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

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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?

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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

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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

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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?

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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

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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

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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

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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

Section 13 rent increase and the Tribunal?

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Hello, my tenants are on a periodic tenancy, only because they refuse to sign a new Tenancy Agreement.

Recently I served a section 13 to increase the rent up to the current market value, but the Tenant only offered fifty pounds

View Full Article: Section 13 rent increase and the Tribunal?

Majority of landlords have ‘no idea’ about EPC deadline and costs, survey reveals

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Most landlords are still in the dark about EPC changes, a new survey has found, raising fears that they could be blindsided when proposed new rules become law in 2025.

Only 57% of landlords with a single property and 77% of those with four or more properties in their portfolio aren’t aware of the need to get new properties up to an EPC grade C while just 38% fully understand what the new regulations will entail, according to Market Financial Solutions’ (MFS) poll of 459 investors.

Despite this lack of awareness, there is surprising support for the changes as 48% believe the government is right to take action to improve the energy efficiency of rental properties. However, a significant majority (64%) of landlords are unsure of how to make their properties more efficient and 65% want more support to help them adapt their homes

Those planning changes cite replacing lightbulbs with LED lighting (73%), loft or wall insulation (70%), new windows (68%), installing a smart meter (67%), and installing energy efficient kitchen appliances (64%).

Rents

MFS reports that just 15% of landlords have spoken to a broker or lender about securing finance to improve their property’s energy efficiency while 52% are considering increasing rents to pay for any renovations needed to comply with the new regulations.

This number falls to 42% among landlords aged 55 or over, which could point to older landlords having more capital.

CEO Paresh Raja (pictured) says that in the current climate, many landlords will not have the liquid capital needed to make energy efficiency changes to their properties.

“Flexible financial options – like bridging loans or BTL mortgages – could prove vital for landlords who are looking to keep up with a rapidly changing regulatory landscape,” he adds.

Read more about EPCs.

View Full Article: Majority of landlords have ‘no idea’ about EPC deadline and costs, survey reveals