LATEST: Judge tells landlords ‘ignorance of HMO rules won’t prevent huge fines’

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A judge has advised landlords not to rely on other people to keep them abreast of licensing requirements after handing out a whopping £47,000 rent repayment order.

Landlord Karen Merricks tried to argue that she was twice given the wrong advice by Tower Hamlets Council when inquiring about HMO licencing, but a First Tier Property Tribunal threw out her argument and had also relied on her letting agent’s advice, ruling that her ignorance was no excuse.

Her seven tenants who lived at the property in Tomlins Grove (pictured), London, will now share out £47,256 after living there for two years from September 2018.

The tribunal heard that Merricks phoned the council around 2017 when someone in the planning department allegedly advised her that she did not need a licence for the property so she made no further enquiries and took no further advice.

The judge ruled: “The advice she supposedly received was clearly wrong on the first occasion and may well have been wrong too on the second occasion.

“There is a significant possibility that either the respondent gave the wrong information or misunderstood the information she was given. The respondent’s ignorance does not amount to a reasonable excuse.”

Keep abreast

It added: “Landlords and their agents would be expected to keep abreast of such matters as the licensing requirements through professional memberships, mailing lists, newspapers, specialist publications.

“The respondent said she relied on agents to keep her abreast of any obligations but such processes are clearly insufficient as she did not pick up on the licensing requirements.”

Kamma CEO Orla Shields (pictured) tells LandlordZONE that many councils are now taking the opportunity to target tenants through the incentive of RROs.

She says: “I think the real lesson for landlords here is that they have to be on top of their compliance. We work with a number of great agents who do a superb job of keeping their landlords informed, but we know that others don’t see it as a priority. Our advice is to work with only the best agents, and give serious consideration to NRLA membership.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – LATEST: Judge tells landlords ‘ignorance of HMO rules won’t prevent huge fines’ | LandlordZONE.

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LATEST: Minister confirms plans for huge shake-up of tenancy contracts

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A serious shake-up of assured shorthold tenancy (AST) contracts is on the cards when the Renters Reform Bill is published this autumn, the government has confirmed.

In answer to a Parliamentary question about how the PRS benefits the economy, Housing Minister Lord Greenhalgh (main pic) said the government was committed to delivering a package of reforms.

“A key part of our future PRS reforms is to ensure the flexibility of private rental tenancies is retained, whilst balancing increased security for those tenants who need and want it, alongside driving an improvement in the quality and standards of PRS accommodation,” he said.

In the consultation document – A New Deal for Renting – the government said landlords who evict tenants for rent arrears or anti-social behaviour using ‘no fault’ grounds masked valid reasons for eviction, which fuelled a culture of mistrust and uncertainty.

No practical purpose

“The ability to use section 21 rests in the assured shorthold tenancies regime. The government is of the view that, with section 21 removed, the assured shorthold regime no longer serves a practical purpose as the ability to create fixed-term tenancies already exists in the Housing Act 1988.”

With section 21 removed, all future tenancies would be assured, either as fixed-term assured tenancies or contractual periodic assured tenancies.

It would mean the default position will be that a tenancy is a periodic assured tenancy unless the landlord and tenant have agreed a fixed term in writing.

A tenant under an assured tenancy won’t be evicted unless the landlord can provide grounds under Schedule 2 of the Housing Act 1988 or at a break point in the tenancy contract where a break clause has been agreed between them.

Read more about the Renters Reform Bill.

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Shocking photos of unlicenced HMO released following £20,000 landlord fine

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Criminal landlord Besnik Halaj has been fined £20,000 for housing vulnerable tenants in an unlicensed and dangerous HMO.

Shocking photos show bedsits in a terrible state, a double plug socket completely removed from the wall with exposed wires and a major mould problem on the kitchen ceiling.

In a case brought by South Derbyshire District Council, the 47-year-old admitted four offences under the Housing Act. 

Problems at Halaj’s property off Elmsleigh Drive, in Midway (pictured) were first investigated by environmental health officers in May 2019, who told him it needed a licence and to ensure that it met safety standards.

A follow-up visit during late 2019 with the police international liaison office found it was still in use as an HMO and now posed a serious risk to the tenants’ health.

Defects discovered

They discovered a deficient fire detection system, lack of fire doors, electrical defects, no hot water, no gas safety certificate and a kitchen in a poor state of repair.

Magistrates said the offences were so serious that the landlord had put people’s lives in danger. Along with the fine, they awarded costs to the council of £1,427 and a victim surcharge of £181.

Councillor Steve Taylor, chair of the environment and development services committee, says: “Halaj wilfully ignored the law and the advice of our officers and tried to profit from the vulnerability of his tenants.

“We will investigate and take action as necessary and any landlord who thinks that they can rent unsafe housing in South Derbyshire had better think again.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Shocking photos of unlicenced HMO released following £20,000 landlord fine | LandlordZONE.

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Not so rich after all! Official data shows 70% of private landlords pay basic rate tax

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New government figures show that more than two-thirds of landlords pay the lower rate of income tax – a picture far removed from a sector full of rich investors painted by some housing campaigners.

Treasury minister Lord Agnew of Oulton revealed the numbers declaring income via self-assessment for letting property in 2019/20 showed that 1,519,000 landlords paid the basic rate of tax, 560,000 paid the higher rate of 40% and 106,000 paid the additional higher rate of 45%.

He was responding to a Parliamentary question from Lord Carrington.

Lord Agnew (pictured) added that the figures didn’t include certain categories of BTL property owners including Scottish taxpayers, those with income below the £1,000 property allowance, those with property income between £1,000 and £2,500 who would declare this via PAYE, and some who did not fall into any of the tax bands as their income would be within their personal allowance.

Lord Agnew added: “During the pandemic, the government has put in place a substantial financial package, backed up by billions of pounds, which is supporting renters to sustain tenancies and to afford their housing costs.

“The government is supporting landlords by providing tenants with extensive financial assistance to continue paying rent.”

He said the forthcoming Better Deal for Renters was designed to help the rental market work better for both tenants and landlords.

Last year, Rentround’s survey of 20,000 landlords showed 20% of landlords were looking to leave the sector, while 33% were unsure about their future.

They blamed uncertainty around property prices post Covid-19, concern about future tax hikes and fear of further rent defaults when the furlough scheme ends.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Not so rich after all! Official data shows 70% of private landlords pay basic rate tax | LandlordZONE.

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What are “Deemed Contracts” and how do they affect Landlords?

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Especially at a time like this, in the middle of a pandemic, when good commercial tenants are hard to find, landlords dread the time when a lease comes to an end, or their tenant goes into administration.

When a commercial landlord loses a tenant, not only do they lose regular rent payments, they also lose all the other payments that their tenants have to find: insurance for the building, business rates, utilities charges and if its a full-insuring and repairing lease, the maintenance costs for the building’s upkeep.

After a 3-month vacancy, in most cases the landlord becomes responsible for paying full business rates, a substantial item which in many cases roughly equates to the rent amount.

Also, because of the increased risk with an empty building, not only does the landlord now take on the cost of providing building insurance, this often approximately doubles in price. Depending on the location the landlord may be forced into taking extra security measures, hiring specialists with alarms, cameras and guard patrols. In some cases it’s even prudent to install live-in guardians.

The Deemed Contract

Something that’s often overlooked is utilities charges and this is where “deemed contracts” come in.

Tenants will often shop around for the best deals they can get from various utilities suppliers, which means that if landlords have several commercial units vacant at any one time they could be dealing with numerous utilities companies.

This may not sound too onerous but that’s deceiving, it can become an administrative nightmare task that takes up a considerable amount of management time.

Who is liable to pay?

Whether the landlords takes back the property because the lease comes to an end, and the tenant does not want to renew, the tenant goes into administration or the landlord decides to forfeit the lease, it is likely that there will be utilities contracts in place.

The law says that even though there is no direct contract between the landlord and the utility supplier, because the tenant signed, a contract is “deemed” to be in place between the supplier and the landlord.

So therefore, gas, electricity, telephone and internet serves and water will possibly all be supplied by way of a deemed contract. Of course, when the property is empty not all these services will be in use, but the supplier will be entitled to invoice for regular (usually quarterly) standing charges.

Also, the landlord may want to retain some of the supplies: electricity for lighting, alarms etc, gas for heating, especially in winter when pipes could otherwise freeze, and water for sprinklers etc.

The Legal Context

The electricity companies rely on the Electricity Act 1989 to give them legal authority, which states that “where electricity is supplied otherwise than in pursuance of a contract, the supplier shall be deemed to have contacted with the occupier (ie., the owner if the premises are unoccupied) for the supply of electricity.” There are similar provisions in place for gas services embodied in the Gas Act 1986.

A quirk of this legislation is that it makes the occupier not necessarily the tenant responsible for the contract. So if the tenant has vacated the premises, even though the lease is still current and in place, the occupier (in this case the owner) becomes liable.

Of course there would be nothing to stop the owner in turn pursuing the tenant for the costs, but as was pointed out above, the whole thing becomes an administrative nightmare for the landlord, especially if the landlord has several units vacant and is dealing with several different suppliers – taking readings, dealing with standing charges invoices etc.

Usually, the financial cost is not great from the individual suppliers, but multiply those costs over several suppliers and property units, not counting the time taken to administer all of this, and the costs mount up.

Complications always arise because the supplying utility companies base their initial charges on previous consumption patterns, so meter readings will need to be agreed and verified and adjustments made to the billing invoices before a void property usage pattern can be established.

Take evasive action early on

When you know that a unit is becoming vacant, or soon after it has done so, you should find out which companies have been supplying the services to the previous tenant.

Makes sure you take accurate meter readings, preferably with photo evidence, so that the charges can be accurately apportioned between landlord and tenant from the day the tenant vacates.

Next step is to contact each supplier in turn and try to negotiate the best deal you can. Leave it to the company and they will probably apply the most expensive tariff, so it’s up to you to ensure that does not happen.

With acknowledgements to Tim Speed of Shakespeare Martineau, Birmingham

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LATEST: Oxford first ever council to stop landlords and agents using ‘No DSS’ adverts

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Oxford has pledged to stamp out DSS discrimination against tenants on housing benefit and Universal Credit – the first council to take such a stand.

A cross-party motion has called on the cabinet to explicitly ban discrimination against welfare recipients by changing the wording of its landlord accreditation scheme to say: ‘You must not discriminate on the basis of age, gender, race, language, sexuality or any other factor that might place an individual at a disadvantage.

This includes indirect discrimination such as ‘no DSS’ or related practices, namely refusing to let prospective tenants on housing benefit or universal credit view affordable properties and requiring guarantors in cases where a prospective tenant’s income is sufficient.’

It wants to ensure that the city’s welfare reform team proactively looks out for, and acts upon, reported cases of discrimination and suggests that a new, formal tenants’ forum should be consulted on housing decisions.

The council’s housing and homelessness panel will monitor action taken to address discrimination against those on benefits while duty housing officers would refer cases to the welfare reform team and independent advice centres.

Green Party councillor Chris Jarvis (pictured) tells LandlordZONE that for too long, some landlords and letting agents have been acting with impunity. 

“DSS discrimination is often covert, however, community union Acorn has documented clear examples of letting agents in the city actively engaging in discriminatory practices against welfare recipients including ensuring that potential tenants are screened before landlords let properties and not letting properties to tenants on universal credit or housing benefit.”

Last July, York County Court ruled that landlords and letting agents risk prosecution if they won’t allow housing benefit claimants to rent their properties. However, last October, an investigation by the BBC Data Unit found Wokingham landlords were refusing to rent to benefits claimants; none of the landlords who listed 45 properties on the website OpenRent accepted ‘DSS income’.

Safieh Kabir, chair of Acorn’s Oxford branch, tells LandordZONE: “We’re proud that our members’ collective campaigning efforts have pushed the issue of covert DSS discrimination out from the shadows.

“Oxford has a deserved reputation as a divided city, and property owners discriminating against renters on benefits is yet another factor squeezing working class people out.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – LATEST: Oxford first ever council to stop landlords and agents using ‘No DSS’ adverts | LandlordZONE.

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EXCLUSIVE: Growing chorus of landlords slamming ‘unfair’ EPCs

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A growing chorus of landlords and housing experts have queried the EPC appraisal process with some claiming that expensive upgrades won’t make any difference to the final EPC score.

Landlords will be expected to raise their properties to band C for all tenancies by 2028, but in a recent survey of 70 valuers by Countrywide Surveying Services, more than 30% said EPCs were not accurate or a reliable source or of high quality.

“The quality of EPCs is often questioned as is the calculation methodology and the growing number of assumptions made to produce the report,” says Ana Bajri, senior technical manager – risk and compliance.

Professor David Emmerson, whose family owns five rental properties, says the country is struggling under a grotesquely unfit-for-purpose algorithm which rewards gas boilers and ‘modern’ night-time electric storage heaters from the 1970s.

He adds: “There are several flaws in the EPC methodology as the price of external energy purchased is factored in the EPC algorithm which makes a nonsense of the EPC being a measure of the intrinsic energy performance of the dwelling itself.”

Not objective

One landlord agrees the EPC method of rating properties is not objective or consistent. “I have two identical purpose-built flats in the same block that have been rated differently, which suggests that the rating process is not standardised or fair,” she says.

“How can landlords work out the effect of improvements if the ‘experts’ responsible for determining the ratings don’t even know?”

Another landlord’s property received a D rating but she discovered it needed thousands of pounds spent on improvements which she could never recoup as the rent is only £530 a month.

“Our rental house is stone built and our tenant is very happy, and states that the house is warm. If we sell up, what will happen to our tenant?” She adds: “I would be happy to support a campaign to fight this injustice.”

NRLA says…

An spokeswoman says: “EPC assessments don’t take into account measures which may be hidden, for example cavity wall insulation, unless the property owner has documentary evidence that they have been installed.

“This can mean that assessments and ratings are inconsistent. We are calling for building renovation passports to replace EPCs.

“These would provide accurate information about the measures already installed and identify what further works can be made to properties in the long-term. 

“They would also provide landlords with useful information about what measures will improve their property’s energy efficiency and provide easily comparable information for tenants.”

Read more criticism of the EPC system.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – EXCLUSIVE: Growing chorus of landlords slamming ‘unfair’ EPCs | LandlordZONE.

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Evictions; The faster and more cost-effective solution

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There are thousands of County Court Possession Orders forming the backlog of cases awaiting an eviction date from the County Court Bailiff Service as a direct result of the pandemic.

Therefore, if you have a Possession Order in the system and are waiting for an eviction date from the County Court, you could be in for a long wait.

It could take months and possibly longer for the courts to clear the backlog alongside dealing with the new cases that are being added daily.

There is an alternative which is not only a quicker route to getting your property back but could also save you hundreds if not thousands of pounds in unpaid rent.

Transfer approved

The eviction can be expedited to the High Court with a simple application to the County Court seeking permission; a District Judge will review the matter and usually approve the transfer.

The up-front cost of High Court Enforcement is greater than those of a County Court Bailiff.

But, given you could be waiting a significant time for the County Court to allocate an eviction date, if you are not being paid rent, then the months of time this will save you makes it the most cost-effective option for you overall enabling you to re-let the property sooner rather than later.

If you have obtained an Order for Possession and in the position outlined above, then we can help.

The process from this point is to make an application to the County Court for permission to use High Court Enforcement. We will assist you with this.

Once the application has been granted, you can then issue a Writ of Possession in the High Court and we will assist you during the process.

Further instructions

Once this has been received, we can execute it in accordance with your further instructions, but only after we have served the mandatory 14-day Notice of Eviction on the tenants or any other occupiers of the property.

To execute the Writ, we will attend at the given time with a locksmith and take back possession of your property for you immediately.

At the point of the eviction, we also serve a ‘torts notice’ too. This is a legal document alerting the owner of items that have been abandoned on private land or property.

The notice period given on ours torts is typically seven days as it needs to be deemed as reasonable, for a larger scale operation you may consider allowing more time.

Items removed

If the tenant fails to act within the terms of the notice, you can then remove any items left behind yourself; you would not be permitted to do so if you had not served such a notice.

Torts are a good way to put pressure on tenants who try to cause further issues and delays; whether you follow through on it or not is up to you.

The test on a torts notice is that you have been ‘reasonable’ so we would not advocate providing less than seven days to protect your own position.

In addition to the eviction, as Enforcement Agents, we are in the unique position of being able to also pursue the tenant for the unpaid rent and costs as awarded as a money judgment on your Court Order (providing they exceed £600).

Pursue recovery

This can be done either at the time of the eviction or you may prefer to pursue recovery of the money later if it is likely that the former tenant’s financial position is going to improve.

Please do not be put off by the horrendously long lead times in the County Courts at the moment as there is an alternative solution which is quicker, more cost effective and from the point of such matters being transferred to us, we have a 100% success rate.

Please get in touch if you think we can help or if you would like more information or guidance.

Contact us and discover how we can speed up the eviction process for you:

Call: 01992 666396

Email: commercialservices@courtenforcementservices.co.uk

www.courtenforcementservices.co.uk

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Evictions; The faster and more cost-effective solution | LandlordZONE.

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Are heat pumps a viable option for rental properties?

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We know that households across the UK will need to adopt a low carbon alternative to traditional heating solutions such as oil, gas, coal or wood burning in the future.

Air source or geothermal ground source heat pumps are being touted as just such an alternative to help the UK reach its net zero carbon emissions targets by 2050.

That’s a long way off of course, but we do know that the UK government has committed to a ‘decisive shift’ away from fossil fuel burning, with the most popular forms of domestic gas boilers to be phased out by the mid-2030s.

The drive for efficiency is only likely to intensify following the Conference of the Parties (COP 26), attended by countries that signed the United Nations Framework Convention on Climate Change (UNFCCC).

The 26th Conference of the Parties to be held in Glasgow this coming November is the most significant COP since the Paris Agreement was signed in 2015 as nations will be reviewing their emissions targets. Six years ago world leaders committed to an historic agreement to keep global mean temperature rises well below 2 degrees C, and to strive to limit the rise to 1.5 degrees C.

A difficult choice

As with the shift away for the internal combustion (IC) engines in cars and vans, there is much debate about which way to go, which systems will win out in the end: fully electric, hybrid, fuel cells, hydrogen etc.

We are talking about new and in many cases untried technologies, heat pumps, biomass and hydrogen and solar, so making a choice as to which horse to back, whether with transport or home heating, is going to be a real challenge for manufacturers and the rest of us in the near future.

The government’s December 2020 energy white paper, ‘Powering our net zero future’ states that new measures are definitely to be introduced soon to start switching home heating, at scale, to low-carbon alternatives.

It means that at some point in the future a low-carbon heating system, or an appliance that can be converted to use a clean fuel, will have to be installed in domestic properties. It is thought that at this stage, though technologies are developing, heating systems using heat pumps or hydrogen-ready boilers, or a combination (hybrid) system, are likely candidates to replace current natural gas and oil fired boilers in the future.

Although heat pump systems are a relatively new technology in the UK, they are not a new idea or application, having been used successfully in Scandinavia, Germany and other parts of Europe for many years, where there is an abundance of renewable electricity – namely hydro or wind turbine powered generators.

How does the Heat Pump work

A heat pump takes energy from either the outside air (air source) and the outside ground (geothermal ground source) and transfers it into heat (similar to a refrigerator in reverse) to be circulated around a heating and hot water system. Electricity is used to run the heat pump, principally a fan, compressor and circulating pumps to transfer energy from the heat source into the heating system.

This renewable source of heat (air or ground) is used to create warm air or water (for space and central heating) as well as hot water (for both central heating and domestic hot water supply) by utilising the small differences in temperature from the source to a fluid. This fluid passes through a compressor, increasing the temperature, and transfers that higher temperature heat to the heating and hot water circuits of the home.

What are the arguments for fitting a heat pump system?

Warning, this assumes that you have chosen a reliable system supplied by a reputable manufacturer and fitted by an experience installer. You need to do thorough research before making a decision as the technology’s use is still at an early stage in the UK.

The main advantages are:

• Overall lower running costs than oil and gas boilers, even taking into account the extra electricity use
• There should be less regular maintenance with a reliable system properly installed
• No carbon monoxide risk
• Meets Carbon Emissions standards
• Can be used to provide cooling, acting like AC
• The system should have a long life-span
• It is eligible for the Domestic Renewable Heat Incentive (RHI)

What are the downsides to Heat Pumps?

There are some disadvantages to heat pumps, the primary one being the high initial investment required, but also a property needs to be very well insulated if the heat produced internally is to be adequate.

• High upfront cost – typically between £6,000 to £20,000 depending on installation and property size
• Requires a property with very good insulation
• Difficult to install so an experience supplier and installer is a priority
• Requires significant work and disturbance, particularly ground source which also require suitable ground space
• There can be issues in very cold weather
• Some questionable the overall sustainability and whether these systems are entirely carbon neutral
• Planning permission may be required

So is a heat pump system suitable for a rental property?

These are personal views, so take this with a piece of salt! When we are talking about a new-build with current specification insulation and where the property is off the mains gas grid, then fitting a heat pump system for the long-term is the most viable of the heat pump options. It should save money in the long run, cut down on maintenance requirements, add to safety and fitting the system along with the build will ease installation work and will likely reduce the payback time.

Retro fitting a system in a well insulated home, where the alternative sources of heat are electricity, oil or LPG, will also mean that a heat pump system can give substantial savings. But careful due diligence will be needed to calculate the payback time and chose a suitable manufacturer and installer.

It is likely to be less advantageous to fit these systems when mains natural gas is available, certainly in the short-term, ie., up to 2035.

My own experience, of staying in a well insulated holiday lodge, heated by a Panasonic air source heat pump, during a cold spell, was that an air source system (deemed to be not quite as efficient as a ground source system) provided very adequate room heating and hot water.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Are heat pumps a viable option for rental properties? | LandlordZONE.

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Pioneering virtual landlord show to stage final event as Covid retreats

admin    Uncategorized     agents

This Thursday landlords have a final chance to attend one of the sector’s leading virtual property shows before gatherings like this return to live events later this year.

Property investment expert Simon Zutshi is hosting the closing edition of his free all-day online conference via Zoom featuring eight leading experts who will be giving half-hour presentations throughout the day each followed by Q&A sessions.

He says advice for landlords is much needed at the moment – the pandemic has been a testing time for many residential and commercial landlords as the Section 24 tax relief changes, Covid eviction restrictions and other regulatory changes have rolled in.

“These are not sales pitches but advice sessions from some of the experts within the evictions, finance, entrepreneur, investment and service provider sectors, all available from the comfort of your own home,” says Zutshi.

He launched the initiative back in April 2020 after Covid prevented events like the Property Investor Show and the National Landlord Show from holding live events. Both are scheduled to return as face-to-face shows later this year.

“We’ve done these virtual shows a couple of times and they’ve been popular,” adds Zutshi.

“But this will be last time as the world’s opening up now that everyone’s been jabbed and the Property Investor Show, for example, is back at Excel in October – an event I’ve been attending since 2003.”

Bounce back

Zutshi’s experts will give landlords an update on the investment market and the current changes and opportunities within the market as it bounces back.

There will also be a presentation by evictions expert Paul Shamplina on the fast-changing possession regulations applicable to PRS landlords.

Other speakers during the day include Morgan Stuart of broker GPS Financial, Mike Bristow CEO of funding platform CrowdProperty, commercial property expert Ranjan Bhattacharya, Dan Hill from Property Entrepreneur and Stuart Scott, one of the pioneers of co-living. The events kicks off at 9.15am on 29th July.

Register for free for the virtual show.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Pioneering virtual landlord show to stage final event as Covid retreats | LandlordZONE.

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