Tenant claims deposit was given in cash?

admin    Uncategorized     agents

We are in dispute with a tenant that upped and left over a mouse in the house. That’s another story. However, they failed to read the meter on leaving and the electrical company have refused to refund them. They demanded we pay their electric bill and return their deposit.

View Full Article: Tenant claims deposit was given in cash?

Concern over plan for single ombudsman covering whole of housing market

admin    Uncategorized     agents

Estate agents have criticised the Government’s plans to usher in a single ombudsman for the property industry, claiming it will have unintended consequences.

Under the plans, the existing redress schemes for estate agents and their customers will be replaced by an overarching ombudsman organisations that will also cover landlords and their tenants.

This proposal is part of the looming Renters Reform Bill due to be introduced during the current parliament, although plans to introduce redress for landlords has been in the pipeline since Theresa May’s time in office.

Timothy Douglas (main image), Head of Policy at Campaigns at Propertymark, which is the main trade association for agents in the UK, says he is concerned that the Committee has recommended that the UK Government introduce a single ombudsman for the whole of the private rented sector without considering its impact.

Significant change

“Such a significant change needs thorough consideration of the implications on the system as a whole,” he says.

“Alongside letting agents, sales and managing agents are also currently legally required to belong to one of the existing redress schemes, therefore removing these schemes and replacing with one for letting agents and landlords will have knock on effects for the housing sector which the Committee has failed to realise.”

Concerns

Sean Hooker, Head of Redress at the Property Redress Scheme, one of the UK’s two main ombudsman organisations, also reveals his concerns about the proposals.

“Whilst we agree with the principle of a single route for tenants to access effective and affordable complaint resolution the calls for a single body to achieve this are, as Propertymark point out are problematic,” he says.

“Nearly half of landlords use agents in some capacity, many because of their expertise or because the landlord does not live locally, so requiring them to engage with a redress scheme will be challenging. 

“It also does not make sense to reinvent the wheel for agent redress, which works well with two highly experienced and expert redress schemes having successfully operated for years now. 

“I cannot see how either trying to solve the issue of consumer confusion, by introducing yet another ombudsman or trying to start from scratch with a one size fits all body is practical or will benefit anyone. 

“Instead, integrating landlord redress and plugging the gaps such as rent to rent, into the existing process, incorporate mediation but having a single, accessible entry point, with assistance guidance and signposting is the way forward.”

View Full Article: Concern over plan for single ombudsman covering whole of housing market

Daily Telegraph wants to talk to landlords about regaining possession of their homes

admin    Uncategorized     agents

Are you a landlord who has recently experienced difficulties regaining possession of your property? Then, Alexa Phillips, personal finance reporter for the Telegraph, would like to speak with you. Alexa wants to talk to Property 118 readers about:

Which eviction process did you use (eg section 21 or section 8)?

View Full Article: Daily Telegraph wants to talk to landlords about regaining possession of their homes

Tenant lied about receiving S8 Notice hearing adjourned?

admin    Uncategorized     agents

S.8 Notice was hand delivered and also posted 1st class, proof of postage and pictures showing delivery by hand were submitted. The Duty solicitor quoted Enfield v Devonish (1996, CofA) which the Judge had not heard of and was clearly frustrated and said it is not in dispute that the notice was served but there is no evidence the tenant had sight of it.

View Full Article: Tenant lied about receiving S8 Notice hearing adjourned?

Landlord wins landmark knotweed compensation case in Court of Appeal

admin    Uncategorized     agents

A landlord in Wales has set a cat among the legal pigeons after winning a landlord Japanese knotweed compensation case in the Court of Appeal.

Its three judges have agreed that Marc Davies, 38, must be paid just shy of £5,000 by his local authority Bridgend council which, it was established, had allowed knotweed to spread from a local cycle track it owned onto the graden of the landlord’s property in the village of Nan-y-Moel in the Ogmore Valley, which is tenanted.

In a landmark decision that could open the gate to more claims against local authorities and other land owners, the Court of Appeal has ruled that Davies is entitled to compensation for the ‘blight’ affecting his property following the weed’s invasion of his garden.

The Court of Appeal judges, which have now overturned two earlier decisions by lower courts that did not go Davies way, concluded that although work had been completed to remove knotweed from the site ‘as best as it can be’ by the council, there had been a ‘residual’ diminution in value of the property, also called ‘blight’, to the value claimed.

Important decision

Tom Carter (pictured), the barrister who represented Davies, has confirmed this is an important decision, saying: “It confirms that a homeowner who suffers a loss in the value of their home from the stigma left by Japanese knotweed even after it has been treated can recover damages for that loss.”

Large sums are involved despite the small compensatory sum – it has cost Davies’ local authority, Bridgend Council, some £300,000 in legal costs thus far.

The decision also highlights the huge problems that knotweed presents namely that once land has been contaminated by the plant and its rhizomes, the remedial measures needed to make any alterations to that land including in this case just gardening in it, can cause disturbance and cost.

This is because, in many cases, the entire topsoil has to be removed and disposed of to clear the land of the weed.

Read the judgement in full.

Read more about japanese knotweed.

View Full Article: Landlord wins landmark knotweed compensation case in Court of Appeal

Prices still high but rent rises easing

admin    Uncategorized     agents

High price rises in rental sector to continue in 2023 but signs show it may soon slow down, predicts agency chief. 

Figures point to a loosening of supply constraints that have been driving record rental increases.

View Full Article: Prices still high but rent rises easing

Making good to the original decor?

admin    Uncategorized     agents

I currently find myself in quite an unusual situation, please could I kindly ask what, if any experience, do the readers have of this?

My Tenant of 4 years has given notice to end the tenancy.  The original letting agent closed their offices in the town some 3 years ago

View Full Article: Making good to the original decor?

Thinking of moving your properties to a limited company? – Webinar 21st February

admin    Uncategorized     agents

We’re pleased to announce yet another addition to our ongoing series with Alphaletz, the Property Management Software for Landlords.

If you’re considering moving your properties into a limited company for whatever reason, you’ll find this webinar incredibly helpful.

View Full Article: Thinking of moving your properties to a limited company? – Webinar 21st February

Home Office warns self-managing landlords’ over Right to Rent

admin    Uncategorized     agents

Official research has found that self-managing landlords are the least prepared when dealing with the legal requirements of the official Right to Rent scheme.

It requires landlords of privately rented accommodation to conduct checks on all new tenants to establish if they have a legal right to be in the UK and therefore have the right to rent, with stiff penalties for those who knowingly dodge completing the checks.

The Government research included a ‘mystery shopper’ exercise involving 2,000 tenants who approached landlords and agents, plus some 300 interviews with landlords.

This was all undertaken by independent canvassers at BVA BDRC with Professor Kath Scanlon of The London School of Economics and Political Science.

Least likely

It found that those landlords who don’t use a letting agent are the least likely to fully understand their legal responsibilities when onboarding new tenants via the Right to Rent scheme.

Although overall awareness of the scheme has been growing fast since its introduction in 2015, only half of all landlords who claimed knowledge of the scheme considered themselves ‘well or quite well’ informed.

Read more: the ultimate guide to Right to Rent checks.

The survey also looked at whether the scheme had created greater discriminatory behaviour towards tenants by landlords, with 19% being aware of tenants being discriminated against on the basis of their ‘actual or perceived nationality, race or ethnic background’.

“It is clear from this review that self-managing landlords have a knowledge gap and it’s not surprising,” says Nathan Emerson, CEO of Propertymark.

“Right to Rent has been through many complex changes in the last three years with COVID-19 lockdowns, the end of freedom of movement due to the UK’s exit from the EU and the introduction of the Home Office’s real time digital systems.

“Professional agents, particularly those in membership with a body like Propertymark, taking their compliance responsibilities seriously dedicate time and CPD to ensuring they are fully compliant.”

Read the Home Office report in full.

View Full Article: Home Office warns self-managing landlords’ over Right to Rent

APPI – the ethical landlord’s organisation

admin    Uncategorized     agents

If you are an ethical landlord with concerns about how the private rented sector is viewed and care about your tenants, then the Association of Professional Property Investors (APPI) could be for you.

The organisation’s Michelle Montgomery says there is a need for ethical landlords to work together to change the perception of the sector which has been tarnished by criminal landlords.

View Full Article: APPI – the ethical landlord’s organisation