Only a handful of campaigners gather outside parliament to call for another evictions extension

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Protesters have gathered outside Parliament in a last-ditch attempt to persuade the Government to protect renters after the eviction ban ends on Sunday.

The final push – “a socially-distanced, but spirited and angry protest” according to organiser the Homes For All group – failed to generate large crowds; in fact, according to its Facebook page, only 28 people turned up to the No Evictions protest in Parliament Square.

The group says that while the Government has made vague comments about protecting tenants from eviction, there’s nothing in writing.

Homes for All, a non-party alliance of tenants, trade unionists and local housing activists, argues that the action doesn’t honour the pledge made at the start of the Covid-19 crisis when ministers vowed that no-one would lose their home during a pandemic.

“In London today, an 83-year-old woman is being threatened with eviction by her private landlord, from a home she’s lived in for 50 years. The current eviction ban is all she has to protect her,” says Glyn Robbins of Homes for All, a housing worker.

“Our question for the Prime Minister is: where’s the promised action – or will tenants lose their homes due to the pandemic?”

Alicia Kennedy, Generation Rent director (left), adds: “When the eviction ban is lifted, renters who’ve already had notice from their landlord will have no idea what protections they’ll have left. We’re calling for emergency legislation to end coronavirus evictions and funding to end the rent debt crisis.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – Only a handful of campaigners gather outside parliament to call for another evictions extension | LandlordZONE.

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SPOTLIGHT: Why it’s time to regulate the UK’s unlicensed evictions specialists

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In the UK anyone offering a specialist eviction service can operate as as a solicitor or firm licensed by the Solicitors Regulation Authority (SRA). Or it can operate without that stamp approval, albeit without the legal authority to complete many parts of the process.

This has created a grey area into which many unlicensed firms, many calling themselves ‘lawyers’, have leapt offering cut-price services that often fail to deliver the same level of service or competencies as a licenced operation.

This grey area exists because the SRA’s remit means it can only deal with the actions of those solicitors or the firms they run under the Solicitors Act 1974.

And even if an unlicensed firm employs an in-house solicitor – which many do – they still cannot provide ‘reserved’ (see definition below) activity through organisations that the SRA does not regulate.

What does reserved mean?

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The SRA told LandlordZONE: “Our regulation is about protecting the users of legal services who have engaged a solicitor firm. We have no remit with landlords or their agents if those agents are not solicitors.”

There are dozens and possibly hundreds of companies who offer an unlicenced eviction service in the UK, often including the word ‘lawyer’ in their company names or websites who continue unchecked or policed.

“They are easy to spot because they are usually much cheaper than licenced eviction specialists,” says Paul Shamplina, star of Channel 5 TV show Nightmare Tenants, Slum Landlords.

“But all too often we pick up cases from landlords who have gone for the cheap option but who then find out that the paperwork has not been prepared properly and their cases are thrown out by the judge.”

Test case

This situation has been continuing for years, despite a test case in 2018 concerning a possession case in Birmingham (Kassam vs Singh) during which the judge made it clear that he considered the way in which unlicensed companies operate to be unlawful under the Legal Services Act 2007.

As that case also highlighted, procedural mistakes made by unregulated eviction companies can be both costly and waste a lot of time for landlords.

And without the indemnity insurance afforded by an SRA licence, landlords have little recourse other than to take the company to court to recoup their losses.

Think carefully

“We advise landlords to think carefully before instructing any firm to carry out possession services to ensure they are working with a reputable company,” a spokesperson from the NRLA told LandlordZONE.

“This should include seeking recommendations through word of mouth and searching for reviews on reliable websites. It is important also to ensure that before agreeing to use such services, landlords understand clearly the costs and what will be provided.”

Little progress has been made towards regulating or licensing the entire sector (rather than just parts of it) since the Kassam vs Singh case.

MoJ register

But official action could be forthcoming. The Ministry of Justice (MoJ) last week told an industry conference that it is considering whether to create a register of unregulated providers of legal services and give their clients access to redress if things go wrong.

Peter Rowlinson, head of UK legal services policy at the MoJ said that it doesn’t make sense that while the client of a lawyer advising on a will, for example, had the protection of both regulation, indemnity insurance and access to the Legal Ombudsman, the client of an unregulated provider did not.

In the private rental market, this issue of parallel ‘legal services’ provision is particularly pressing because many more landlords will soon be seeking help as they attempt to remove tenants who have defaulted on their rent before, during or after Covid.

Tim Frome (right), Head of Legal at Landlord Action, also says some of the cases he deals with involve letting agents who claim to have the in-house expertise to complete evictions but which in reality do not, or who use an unregulated specialist, in both cases in the hope of making extra revenue.

LandlordZONE put this to ARLA Propertymark, but it declined to comment.

“We are seeing clients come to us after using an unlicenced evictions specialist which has ended up making their situation worse after they have made basic procedural legal mistakes or, in some worse-case scenarios, blatantly lied to a landlord about their capabilities and the progress of the eviction,” says Frome.

“It is then left to licenced companies like ours to unpick the mess after the landlord has realised often too late they may have to go back to square one after months of unnecessary waiting and expense.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – SPOTLIGHT: Why it’s time to regulate the UK’s unlicensed evictions specialists | LandlordZONE.

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EVICTIONS: Tory faithful turn against government’s ‘anti-landlord policies’

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The Tory party faithful have begun speaking out against the Government’s private rented sector policies and its disregard for landlords.

Historically acknowledged as the party of the landlord, Conservative party member Chris Town – himself a landlord – says that by executing a U-turn on the evictions ban, the Government has lost the trust of a large number of natural Conservative supporters.

Says Town: “It’s completely unacceptable to expect landlords to undertake the responsibility of the state to subsidise those who are struggling to pay their rent.

“I might expect Labour to have no sympathy for landlords, but I would hope that a Conservative Government would show some understanding that most landlords are not wealthy and cannot afford to forgo rent for long periods of time.”

He believes interest-free tenant loans paid to landlords are the best way to cover Covid-related arrears.

“Similar schemes have already been developed in Scotland and Wales meaning once again that the UK Government is on the back foot, rather than taking the initiative to support renters and landlords,” adds Town.

Writing in The Telegraph, Baroness Altmann also supports the call for tenants’ loans, as well as loans or direct relief for landlords to tide them over their loss of income. The peer says the further evictions suspension is “not what one would expect from a Conservative government”.

She believes that many landlords, especially pensioners, are deeply disappointed that it hasn’t recognised the problems they face when tenants stop paying their rent, and urges the Government to redress the balance that has tipped so far against landlords.

“It’s time to recognise that most landlords are not heartless corporations, but decent citizens who have worked hard to invest in a property to supplement their income,” says Altmann.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – EVICTIONS: Tory faithful turn against government’s ‘anti-landlord policies’ | LandlordZONE.

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80% of landlords we polled want the option to reject DSS tenants

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The ‘No DSS’ debate is raging hard within the PRS but landlord sentiment is clear on whether they should be prevented from refusing tenants in receipt of Universal Credit, a new poll by LanldordZONE has revealed.

Nearly 80% of those we polled said landlords should not be stopped from refusing those on benefits.

This is despite a strong campaign by Shelter to persuade landlords and lettings agencies that the practice is immoral and, under some circumstances, illegal.

In July the charity won a landmark ruling at York’s County Court that a letting agent unfairly discriminated against a single mum-of-two with a disability, on the grounds of sex and disability under the Equality Act, after telling her it operated a blanket ‘No DSS’ policy. And earlier this month it won a second, similar case in Birmingham.

But our poll shows many landlords are not aligned with the NRLA, which to an extent supported Shelter’s position.

Discriminate

The landlord trade association said after the York case that “no landlord should discriminate against tenants because they are in receipt of benefits.

“Every tenant’s circumstance is different and so they should be treated on a case by case basis based on their ability to sustain a tenancy.”

The many comments on Twitter in response to our poll revealed exasperation among landlords about attempts to stamp out blanket rejection of DSS tenants by agents and landlords.

Victoria Clegg said: “I’d be happy to accept DSS if I knew the rent would be paid. As it stands councils are unwilling to pay the landlord direct. “This leads to non-payment and no rights for the landlord. The answer to the question is a resounding NO!”

John Doyle added: “I have no problem with DSS claimants if they meet the affordability requirements, but at some properties DSS claimants can’t meet these requirements.

“It’s very frustrating when you have to waste time explaining to them how they won’t be able to afford to pay their bills.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – 80% of landlords we polled want the option to reject DSS tenants | LandlordZONE.

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Property118 is Recruiting

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Property118 are looking to appoint self-employed Marketeers throughout England.

• Unlimited income potential
• No fixed hours
• No setup costs
• Training and support provided

The opportunity involves appointing Estate Agents and Mortgage Brokers as Introducers of new business to the Property118 Tax Team.

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Stick to a realistic asking price

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The latest market research from Rightmove may suggest that if you want to sell a property quickly you should set a realistic asking price and stick to it.

Rightmove reported on over 300,000 properties listed for sale between 13th May and 31st July looking to see if the price was reduced or if they were under contract to sell at the asking price before the 1oth September.

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The National Landlord Investment Show launches online shows for September and October 2020.

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PRESS RELEASE

The National Landlord Investment Show launches online shows for September and October 2020.

As a live event, 2020 has presented us with exceptional challenges. Our response is to lead the market by delivering the first ever online show dedicated solely to the UK buy-to-let market.

Partnering with an established digital events platform, the National Landlord Investment Show will be delivering 3 virtual events throughout September and October, finishing the year with a return to Olympia London on November 3^rd for our only live event of 2020.

Visitors will still be able to connect with their favourite brands and discuss their needs in person, easily browse the superb products and services on offer, watch seminars by leading industry experts, network and benefit from the depth of knowledge and experience the National Landlord Investment Show has to offer, but from the comfort of their home or office.

To keep it simple, the 2020 show dates will remain unchanged, and we’ll continue to service our audiences by region, with individual shows for Birmingham (Sept 28), Manchester (Oct 8) and Cardiff (Oct 22).

We have Thousands of landlords, investors and property professionals hungry to hear about services or products and listen to seminars. We’ve already seen 100’s of landlords register for our live events and have no doubt they will be equally eager to engage online.

Show Founder Tracey Hanbury shared her view: ‘It’s been a challenging year for the events industry, but this a hugely exciting opportunity for us at the Landlord Investment Show. We have exhibitors galore with superb products and services, and an audience hungry to engage post the Covid-19 vacuum. With the property market remaining buoyant, and government incentives to buy, there’s no time like now to get involved’.

As always, entry is free, all you have to do is register. Learn more about the Online Landlord Investment Show by visiting our website www.landlordinvestmentshow.co.uk/all-2020-shows

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – The National Landlord Investment Show launches online shows for September and October 2020. | LandlordZONE.

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The landlord – tenant relationship is at times fought with difficulties

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Unpaid rent, destroyed properties, anti-social behaviour, all very often intractable problems a landlord must somehow deal with right now. With even the best will in the world, and all necessary efforts to stay in contact and keep communication channels open, the nuclear option, eviction, is sometimes the only answer, the last resort.

Of course no landlord wants that, responsible long-term landlords want tenants to stay as long as possible, maintaining their income stream and looking after the property, getting along with neighbours and all is hunky dory! Covid has rather “upset the apple cart” regarding all of this and is challenging not just good tenants, but good landlords as well. It needs a bit of common sense and cooperation from both sides.

If a tenant is struggling to pay, then rescheduling payments or even waiving part of the rent, say 20 per cent off where a tenant is on furlough, would perhaps be a sensible solution. Creating goodwill should be the aim of all good landlords under the current difficult circumstances, but not all of that is appreciated or responded to.

This story is about a Dublin landlord who became so fed-up with some problem tenants he recorded footage of the property after departure: it shows large amounts of waste left behind as well as filthy work surfaces and flooring, a rubbish-strewn kitchen, pet faeces in the living area and a marble bathroom destroyed by hair dye. The tenants left owing rent arrears of €45,000.

The Irish Republic has an acute rental housing shortage, while rents are soaring because of it, and tenant friendly legislation introduced some years ago, with partial rent control, some argue, exacerbates the situation.

This was an experienced landlord who let the Dublin house back in 2017 for €3,300 per month. All went well for the first eight or nine months, until the tenant simply stopped paying rent in around April of 2019. According to The Irish Times the landlord ignored the arrears for a month, but when no rent was paid the following month, the letting agent acting for the landlord wrote to the tenant requesting payment. No response! So the agent then suggested to the tenants that they vacate the property, with no penalty for breaching their contract. Again no response.

One thing about the Irish system now also in common with the Scottish one is that landlord – tenant disputes have been taken out of the hands of the courts and given over to specialist rent tribunals. You might see this as a good thing, in fact the English landlord associations have been lobby for a similar system in England for some time.

The Residential Tenancies Board (RTB), the name of the Irish agency established to resolve disputes between tenants and landlords, was applied to by the landlord in this case. When it came to adjudication – a process which took some six to seven months, with unpaid rent of €3,300 racking-up each month – thankfully the ruling went in favour of the landlord.

That of course is not the end to the sorry tale the landlord had hoped for. The tenants, as is their right, appealed this against the tribunal ruling and the case was then submitted for another tribunal hearing.

So much for the neat solution of having a Housing Court in England: if this case is anything to go by it’s no better than the courts!

But wait, that’s still not the end of it. With the Irish Republic in the EU, legislative matters tend to be quite convoluted and difficult, and under the Human Rights umbrella, the tenant took up a claim for discrimination against the landlord to the Workplace Relations Commission. If the WRC had found in favour of the tenant it would have resulted in a €50,000 fine – but fortunately for this landlord it didn’t.

Now the landlord awaits a tribunal date as he can’t get a court order to evict without going through the tribunal first and he thinks it will cost him “at least €50,000” to put the house right. In the meantime, the bank is talking about pursuing him for mortgage arrears and is threatening repossession.

The landlord told the Irish Times:

“I don’t believe they should be able use the system to stay in a property rent free,” adding that even if the RTB rules against the tenant at the tribunal, pursuing the unpaid rent may require going to court to get a judgment against the tenant, and then hiring a private investigator to track them down.”

This tale of woe is being mirrored to varying degrees across the UK due to the coronavirus pandemic, lock-down and the eviction moratorium. Some landlords are suffering unacceptable amounts of loss of which the above case is just one example.

One of yesterday’s stories on LandlordZONE about English landlords seeking help and guidance from the Scottish market, as it has been dealing with tenant friendly legislation for longer, says nothing of how to deal with this kind of unreasonable and the intractable behaviour of rogue tenants. No amount of transparency and good communications on the part of the landlord could solve this one.

It seems so unfair that those unfortunate landlords who come up against this, being stuck with difficult and unreasonable tenants, are being left high and dry, simply because of a blanket band on evictions and a court system that’s simply not working.

The Irish Times was told that this landlord’s experience appears to be far from the exception:

“While in the UK it’s possible to pay an extra 4-4.5 per cent to insure yourself against rent arrears, no such product currently exists in Ireland, which can leave landlords vulnerable.”

“No-one is talking about this – everyone is talking about landlords gouging people,” said a Dublin docklands agent, Owen Reilly, adding that while the market is obviously dysfunctional for tenants, it’s also not working properly for the landlord.

It’s so depressing from a UK landlords’ point of view that a Housing Court or Rent Tribunal as it operates in Ireland, with some claiming an average of 12 weeks waits before a hearing, is not the magic solution it promised to be, and there are calls there for it to be scrapped.

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – The landlord – tenant relationship is at times fought with difficulties | LandlordZONE.

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BREAKING: Another evictions ban extension, this time for commercial tenants

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Commercial tenants are to be protected once more from being evicted from their premises, this time until the end of the year, the Ministry of Housing, Communities and Local Government has announced.

The original evictions ban ran from March to the end of June and was then extended until September 30^th.

This extension has been expected since rumours began circulating earlier this week that the ongoing Covid pandemic would prompt the government to prevent mass evictions as businesses fail, and give firms more time to rebuild their revenues during the Autumn and Christmas periods.

Ministers had also been in talks with retailers and other commercial tenants to gauge the situation on the ground.

Rent arrears recover

Also, the announcement includes an extension of the restriction on landlords using Commercial Rents Arrears Recovery to enforce unpaid rent on commercial leases, also until the end of the year.

This is a statutory procedure that enables landlords of commercial premises to recover rent arrears by taking control of the tenant’s goods and selling them.

“I am announcing today that we are extending support to protect those businesses that are unable to pay their rent from eviction to the end of the year,” says MHCLH Secretary of State Robert Jenrick.

“This will stop businesses going under and protect jobs over the coming months.

“This government is committed to supporting businesses and our high streets at this difficult time, and this extension of support will help businesses recover from the impacts of the pandemic and plan for the future.”

©1999 – Present | Parkmatic Publications Ltd. All rights reserved | LandlordZONE® – BREAKING: Another evictions ban extension, this time for commercial tenants | LandlordZONE.

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Now commercial tenants will be protected until Christmas

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Businesses will be protected from the threat of eviction until the end of year, providing commercial tenants with greater security, Communities Secretary Robert Jenrick has announced.

The government will also extend the restriction on landlords using Commercial Rents Arrears Recovery to enforce unpaid rent on commercial leases

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