London police get lessons in protecting tenants’ rights

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The Met Police has issued new guidance for frontline officers around illegal evictions, starting with the presumption against eviction, and for the tenant to remain in their home.

Its updated approach also states that if it is out of hours, and there isn’t a court-appointed bailiff present, then it is considered illegal.

The Greater London Authority has worked with Safer Renting and Generation Rent to help make the changes. Mayor of London Sadiq Khan says that for too long, rogue landlords have been able to take advantage of the fact that there were few protections in place to safeguard London’s renters from illegal evictions.

Robust guidelines

“These new, robust guidelines will ensure that London renters not only have a much clearer sense of their rights, but that frontline police officers are far better equipped to respond to incidences of tenants being harassed, threatened or illegally forced out of their homes by their landlords,” adds Khan.

Police aren’t usually called to the vast majority of evictions, unless there’s a fear of breach of the peace or an incident, according to Landlord Action’s Paul Shamplina. Tenants have typically already left or will wait for the court warrant document in order to get rehoused.

Squatting laws

However, he tells LandlordZONE that educating the police makes sense. “I’ve taken calls from police officers asking me for advice because there’s an issue of landlords carrying out unlawful evictions.” However, he notes that forces still don’t fully understand the laws around squatting – despite a law change back in 2012.

Shamplina adds: “There are 32 London boroughs – let’s hope that they are all educated to the same level.”

View Full Article: London police get lessons in protecting tenants’ rights

Novel apartments are a swanky home-from-home for renters

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Renters looking to live in the capital can sign up for a new alternative renting concept that blurs the lines between traditional hotels, serviced apartments and private lets.

The Other House in South Kensington is a residents’ club that combines apartment-style living with hotel services, a brasserie, cocktail bar and free access to its private club and gym, available from a night to a year or more. As part of the rates, bills are all inclusive – even the TV licence, Wi-Fi, weekly flat cleaning and gym and club membership.

Working flexibility

The new Stay As You Choose service gives tenants the flexibility to split their time between staying in London for a few days, and working from home during the rest of the week, without incurring the rental prices and utility bills associated with a long-term traditional tenancy contract.

Guests can rent a flat when they need it, by purchasing packages of 25 to 100 nights, for use over a three to 12-month period. The more nights, the better the rate – and residents can even leave their luggage and belongings to be put back into a flat on their return.

Repeat stayers

The Other House is already attracting significant interest from tenants, according to Naomi Heaton, CEO & founder, who says that since opening last year, 25% of residents are repeat stayers and 33% of all stays are for extended periods.  

“The Other House is a game-changer for the private rental sector,” she adds. “We combine the best of residential living enabling our residents to live like a local with the best of hotel life. We are redefining the accommodation market, blurring the lines between hotels, serviced apartments and long-term rentals.”

View Full Article: Novel apartments are a swanky home-from-home for renters

Probe into zero deposit schemes aims to uncover poor practice

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The Competition and Markets Authority (CMA) is to dig deeper into zero deposit schemes and rental guarantees after its study found that a “significant minority” of landlords and letting agents may not be following consumer protection rules.

It is prepared to amend guidance or take enforcement action following concerns that tenants may be unaware of their liabilities under zero deposit schemes, alongside reports of pressure selling and undisclosed commissions earned by letting agents. These schemes are unregulated and it says concerns include landlords or letting agents failing to provide adequate information about them.

Onerous clauses

Guarantees will also come under the spotlight as the CMA explains it has seen examples of onerous guarantee clauses which impose wide obligations on tenants, such as requiring them to provide extensive evidence of assets. “Concerns have also been expressed that requiring extensive guarantees may disadvantage those who are less well-off or who lack a network of support able to provide a guarantor, as too may an insistence on the payment of several months’ rent upfront,” it reports.

“We were told lengthy and potentially intrusive information…could potentially be used to discriminate against some consumers on the basis of their personal circumstances and specific characteristics.”

Updated guidance

The body will also investigate retirement housing fees and sham licences as well as updating its guidance for letting agents to reflect recent legislative changes. This aims to raise consumer and landlord awareness of their respective rights and responsibilities.

The CMA report adds: “A consistent theme from stakeholders is that there is a lack of understanding on the part of consumers and landlords about their rights and obligations. There is also consensus that tenants find it hard to exert their rights against landlords, despite the existing statutory and contractual protections that are in place.”

View Full Article: Probe into zero deposit schemes aims to uncover poor practice

Fire alarms – do I need to carry out a weekly test?

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Hello, I am aware in properties such as blocks of flats it is now required to have a six monthly safety test on the fire alarm, which includes the control panels, sounders, call points and emergency lighting batteries, tested with a drain down.

View Full Article: Fire alarms – do I need to carry out a weekly test?

How to deal with a former tenant who is still using my address?

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Hi there, I found similar topics on this forum, but none addressing this specific question – so I posted a new one.

We had a lady staying with us for nearly a year. She did not leave on great terms

View Full Article: How to deal with a former tenant who is still using my address?

Where should I carry my mortgage debt?

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Hello, I’m reaching the end of my large family home mortgage and the end of 2 BTL company ones. In the past I’d always leveraged the large personal interest only one as the interest is so low and only took up company ones as I expanded.

View Full Article: Where should I carry my mortgage debt?

Political battles intensify over spread of noisy student HMOs in Belfast

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Northern Ireland officials have refused to get tougher on HMO landlords despite pleas from Belfast councillors that parts of the city are becoming over-run and affected by anti-social behaviour.

A Department for Communities review concluded it couldn’t reduce high numbers of HMOs in areas such as the Holylands (main picture) and would not change the definition of a house of multiple occupation, reports the Belfast Telegraph.

The Houses in Multiple Occupation Act (Northern Ireland) 2016 came into effect in April 2019 following the transfer from Northern Ireland Housing Executive’s HMO registration scheme to councils under a new licensing regime.

As part of a subsequent review, the department acknowledged that the new licensing regime aimed to prevent new areas being over-provided in the future.

Scope

However, it added: “It does not have the scope to reduce over-provision in existing areas that already have a high number of HMOs and has concluded that the issue of historical overprovision is outside of the scope of the Act and therefore of the review.”

At a meeting of Belfast Council’s licensing committee, councillors expressed disappointment. Alliance councillor Micky Murray said landlords had come to the committee asking for renewal licences when they had failed to follow the legislation and renew on time.

Loophole

“They have told us they’re selling the properties and it’s clear that this isn’t about providing housing, rather this is solely about profit,” he added. “These houses are worth more to them when they can essentially sell an HMO licence through a legal loophole.”

The department has agreed to work with the council to make changes to the legislation, allowing a fee to be charged against a landlord who wants a temporary exemption notice – when a landlord wants to take away HMO status from a property and give notice for tenants to leave the property.

View Full Article: Political battles intensify over spread of noisy student HMOs in Belfast

Political battles intensify over spread of noisy student HMOs in NI

admin    Uncategorized     agents

Northern Ireland officials have refused to get tougher on HMO landlords despite pleas from Belfast councillors that parts of the city are becoming over-run and affected by anti-social behaviour.

A Department for Communities review concluded it couldn’t reduce high numbers of HMOs in areas such as the Holylands (main picture) and would not change the definition of a house of multiple occupation, reports the Belfast Telegraph.

The Houses in Multiple Occupation Act (Northern Ireland) 2016 came into effect in April 2019 following the transfer from Northern Ireland Housing Executive’s HMO registration scheme to councils under a new licensing regime.

As part of a subsequent review, the department acknowledged that the new licensing regime aimed to prevent new areas being over-provided in the future.

Scope

However, it added: “It does not have the scope to reduce over-provision in existing areas that already have a high number of HMOs and has concluded that the issue of historical overprovision is outside of the scope of the Act and therefore of the review.”

At a meeting of Belfast Council’s licensing committee, councillors expressed disappointment. Alliance councillor Micky Murray said landlords had come to the committee asking for renewal licences when they had failed to follow the legislation and renew on time.

Loophole

“They have told us they’re selling the properties and it’s clear that this isn’t about providing housing, rather this is solely about profit,” he added. “These houses are worth more to them when they can essentially sell an HMO licence through a legal loophole.”

The department has agreed to work with the council to make changes to the legislation, allowing a fee to be charged against a landlord who wants a temporary exemption notice – when a landlord wants to take away HMO status from a property and give notice for tenants to leave the property.

View Full Article: Political battles intensify over spread of noisy student HMOs in NI

Banning orders against rogue landlords have been a flop, new data shows

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Only 16 rogue landlords in England are subject to banning orders because councils can’t afford to take them to court – despite seeing regular criminal activity.

A Freedom of Information request by openDemocracy reveals that London council Camden has handed out the most, with seven, followed by two by Welwyn Hatfield Borough Council.

Seven other councils have handed out one banning order each: Cornwall County Unity Authority, Telford & Wrekin, Wirral Borough Council, Cambridge City Council, Leeds City Council, Bristol City Council and Bournemouth Borough Council.

The news site found that no other London council has any banning orders in place while the capital’s database of rogue landlords exceeds 250 entries.

One local authority enforcement officer told openDemocracy that they frequently encountered the kind of criminal activity that could warrant a ban but didn’t have the resources to address it.

Banned

Some landlords continued to rent out properties after being banned, and even those who faced penalties for breaching their bans can receive immaterial fines.

The number of live banning orders – which expire after a certain period depending on the offence – is “certainly” lower than the number of crimes committed, leading housing lawyer Giles Peaker told the site. “It involves prosecutions, which is time-consuming and costly to local authorities,” said Peaker. “There are disincentives to use it when local authorities are cash strapped.”

In January 2022, the number on the Rogue Landlord database – those who have been convicted of banning order offences or have received at least two financial penalties within 12 months – had only crept up to 61 out of the thousands thought to be operating within the private rental sector.

The government claims its Renters (Reform) Bill will give it new powers to crack down on criminal landlords by creating a national landlord database, but it makes no mention of increased funding.

View Full Article: Banning orders against rogue landlords have been a flop, new data shows

Letting agencies warned over ‘illegal and outrageous’ deposit deductions

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A shocked landlord has revealed on social media that their letting agency illegally deducted its ‘tenant finding’ fee from the tenancy deposits of the renters involved.

This was 20% of the first month’s rent at both properties, which the agency took from the deposit, asking the landlord to ‘top it up’ before protecting it within a government-approved scheme.

After challenging the firm, the landlord was told this was ‘standard practice’ and, in frustration, took to social media (main picture, inset) to wonder aloud whether this was ethical.

Fraud

But private rented sector mediation expert Julie Ford (pictured) has warned any letting agency involved in such activity that by doing so they could be prosecuted for ‘fraud by false representation’.

“Deducting a fee owed to the agent by the landlord from the tenants deposit is wrong but subsequently telling the landlord that they now have to top-up the tenants own money before protecting the deposit is just outrageous,” she says.

“Money paid to the landlord as rent is the landlords’ money, so the agent would be entitled to deduct their fees from the first month’s rent for example,” she says.

“But the tenancy deposit is not the landlord’s money, it is the tenant’s money at all times throughout the tenancy and remains so until the landlord can provide reason why they wish to make a deduction for damage/dilapidation or rent owed when the tenancy ends.

“When an agent deducts their fee directly from the tenants deposit they have committed an illegal act called fraud by false representation.

“This is because they have deducted a fee owed to them by someone else from the tenant who doesn’t owe them the fee.”

Fraud by false representation is the act of dishonestly making a false representation to make a gain or cause a loss for another individual.

Thin ice

“The agent in this case is on very thin ice indeed, as the act of fraud by false representation is a criminal offence which holds a maximum sentence of 10 years imprisonment and a fine.

“A court will deal with matters of this severity. In minor cases, fraud convictions can lead to a smaller fine or community orders.”

Ford adds that situations like this should not occur as agents should know at a very basic level that a tenancy deposit is a ring fenced fund that is not available to them for their fees.

“The introduction of RoPA and the full regulation of agents cannot come quick enough and I sincerely hope that it sees agents such as this put out of business some day,” she adds.

View Full Article: Letting agencies warned over ‘illegal and outrageous’ deposit deductions