Tenant rights at the end of an agricultural licence?

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Could anyone please offer advice or contacts for tenant rights at the end of a tenancy, which is an agricultural licence? This is a different area of letting to my own business.

I have multiple examples of tenants being outrageously overcharged for the outgoing condition of their property

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Letting agent’s charges reveal ‘reasonable costs’ loophole in tenant fees ban

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A tenant who was billed £411 for finding her replacement by LudlowThompson has challenged the lettings agency for making unreasonable demands.

Matt Quinton says after his partner disputed the charge and then complained to the Property Ombudsman, LudlowThompson first offered a refund of £333 but then asked them to sign a non-disclosure agreement, promising not to tell anyone about the deal and to inform the Ombudsman that it had resolved the complaint amicably.

Quinton told the Mail Online that his partner moved out of the two-bedroom flat in Tooting (pictured), but as she was part-way through her contract, needed to novate her tenancy — find someone to take over the remaining term in her place — which she did.

She was billed £411 by LudlowThompson, including a charge of £229 for the creation of a new tenancy agreement, as well as inspection and deposit registration fees.

A LudlowThompson spokesman told LandlordZONE: “It is only the landlord’s reasonable costs that we seek to recoup from the tenant, for example the cost of signing up a new tenancy agreement.

“These costs are only charged where the tenant seeks to end their tenancy contract early. Most people would agree that it would not be fair for the landlord to bear the costs created by an early end to the tenancy.”

Quinton said the Act, which went live in full last May, states that fees for a novation must be capped at £50 or cover reasonable costs. He added: “Before the fees crackdown, the firm charged £432 for a novation. Surely the landmark legislation should have achieved more than a £20 reduction?”

Since the law changed a year ago, the Property Ombudsman has registered 207 complaints over unlawful fees — and has so far supported 58 of them while 61 were resolved.

A spokeswoman tells LandlordZONE: “We would strongly urge tenants who find themselves in this position to think carefully about agreeing to anything and to consider raising a formal complaint with the agent, with a view to escalating the issue with the agent’s redress scheme and trading standards.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Letting agent’s charges reveal ‘reasonable costs’ loophole in tenant fees ban | LandlordZONE.

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Retirees are next big growth market for private landlords – claim

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New housing brand My Future Living aims to make retirement rentals a more mainstream housing option for people in later life.

ReSI Property Management’s retirement portfolio has been managed by Girlings Retirement Rentals since 2016 but it has now brought it back in-house and employed Girlings’ property management and lettings team to focus solely on managing its 2,222 one and two bed properties in modern, purpose-built retirement communities under the new brand.

CEO Nygel Scourfield (pictured) says this should result in lower costs, reduced dependence on external third parties and the potential to better manage portfolio voids.

Wider use of new technology will include an online maintenance service from FixFlo which residents can use to report any repair or maintenance issue online.

He tells LandlordZONE that residents themselves are also using tech more readily.

“Older people want to feel safe and part of a community. Many have felt scared throughout the pandemic but our customers have suffered less because they’ve been surrounded by other people.

Embrace technology

“It has also encouraged them to embrace technology and many are happy using computers and iPads and are using DocuSign instead of paper which speeds things up.”

Scourfield believes there’s huge demand for good quality, affordable retirement rentals in the UK; the typical monthly rent in one of its homes is £780.

He points to research from FirstPort which found that four in 10 retirees said the recent lockdown restrictions had motivated them to move into a later living property.

My Future Living is currently only acquiring new properties in a small way, a dozen units at a time, but he adds: “Our aim is to consolidate what we’ve got then in a few months we’ll be in a position for growth – our build to rent fund is growing very fast.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Retirees are next big growth market for private landlords – claim | LandlordZONE.

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Take the ‘Stress Test’ out of Buy to Let

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A new Buy-to-Let mortgage product with NO Stress Testing has been introduced to the market with all types of property and most borrowers accepted. Loan sizes must be in excess of £150k+ only

It has a streamlined application process combined with common-sense lending decisions designed to take the stress out of Buy-to-Let and achieve a mortgage agreement where others simply cannot.

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Nottingham City Council scheme helps tenants in arrears find a home

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With thousands of tenants facing difficulties getting a new tenancy because of rent arrears due to the pandemic, one scheme run by Nottingham City Council aims to provide a solution, says Tom Entwistle.

A recent survey funded by the National Residential Landlords Association (NRLA) reveals that over 200,000 tenants in England are facing severe difficulties in getting new landlords to accept them as tenants because of their bad credit records. This is, in the main, due to rent arrears accumulated because of the pandemic.

Many landlords are struggling financially because they have experienced a drop in income during the pandemic.

There’s little in the way of financial support for private residential landlords facing difficulties, which means that as the evictions ban is lifted many will be looking to evict and get new tenants in their properties with good credit records.

This in turn leaves tenants in arrears struggling to find new accommodation. Whilst the Scottish and Welsh governments have recently announced generous debt support measures to help tenants in arrears, the NRLA claims that in England the government has failed to provide tenants with the help they need.

Support scheme

However, some help may be available through local authorities. One support scheme being offered by Nottingham City Council has found over 400 homeless households somewhere to live over the past 12 months.

The council’s Nottingham Private Rented Assistance Scheme (NPRAS) is working with individual tenants and families to help find them homes to rent. By providing support and incentives to landlords in the City the schemes has been successful in placing a large number of tenants who find themselves unable to secure a tenancy.

The council scheme has been providing these tenants with help to search for accommodation throughout the city and negotiating on their behalf with both private landlords and letting agents.

Training sessions have been provided for tenants to prepare them for the process of obtaining and maintaining a successful tenancy.

These sessions include education on the rights and responsibilities of both the tenant and the landlord, how to claim housing and other benefits, the importance of regular and timely rent payments, and how to carry out basic repairs such as unblocking sinks and toilets and bleeding radiators.

Deposits and rent

The Council can provide help with deposits and rent payments in advance, and council officers can even accompany tenants with viewings. 

Tenants are guided through the process of completing application forms and meeting the requirements for the applicant checks and referencing.

The council carries out inspections making sure that homes are safe and legally compliant, and helps with inventory sign-offs.

There is also support for landlords within the scheme, offering free help to landlords as and when any issues arise within the tenancy. Council officers will work with both landlord and tenant to try to prevent evictions, resulting in individual tenants and families finding themselves out on the streets.

There is a mediation scheme for rent arrears, disrepair issues, anti-social behaviour and support with Universal Credit.

Cllr Linda Woodings, Portfolio Holder for Planning, Housing and Heritage (pictured), says: “There are many reasons why people may become homeless, such as a landlord needing to sell their property, rent increases meaning a home may be unaffordable, loss of a job causing mortgage or rent arrears, domestic abuse and family breakdown or harassment.

“Credit problems such as County Court judgements and bankruptcy are increasingly becoming barriers to housing too. Increasingly we’re finding working families are having to live temporarily in hostels and hotels because they’ve been unable to find a privately rented home due to repeatedly failing credit checks.

“Our team works to make sure that people and families can move into safe and affordable homes and we support landlords to have a smooth tenancy.”

Read more about how to deal with rent arrears.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Nottingham City Council scheme helps tenants in arrears find a home | LandlordZONE.

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Fire Risk assessments should be performed forensically

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This is just one of many examples of the risks if a Fire Risk Assessment is not performed forensically. Many landlords consider themselves competent to do their own Fire Risk Assessments. 99% of landlords are not competent because they do not have the in-depth knowledge nor experience of what is an extremely complex subject.

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LATEST: Covid shielding landlord facing £26,000 rent repayment order

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A rogue landlord who tried to use Covid as an excuse for not licensing his HMO has been ordered to pay back £26,000 via a rent repayment order.

David Ahearne, 78, was slapped with a rent repayment order by the First Tier Property Tribunal despite explaining that he had intended to apply to licence the five-bedroom house in Downhills Park Road, Wood Green, but was unable to due to the pandemic and had been told to shield; a cancer diagnosis had preoccupied him to such an extent that he was unable to concentrate on the business.

He added that Haringey Council had also failed to prompt him.

Ahearne was the freehold owner of the HMO from the mid 1990s until it was sold to Knockboy Investments Ltd in December 2020, the directors of which are family members including himself.

He employed management agent HAM Estates to introduce tenants to the property, manage the deposits and to carry out maintenance – of which he is a director.

Financial statement

Ahearne argued that he was not able to repay the entire sum as his financial circumstances had been severely affected by the pandemic and produced a bank statement indicating his balance was £6,108.

However, the tribunal heard that he started his property portfolio in 1975 and owned this property without a mortgage until he sold it for £450,000 in December 2020. He owns about a dozen properties under his own name, most outright, and more through HAM Estates.

It ruled that forgetfulness nor being too distracted to licence a property constituted a reasonable defence – particularly as he was a professional landlord who could have delegated the responsibility.

Tenants Micheil Page, Nathalie Botcherby, Rut Einarsdotttr, Hannah Dalby and Zelda McCormic were awarded a total of £26,207 for the period from September 2019 to September 2020, along with £300 fees.

Read more about large RROs

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – LATEST: Covid shielding landlord facing £26,000 rent repayment order | LandlordZONE.

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Misled about floor area and now can’t sell?

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My daughter is trying to sell her flat which she bought 3 years ago. The new agents have informed her that the floor area is 27sq m, and that it will not be possible for her to proceed to sell to another mortgage holder if it is below the threshold of 30 sq m

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Tenant only missed one month but needs Section 21?

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A tenant who can’t pay her rent was going to leave (possibly to live with family) but the Local Authority is asking her to get a Section 21 from me. This means starting the eviction process. She says she can’t get UC or any help from the Job Centre until she gets this.

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Mandatory redress scheme membership for landlords WILL happen, says Minister

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The government’s housing minister in the Lords has warned private landlords that mandatory membership of a redress scheme is around the corner.

In a reply to question to Baroness Ritchie about the government’s ongoing eviction mediation pilot, which he says is still being assessed, Lord Greenhalgh said the government remains strongly committed to bringing in redress for landlords.

Letting agents are already required to be a member of a redress scheme which, for a fee, mediates between tenants and agents over disputes. These issues often include poor service, rent not being passed on and shoddy maintenance work.

But landlords are not included in the Letting Agency Work and Property Management Work (Approval and Designation of Schemes) (England) Order 2013 which brought in mandatory membership in 2014 for lettings agents.

This will be a thorny issue for the government to untangle – for example, will a landlord have to join a scheme even if their property is managed by an agent, and which redress scheme would a tenant take a complaint to if both agent and landlords are members of different schemes?

“These issues need to be thought through and resolved before the legislation is prepared,” says Sean Hooker, who heads up the Property Redress Scheme. It is one of the two government-approved bodies, along with The Property Ombudsman.

“Nevertheless, all landlords registering with a redress scheme would mean that the whole private rental sector would be accountable to a complaint process.”

DIY operators

Approximately half of all landlords use a letting agent and that means over a million landlords are DIY operators and would be covered by new redress legislation.

“This will ensure that all tenants have access to redress where they have a legitimate complaint about their home, and will also make it easier for private landlords to understand their obligations,” said Greenhalgh.

The issues remains high on the political agenda – in April an ITV investigation in to ‘mouldy homes’ in the UK called for a better system to handle maintenance and repairs complaints between landlords and tenants.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Mandatory redress scheme membership for landlords WILL happen, says Minister | LandlordZONE.

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