Agent requesting 2 months notice on a periodic tenancy?

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Hello, I’m hoping the Forum can help me. Bit of a different one as the advice needed is for a tenant rather than a landlord.

My niece has a periodic tenancy after the fixed term lapsed. In the initial contract

View Full Article: Agent requesting 2 months notice on a periodic tenancy?

Opinion: Should “Awaab’s law” be applied to private rented sector?

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The Government has now committed to delivering “Awaab’s Law” in a new amendment to the Social Housing Regulation Bill.

But does the Government intend to place the same onus on private landlords, and is this law totally fair?

I can’t help feeling perplexed as to just how Housing Secretary Michael Gove can think this law is going to be a total solution, but it does give the impression of a Government taking action?

Awaab’s Law is designed to force social landlords to promptly fix damp and mould when it appears in tenants’ properties. The new law has come about as a result of two-year-old Awaab Ishak’s death in December 2020 from a respiratory condition caused by “extensive” mould in a one-bedroom social housing flat, where he lived with his parents in Rochdale, Greater Manchester.

The new law is met with great enthusiasm by the housing charities and tenant organisations but is their faith in it well founded?

Now, housing charity Citizen’s Advice is calling for the same “Awaab’s law” to apply in the Private Rented Sector (PRS), where the charity claims that around 2.7m households in England are contaminated by damp, mould or excessive cold.

The new law, the Government says will:

• Crackdown on damp and mould under new legislation in memory of Awaab Ishak
• [Social] Landlords must investigate and fix serious problems within strict time limits
• [Give] New powers for Housing Ombudsman to help landlords improve performance, in amendments to the Social Housing (Regulation) Bill.

Applies to social landlords only

Once the new law is enacted social housing landlords will be obliged to investigate and fix damp and mould in their properties within strict new time limits, that’s according to an announcement by Housing Secretary Michael Gove on Thursday 9 February.

Amendments have already been tabled to the Social Housing Regulation Bill which will bring about the introduction of “Awaab’s Law”.

Swift action

Mr Gove acted speedily following the tragic death of two-year-old Awaab Ishak, which the coroner concluded was caused by the damp and mould that existed inside the family’s home. The social housing flat’s tenancy was managed by Rochdale Boroughwide Housing, an organisation that has since had its funding blocked, preventing the company building new homes until it can prove it is a responsible landlord.

The Housing Secretary confirmed the Government’s commitment to the new law in social housing when he visited Rochdale recently and met with Awaab’s family and the Interim Chief Executive at Rochdale Boroughwide Housing.

So far the Government has not indicated that the new law will apply directly to the PRS but this has not stopped housing charities including Citizen’s Advice calling for such a move.

However, we await the changes to the PRS to be introduced, probably this year, by The Renters Reform Bill. It is predicted to bring big changes for landlords and tenants in England in particular the abolition of Section 21 and the introduction for the Decent Homes Standard, previously applying only to social housing.

The bill is part of the government’s white paper – A Fairer Private Rented Sector. The paper provides the Government’s commitment to “delivering a fairer, more secure, and higher quality Private Rented Sector” and promises to be the “biggest shake-up of the rented sector for 30 years”.

It is very likely therefore that the bill will contain some measures along the lines of Awaab’s law when applied to the PRS.

Back to Awaab’s Law and social housing

The Government has stated that a consultation is to be held later this year to establish time-frames within which social landlords will have to act to investigate hazards and carry out any necessary repairs.

The new rules are to form part of the tenancy agreement, so tenants can hold landlords to account through the courts if necessary, a measure which will also form part of the PRS’s Renter’s Reform Bill.

Housing campaigners are now calling for private landlords to be held to the same high standards as will be introduced by “Awaab’s Law” in the social sector. Citizen’s Advice claim that there could be as many as 1.6 million children living in the PRS at risk of health issues due to damp, mould or excessive cold.

Head of energy policy at Citizens Advice, Gillian Cooper, has said:

“Every week we hear stories of people living in cold, damp and mouldy properties they can’t afford to heat properly. Improving energy efficiency in privately rented homes has never been more urgent. It’s the step needed to keep people’s essential bills low, while also helping to protect their mental and physical health.”

The Government is acting but will it work?

When it comes to damp, mould or excessive cold I’m intrigued to know if Michael Gove really understands the issues involved? The are long-standing issues in all tenancies whether social or private, in which so far an effective universal solution has proven largely elusive.

Does Mr Gove really understand or is this a knee jerk reaction to a problem that could blow up in the Government’s face: urgent action was need in the high profile Awaab case to divert public attention, but does placing the onus of finding a solution on to the landlords solve the problem completely?

Yes, it’s good to carry out investigations to find the extent of the problem, but can the perennial problem of condensation and mould in rental homes really be solved by this law and the sole action of landlords – personally I doubt that.

We know that these problems are caused by poor heating and ventilation – removing steam created by cooking, washing and clothes drying, at source. We also know that poor housing stock often has inefficient and costly heating systems.

Landlords in the PRS are most likely going to have to improve the energy efficiency of their units to EPC level “C” over the next few years. A good thing in itself, this still leaves a big question in my mind: how can any landlord ensure that every tenant applies enough heat, and ventilates steam at source, so as to keep their properties free from condensation and mould?

This is where we enter a contentious and controversial sphere: how can a landlord possibly force a tenant, one who is struggling with their finances, to maintain that minimum level of heat to fend off that dreaded black mould, the toxic growth that has the potential to destroy the health of anyone living in the property.

High cost of energy

Given the cost of fuel – especially this winter in an energy crisis – many tenants would rather economise on heating and get used to living in cold, than go without food. But the consequences are, as we know, damp and mould, it’s inevitable. How come one tenant in an identical flat, with identical heating etc., can be free from this menace, while another tenant next door produces a property looking like the Black Hole of Calcutta?

Over the years I’ve racked my brain to solve this conundrum. It’s very easy for Michael Gove to speedily bring in legislation which covers himself, gives the appearance of immediate effective action, enthusiastically received by all, placing the onus squarely on the shoulders of landlords.

It is almost certain the measures will eventually apply to private landlords, but is that fair? Yes it will encourage landlords to use their best endeavours to contain the problem, but they don’t live with their tenants like Rigsby, they can’t control everything.

View Full Article: Opinion: Should “Awaab’s law” be applied to private rented sector?

Expert slams licencing schemes for red tape that ‘punishes good landlords’

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Propertymark is calling for more local authority funding to ensure licensing schemes don’t unfairly burden compliant landlords.

It says councils’ scant resources and inadequate staffing levels mean processing licence applications takes longer than it should and hampers their ability to deal with admin, leaving landlords frustrated and uncertain about their entitlements while being processed.

In Tower Hamlets, some Propertymark members took months to get their licence.

One of the largest licensing scheme proposals in Brent would cover about 50,000 PRS properties, according to Tim Thomas, policy and campaigns officer (main picture).

“To base an estimate on one staff member visiting three properties per day, it would take over 50 years to complete checks on every property which is a completely unrealistic number to ensure were compliant,” he says.s

Rogue operators

Landlords are paying up to £1,215 per HMO property while rogue operators continue to operate under the radar, according to Propertymark.

It reports that while some local authorities are acknowledging the difference being part of an accredited organisation makes and offering discounts, it believes this offer should be taken up by more councils in order to limit the costs for good landlords.

Propertymark is voicing its concerns to local authorities and local representatives and explaining why it believes licensing is not the best way to improve standards across the PRS.

Adds Thomas: “As more and more schemes pop up, we will continue to engage with all levels of politics and government to ensure local authorities are targeting their scarce resources appropriately and good agents and landlords are not burdened with overzealous licensing schemes.”

View Full Article: Expert slams licencing schemes for red tape that ‘punishes good landlords’

Rent yields outstrip house price rises

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The UK’s highest average rental yields are in Bradford where they currently stand at a massive 11.06%, according to a new report.

Data from debt advisory specialists, Sirius Property Finance, revealed the current average UK rental yield is 4.08%

View Full Article: Rent yields outstrip house price rises

Tenant suing for condensation problems?

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Hello, I have a tenant who is suing me for damp and mould problems. When the tenant moved into the property it was just renovated with a new carpet and painted throughout. The flat is a two bedroom ground floor.

View Full Article: Tenant suing for condensation problems?

Single occupancy AST installs wife and 2 children?

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Hello, In November 2022 I accepted a new tenant on a 1 year AST. The property is a 2 bed first floor flat in a converted building.

He is aged mid 30s (I think of Nigerian origin) and doing a post grad course at a local University.

View Full Article: Single occupancy AST installs wife and 2 children?

SCAM alert: Landlord and agent pics being used to lure rental ripoff victims

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A BBC investigation has uncovered a new property rental scam that uses Facebook Marketplace and then fake accommodation booking sites to lure in unsuspecting tenants.

Called an advance rent payment scam, a technique that has been around for many years, this version of it is more sophisticated and difficult to spot.

Criminals use photographs pinched from the leading portals including Rightmove to advertise real properties for rent on Facebook’s free-to-use marketplace.

As is usual in these scams, the properties are improbably luxurious but offered at very low rental prices.

One example LandlordZONE found (pictured) is a three-bedroom modernist property in Clapham, London recently on the market for £2 million – where they scam lister found the photos – offered for rent at £1,000 a month – at least £4,000 less than its market value.

These listings are used to establish contact with victims, who are then asked to book their tenancies through fake but convincing copies of the either the Airbnb or TripAdvisor websites, via which they are urged to pay for their deposit and first month’s rent by bank transfer.

Designed to take advantage of inexperienced or desperate tenants, the BBC journalist conducting the investigation was hard pressed to tell the difference between real and fake TripAdvisor and Airbnb pages.

Majority

Reporter Shari Vahl also claimed during the programme that the vast majority of properties advertised on Facebook Marketplace in London were posted by scammers, a problem she claimed was likely to be taking place elsewhere too.

LandlordZONE has approached Meta, the owner of Facebook, for comment.

Another example given was a one-bedroom luxury ‘bills included’ furnished flat in Chelsea advertised for £1,300 a month which the real landlord was advertising on Rightmove via their agent for £3,600 a month.

The fake listings are made through the accounts of real people whose accounts have been hacked and then compromised.

Arguably the most worrying aspect of this is that landlords’ properties are being used in criminal enterprises to rip off vulnerable people moving home, often stealing significant sums off them using images taken by agents or their landlords.

Facebook has been investigated before for other rental scams facilitated by its marketplace.

Listen to the programme in full.

Picture credit: Knight Frank

View Full Article: SCAM alert: Landlord and agent pics being used to lure rental ripoff victims

BLOG: Will Section 8 eviction grounds be enough when Section 21 goes?

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With the likelihood of Section 21 evictions being abolished all eyes are on the 17 grounds for possession under the existing Section 8 procedure.

In the near future these are to be the main tools landlords will use to evict tenants who don’t pay the rent.

As it currently stands there are eight mandatory grounds and nine discretionary grounds of which 8,10 and 11 are the most commonly-used for rent arrears.

But only one of these is mandatory so if we are looking to evict on the grounds of rent arrears, our tenant needs to be two months behind when we serve this notice. 

And once notice is served it’s likely the landlord will kiss goodbye to any more rent payments, which means there is a risk of big arrears by the time you reach a possession hearing.

Still, at least a mandatory ground guarantees possession. Or does it?

I spoke to a landlord recently who had not been granted possession despite following this process to the letter. 

The tenant had been paying their rent erratically for three years and after multiple failed payment plans and promises, the landlord finally decided that it was time to serve notice to avoid the debt snowballing.

He also had a very good tenant in another property but it was losing money so he realised that evicting the first tenant would kill two birds with one stone; the second tenant could move into the first property.

The agent served the Section 8 notice and papers were hand delivered to court on 23rd December 2022 seeking mandatory possession of the property.  The hearing date was scheduled for 7th February 2023.

No evidence

The rent arrears tenant did not submit any defence in advance of the hearing and brought no evidence of their claims to the hearing.

Following a brief hearing, the judge exercised their discretion to ignore the ‘mandatory’ aspect of statutory law, and instead ordered a suspended possession order. 

This means that while there is a legal requirement for the tenant to pay the rent plus a contribution towards the arrears each month, they can stay in the property; possession was not granted. 

To add insult to injury, the judge also only awarded half of the landlord’s costs.

Worrying outcome

This is a worrying outcome. Landlords are a service provider and most strive to provide the best service and work hard at developing good relationships with their tenants. 

These negative experiences only serve to harden the heart, meaning that many landlords will be less inclined to be patient with defaulting tenants in the future. 

This is, of course, a business with contractual responsibilities on both sides. But the compassion element, certainly in this instance, was diminished by the actions of the judge.

When the government abolishes Section 21 their idea of a “robust alternative” needs to be demonstrated, as even a statutory statement of the “grounds on which courts must order possession” can be ignored if the judge is so minded. As this case proved.

Victoria Valentine (main picture) is a client co-coordinator at Landlord Action

View Full Article: BLOG: Will Section 8 eviction grounds be enough when Section 21 goes?

NEW: Consultation launched on how to stop unfair council tax re-banding of HMOs

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The Government has launched its promised consultation on its plans to reform the way HMO properties are valued for council tax.

If enacted as proposed, this will ensure that all HMO properties within England are banded as one property and have one council tax band, other than in ‘exceptional circumstances’.

Ministers at the Department of Levelling Up, Housing and Communities are seeking the views of landlords on the proposals, which include several options that would force the Valuation Office Agency (VOA) to consider an HMO to be a ‘single dwelling’.

This aims to redress a problem highlighted by LandlordZONE last year by several MPs and leading landlords who protested over Portsmouth City Council’s policy of asking the VOA to reassess HMOs for council tax in such a way as to attract a band for each individual room.

This is designed to help councils like Portsmouth’s raise more funds via their council tax as their central funding has been cut. Last year the city warned of a £6.8 million ‘black hole’ within its budget.

But it is not alone in doing this and campaigners say some 50 councils across England have used or are considering using HMO council tax re-valuations.

Rebanded

Back in October last year leading HMO landlord Darryn Brewer revealed to LandlordZONE how 68 of his bedrooms had been re-banded in Portsmouth as individual properties which would rake in an extra £72,000 a year for the council.

The Government is now seeking to remedy this situation and says it wants to “provide greater certainty and consistency in the way that accommodation in the HMO sector is banded for council tax, and to ensure that HMOs are banded as one property and have one council tax band, other than in exceptional circumstances”.

Examples of such exemptions would include when an HMO includes self-contained accommodation, the consultation says.

Respond to the consultation.

View Full Article: NEW: Consultation launched on how to stop unfair council tax re-banding of HMOs

Property not registered with HM Land Registry after 16 months?

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Looking for some post-completion help, please. We are new to property investing and we purchased two buy-to-let properties within a month of each other, using the same conveyancing solicitor. The first property we were able to refinance 6 months after works were completed without a hitch.

View Full Article: Property not registered with HM Land Registry after 16 months?