Concerns raised over Amazon rental block app as UK roll-out looms

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Security fears have been raised about Amazon’s Key for Business scheme apartment block access system which is being prepared for launch in the UK.

The online giant’s smart device lets its delivery drivers gain authorised, time-limited building entry to deliver packages at multi-property apartment blocks rather than giving out codes to scores of delivery people.

The smart device integrates an existing access system with the firm’s delivery app and aims to cut down on stolen packages while letting delivery workers make their rounds faster.

Launched in 2018, installation is quick and easy, and the device, installation, and maintenance are all free of charge, however, The Independent has reported concerns that tenants may not know that Amazon drivers have access to their building’s front doors, since Amazon leaves it up to the building to notify them.

UK promotion

Although it’s still only available in the US, access firm Kone’s UK website is promoting the service which would be of significant interest for landlords with leasehold properties and BTR developers.

The company has already installed the device in thousands of US apartment buildings but its roll-out seems to have accelerated in the last year or so, with Amazon deploying salespeople nationwide to offer gift cards as an incentive.

Ashkan Soltani, a privacy researcher, said that any device connected to the internet could be hacked, including the Amazon one, and that bad actors could try to unlock the doors. “You’re essentially introducing a foreign internet-connected device into an otherwise internal network,” he explained.

The company does background checks on delivery people who it said can unlock doors only when they have a package in hand to scan. However, Amazon didn’t respond to questions from The Independent about potential hacking.

Read more about Amazon’s Key for Business service.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Concerns raised over Amazon rental block app as UK roll-out looms | LandlordZONE.

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A legal case that took vacant possession a step too far…

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During these difficult times many tenants have found themselves in the position of wanting to divest themselves of surplus property, to reduce rental commitments by ending a lease agreement before it full term has expired.

Perhaps the only way of doing this from the tenant’s perspective is by exercising a break clause, if there is such a provision in the lease. It is very common that leases have these provisions, but tenants should be aware that the more favourable these clauses to them may be, the higher the rental valuation also may be.

Conversely most commercial landlords will want to resist the ending of the lease thereby, “letting their tenant off the hook”. This is because they will become liable for all vacant costs, business rates, increased insurance costs and utilities charges, at a time when it may often be difficult to find another willing tenant.

The break clause

Break clauses are common in most fixed-term commercial leases, allowing tenants and landlords to bring a lease to an end early on specific dates. However, these processes are often fraught with difficulties as often the break conditions are not straightforward. Examples of general conditions might be to offer up the property with vacant possession having complied with the terms of the lease, rent payments being up-to-date a principle condition here.

However, there are often other specific conditions to be met and the wording in the lease can often be open to interpretation on this, leading to legal disputes. Such was the situation with Capitol Park.

Here the tenant in Capitol Park Leeds plc v Global Radio Services Ltd [2020] tried to exercise a break clause. This High Court case revolved around the interpretation of whether a break clause condition requiring ‘vacant possession of the premises’ had been complied with.

The lease had a further 8 years to run and no doubt the landlord was reluctant to take back possession. As in most legal cases involving commercial lease break clauses, it turned on whether a break clause condition had been complied with or not, and by implication whether the lease was truly at an end or still continuing.

Notice is served

Global had correctly served notice on the landlord to exercise the break, as per the lease, which stated that the break was conditional on the tenant giving ‘vacant possession of the premises to the landlord on the break date’.

The said premises included the original building on the land and in addition, “all fixtures and fittings at the premises whenever fixed”, excepting the tenant’s trade fittings and all additions and improvements made to the premises.

However, Global had stripped out not just their own fittings. It had also removed many of the landlord’s fixtures including such items as ceiling tiles and grids, lighting, window sills, floor coverings, finishes and pipework, leaving what was effectively an empty shell.

In addition, a dilapidations survey revealed a considerable amount of work needed to replace a broken heating system and boilers, and air conditioning repairs which the tenant had failed to deal with, but had unsuccessfully tried to negotiate a cash settlement with the landlord.

The landlord, Capitol challenged the validity of the tenant’s exercise of the break clause arguing that the gross removal of the fixtures and fittings meant that the tenant Global had not given them vacant possession of the premises.

The High Court’s interpretation

The Court had to first determine the true meaning of the term ‘vacant possession’ in relation to a commercial lease. Most references to previous cases the court could rely on involved tenants leaving items behind when offering up the premises, as opposed to, in this case, having too many things taken away.

The landlord had produced for the court comprehensive evidence of the ‘undesirable outcomes’ the tenant’s actions would cause, including business interruption, damage to the premises and safety issues involving breaches of statutory regulations.

The judge decided that the landlord, through the precise wording of the lease, had taken measures to guard against these undesirable outcomes. With the inclusion of words relating to the fixtures and fittings and all additions and improvements, the landlord had sought to ensure that a tenant exercising the break clause could not do so by handing back a dysfunctional and un-tenantable empty shell.

The judge decided that the tenant had handed back considerably less than ‘the premises’ as defined by the wording of the lease and therefore that the ‘vacant possession of the premises’ condition had not been met.

The judge concluded that the state of the property was “an impediment which substantially prevents or interferes with the enjoyment of the right of possession of a substantial part of the property” and therefore the lease “had not been broken and was therefore continuing.”

Permission to appeal to the Court of Appeal has been granted in this 2020 case, so watch this space.

The lessons:

The wording of a commercial lease is critical when it comes to break clauses as the courts will interpret these leases quite literally, without undue attention to what could have been or is obviously the intentions of the parties.

In Mannai Investment v Eagle Star [1997], Lord Hoffmann had famously said and set the tone on this:

“if the [termination] clause had said that the notice had to be on blue paper, it would have been no good serving a notice on pink paper, however clear it might have been that the tenant wanted to terminate.”

In stating this the judge painted a very vivid picture of the need for strict compliance with contractual break conditions and provisions. More recent case law has reaffirmed this strict approach that judges will take.

If disputes are to be avoided, both tenants and landlords should pay particular attention to the wording of these break clauses, and ideally seek competent professional advice, when leases are being signed.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – A legal case that took vacant possession a step too far… | LandlordZONE.

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EXPERT: Government’s heat pump plans will be a ‘car crash’

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Popular YouTuber and building expert Roger Bisby has warned landlords and homeowners that plans to ditch gas boilers for heat pumps are a “car crash coming in slow motion”.

The government hopes to fit 5.5 million heat pumps in UK homes by 2030 with the aim of phasing out all gas boilers by 2035, while landlords tasked with raising the energy efficiency rating of all their properties to at least band C by 2028 are being encouraged to consider green alternatives.

However, Bisby tells the 200,000 people on the Skill Builder channel who watched his video so far that after getting a £4,000 government grant for a heat pump, you’d have to spend £16,000 to make it work.

He also reckons that running a heat pump is roughly three times more expensive than running a gas boiler. “After a couple of years of having one, people see their house isn’t warm – you’re paying three times as much for your fuel bills,” he says.

Lovely houses

“They might work in lovely houses that are beautifully insulated and draft-proof but they don’t work well enough in our housing stock.”

Bisby explains that a heat pump is like a fridge in reverse: a big box is hung on the wall with a fan inside that sucks in hot air which it sends into the house in a couple of pipes.

A buffer tank is used to distribute heat into the house and produce hot water. “I’ve put them on a patio and people say their neighbours complain about the noise of the fan,” he says.

Nottingham landlord Tricia Urquhart tells LandlordZONE that heat pumps are not a financially viable solution for most people. She says: “On an electricity-only estate where I own a BTL, houses have storage heaters, electric radiators and one has a heat pump – yet every EPC (bar one with storage heaters due to expire shortly) is a D or E, so even if you fit the government’s preferred electric heat source, the property would still be un-lettable under the EPC C proposals about to be put before Parliament.”

Watch Bisby’s video

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – EXPERT: Government’s heat pump plans will be a ‘car crash’ | LandlordZONE.

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EXCLUSIVE: Council buries high cost of unpopular PRS licensing schemes

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Charnwood Council in Leicestershire has given two licensing schemes the go-ahead despite opposition from local landlords about its effectiveness and fees.

The council hasn’t made it easy for landlords wondering how much it’s going to cost, as details about the £700 fee for each scheme weren’t provided in the recent announcement and had to be searched out in previous proposal documents.

This is not a surprise – £700 is at the upper end of licensing scheme costs in the UK. For example, similar licensing schemes recently launched in South Tyneside cost just £550 for five years.

Charnwood council, which covers the student town of Loughborough, will introduce both schemes in January 2022: an additional HMO licensing scheme for those properties occupied by three or four unrelated tenants and buildings converted into self-contained flats which are occupied by tenants, as well as a selective licensing scheme which focuses on privately-rented accommodation in the Hastings and Lemyngton wards.

East Midlands landlords in EMPO believe it will only increase rents, as landlords faced with additional costs to comply with licensing will probably pass these on in rent, meaning that those on low incomes won’t be able to afford to stay in the properties and could lose their homes.

However, councillor Paul Mercer (picture) lead member for private housing, says the schemes will help improve the standards of properties for tenants and the impact HMOs have on the local area.

He adds: “I am pleased the conditions for these licensing schemes have been approved and we can now move forward with implementing the schemes from January 2022.

“There are many good landlords in the borough who care about their tenants and understand their broader responsibilities, but we have some properties which are poorly managed or have a negative effect on the community.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – EXCLUSIVE: Council buries high cost of unpopular PRS licensing schemes | LandlordZONE.

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ADVICE: Flash flooding chaos leaves no room for complacency

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The devastating upheaval caused by last week’s torrential rain and floods in London and southern England as two months’ rain fell in two hours was put into stark perspective by the worst flooding in decades in Germany and Belgium, which has left at least 188 people dead, sweeping away houses and leaving residents trapped in rising waters.

Climate scientists have been shocked at the intensity and magnitude of the recent floods across Europe. But as climate change is expected to make unpredictable and extreme weather, including heavy rain, more common, it’s clear that both governments and property owners need to step up their planning and preparedness.

The torrential rain may have given way to a mini heat wave in the south of England for now, but with unsettled and changeable weather on the horizon, there is no room for complacency. As Steve Barnes, Associate Director at LandlordZONE insurance partner, Hamilton Fraser Total Landlord Insurance, highlights.

Devastation claims

“Although the floods in England cannot be compared with the devastation that has occurred in Europe, the destruction and chaos suffered by those affected is horrendous.

“We’ve received several claims relating to floods in the South of England over the past week due to exceptionally high levels of rainfall which were almost unprecedented.

“In one London incident relating to the flooding of three basement flats last Monday, the sewers in the road outside the property were unable to cope and sewage backed up, emerging from the toilets and baths. Each flat was inundated with water to a depth of around 30cm as the drains were unable to carry the rainwater away.”

One London resident told the BBC they hadn’t seen rain like it in 20 years, and the London Fire Brigade tweeted that it had received more than 150 calls about flooding in south west London alone.

Flash flood case study

Hamilton Fraser Total Landlord Insurance has also received claims relating to flash floods in the Peterborough area, which were widely reported in the media last week. Again, backed-up sewer pipes and water drains caused sewer water to enter a lot of properties in the area, with many having to be evacuated.

Melissa Choules, Senior Claims Technician at Hamilton Fraser Total Landlord Insurance (pictured), describes an incident relating to a fresh claim the company has received.

“The tenant was working and did not return to the property until the following morning, when she discovered that the water level outside the rear door was up to one meter and the water inside had reached a height of 60cm,” she says

“Not surprisingly, the damage is extensive – the laminate floor throughout the property will need to be removed to enable sanitisation and drying works to the concrete slabs and walls. All joinery items, including skirting boards, doorframes, doors, base units and worktops, will need to be removed and replaced.

“Plasterboard in every room will require removal up to one meter high. The kitchen base units and panels will also all need replacing. Damage caused by severe weather can be very expensive to rectify – our average claim for flash floods is £17,708, so it pays to be protected.”

Warnings criticism

As heavy rain continues to wreak havoc in Europe, Germany’s government has hit back at criticism over its ‘fragmented’ warning systems, which meant that in some places people didn’t realise the floods were coming or know how to respond to protect themselves and their homes.

Speaking to the BBC, Friederike Otto, associate director of the Environmental Change Institute at the University of Oxford, said urgent education was needed on the risks of flooding.

“I think people are really not aware that weather can actually be deadly,” she said. “The fact that so many soils are sealed also leads to more dramatic impacts than would be the case if the water could go somewhere,” she added.

Steve Barnes emphasizes that landlords also have an important role to play in educating themselves and their tenants and implementing measures to protect their tenants and their properties against the risk of flooding.

“With extreme weather events increasing steadily over recent years, it’s vital for landlords to not only do as much as possible to prevent flooding in the first place, but to make sure they communicate with their tenants and are properly covered for flood damage,” he says.

“Provide tenants in at-risk areas with a decent supply of sandbags, and make sure your tenants know what to do in the event of a flood – for example, how to turn off the gas, electricity and water. These recent floods and unpredictable weather highlight the need for landlords and tenants to be prepared at all times – as we’ve seen, flash floods can occur with little warning.

“The best way to reduce the likelihood of damage to your property is through regular maintenance. 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.”

Landlord responsibilities

Landlords should be aware that they are legally responsible for maintaining and repairing external structures, including drains and gutters, so it’s particularly important to make sure they are kept clear of debris that might cause a blockage and lead to leaks or overflow to the property. Make sure tenants always inform you if repairs are needed so that you can address the issue.

It’s also a good idea to 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.

You can find out more about how to protect your rental property from severe weather in Hamilton Fraser Total Landlord Insurance’s comprehensive guides, Protecting your rental property against storms and Measures that must be taken to prevent flooding in your properties.

The importance of landlord insurance

Having comprehensive landlord insurance in place provides reassurance that you and your property are protected should the worst happen and you need to carry out expensive repairs. Check your insurance to 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.

A comprehensive policy like Hamilton Fraser Total Landlord Insurance’s Premier policy will not only cover the cost or repair work, but also loss of rent or alternative accommodation.

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.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – ADVICE: Flash flooding chaos leaves no room for complacency | LandlordZONE.

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Online Boiler Company Offers Landlord Solution

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Most landlords can likely vouch for the agony of having a tenant with a broken boiler. A phone call screaming you out of bed at midnight, a furious and passive aggressive early morning WhatsApp or traumatised letting agent softly passing on the message with some admirable censorship.

Heatable.co.uk, a rapidly growing digital boiler buying platform founded in 2017 was designed to solve boiler buying problems for UK homeowners, but has inadvertently become a hit with landlords for its incredible ease of use and simplified process.

The Heatable Process:

• Self-survey on heatable.co.uk
• Choose and book installation date
• Boiler installation is completed

The boiler installation purchase process has traditionally been a sluggish one, requiring landlords to arrange multiple property surveys to ensure a fair price – a process that could take days if not weeks itself before finally agreeing upon a service, price and installation date that will incur a further delay. A delay which is fair to say the vast majority of tenants will not display great patience for – understandably so.

Achieved through close partnerships with manufacturers, the introduction of digital tech and low overheads, Heatable have simplified this process phenomenally in addition to offering incredibly low prices, often 20% cheaper than leading competitors.

Pay monthly plans, including 0% interest options are also available.

From the point of ordering, all necessary confirmations, paperwork and correspondents will be issued to landlords directly via email and Heatable are happy to liaise with tenants or letting agents on their behalf – a treat for landlords that may even be more pleasing than their prices.

During the unfortunate age of Covid-19, Heatable have also provided another accidental solution to the problem of multiple people/surveyors attending a tenants property prior to a confirmed installation. Global pandemics have understandably only shortened the tethers of cold showering tenants.

Their online self-survey eradicates the requirement for physical inspection of the property, and offers the reassurance of just one home appointment.

Payment & Payment Options:

Traditionally, a worry for a new boiler buyer has always been ‘surprise’ costs – essentially heating engineers on the day finding totally ‘unexpected’ works that have to be completed; most common of which is a new gas pipe supply.

Heatable’s fixed price eradicates that problem and payment is secured up front, leaving landlords with no financial concerns once the order is placed. No frantic eBay selling session required.

For landlords in the throes of a multiple property problem disaster – when it rains, it pours – Heatable also offer pay monthly options between 1-10 years, with interest free options available over 2 years on selected new boilers.

For returning landlords, blessed with multiple boiler breakdowns – Heatable will offer £100 discount each installation after the first booking.

A previously agonising and stressful process for landlords has been revolutionised.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Online Boiler Company Offers Landlord Solution | LandlordZONE.

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Fraudulent attempts to rent properties surge as criminals warm to illegal sub-letting

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A rise in tenant fraud and unchecked fraudulent rental applications are having a devastating impact on landlords, warns tenant due diligence and guarantee firm Homeppl.

Rising unemployment and affordability among renters are adding to the problem, according to Homeppl, which points to a 71% increase in the number of fraudulent applications between the second half of 2020 and the first half of 2021 – meaning that one in 50 rental applications are now fraudulent, rising to one in 20 in London.

Its report Are you prepared for an increase in tenancy fraud? finds that legal costs and lost rent mean each fraudulent tenant costs more than £30,000 while the tenant themselves are at very little risk.

CEO and founder Alexander Siedes says: “The consequences for landlords of inadvertently approving a fraudulent application are dire – up to £30,000 in lost income and legal costs and fines of up to £3,000 for renting to a tenant with no legal right to rent in the UK.

“In a worst-case scenario, scammers will lose their holding deposit, but there is little to de-incentivise them from making further fraudulent applications.”

He adds that the fact there are no consequences for fraudulent tenants means they will simply keep trying and, due to the sophistication of most fraudulent applications, many will succeed.

“When you add to that the softening of eviction regulations which means landlords have less power to evict fraudulent tenants, increasingly, scammers are renting properties with the intention of illegally subletting them to make easy money, at a huge cost and risk to the landlord.”

Fraudsters try to trick agents and landlords with a range of strategies, including using fake ID, employer references, or references from former landlords.

Read more: How to deal with rogue or criminal tenants.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Fraudulent attempts to rent properties surge as criminals warm to illegal sub-letting | LandlordZONE.

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Japanese knotweed, not the nasty threat it once was?

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For many years Japanese knotweed has carried a stigma that condemned property as virtually unsaleable. The mere suspicion of the imported weed being anywhere near a property would leave buyers and mortgage lenders running for the hills, it would strike fear in the hearts of buyers, sellers, lenders and property owners alike.

Compensation claims have been seriously high and lawyers have made a good living pursuing claims on a no-win-no-fee basis. A quick Google search reveals a host of practitioners offering their services in this way.

A Court of Appeal decision in Network Rail Infrastructure Ltd v Williams and Waistell [2018] concluded that the weed poses a “significant risk of damage to any property that is within 7 metres due to its underground shoots, and that it can cause significant damage to building structures and substructures.”

A major re-think

However, according to James Fawcett of brownejacobson LLP solicitors, the risk from Japanese knotweed could be overstated and “the tide might be starting to turn?”

A Parliamentary committee recently heard evidence that suggests that the extensive evidence put forward indicates that Japanese knotweed does not cause significant damage to property, even where it is growing in close proximity. It suggested that there is potentially far greater risk to property posed by trees and it calls into question the ‘7 metre rule’ suggesting that knowtweed roots are unlikely to reach as far as was previously thought.

James Fawcett writes:

“So might Japanese knotweed simply be misunderstood? Well there is no doubt that concerns regarding the threat it poses to the UK’s ecology remains, but it may be its ability cause damage to property has been overstated. In light of the Parliamentary debate it is anticipated that the RICS will revise its guidance on Japanese knotweed in the near future and mortgage lenders may take note. The true impact of Japanese knotweed is likely to become better understood and the risk of future nuisance claims may well diminish as a consequence of that.”

New guidance for surveyors

Indeed The Royal Institution of Chartered Surveyors (‘RICS’) is now in the process of updating its guidance to surveyors on their approach to Japanese knotweed, when valuing a property. The updated guidance is currently in draft consultation form and will replace the RICS information paper “Japanese Knotweed and residential property, 2012”.

The RICS’ revised guidance is based on extensive research and will be there to help surveyors when valuing properties where Japanese knotweed is found to be present. The general consensus now appears to be that providing Japanese knotweed is “appropriately managed”, it should have a minimal effect on the buying and selling of properties.

A manageable threat

RICS’ aim is to raise awareness of Japanese knotweed, putting it into context and putting the emphasis on “management and control” as opposed to the often drastic remedies proposed earlier, such as the complete removal of all contaminated soil. Here the emphasis will be on the application of herbicides, as opposed to excavation of the affected land, and the recognition that complete eradication may not be appropriate.

The new guidance is to produce a classification system for the weed that will place an infestation into “management categories” depending on its seriousness, but will overall pitch the problem as a “mitigatable environmental issue”, which in most cases can be remediated with effective treatment.

It is likely the The RICS guidance will also re-assess the ‘7-metre rule’ which presumes the plant is capable of spreading this distance underground, which would lead to an expectation of a surveyor reporting the infestation to a mortgage lender. It would appear that the new guidance will presume there’s no automatic requirement to report the presence of Japanese knotweed to a lender if it is more than 3 metres from a boundary, with anything beyond that requiring a risk assessment.

Ruth Hill of brownejacobson LLP concludes:

“The impact of the [RICS] guidance (and the science that sits behind it) will also undoubtedly influence the outcome of civil claims in nuisance, both in terms of liability and quantum. The current reliance by claimants on the 7-metre rule will have to be modified and we may also see a reduction in the value of claims for diminution in value of property in some circumstances in light of the re-assessment of risk from Japanese knotweed (together with any change in public perception of Japanese knotweed in saleability of residential property). This will be welcome news to the public sector, with public bodies and local authorities often in the firing line as major landowners.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Japanese knotweed, not the nasty threat it once was? | LandlordZONE.

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Hastings Landlord Sells Property Portfolio for £2.3 million joining a rush of Landlords wanting to sell fast while house prices are still high

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It seems almost unheard of, 24 flats sold for £2.256 million in just 9 days, yet for a Landlord in Hastings, that’s exactly what happened when he reached out to the Landlord Sales Agency. And it’s a story that’s been happening over and over again for the portfolio experts company that’s making a name for itself by helping Landlords cash in their portfolios in record speeds for the highest prices possible.

If you haven’t yet heard of Landlord Sales Agency, you’ll definitely want to. A company founded by landlords for landlords and established in 2006, they’re known for their “any problem we can fix” formula, led by co-founder of the NAPB, founder of National Residential, and industry expert, David Coughlin.

Like many of us who have built up their portfolios, now more than ever we’re thinking about selling. The market is high, it won’t be this high again for another 7 years, and it’s time to cash in and retire. There’s never been a better opportunity than right now, and there’s never been a more trusted company who really do deliver what they say.

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 while 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 have buyers ready to go on our books wanting to buy your portfolios

Contact us today, and get ready to live the life you’ve been working for.

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Landlords confused over which How to Rent guide to issue

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Landlords are being urged to exercise caution when serving the statutory How to Rent guide to new tenants after confusion has arisen about which version is the most up to date following a recent update.

MHCLG have uploaded a new ‘easy-to-read’ How to Rent guide to its website which, apart from tacitly admitting the other 18-page guide is somewhat difficult to understand, appears to supersede it too.

Within the new easy-to-read guide, it says ‘the landlord should give new tenants an up to date copy of this guide’ whereas previous guidance was that landlords must serve the original, more long-winded version.

Landlords are under a statutory requirement to give tenants a copy of the How to Rent guide when the begin or renew a tenancy.

This is not nit-picking but could have expensive ramifications for landlords further down the line.

Eviction failure risk

To serve a Section 21 ‘not fault’ notice to evict a tenant legally, a landlord must have served the most ‘up to date’ version of the guide along with a valid EPC and Gas Safety Certificate.

Some landlords have taken to social media to ask which version they should serve – one saying: “I think the Government are just trying to confuse us all. The version they have published today is an easy read version, but the one published in Dec 2020 is still the latest version.”

Letting agent Phil Ashford says he believes that the main legislation covering this guide still says landlords and agents should ‘issue the main guide’ which is the December 2020 version.

“The easy read guide is not referenced and therefore [not] required,” he says.

LandlordZONE has put in an urgent request with MHCLG for clarification.

MHCLG has form when it comes to landlord documentation. In June last year it pulled the latest update to the Electrical Safety Standards after LandlordZONE pointed out that discrepancies in its wording were causing confusion among landlords and the wider industry.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Landlords confused over which How to Rent guide to issue | LandlordZONE.

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