Landlords could go to prison if they don’t meet new energy rules

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The government is considering imposing prison sentences on landlords and property owners who do not comply with stringent new energy efficiency regulations – a move that has infuriated some MPs.

In a bid to meet its net-zero targets

View Full Article: Landlords could go to prison if they don’t meet new energy rules

Government issues damp and mould warning within new landlord guidance

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Private landlords are to be held accountable for damp and mould in their homes including unlimited fines for those who flout the rules, new guidance from the Government has made clear.

Three Government bodies have jointly issued the lengthy advice document (see links at bottom), which makes it clear that private landlords as well as housing associations and councils are to be policed more heavily over the quality of their homes. This includes facing unlimited fines for those who ignore the various laws governing damp and mould.

This follows the case last year of toddler Awaab Ishak whose death from complications prompted by damp and mould in his council home brought the issue into the political limelight.

‘Lifestyle choices’

Housing minister Michael Gove (pictured) says in the guidance that landlords must not blame tenants for damp and mould – a hotly debated area within the LandlordZONE Forums – saying: “Damp and mould in the home are not the result of ‘lifestyle choices’, and it is the responsibility of landlords to identify and address the underlying causes of the problem, such as structural issues or inadequate ventilation”.

Gove’s guidance, which has been issued jointly with his department but also the Department of Health and Social Care and the UK Health Security Agency, stresses how the presence of damp and mould can affect tenants’ mental and physical health, and urges them to swot up on this six pieces of legislation they and their properties must conform to, and how and when to respond to tenants’ complaints.

The guidance also heralds two of the Renters (Reform) Bill’s key components which will be used soon to police private landlords including their management of mould and damp in properties.

These are the Housing Ombudsman which will deal with tenant complaints where the landlord hasn’t taken action, and the Property Portal, where a landlord’s compliance with the Decent Homes Standards, along with other regulations, will be recorded.

Blame issues

“The onus is now firmly on the landlord to identify and deal with any problem,” says Sean Hooker (pictured), Head of Redress at the Property Redress Scheme.

“It is no longer acceptable to blame issues on the way tenants live and normal life such as cooking, washing and drying of laundry have to continue.

“Instead, landlords and their agents must be sensitive to the needs of tenants and work with them to understand and change behaviour where appropriate. 

“They should also thoroughly investigate the underlying causes behind the problems and follow up to ensure things have improved. 

“We at the PRS will be using this guide to hold agents to account and urge the Government to introduce redress for landlord managed properties as soon as possible to proceed a holistic approach across every rented home.”

Read the guidance in full.

View Full Article: Government issues damp and mould warning within new landlord guidance

Record number of UK landlords opt for limited companies when investing – Paragon

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Three-quarters of landlords are planning to acquire a new rental property in the next year and intend using a limited company structure to do so – a record high.

The findings from Paragon Bank, which surveyed nearly 1,000 landlords

View Full Article: Record number of UK landlords opt for limited companies when investing – Paragon

Watch out for ‘secret’ compliance fee clauses in contracts, landlords warned

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A leading housing lawyer has questioned the use of property regulation compliance fees which appear to absolve letting agents of their responsibilities to ensure a landlord’s property is being managed lawfully.

Tessa Shepperson, a solicitor who runs Landlord Law, says one landlord was charged a compliance fee on top of his 12% commission fee and discovered a clause buried in his agency agreement which says: “In consideration of the Landlord paying the Compliance Fee the Agent will indemnify the Landlord for a fine or penalty that arises from the Agent’s failure to ensure compliance with the Landlord’s statutory responsibilities.”

This clause goes on to list a number of conditions, including “getting any necessary permission to let and any HMO or other licenses”.

It adds that “A Compliance Fee Indemnity will not be provided where a liability arises when the Tenant has been in any way obstructive.”

Compliance fee

Shepperson questions whether, if the compliance fee is not paid, the landlord wouldn’t have redress if the agent ignored all relevant legislation and let the landlord in for substantial fines and penalties.

She says: “If the agent took a deposit from the tenant and failed to protect it within the 30-day period, could the agent use the landlord’s non-payment of a compliance fee to defend any claim that the landlord might make against the agent if they are sued by the tenant for the penalty?”

As he owns the property in his name, this landlord – unlike those who put their property into a limited company – could claim protection under the Consumer Rights Act.

She tells LandlordZONE: “Landlords need to read their agency agreement and challenge such a claim, and maybe avoid those agents who use them altogether.”

Small print

Propertymark says compliance is legally required, and all agents have a fiduciary duty to their client, so that if a fee is being charged for this, an agency shouldn’t hide it in the small print of their agreement, president Greg Tsuman (pictured) tells LandlordZONE.

He adds: “Agencies’ models and how their fees are charged vary, however, all fees need to be transparent as it’s important for a landlord to be able to make an informed decision on what services they’re offered and the fees included.”

Visit the Landlord Law blog.

View Full Article: Watch out for ‘secret’ compliance fee clauses in contracts, landlords warned

Considerations for UK Landlords: A Guide to Business Transfers, Professional Fees, and Capital Withdrawal

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Being a landlord in the UK comes with various financial responsibilities and considerations. This blog post will explore three crucial areas, as outlined in HMRC manuals, that landlords should be aware of: transferring your rental business to a company, professional fees linked to your business’s structure

View Full Article: Considerations for UK Landlords: A Guide to Business Transfers, Professional Fees, and Capital Withdrawal

Tenants – Here’s how much a 100% mortgage will cost you

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Skipton Building Society has announced that it will extend its 100% mortgage offering to tenants and existing homeowners in the UK.

However, a new study by property lending experts at Octane Capital shows the monthly expenses that potential borrowers are facing.

View Full Article: Tenants – Here’s how much a 100% mortgage will cost you

The government are on cloud nine when it comes to selective licensing

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I recently wrote a letter to the Housing Minister regarding the selective licensing scheme in Nottingham. I received a reply from the Department of Levelling Up, Housing and Communities Private Rented Sector department.

I’ve replied to their letter which you can read below:

Dear Rachel Maclean MP and Private Rented Sector Division

View Full Article: The government are on cloud nine when it comes to selective licensing

The best way to keep up to date with property market changes

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Now the kids are back to school, and the summer holidays are officially over despite the heatwave this week, it’s time to refocus on your property investing to make the most of the remaining part of 2023.

There have been a lot of changes in the property market over the past nine months

View Full Article: The best way to keep up to date with property market changes

Minister ‘sad’ that landlords are ignoring green grants

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The government has promised to focus on promoting grants to make PRS homes more energy efficient and ensure that tenants won’t be penalised for demanding green improvements.

During a Lords debate, the Liberal Democrat’s Baroness Grender said the balance was wrong when, according to a report by Generation Rent, nearly 40% of fuel-poor households rented privately but only 14% of energy company obligation grants helped them in any way. “Will the minister ensure that the Renters (Reform) Bill protects tenants from either eviction or prohibitive rent rises if they get these grants?” she asked.

Retaliatory eviction

Housing Minister Baroness Scott of Bybrook agreed that more time should be spent trying to improve take-up of government grants for energy efficiency in their homes. She added: “Without the fear of retaliatory eviction, once Section 21 is abolished, tenants will be more empowered to act within their legal rights, complain about unacceptable standards and seek improvements. Private rented properties should be warm and decent, and we have several schemes to support energy-saving improvements to provide this.”

Energy security

Baroness Scott told peers that the government was investing £12 billion in Help to Heat schemes but said it was “sad” that not enough private rental landlords were taking up those grants. “We also have the ECO Plus scheme – the GB insulation scheme – for which both tenants and landlords can apply. In the energy security strategy, the government have just announced zero-rated VAT for the next five years on the installation of insulation and low-carbon heating. It is important that landlords know what is available and that tenants ask them for it.”

Contrary to her boss’s comments earlier this summer when Housing Secretary Michael Gove suggested landlords needed more time, Scott insisted that the government was committed to raising efficiency from EPC band E to C by 2028.

View Full Article: Minister ‘sad’ that landlords are ignoring green grants

Mortgage pricing gives company purchases more appeal

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Three-quarters of landlords who plan to buy a new rental property in the next year will use a limited company, new research reveals.

Paragon Bank’s poll of nearly 1,000 landlords, carried out by BVA BDRC in the second quarter of the year, shows this was the highest level recorded on BVA’s tracker survey and up from 62% during the first quarter. Those who plan to buy in an individual name fell to 17% from 41% recorded in the final quarter of 2021.

Mortgage interest

Buying via a limited company structure means landlords can deduct mortgage interest from company income and pay tax at corporation tax rates. It can also offer more favourable mortgage financing options; most lenders set interest coverage ratios at 145% for higher-rate taxpayers, while limited company applications require a ratio of 125%. They can typically secure higher loan amounts too.

Louisa Sedgwick, Paragon Bank’s commercial director of mortgages, says holding rental property within a limited company structure has been growing in popularity since the mortgage interest relief changes introduced in 2017, but has accelerated in the past year.

Portfolio landlords

She adds: “As a lender that specialises in portfolio landlords, we have always attracted a higher proportion of limited company lending, but that has certainly increased, particularly as interest rates, and subsequently mortgage pricing, have risen.”

The average portfolio size was 16.9, up from 15.6 in Q1 and 13.1 in the final quarter of 2021. Of those landlords, the average number of properties held within a limited company in Q2 was 12.3, up from 11.7 in Q1 2023 and 7.8 in the final quarter of 2021.

View Full Article: Mortgage pricing gives company purchases more appeal