it inspected by tradesmen, numerous issues were identified and it was replaced in January 2016, The Sun newspaper reports.

However, Bolat’s barrister Michael Leemy denied that the landlord was in breach of any obligations because repairs were carried out within a reasonable time period. Bolat insisted he had never seen any damp in the house, while the electrics and boiler had been checked by professionals when he bought it.

The judgment is expected at a later date. 

Pic credit: Google Streetview

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – LATEST: Tenant sues landlord for £400,000 over death of wife in ‘freezing’ house | LandlordZONE.

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Want to sell your property portfolios while the market is sky high?

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Do it now for the best price.

If you haven’t yet heard of us here at Landlord Sales Agency, we’re a company founded by landlords for landlords. Established in 2006, we’re known for our “any problem we can fix” formula, led by co-founder of the NAPB, founder of National Residential, and industry expert, David Coughlin.

We specialise in selling landlord portfolios, and with the current market, industry experts and associations agree, now is that time to sell. You need landlord experts that will go above and beyond to get you the highest price for your buy-to-lets, no matter what challenges need to be overcome. You also need a team who can deliver fast, while the market is still high. That’s what we do best.

There’s no better team than our landlord experts to get you the best price for your portfolios. Here at Landlord Sales Agency, we’ve helped hundreds of landlords like you sell their portfolios for the best price. Simply let our experts do the work, while you relax knowing that you’re just weeks away from cashing in whilst house prices are high.

We have the best team to sell your properties for the best price no matter what the problems.

We’re FAST, we sell in 28 days or less.

Our team has 20 years of experience in selling properties, specifically for Landlords.

Our experts have personally got over the line 2,500 houses just like yours.

We’ll solve all your tenant issues, even if you have a tenant refusing to leave. We provide a win-win solution for both Landlord and tenant that no other company is offering. We’ll even relocate your tenants for you. Leave all your tenant issues to us.

What’s more, we will solve your tax problems for you. And we can even pay your tax bill for you with cash advances, that’s how confident we are we’ll get you the best price for your property portfolio.

There’s no one else who can get you the highest price for your portfolio in the fastest time. So contact us today, sit back and relax, and let us help create your dream life starting from today.

How do we do it?

Recently, one of our landlords based in London gave us a small portfolio of 7 properties in the North-East to sell. She was already with a great letting agent who did sales, but she came to us because she’d heard about how proactive we were at solving landlord issues. We did what we do best:

1. We marketed the properties to both landlords and to first-time buyers in order to get as many buyers as possible in competition with each other to drive up the price through our 28-day auction. Rather than just targeting other landlords who want to buy, we know how to negotiate with tenants to leave for first-time buyers to move in, which also means this added competition leads to investors paying a little more than otherwise.
2. To keep the tenants on board to do the viewings, and market the property to its maximum, we paid them to help us with getting photos and video tours and to allows us access for viewings. For that extra £100 or £200 all in this money ensures the cooperation of the tenant. No other agents will pay this and landlords are unlikely to propose this, which is why we get access to sell properties quickly and for the best prices, like we did in this case.
3. In this case we sold 4 from the 7 properties for this landlord to a mix of investors and first-time buyers. She decided to keep the remaining 3, but it cost her nothing to list them with us as it’s no-sale-no-fee. It was a win-win, and she was happy with 60% of her portfolio sold, fast and for the best price.
4. Of the 4 we sold; one we sold to a landlord who kept the existing tenant. Another we sold to the current tenants who paid a higher price due to other interested buyers driving up the price/bids. The other two we assisted the tenants to leave as the buyers required vacant possession. We found one of the tenants a new council house, and the other tenant was happy to accept a £2K payment paid by ourselves to help move into a new private let. Solving the tenant issue meant the property sold for a higher price and the tenant was over the moon to get assistance to move to the new property they wanted.

Throughout the sale, our in-house conveyancing team helped the landlord complete all their property forms (protocol documents) and we paid to obtain copy Fens certs, gas safe certs and reply to enquiries asap rather than wait for solicitors. We also paid all the fees to the tenants for their assistance and we paid the sellers legal fees to our panel solicitor. The landlord was provided with a stress-free armchair service as we took care of the costs and drove the sales to completion.

On top of this, as with every case, all our buyers are chain free and pay 1% (min £2500) deposits, ensuring that buyers, regardless of whether they’re first time buyers or landlords, are financially committed to the sale from the start and are able to complete quickly.

All these properties sold within 28 days and completed in 2 – 3 months.

Another landlord approached us earlier in the year with tenants that had stopped paying rent and tenants that were in arrears and not paying top up, even refusing access for valuations. For this we simply secured buyers who were happy to buy regardless and take on the issue. Then we connected the new buyers with Landlord Action to pursue the eviction and/or mediation service throughout and post completion.

It’s simple. We solve all problems and go the extra mile to get tenanted properties sold, and to get the best prices and complete quickly. We assist landlords, sellers and tenants all the way through the process.

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.Gov online repair checker for tenants

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The Government has launched an online checker for tenants titled ‘Check how to get repairs done in your rented home.’ Click here to view the page and use the software. The page says:

Use this checker to find out:

–

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Tenant left but brother paying rent and arrears?

admin    Uncategorized     agents

My letting agent has just worked out that my tenant (A) returned to Romania last year after catching Covid and is still very unwell. He is not returning to Scotland. His brother (B) has been living in the flat, paying the rent and also paying the rent arrears left by the tenant.

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REPORT: Landlords face a ‘dysfunctional’ court system when evicting tenants, warns NRLA

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Court wait times must be reduced urgently to avoid further disruption in the post-Covid PRS, says the National Residential Landlords Association (NRLA).

Its research shows an 80% drop in possession claims between April 2020 and March 2021 – down to 22,700 – compared with 2019. Landlords made fewer total claims across those 12 months than they did in any three-month period prior to April 2020.

The Wait of Justice 2021: how Covid legislation affected possession report is drawn from Ministry of Justice responses to Freedom of Information requests, and shows that in Q1 2019 the mean average wait time for a landlord’s possession order to be issued was about seven to 10 weeks. In contrast, by Q1 2021, the average wait time had risen to between 15-18 weeks.

The NRLA believes the problem can best be solved by either adapting or ending administrative reforms introduced during the pandemic so that typical waiting times for a substantive hearing are reduced.

But it says the research also illustrates the need for a comprehensive package of financial measures to help tenants pay off rent arrears accrued during the pandemic.

While these findings show how landlords and tenants have responded with admirable resolve in the face of unprecedented challenges across the sector, they also reveal the dysfunction which continues to lie at the heart of the court system across England and Wales, says chief executive Ben Beadle (pictured).

“The majority of landlords have complied with the government’s requests to show understanding during a time of national crisis,” says Beadle.

“Now is the time to respond to landlords’ concerns about the future of the PRS by introducing a package of financial assistance that will provide greater security to many landlords and tenants over the long term.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – REPORT: Landlords face a ‘dysfunctional’ court system when evicting tenants, warns NRLA | LandlordZONE.

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EVICTIONS LATEST: EPC and gas safety certificates are NOT needed if AST began prior to October 1st, 2015

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The Court of Appeal has ruled that landlords are able to evict a tenant whose Assured Shorthold Tenancy commenced before 1^st October 2015 even if the prescribed paperwork such an EPC or gas safety certificate have not been served.

Most solicitors and landlords have until now assumed this was the case because the relevant pieces of legislation covering this aspect of housing law were interpreted as not being retrospective.

But tenant George Minster in Bexhill, East Sussex who was served a Section 21 notice in December 2018 at his flat (pictured, above) by his landlord and whose AST started in 2008 – later moving to a statutory periodic tenancy – contested this interpretation of the law. He won an initial hearing at a Magistrate’s Court in Brighton.

The 2015 legislation compels landlords to serve the prescribed safety documentation including EPC certificates by preventing evictions where these documents have not been served.

Following the Brighton court case another judge heard the arguments and ruled against the tenant in favour of the landlords, Darran and Susan Hathaway. The tenant was then given leave to appeal. This has now been decided in the Court of Appeal.

The Hathaways argued that it was not an ‘assured shorthold tenancy of a dwelling-house in England granted on or after 1st October 2018’ and therefore the need to serve an EPC did not apply.

The judges agreed, saying: “The Tenant relies upon the fact that section 41(3) of the 2015 Act provides that section 38 of the 2015 Act inserting section 21A of the 1988 Act applies to any assured shorthold tenancy which is in existence on 1 October 2018

“But in my judgment this reliance is misplaced. The consequence of this for present purposes is simply that section 21A can apply to a tenancy which is in existence at that time,” said Lord Justice Arnold (pictured).

“Section 21A(1) only bites on such a tenancy if and to the extent that the Secretary of State exercises the power conferred by section 21A(2) to prescribe requirements.”

The tenant’s appeal was dismissed.

Julie Ford, of the Landlord and Property Network and an advisor for the HF Assist letting agent advice line, says: “This confirms what we already assumed, as always it is good to have case law set a clear example.”

This case is not the only one regarding prescribed paperwork. Landlords are also waiting to find out if the Supreme Court will allow an appeal against the recent landmark gas safety certificate ruling known as the Trecarrell House Ltd v Patricia Rouncefield eviction case.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – EVICTIONS LATEST: EPC and gas safety certificates are NOT needed if AST began prior to October 1st, 2015 | LandlordZONE.

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