Aug
23

‘Build-to-Rent doesn’t cherry pick posh tenants’ insists leading figure

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The boss of a build-to-rent (BTR) property search website has insisted the sector is not out to only attract more affluent tenants, despite criticism in the past that it does.

Love to Rent founder Anne-Marie Brown (main picture) says that as private landlords leave the market, BTR can help meet demand. “There’s a BTR property for a range of budgets,” she tells LandlordZONE.  

“People are looking for quality, secure homes – there’s not so much security and tech in the standard private rented sector.

“Investors maintain BTR properties to a great standard, keep up with technology and want customer loyalty whereas private landlords might not be able to do that.”

To illustrate this, its website activity has increased by 53% in the last year, while the number of families searching for BTR homes has jumped by 509%.

Brown says there’s a growing pipeline of BTR properties and increasingly, family homes in suburban areas; the sector grew by 9% between Q1 2022 and Q1 2023, with the regional market growing at double the pace of London (12% and 6% respectively) as the concept stretches beyond young professionals in urban settings.

‘Customers’

She tells LandlordZONE that tenants in these developments particularly appreciate having confidence in a brand so are happy to move to one of their homes in a different city, while shared spaces create a much more positive experience for customers.

“When this is combined with all the practical elements that build-to-rent offers, it is no surprise that interest in the sector is growing,” she adds.

The platform hopes to spread the word about the sector’s benefits with the third Love to Rent week from 25th–29th September. It will push the message that BTR is managed by professional landlords, meaning that “difficulties and challenges are mostly avoided”.

Read more: what does BTR mean for BTL?

View Full Article: ‘Build-to-Rent doesn’t cherry pick posh tenants’ insists leading figure

Aug
23

Official ‘repairs tool’ launches to help tenants fight landlords and agents

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The Ministry of Justice (MoJ) has launched a tool that helps tenants take on landlords or letting agents who are failing to repair or maintain properties to the required standard.

Called ‘How to get repairs done in your rented home’ it takes those renting privately through a Q&A and then tells them how to either contact their local council, get more information about their rights or seek legal aid to take their landlord to court.

HFIS mediation expert Julie Ford (picture) says this tool, which is hot on the heels of a new free court service that offers tenants but not landlords help when fighting evictions, is part of a trend.

“It feels like the Gov are sneaking these new tools under the radar on purpose – it is all becoming very ‘pro-tenant’ with a stealth-like advance following on from [the Government’s] recent anti-landlord rhetoric”,” she says.

The new MoJ tool takes tenants through approximately ten questions depending on their circumstances to find out if they are subject to a ‘revenge eviction’ after requesting repairs, whether their health has been affected, how urgent the problem is, whether they are at risk of eviction and whether they’ve stopped paying the rent – something the MoJ advises them not to do.

Although the MoJ website doesn’t say so, it’s clear the initiative is part of the Government’s attempts to improve conditions within both the private and public housing sectors following the tragic death of toddler Awaab Ishaak last year, who lived in a council home affected by mould and whose landlord had failed to maintain the property adequately.

Read more: how to tackle mould if you're a landlord.
hooker

Sean Hooker (pictured) who heads up the Property Redress Scheme, says: “This could be a useful tool to help tenants access the help they need.

“But it has launched with little fanfare during the holiday period, so it needs some serious publicity to be effective.

“While it signposts a tenant to where they can get help right now, what is needed is for the plans to set up a private rented sector ombudsman and redress for repairs to be put in place as quickly as possible.”

Try the tool.

View Full Article: Official ‘repairs tool’ launches to help tenants fight landlords and agents

Aug
23

Landlords to pay £32,000 fines as big councils clamp down

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Landlords have been fined more than £32,000 for letting unlicensed HMOs and failing to improve unsafe properties so far this week.

Three landlords in Walsall were handed fines totalling more than £20,000 after being charged with letting unlicensed HMOs and ignoring fire safety and electrical hazards.

The fourth landlord was fined for not having an electrical safety certificate at his rented property. Walsall Council reports that all landlords have now addressed the problems.

Last September, the authority introduced its additional licensing scheme for the Pleck, Palfrey, St Matthews and Paddock wards and has now extended it to Bentley and Darlaston North, Birchills Leamore, Blakenall, Darlaston South and Willenhall South.

More fines

Meanwhile, in Bridlington, the landlord of a five-storey block of flats has been ordered to pay £12,377 for failing to ensure the property was safe for tenants. London-based Gedulah Ltd employed a management company to oversee 2 The Crescent (main picture) but did not do basic repairs or make adequate management arrangements.

East Riding of Yorkshire Council’s private sector housing team found the property had inadequate heating and insulation, damp and mould, unrestricted low-level opening windows, a faulty fire alarm and lack of door locks on the main entrance.

The company admitted two counts of failing to comply with improvement notices and was ordered to pay a total of £12,377 at Beverley Magistrates Court.

Dangerous hazards

Chris Dunnachie, the council’s private sector housing manager, says officers tried unsuccessfully to work with the landlord to rectify the dangerous hazards in its rental properties.

He adds: “The council does, and will continue to, take robust action when the safety of tenants is put at risk due to serious hazards from the properties they are living in.”

View Full Article: Landlords to pay £32,000 fines as big councils clamp down

Aug
23

Council that threatened PRS landlords to pay £5,400 compensation to tenant

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Just days after threatening private rented sector (PRS) landlords with taking control of properties they don’t license and look after; a council has been told to pay a tenant £5,400 in compensation.

The Housing Ombudsman announced the payment for prolonged damp and mould neglect in a home –

View Full Article: Council that threatened PRS landlords to pay £5,400 compensation to tenant

Aug
23

Tribunal system is ‘not fair and weighted towards tenants’ warns landlord

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A landlord who’s being threatened with a massive rent repayment order has told of his frustration at a court system that is unfairly weighted towards tenants.

Dan Jarvis’s mother is due to appear at a London First Tier Property Tribunal later this month, accused of withholding her former tenants’ deposit, but Jarvis explains he’s determined to make it clear that his family wasn’t at fault.

“These four tenants lived in our three-bedroom flat for three years and moved out a couple of years ago,” he tells LandlordZONE.

“When they left, we found they had totally trashed the house, leaving bed bugs, cigarette burns in carpets and ruined kitchen worktops.

“We were faced with a bill of more than £11,000 for all the repairs. Obviously, we weren’t going to pay back their £2,250 deposit.”

The tenants first – incorrectly and unsuccessfully – alleged that their landlord hadn’t protected their deposit but are now claiming a rent repayment order of £24,000.

They say no repairs were carried out during the time they lived there, which was why the house was in such a bad state.

Blackmailing

“My family could have just quietly given them the deposit back to try and prevent them from going to the tribunal, but we felt strongly that they were blackmailing us for the money and wanted to defend ourselves,” adds Jarvis.

“We’re lucky that we have other properties, so are able to pay for a defence, which has already cost about £10,000, but we want to raise the issue as it’s particularly hard on landlords with only one property who can’t afford legal fees.

“Even if you win as a landlord, you can’t claim your costs back, while a tenant can use a no-win, no-fee solicitor – it’s simply not fair.”

The landlords comments are particularly worrying as the Government says it wants to use the Tribunal system to give tenants more rights to challenge rent increases.

Read a guide to landlord fines including rent repayment orders.

View Full Article: Tribunal system is ‘not fair and weighted towards tenants’ warns landlord

Aug
23

Government should step in now to help renters – Generation Rent

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A tenant activist group says the government needs to step in and help renters and put in place long-term solutions to the housing crisis – including the unfreezing of Local Housing Allowance (LHA).

The call comes from Generation Rent after the housing charity Shelter warned that 51% of tenants are ‘just one pay cheque away’

View Full Article: Government should step in now to help renters – Generation Rent

Aug
22

Landlords say they’ll ‘shut down HMOs’ if new rules aren’t amended

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Scores of HMO landlords in Portsmouth have threatened to sell up or convert their properties to family lets once a new additional scheme launches next month.

The scheme extends licensing to about 4,000 three- and four-bed houses from 1st September and has been hotly contested by Portsmouth and District Private Landlords Association (PDPLA).

At its latest meeting, many members said they would shut down their HMOs and regain possession due to tough new space requirements that would prove impossible to meet, as well as the added costs.

Vice chairman Alwin Oliver (main picture) says 95 landlords were in the room and a further 25 online, all listening to the council’s plans. “Sadly, the landlords present did not seem reassured,” he adds.

Stealth

“When we asked the question if any were likely to exit the HMO economy, around 60 hands went up. It was a sobering sight.”

Oliver says one landlord spoke passionately about having helped some former homeless people into tenancies and who will now be required to give notice because of the new space requirements.

“The council are trying to clear the streets of HMOs by stealth,” he tells LandlordZONE.

The fall-out will be tough on those HMO tenants trying to find somewhere else to live in an already overheated market with increasingly fewer shared houses available.

However, if they wait for the bailiffs – believing they will avoid repossession in the knowledge that Section 21 means they are eligible for rehousing (because they are unlikely to be deemed intentionally homeless) – the costs of legal action and lost income for the landlord can be devastating.

“Multiply it by three or four in an HMO that has fallen into additional licensing and few landlords will survive the experience,” says Oliver.

Read his latest blog.

View Full Article: Landlords say they’ll ‘shut down HMOs’ if new rules aren’t amended

Aug
22

Landlords need clarity on changes to EPCs before it’s to late, says property firm

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A well-known property firm has made the unusual move of criticising the Government for not letting landlords know how they will afford and implement the proposed tightending of Energy Performance Certificate (EPC) rules.

The changes, which will see all rented be required to reach a ‘C’ band by December 2025 for new tenancies and December 2028 for existing ones or be excluded from the market, were thrown into disarray recently when housing secretary Michael Gove said landlords should be given more time.

Details of what this will mean, or how landlords will be offered financial help to upgrade properties, have not been released by Gove, other than to say the EPC system needs an overhaul.

Neil Hogbin (main picture) from property management firm Fisher German, says landlords and particularly those of older period properties may need to spend thousands of pounds on their property portfolios to meet the energy efficiency targets, so need certainty around any potential reforms.

“We are already beginning to see a shortage of rental properties in the marketplace as landlords start to sell up,” he says.

Ukraine

“Combined with the increase in energy prices because of the war in Ukraine, there is a further threat that rents will continue to rise to cover some of the costs of the EPC improvements being forced upon private landlords as they scramble to meet the new energy efficiency targets being set. 

“Decent homes in the private rented sector will no longer be affordable to many. 

“We all want to see properties as energy efficient as possible, but the sector needs certainty about how and when this will happen.”

Hogbin says while landlords are looking for a financial package to support improvements to their properties any details of how it will work are unclear

“Meanwhile, the owner-occupied housing sector has no minimum energy efficiency requirements at all,” he adds.

“Many of the EPC changes are simply not practical, affordable, or wanted by many tenants – particularly those in period properties.

“It is seen as unfair that the private sector landlords, many of whom provide high-quality well-managed homes, should have to deliver on EPC targets ahead of other housing market sectors.”

View Full Article: Landlords need clarity on changes to EPCs before it’s to late, says property firm

Aug
22

UPDATED: Cleaning is still the biggest cause of deposit disputes

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What is a clean and tidy house to some is and unacceptably dirty mess to others; people have different standards and this will never change.

Alternatively, some tenants are just too lazy to leave the place clean and tidy: dirty carpets and furniture, filthy bathrooms and toilets, and kitchen worktops, cupboards and cookers so full of grease, grime you would need PPE to tackle it and enough rubbish let behind to fill a small skip.

The Statistics:

Analysis of the TDS data by property management software providers, Decorus for Sage, revealed that in recent years, there has been a steady increase in the proportion of disputes being raised by tenants over cleaning issues. In the year to March 2020, this rose to 74%, compared to 67.4% in the previous year.

An older study by agent’s professional body, Propertymark, came to the same conclusions: cleaning is by far the biggest cause of disputes between landlords and tenants, when tenants are leaving.

Tenancy deposits are taken from tenants to protect the landlord, anything which goes beyond normal and acceptable wear and tear can be claimed for. A deposit is an important psychological lever that motivates tenants to return a property in good and clean condition: will I get my deposit back when I leave? This is normally enough of a motivator to get people to clean up and look after the property, but unfortunately this doesn’t always work.

Some tenants just don’t play the game, even to the point of cancelling the last month’s rent. It leaves the landlord to claim against the deposit for the rent, leaving them to whistle for their money deposit money if there are issues, leaving nothing in reserve to cover for items like professional cleaning.

It has to be said that by far the majority of tenants get their full deposit back, but there are cases where a landlord needs to keep all or a part of the deposit for genuine damage or cleaning etc.

Advice for landlords

Paul Oxley, Managing Director of lettings software providers, Decorus for Sage says:

“According to the TDS, many tenants claim that the cleanliness of the property at the start of the tenancy was not clear, or that the tenancy agreement did not make clear what was expected of them.

“So it is vital that landlords have a proper inventory prepared and do a thorough check-in and check-out, so they have the right proof of condition at the start and end of a new tenancy agreement.

“When landlords take the time to spell out tenants’ responsibilities in terms of cleaning and caring for the property, tenants are more likely to conduct their tenancy in a way that is respectful to the property and this minimises any potential damage.

“At the check-out stage, the tenant should be made aware of the areas requiring cleaning and the potential cost involved. It is important to remember that the tenant is only obliged to return the property in the same state of cleanliness as at the start of the tenancy, after allowing for fair wear and tear.

“Landlords should conduct thorough check-in and check-outs at the start and end of the tenancy, supported by a professional inventory. Clear communication on the tenant’s responsibilities when they move into the property will improve the chances of a trouble-free check-out.

“The common mistakes in landlord inventories are essentially lack of detail. Landlords often write just a brief shopping list and often do not have the appropriate photographs and videos, along with accompanying written descriptions to show the condition of the property and its contents.

Find more information about dealing with end-of-tenancy issues, including inventories and cleaning, go here.

Get the Evidence

If the landlord or agent finds the tenant fails to agree to the deposit deductions, landlords need to ensure they have good documentary evidence, such as a thorough and fully detailed inventory, copies of which are agreed and given to the tenant at check-in and check-out. It is imperative that tenants sign their acceptance of the contents of the check-in within seven days of the move in, and this signed copy should be retained by either the landlord.

It is always preferable for both landlord or agent and tenant be present at the time of check in as all the items can then be checked throughout the house, agreed between the parties and the document signed up. It’s always more difficult to get the inventory signed at a later time, once the tenant is in occupation.

When landlords are managing multiple properties it’s easy for documentation to go astray. Software developed specifically for the property industry uses advanced storage methods to combat this common issue says Mr Oxley. Decorus for Sage, he says, their software system backs up information on Microsoft Azure. If inventory information is lost or accidentally deleted, it can be easily restored. The software also runs on cloud servers so logged information can be accessed from any device with an internet connection.”

How to avoid disputes

Paul Oxley here outlines some common mistakes which increase the risk of a deposit dispute:

  • Landlords often make the mistake of thinking that inventories can be heavily comprised of photography and video. Completely photographic or filmed inventories without a complete written accompanying report are almost useless.
  • If photography or film has been used in the inventory, make sure it is detailed enough and dated. Include photographs of the garden; inside of the oven; interior of the shed or garage; and keys handed over to tenants – these are the main areas of problems that occur and are often down to misinterpretation at the end of a tenancy.
  • There is no need to photograph every single corner of the property as this is simply a waste of time – stick to the important things. Films and photographs alone will be of little use in a dispute when an adjudicator is trying to find hard evidence of a particular area.
  • Many landlords do not carry out a thorough and full check-in and check-out of the property at which the tenant was present. Landlords and agents who don’t have this available when they go to court have little chance of winning the case.
  • Often there is no correspondence with the tenant that is documented and no receipts are kept for the deductions on the deposit e.g., cleaning and repairs.

Decorus, with nearly 40 years of combined experience in the property management industry, says that landlord portfolios are unique which requires a property management software package that includes true two-way integration with Sage accounting software, helping landlords grow their property portfolios further, while freeing up time to spend on tenants.

Hosting software on cloud servers is ideal for businesses working from home and with accounting professionals. It makes the business easily scalable, meaning that storage space can be increased quickly if a business expands. This type of server also comes with built-in security features to keep data safe.

The most common deposit claim issues 

The results of the Propertymark study also show that almost nine out of ten letting agents said the main reason tenants don’t get their deposits back is because of cleaning issues. Basically they leave the property dirty. This leaves the landlord either to do a lot of hard and often distasteful work themselves (remember landlords cannot claim for work they do themselves against the deposit of for tax relief purposes) or employ a professional cleaner to do the work for them, in which case they have an invoice for charges that they can use to claim against the deposit.

Most tenancies are professionally cleaned at the start, so while tenants can clean for themselves, landlords often expect a professional level of cleanliness, similar to that which should be clearly documented in the inventory at the start of the agreement.  What is clean to a tenant is not always so to the landlord, and this is where the troubles start.

General basic house maintenance is the second main reason for disputes, in particular garden maintenance which is usually specified in the agreement. Tenants are under a contractual obligation to do this work and if they fail to do it they will lose out, but only if the landlord has enough paper evidence to win a claim.

The onus is always on the landlord, or the agent on their behalf, to prove their case and this means having good solid paper based evidence – the adjudicator (if the landlord decides to go to arbitration as opposed to a County Court) decides who gets what on this evidence alone, and there is no appeal.

The most common reasons why tenants don’t get their (full) deposits back at the end of tenancy agreements Percentage of agents who selected each option
Lack of sufficient cleanliness 88%
Lack of maintenance (i.e. overgrown gardens) 44%
Direct damage to the property and its contents 39%
Unpaid rent at the end of the tenancy 31%
Damage due to carelessness and lack of maintenance 29%
Unwanted personal belongings left behind 12%
Keys not returned at the end of tenancy 2%
Unpaid bills at the end of the tenancy 2%
Pest infestation 2%

Damage to Contents

Hanging pictures on walls, although desirable to brighten up a plain room, often leaves holes and shaded areas on the walls which involves repairs and redecoration for landlords. Pictures should only be hung with agreement with a landlord, otherwise it’s an issues that causes disputes.

Unpaid rent

Deposits should be held until all rent is paid up to the day of leaving, and any overpaid rent should be returned to the tenant. To ensure that rent arrears can be claimed against the deposit the letting agreement should clearly state all the reasons why a deposit can be retained, usually for:

  • Cleaning
  • Basic maintenance
  • Damage
  • Rent arrears
  • Keys and locks
  • Storing tenants’ left belongings

Propertymark offers advice to tenants:

“When you’re leaving a property you’ve been renting, the general rule is to leave it as you found it. Make sure you haven’t left any personal belongings behind, and that the property is clean and tidy for the next tenants. You should flag any damaged items to your letting agent or landlord during the agreement, so that when you leave, it doesn’t come as a shock.

“This will also help you develop a good relationship with them, which will be useful for any reasonable negotiations about the deposit.

“Finally, you should always take photos of the property at the start and at the end of your contract, so that if you need to dispute any of the deposit deductions, you can evidence your points.”

Source: www.decorus-pms.com

View Full Article: UPDATED: Cleaning is still the biggest cause of deposit disputes

Aug
22

Half of tenants are ‘one pay cheque away’ from homelessness – Shelter claims

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A survey of private renters has found that 51% of them are just one missed ‘pay cheque’ away from being made homeless.

The findings from Shelter also found that more than a third said they did not have enough savings to cover their rent if they were to face unemployment.

View Full Article: Half of tenants are ‘one pay cheque away’ from homelessness – Shelter claims

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