Changing Places toilets

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Thousands of severely disabled people who need specialised facilities when they are out and about will benefit from over 500 new Changing Places toilets in England.

The Chancellor confirmed in his Spring Statement over £23.5 million has been allocated to 191 councils across England to install life-enhancing Changing Places toilets in public places and tourist attractions

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How can landlords afford to upgrade their properties to EPC band C by 2025?

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Like almost all industries the housing market is increasing its efforts to tackle climate change.

Households account for 40% of the UK’s carbon footprint and the government has forced landlords to move more quickly than others, and from 2025, all properties in the private rental sector will need to have an EPC of C or higher to be let to new tenants.

Also, lenders are increasingly offering ‘green finance’ for sustainable properties, encouraging landlords to increase sustainability.

For example, banks have said that borrowers will only need a 10% deposit on loans of up to £25,000 for a ‘green advance’, while others are offering a green cashback scheme worth £500 for eco-upgrades until March 2022.

So, with the chancellor reducing VAT on energy-saving features in the Spring Statement it is certain that ‘green’ investments are going to become a lot more prominent.

Read more about the Spring statement.

Eco privilege

That said, the cost of renovations could price out many landlords, leading to ‘eco-privilege’ in the market.

Thus, with fines of up to £30,000 for non-compliance, many landlords will need to pay thousands to renovate their properties to achieve an EPC rating of C or higher.

For affluent landlords who can afford to renovate outright, this will not be a huge issue and could be a benefit as they will be able to access favourable mortgage rates and other ‘green’ finance options.

But landlords who cannot afford to make the changes will be left with less affordable loans and an already problematic affordability crisis could become a lot worse.

Problems bridged

The bridging sector can assist landlords in accessing favourable ‘green’ finance options and limit the effects of ‘eco-privilege’.

Such loans can bridge the gap between the beginning of a sustainability refurbishment project and the acquisition of a ‘green’ finance solution.

Whether they are used to purchase a property at auction then renovate it before a landlord finds a long-term financial solution, or because a landlord simply needs to free up capital to pay for the renovations, bridging loans can empower a wider range of landlords to access ‘green’ finance for their long-term financial needs.

Fairness of the market can be protected, and the industry will become more sustainable overall.

In the build-up to the introduction of the new EPC regulations, it is vital that landlords plan a timeframe for their renovations and carefully consider their financial options.

Lenders with experience and expertise should assist landlords in doing this, and those who can successfully navigate the next few years can expect to capitalise on the benefits of ‘green’ finance options.

Author bio: Paresh Raja (main pic) is the founder and CEO of Market Financial Solutions (MFS), a London-based specialist lender that provides bridging loans and buy-to-let mortgages.

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Law of unintended consequences emanating from Holyrood

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Some of the more onerous restrictions which were imposed on landlords in Scotland in the first dark days of the pandemic are about to be rescinded at the end of the month, and it might be assumed that this would be a good thing for the private rental sector.

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The No1. property investor skill you need

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If you want to become a more successful property investor, you need to get really good at finding great deals in your investing area.  This is the most important skill you need to learn.

Most people search online

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Rental reality… Belvoir advises on how the market is performing across the country

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The Belvoir Rental Index has been producing unique, valuable data for landlords and investors for the past 12 years and is a fantastic free resource for anyone who is interested in the PRS. Recent rises in advertised rents have been significant, and the Rental Index revealed that in Q4 2021 rents increased by 10.5%, year on year, versus Q4 2020. However, when compared to the average rent in Q4 2019 the increase is a little lower at 9.5%. This suggests that over a two-year period, rents increased by just over 4.5% per annum for 2019 and 2020, so the rent rises over a two-year period are a little higher than inflation over this period. 

Looking forward, most of Belvoir’s franchisees are anticipating a rise in house and flat rent inflation, although some expect rents for flats to be static in the first part of Q1 2022. Room rents are anticipated to either remain the same, or due to the pressure of tenants now desiring their own space because of the pandemic, there could even be an oversupply, and this could result in some falls. 

With Covid restrictions finally lifting more tenants in general may be looking to move on, and this could allow additional stock to come onto the market, enabling more people to move into the homes they desire.

Regional trends

Belvoir’s Rental Index is also able to look at advertised rents in specific regions, and this provides incredibly useful information for landlords who want to know the true picture of what is happening in their area. In Q4 monthly rents varied from £599 in the North East, £680 in the North West, £719 in Yorkshire, through to £1158 in the South East and £1545 in London.

As well as the Rental Index, Belvoir also conducts a quarterly survey of offices across the network, which can add further detail to what is happening in specific territories.

Three quarters of all offices across the Belvoir network reported a rise in rents for flats in Q4, with almost a quarter reporting static rents. Belvoir Brighton was the only office to report a decline in rents for flats and houses. When it came to houses, not a single office reported a decline in rents. When asked to predict how flat rents were likely to perform in Q1, there was a 50:50 split of Belvoir offices predicting an increase or static rents, with just Belvoir Brighton predicting a decrease.

Property shortages

Q4 revealed a continued shortage in all properties, especially two, three and four bedroomed houses. Natalie Boardman of Belvoir Tunbridge Wells says: “Stocks are low, as more landlords are exiting the market, which puts upwards pressure on rents.”

Tenant occupancy

Tenants continue to occupy properties for extended periods. Belvoir offices reported:

25.8% of tenants remain for 13-18 months

Just under 39% remain for 19-24 months

32% of tenants rent for over 24 months

There were no tenancies for less than a year.

Tenant arrears

Belvoir offices reported that rental arrears remain low:

Just under 10% of offices reported zero rent arrears – an increase versus Q3 21

Almost 65% of offices reported less than three renters in arrears – an increase versus the first three quarters of 2021, all of 2020 and most of 2019

Just under 19.5% of offices reported 4-10 tenants in rent arrears – a decrease compared to the first three quarters of 2021, all of 2020 and most of 2019

6.5% of offices reported 11 or more tenants in arrears – the lowest level since Q4 2019.

Eviction numbers also remained low, with 61% of offices reporting zero evictions and almost 23% reporting a single eviction in Q4. Offices that did carry out evictions reported that these were mostly due to landlords selling their property, or the result of anti-social behaviour.

Property sales

Belvoir offices seeing up to three landlords selling properties increased to 61% in Q4. The number of offices with zero landlord sales fell to around 3%.

Voids

In Q4 one-week voids fell to almost 23% in Q4, compared to almost 40% in Q3.

To read the Belvoir Q4 2021 rental index in full, visit https://www.belvoir.co.uk/rental-index/

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Moratorium on commercial landlord rent arrears remedies ends

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The new law now in place is there to help resolve certain remaining commercial rent debts says Paul Scully MP for the Department for Business, Energy & Industrial Strategy, and the Department for Levelling Up, Housing and Communities.

On 24 March 2022 the Commercial Rent Bill received Royal Assent, brought into effect to provide a legally binding arbitration process aimed at resolving certain outstanding commercial rent debts relating to the Covid pandemic.

Since March 2020, significant restraints have been placed on commercial landlords’ ability to recover arrears of rents from their tenants. However, landlords in England and Wales did retain some limited scope to recover rent and other sums due to them under commercial leases, despite the statutory and other restrictions, however. The laws in Scotland and Northern Ireland regarding arrears recovery were different.

Depending on the specific circumstances commercial landlords found themselves in, possible remedies open to them included, for example, recovering sums owed by tenants of commercial property from former tenants, guarantors, subtenants, or by claims in the county courts or High Court.

Code of Practice

On 9 November 2021, the government published an updated code of practice for landlords and tenants of commercial property. The code was voluntary, but was based on measures that are now given statutory force under the Commercial Rent (Coronavirus) Bill (the Bill), which was introduced to parliament on the same day.

The Bill also contained provisions to ring-fence arrears of rents for periods where the tenant had to remain closed, and to introduce a binding arbitration scheme of last resort for commercial landlords and tenants in England and Wales who were unable to come to agreement on those arrears.

The code replaced a previous code of practice issued in June 2020. The code was based on the principle that landlords and tenants should be negotiating how they can share the cost of pandemic-related commercial rent arrears where it is not possible for tenants to pay in full.

The code expected tenants able to meet their obligations to pay in full. However, for those unable to do so they were are expected to negotiate with their landlord “in the expectation” that the landlord waives some or all of the debt if they were able to.

The general moratorium ends

With the passing of the new law, now in place, it aims to resolve certain remaining commercial rent debts disputes accrued because of the pandemic, Business Minister Paul Scully has announced Thursday 24 March.

The ‘Commercial Rent (Coronavirus) Act 2022’ received Royal Assent on that day which means that a legally binding arbitration process will be available for eligible commercial landlords and tenants who have not already reached an agreement.

This will aim to resolve disputes about those pandemic-related rent debts and will help the market return to normal as quickly as possible.

The law applies to specific commercial rent debts for those businesses, including pubs, gyms and restaurants which were mandated to close, in full or in part, from March 2020 until the date restrictions ended for their sector. Debts accrued at other times will not be covered by the legislation.

Business Minister Paul Scully said:

“This new law will give commercial tenants and landlords the ability to draw a line under the uncertainty caused by the pandemic so they can plan ahead and return to normality.

“Landlords and tenants should keep working together to reach their own agreements where possible using our Code of Practice to help them, and we’ve made arbitration available as a last resort.

“Tenants who can repay their rent debts in full, should do so, and when they cannot, landlords should try to share the burden, so we can all move on.

“The government encourages commercial landlords and tenants to negotiate their own agreement where possible, so that an arrangement to resolve debt is mutually agreed, instead of resorting to the arbitration process.”

Continuing protection

Last Thursday 24 March was the last day of the general moratorium on commercial evictions and restrictions on Commercial Rent Arrears Recovery (CRAR) in England and Wales, but eligible firms remain protected for the next 6 months during which arbitration can be applied for or until the conclusion of an arbitration.

The moratorium has provided firms with necessary breathing space to negotiate how to address the cost of commercial rent debts caused by the pandemic, before the new law came into place.

Across the regions

The Code of Practice applies across the UK. The ‘Commercial Rent (Coronavirus) Act’ applies to England and Wales. Scotland has adopted an alternative approach to commercial evictions since the start of the pandemic, due to different property legislation and market conditions and there are differences for Northern Ireland.

More information

For those tenancies not covered by the new legislation, and were landlords and tenants have failed to reach agreement, either party can apply for arbitration unilaterally, as a backstop after negotiations have failed.

However, the parties are free to continue to negotiate outside of the legal arbitration process. The Code encourages the parties to use forms of alternative dispute resolution, such as mediation, if they wish to pursue this.

The window to apply for arbitration will be six months from 24 March and arbitrators may award a reduction of protected rent debt and/or time to pay, with a maximum period to repay of 24 months.

The legal arbitration process is to be delivered by arbitrators that have gone through an approval process to demonstrate their suitability to administer the scheme. The government will publish a list of approved arbitration bodies in due course, and where a dispute is eligible, landlords or tenants will be able to apply directly to any approved arbitration body to appoint an arbitrator.

Further guidance will follow from the departments for landlords and tenants as well as to arbitrators on how the process will work for all parties: Department for Business, Energy & Industrial Strategy and the Department for Levelling Up, Housing and Communities

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ONS figures show an encouraging increase in retail footfall

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The Coronavirus pandemic, the associated lock-downs and the social distancing measures which the UK government imposed, dramatically affected retail footfall following March 2020, the figures then saw an unprecedented fall.

Even before the pandemic hit, the UK’s high streets and other retail outlets were experiencing tough economic times. Throughout 2019 retail footfall had dropped on a month by month basis compared to the previous year, with the exception of some holiday periods.

The trend was not peculiar to the UK’s high streets: visitor numbers in shopping centres were continuously suffering as well. The warmer summer months appeared to be struggling the most, with slight improvements in the winter season.

Turning point?

However, the pandemic induced decline appears to be coming to an end, with more optimistic figures coming out this week from the ONS.

The Office of National Statistics published data this week showing that the volume of UK high street retail footfall increased by 4% in the week to 19 March 2022, that’s over and above the previous week’s figures. This represents 83% of the level seen before the Covid pandemic in the equivalent week of 2019.

These figures are based on national retail footfall data supplied to ONS by Springboard, a provider of data on customer activity. They measure the overall UK retail footfall by high street, retail park and shopping centre categories.

Data analytics

A leading provider of retail data analytics, retail traffic counting, and customer sentiment tracking for leading brands, shopping centres, and high-streets worldwide, Springboard delivers data analytics to retail clients, helping them maintain their brand value and increase their revenues.

In retail parks the footfall figure was unchanged from the previous week at 96% of the level seen in the equivalent week of 2019 and in shopping centres there was a small increase of 1% from the previous week at 79% of the level seen in the equivalent week of 2019.

Region by region

The South West region saw the highest weekly figures for retail footfall in the week to 19 March. Compared to the equivalent week in 2019 the increased volume represents 90% of the daily activity recorded the equivalent week of 2019.

Rises in retail footfall were seen in 7 of the 10 UK counties and English regions in the same period, Northern Ireland topping the list with a rise of 21% in the week. The East of England and Scotland saw no change, while the South East saw a decrease of 1%.

In the same period, relative to the levels seen in the equivalent week of 2019, retail footfall was strongest in the South West of England, the East of England and Greater London, at 90%, 89% and 88%, respectively. Footfall was weakest in Wales, Scotland and East Midlands, at 79%, 80% and 81% of those levels seen in the equivalent week of 2019, respectively.

Economic activity

So overall, weekly retail footfall in the UK increased, a strong indicator of improved consumer activity. In the week to 19 March 2022 the overall UK retail rise was 2%. This is compared to the previous week and is 85% of the level seen in the equivalent week of 2019.

Government High Streets Task Force expert and ShopAppy founder, Dr Jackie Mulligan, says:

“Let’s hope this increased weekly footfall on the UK high street is the beginning of a longer term trend.

“The improved weather is almost certainly one factor in the increase but we are also seeing a greater emotional bond between people and their local high street shops, which emerged during the pandemic.

“We need footfall to exceed 2019 levels to help fuel the real recovery of this country’s small bricks and mortar businesses, as many are having to cope with significant levels of debt accrued during the pandemic.

“There are no end of challenges for shoppers, with the cost of living crisis significantly eroding people’s spending power, but we’re urging people to shop local whenever they can.

“Ahead of Mother’s Day, go to your local high street shops to buy flowers, treats and food, because they need all the support they can get in the current climate.”

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Arbitration process launched in bid to sort out commercial rent arrears

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A new law aims to help resolve disputes between commercial landlords and tenants over pandemic-related rent debts.

The Commercial Rent (Coronavirus) Act 2022 establishes a legally binding arbitration process for landlords and tenants in England and Wales who have not already reached an agreement. The law applies to protected rent debt – commercial rent debts of businesses including pubs, gyms and restaurants which had to close, in full or in part, from March 2020 until the date restrictions ended for their sector. Debts accrued at other times won’t be included.

Code of practice

Business Minister Paul Scully says it gives commercial tenants and landlords the ability to draw a line under uncertainty caused by the pandemic so they can plan ahead and return to normality. He adds: “Landlords and tenants should keep working together to reach their own agreements where possible using our Code of Practice to help them, and we’ve made arbitration available as a last resort. Tenants who can repay their rent debts in full should do so, and when they cannot, landlords should try to share the burden, so we can all move on.”

Eligible firms

The ban on commercial evictions and restrictions on Commercial Rent Arrears Recovery in England and Wales has now ended, but eligible firms will be protected for the next six months; during this period, those landlords will be unable to forfeit the lease, use commercial rent arrears recovery, or bring a debt claim to recover the protected debt.

Either party can apply for arbitration unilaterally, as a backstop after negotiations have failed. Arbitrators can award a reduction of protected rent debt and/or time to pay, with a maximum period to repay of 24 months.

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Court rules ignorance is no excuse for unlicensed HMO

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A landlord who blamed his managing agent for renting out his property as an HMO has been handed a £20,000 fine.

Nathaniel Jones claimed he didn’t know Crown UK Lets had rented out the four-bedroom property in Hadley Street, Camden, as an HMO, after he tasked the firm with letting it to a single family. He signed up in 2018, paying 10% of the monthly rent for the service and then paid between £1,000 and £2,000 a year after he negotiated a lower charge and paid in cash.

Serious fire risk

A First Tier Property Tribunal heard that the house was found to be occupied by five people sharing a kitchen and bathroom in December 2020, following a referral to the Rogue Landlord Unit. Smoke/heat detectors were missing, the fire doors were inadequate, and the layout posed a serious fire risk to the tenants.

Jones said he had not paid any repairs or maintenance charges as he had left the property in very good order and that it was likely nothing was required. He told the tribunal that he did not carry out any property inspections and believed that he had a full letting and management agreement.

No defence

The tribunal said it was not persuaded by his excuse as there was no defence of ignorance of the law. It added that the landlord did not take proper responsibility for the property and fined him for not licensing the HMO or complying with HMO regulations. The judge ruled: “The fees paid would indicate a very basic service and not one sufficient to properly manage a large residential property in London. The applicant made no enquiries about the expertise of the agents, its portfolio and the professional qualifications of those involved.”

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Biggest UK event for property investors and landlords makes full return

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The Property Investor Show is back at London’s Excel next week for a packed two days of informative sessions and networking.

Now in its 21st year, the event – on 1^st and 2^nd April – brings together thousands of current and would-be property investors with up to 100 property sector experts and exhibitors, and promises to be bigger and better attended than ever. The event had a near two-year absence during the pandemic and was relaunched on a smaller scale last October 2021 when it still attracted more than 4,000 attendees despite Covid restrictions.

Free sessions

Over the two days, visitors can take part in 65 free seminar and panel sessions hosted by and including the biggest names in UK property, property finance and taxation, legal, housebuilding, Proptech and landlord and tenancy services; Landlord Action’s Paul Shamplina, Richard Blanco, landlord and property expert and star of House Hunters International, Vanessa Warwick of Property Tribes and Ben Beadle, CEO of the National Residential Landlords Association are just some of those on the bill.

Panel Sessions include: The State of the UK Property Market, Is It Possible To Buy Property Below Market Value? And Why Your Next Buy-to-Let Should Be Through A Limited Company.

No restrictions

Show director Mike Doyle says that with Covid restrictions gone, the show is expected to be busier than ever. “This is especially true given the way that the property market has performed in the last two years and with buyer demand and price growth at record levels,” he adds. “The event provides the opportunity for current and prospective property investors to research the entire property investment journey from sourcing to funding, the legal process, taxation and the new technology that now assists landlords in making their portfolios work ever more efficiently.”

See here for full details of the show and to register.

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