My own landlord’s GDPR policy

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GDPR is something that WILL affect almost every landlord in the UK. The new legislation comes into effect on 25th May 2018, by which time all landlords (and other businesses) will have to have registered with the ICO and have a GDPR Data Protection Policy.

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TSB customers unable to pay rent after standing order defaults

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Rent Payments:

The ongoing TSB IT banking crisis is causing anxiety for both tenants and those landlord affected by this. Some tenant customers of the TSB bank have had their standing orders returned, leaving them unable to pay their rent and other bills.

Tenant customers are furious with TSB because not paying their rent puts them in breach of their tenancy agreements and potentially puts them at risk of being served notice.

Of course, given these exceptional circumstances, landlords should be expected to be understanding and make allowances for this, but tenants should nevertheless be prepared to warn their landlords at the earliest opportunity. However, some landlords will find themselves in difficulties because of this as many rely on regular rent payments to make their mortgage payments.

Some tenancy agreements have default payment fines, meaning that in theory a tenant can be fined for payment delays. But regardless of whether the landlords is understanding or not, responsible tenants will be anxious because the incident may impact badly on their relationship with their landlord.

As the TSB’s computer meltdown entered its second week some frustrated customers are still unable to access their online banking accounts or make payments. Some businesses banking with TSB are facing problems paying wages, and employees not getting paid are therefore unable to pay their bills.

The crisis arose after a switch over to a new computer system following the bank’s split from the Lloyds Banking Group. Although TSB management said that systems would be “up and running” soon, last week, the problems have persisted into a second week and TSB have had to call in experts from IBM after the Spanish company tasked with the changeover have so far failed to find a solution.

In addition to the issues with standing orders, TSB has also said that some mortgage customers were unable to access their accounts online or via the TSB app, and some credit card holders had problems viewing information.

The bank has promised to compensate those affected.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – TSB customers unable to pay rent after standing order defaults | LandlordZONE.

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Training course of the month: GDPR

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GDPR is one of our most popular E-learning  courses at the moment, and with the new regulations coming into force on 25th May, it is clear to see why. GDPR – or, to give it its full title, General Data Protection Regulation, will affect all landlords as they all handle personal data. Data Protection legislation […]

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RLA raises concerns over Nottingham Selective Licensing Scheme

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The RLA has written to Nottingham Council outlining concerns over both the Council’s draft application requirements and the draft licensing conditions for its Selective Licensing Scheme. In the letter, which can be read here the RLA outlines why it believes the scheme, announced for parts of the city last year, is not the best way forward. Selective […]

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Tenant hoarder leaves landlord in a financial mess

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Bad Tenants:

Ex-social worker and professional landlord of 30 years, Leslie-Ann Franklin, is facing having to sell the rental property she lives next door to in March, Cambridgeshire, after a complex case involving an extreme hoarder has left her in financial ruin.

With her story due to be aired on this week’s ‘Bad Tenants Rogue Landlords’ (Thursday 3rd May, 8pm, Channel 5), Leslie feels the authorities and legal system let both her and her tenant down, and now she is fighting for a judicial review of her case to avoid paying £25,000 in legal fees, on top of the £30,000 she has already spent.

Leslie-Ann purchased the 18th century two-bedroom cottage she lives next door to in 2014. Her elderly tenant and neighbour, who was rent-protected and already in situ, had lived in the property for over 30 years. Although Leslie knew that the property was untidy and needed some work, she felt that becoming landlord to her neighbour would give her an opportunity to help the tenant get the property back in good order.

Unfortunately, problems were apparent from the start with Leslie-Ann receiving rent payments intermittently and struggling to gain access to the house even to carry out her basic landlord obligations.  The situation continued to deteriorate, with rubbish piling up and vermin visible around the property.

She reported the situation to Fenland District Council to investigate, who carried out a report which highlighted serious health and safety hazards. They issued an advisory notice for the landlord to gain access so she could carry out necessary works, and offered the tenant alternative accommodation, but this was refused. Concerned about her tenant’s mental health, Leslie-Ann also contacted Social Services, to no avail. The only alternative was to seek a possession order.

Although Landlord Action eventually managed to gain access to the property, the tenant filed a defence saying the landlord was harassing her, and the property was in a state of disrepair because Leslie-Ann had not maintained it.

Tragically, the tenant has since passed away and now Leslie-Ann is embroiled in a complicated legal battle which, if she loses, will see her having to pay more than £25,000 in legal fees, as well as an additional £5,000 to remove the tenant’s belongings from her property.

Leslie-Anne says:

“This whole situation has been a complete nightmare and now after years of battling the system, I may have to sell the property. I didn’t realise, until it was much too late, the severity of my tenant’s issues. 

“I tried time and time again to explain to the council and social services but they all failed to act quickly enough.  Somehow this has now come back on me. I’ve been a landlord for 30 years and never had a problem, and now I’m being vilified as a ‘rogue’ landlord.â€�

Paul Shamplina, Founder of Landlord Action, said:

“In 27 years, I have never seen a worse case. Entering the property with the film-crew was a stomach-churning experience, it was a real-life house of horrors.  From the moment we stepped foot inside, the stench hit you even though we had masks on. 

“We couldn’t move more than a couple of feet for overflowing mounds of rubbish, piles of belongings and black sacks full of human faeces – the bathroom had not been used in the proper capacity in over two years! The floorboards had given way and the ceilings were hanging down. I think viewers will be shocked when they see this case.â€�

Watch “Bad Tenants Rogue Landlords� on Thursday 3rd May, at 8pm on Channel 5.

www.landlordaction.co.uk

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Tenant hoarder leaves landlord in a financial mess | LandlordZONE.

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Tenant fees ban to cost between £77m and £274m

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It has now been announced that the Tenants’ Fees Bill is now formally starting its progress through Parliament and is due to be implement in Spring 2019.

An impact assessment of this ban on charging tenants fees has estimated it will cost letting agents between £77 and £274 million in the first year and lead to job losses in the industry.

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New housing secretary appointed after Sajid Javid move

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Housing Changes:

There are concerns about continuity after yet another change at the recently re-formed Ministry of Housing, Communities and Local Government (formerly the Department for Communities and Local Government), its stated aim being to “create great places to live and work, and to give more power to local people to shape what happens in their area.�

After yet another very short tenure Sajid Javid passes on the housing baton to James Brokenshire at what is a crucial time for the housing and rental sector.

James Brokenshire’s challenge is to build on the start that Javid made before his sudden move to the Home office. He must now raise the profile of housing in government and implementing policies which will effectively tackle the housing shortage.

The Former Northern Ireland secretary James Brokenshire returns to government after a serious illness, and is now promoted to the Ministry of Housing, Communities and Local Government. Before the Northern Ireland post, Mr Brokenshire had served as a minister at the Home Office.

A former lawyer and partner at the law firm Jones Day, Brokenshaw became Conservative MP for Old Bexley & Sidcup in May 2010.

Mr Brokenshire has said he is “honoured� to take on the role as Housing Secretary and he was looking forward to “taking the government’s agenda forward especially on building the homes our country needs�.

National Housing Federation chief executive David Orr said of Sajid Javids’ time that “real progressâ€� had been made in housing giving his successor “an important platform to build on.â€�

Others expressed concerns about the number of ministerial changes in housing but are hoping that James Brokenshire can “buck the trend�, by providing some stability to the government’s housing policy and this time, see through the much needed reforms.

Brian Berry, chief executive at the Federation of Master Builders, said: “Sajid Javid passes the housing baton to James Brokenshire at a crucial time for the sector. We hope that Brokenshire will build on Javid’s good work, both in terms of raising the profile of housing as an issue at Cabinet level, and implementing some sound policies aimed at tackling the housing shortage.�

Johnny Caddick, managing director at Real Estate Management and Development Company Moda Living Limited had said:

“Sajid Javid oversaw the biggest policy shift towards the rental sector we have ever seen. James Brokenshire must also focus on making renting aspirational.�

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – New housing secretary appointed after Sajid Javid move | LandlordZONE.

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Tenant Fees Bill will cost landlords £82m

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The new ban on tenants fees will cost landlords £82.9million in the first year, it was revealed today, with letting agents paying £157.1m. The figure was included in the Government’s official response to the HCLG Select Committee’s report on the draft Tenant Fees’ Bill. The full response, which has been published here, includes an impact assessment stating: […]

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Tenants fee bill ‘a missed opportunity’

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Government plans to ban fees paid by tenants entering into new rented housing is a missed opportunity to make quicker and more lasting improvements in the rental market. The Tenant Fee Bill, published today, will take months to become law and then a considerable time to implement. The RLA argues much quicker changes could and […]

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Forum Spotlight: Should I rent to student who has no guarantor?

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A landlord posted in our Forum recently asking for the advice from our other landlords on our Forum about whether they should let a property out to a group of students, one of whom does not have a guarantor. The student in question has retired parents, but they do not want to stand as guarantors. […]

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