What paperwork do I need if joint tenants break-up?

admin    Uncategorized     agents

My property is occupied by joint tenants who are about to break-up after 11 months of a 12 month AST agreement.

When visiting two weeks ago, one of the tenants told me that his partner had moved out and that he may want to leave if he and she decided that their differences were irreconcilable.

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RLA reveals new identity

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RLA’s new image:

The Residential Landlords Association today (Monday) reveals its new corporate identity, as the “home for landlords”.

For the last two decades the RLA brand has been synonymous with trusted information and advice, quality training and robust campaigning and research work.

Now, to coincide with the RLA’s 20th birthday, it has undergone a total rebrand to reflect the changing landscape of the private rented sector (PRS) and the dynamic attitudes of modern landlords.

While it may not look the same, the association will continue to offer all those services members have come to rely on and more, with a new conference programme and a range of 20th anniversary celebrations planned this year.

RLA chairman Alan Ward said:

“The RLA is a very different organisation from the one we launched 20 years ago and our original logo has served us well.

“Always innovative, we needed to
reflect the
modern values of
landlords and renting and
the new logo makes that statement emphatically.

“Our mission to advise, inform, educate, represent and protect our members remains unchanged.

“We’re extremely proud of how much the association has grown over recent years and we want to continue evolving and welcoming new members.”

Chief Executive Andrew Goodacre added:

“Our new identity is more than a rebrand, it is part of our aim to empower better landlords and change the perceptions of landlords in the mainstream media – an ongoing battle.

“We believe our powerful and contemporary new look will make us more approachable, more powerful in campaigning and more accessible to members, politicians and academics.”

• The Residential Landlords Association: The home for landlords
• The RLA represents the interests of landlords in the private rented sector across England and Wales. We’re home to over 50,000 landlords nationwide, with a combined portfolio of over a quarter of a million properties. A growing community of landlords who trust and rely on us to deliver day-to-day support, expert advice, government campaigning, plus a range of high-quality services relevant to their needs.
• At the RLA, we understand the challenges faced by a landlord – after all, we’ve been fighting their corner for over 20 years. Providing the expertise, support and tools they need, so they can do the right thing – for themselves, their tenants and the industry as a whole.
• We campaign to improve the private rented sector for both landlords and tenants, engaging with policymakers at all levels of Government.  Our vision is to make renting better for everyone involved in the private rented sector. We will go the extra mile to deliver an informed, better educated and more supported membership community.
• Further information about the RLA can be found at http://www.rla.org.uk/aboutus or by following it on twitter @RLA_News

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – RLA reveals new identity | LandlordZONE.

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JRF report is a missed opportunity to sort out Government’s mess

admin    Uncategorized     agents

The Joseph Rowntree Foundation (JRF) has once more commissioned work on ‘how to improve’ the private rented sector, using researchers from the Cambridge Centre for Housing and Planning Research. I have previously critiqued their work Click Here.

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Should I appeal Judge’s decision on renewal fees?

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I went to county court on Friday and the Judge at first said I had not submitted counter claim and that I would not be able to speak. I then told him where my counterclaim was on the papers submitted by the estate agent with my writing on it.

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Agents will need to check their landlords’ EPC ratings

admin    Uncategorized     agents

Find EPC Rating:

Checking out a rental property’s EPC rating is a relatively simply process that any agent or landlord can do instantly online. Providing the property has had an Energy Performance Assessment done within the last 10 years, (EPCs last for 10 years and usually cost between £70 and £100) the information is available from the MHCLG website – see below.

With the coming of the MEES (Minimum Energy Efficiency Standard) regulations in April, letting agents, and indeed landlords themselves, will need to make sure that a property is reaching a minimum energy efficiency standard of “E” before it is marketed to let.

New regulations coming into force this April 1 mean that residential landlords and their agents are obliged to ensure that their rental properties meet the required rating before a new or a replacement tenancy is granted, or otherwise they will face heavy penalties.

The penalty for renting out a property on a new or renewal tenancy for any period of fewer than three months will be in breach of the MEES Regulations and will be equivalent to 10% of the property’s rateable value, subject to a minimum penalty of £5,000 and a maximum of £50,000. After three months, the penalty rises to 20% of the rateable value, with a minimum penalty of £10,000 and a maximum of £150,000.

Also, in two years’ time, even with existing tenancies – 1 April, 2020 – it will become illegal for residential landlords to continue letting out a property if they have not addressed the issue of energy efficiency and ensured the property meets the minimum “E” EPC rating.

Another pressing reason for doing this is for mortgage renewals. Under the new mortgage regulations, underwriting standards for buy-to-let mortgage contracts, issued under the Bank of England’s Prudential Regulation Authority, new buy-to-let mortgages and renewals require proof that

Mortgage lenders granting new finance deals will typically require properties to be revalued. If single rental properties or properties in a landlord’s portfolio do not meet the minimum MEES standards after April, value could be affected would possibly result in mortgage applications being turned down.

Find the EPC rating for a property instantly online using the property address here

Guidance for landlords and Local Authorities on the minimum level of energy efficiency here

Underwriting standards for buy-to-let mortgage contracts here

New Energy Regulations could scupper mortgage renewals

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Agents will need to check their landlords’ EPC ratings | LandlordZONE.

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I am having to make 350 people homeless this year!

admin    Uncategorized     agents

Sajid Khan wants more houses building, but his other policies are forcing thousands to be homeless with Nottingham City Council’s Selective Licensing.

My Letter to Sajid Khan,

Dear Sajid

I am having to make 350 people homeless this year because of your decision to allow this Selective Licensing.

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Significantly less rental stock coming on to the market as PRS feels the presure

admin    Uncategorized     agents

The results of Belvoir’s Q4 rental index, and a survey of landlord trends, confirm that significantly less stock is coming on to the market, putting further pressure on the PRS. From a tenant’s perspective, the good news is that tenancy lengths are naturally increasing

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Eviction under a Periodic Tenancy?

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My tenant since 2010 has refused to sign an AST tenancy agreement since May 2014.

She gave me notice that she wanted to move out in Oct 2015, but when I went to do the checkout (17.12.15) she refused to move out as I said I couldn’t give her her deposit back there and then in cash as is held on the DPS

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New rules on Gas Safety Checks give more flexibility

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Gas Safety Checks:

Similar the car MOT, where the test can be done ahead of time, while retaining the existing renewal date, landlord gas checks will now be allowed on the same basis, up to 2 months ahead of time.

The idea behind the move is to prevent landlords falling foul of the law when they experience difficulties arranging access to the property and the gas appliances. Landlords and agents, after April 2018, will be in a position to start the process early and have a valid test certificate in place before the old one runs out without affecting the renewal dates.

Failure to comply with the gas and other safety standards in rented properties render landlords open to heavy fines and even prison if things go wrong. So some relaxation in the timing of the rules will be welcomed by landlords, but any transgressions are likely to be less tolerated by the enforcement agencies, including local authorities and the Health & Safety Executive (HSE).

The new Gas Safety (Installation and Use) (Amendment) Regulations 2018 are due to come into force on 6 April 2018, amending those in force since 1998. The HSE say they are not aimed at reducing or relaxing safety standards, but to allow greater flexibility over when regular checks are being carried out.

Landlords often experience difficulties arranging inspections, checks and servicing of gas systems and appliances, and complying with the law when tenants are either reluctant to allow access or they themselves find it difficult when the need to take time off work to be present. Another difficulty landlords have is when the engineer turns up and is unable to gain access. This involves costs which all parties are reluctant to pay.

Landlords cannot force access without their tenant’s cooperation, so through no fault of their own, they may be put in a position where they are breaking the law. The new system is designed to give landlords, agents and tenants more time to comply.

The new rules aim to address situations where landlords may be forced into making last minute checks, being unable able to arrange access at short notice, or having the expense of shortening the annual gas check cycle to comply with the law.

The Health & Safety Executive says:

Main changes to the legislation

The changes to GSIUR, which do not relax regulatory requirements or reduce safety standards, are to:

• introduce of a degree of flexibility to the timing of landlords’ annual gas safety checks. This MOT-style change means that landlords can carry out the annual gas safety check in the two months before the due date and retain the existing expiry date. This avoids landlords waiting until the last minute and not gaining access, or having to shorten the annual cycle check to comply with the law. There is no change to the legal requirement for an annual gas safety check or for maintenance to be carried out
• incorporate an existing exemption into law to carry out alternative checks in situations where there is no meter to directly measure the heat input and it is not possible to measure the operating pressure, and extend the scope slightly to include situations where the meter is not accessible or the meter display is not working
• disapply most of the requirements of GSIUR for installations fed by a dedicated gas supply, which are primarily used to supply compressed natural gas (CNG) to vehicles and which incorporate at least one gas compressor with an electric motor input power rating exceeding 5 kilowatts, bringing them in line with other industrial premises. Other more appropriate regulations already apply to these premises

Gas Safe Register Tips on Gas Safety in Rental Property:

1. Have all gas appliances in your rental property safety must be checked annually by a Gas Safe registered engineer. As part of any safety check ensure that the engineer carries out a tightness test of the pipework to ensure there are no gas leaks, and a visual inspection of accessible gas pipework should also be completed to ensure the installation is in good condition.
2. Find or check a Gas Safe registered engineer in your areausing our online search or call on 0800 408 5500.
3. Make sure you ask to see your engineer’s Gas Safe Register IDcard both front and back. The front will confirm their registration and identity, the back will confirm they can do the gas work you’ve employed them to do.
4. Stay aware of the symptoms of carbon monoxide poisoning– headaches, dizziness, nausea, breathlessness, collapse and loss of consciousness and make sure you comply with the law by providing a carbon monoxide monitor in any room with a solid fuel appliance, and ideally any room with a gas burning appliance.
5. Look out for warning signs that a gas appliance isn’t working properly– lazy yellow flames, excessive condensation and black marks/stains. However, gas appliances can be unsafe without displaying these symptoms.
6. Buy audible carbon monoxide alarmsand install (in accordance with manufacturer’s guidelines) near to gas appliances, and it is a legal requirement in rental property to have these near solid fuel burning appliances. Alarms are a strong second line of defence against carbon monoxide poisoning.
7. Use gas appliances for their intended purposes only, e.g. cookers should not be used to heat a room.
8. Provide enough ventilation for gas appliances to burn correctlyand make sure no air vents or chimneys are blocked.
9. If you know of anyone doing gas work outside of Gas Safe registration, they are breaking the law.You can report them to us online or contact us on the consumer helpline above.
10. Make sure you always have in place and supply your tenants with a copy of a current annual gas safety check certificate, at the start and during every tenancy – find out more about renting a property.

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Replies to my critique of Economist BTL article

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Regular subscribers to this site may have seen my critique of the Economist article on buy-to-let. Click Here to view original article. What follows is my reply to the reply by Tom Wainwright, their Britain Editor. I am still waiting for their next reply.

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