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Rogue Landlord Faces £108,000 Bill or Jail

Published On: February 20, 2017 at 10:09 am

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A rogue landlord in west London has been ordered to pay a huge £108,000 fine within three months, or face jail.

Rogue Landlord Faces £108,000 Bill or Jail

Rogue Landlord Faces £108,000 Bill or Jail

The case began when Mohamed Omar Hassibi was refused consent to convert his semi-detached house on Mayfield Close in Uxbridge, west London. The rogue landlord decided to press ahead with his conversion plans anyway, and subsequently let the flats.

Following an investigation and court proceedings at Isleworth Crown Court, Hassibi was fined £1,000 and ordered to pay Hillingdon Council’s costs of £7,000 at his sentencing.

The court also imposed a £100,000 confiscation order on Hassibi, which means that the rogue landlord must pay the huge sum within three months, or face a four-month prison sentence.

Hassibi was receiving around £2,000 per month in rental income from the flats.

The Leader of Hillingdon Council, Councillor Ray Puddifoot, comments on the case: “Mr. Hassibi was generating a large rental income from unwitting tenants, and it’s only right that he should hand over the money he earned from his illegal activity.

“We are committed to ensuring that crime does not pay in Hillingdon.”

The severe penalties for Hassibi’s crimes should come as a warning to landlords, just months ahead of the Government’s plans to introduce a blacklist of rogue landlords and letting agents.

Rogue landlords and letting agents will also be faced with banning orders, which will prevent them from operating in the private rental sector for 12 months. Any landlord/agent that breaches the banning order could face tough sanctions, of up to 51 weeks in prison or a huge fine of up to £30,000. These plans are expected to be introduced from April this year.

In order to stick to the law and avoid sanctions, take a look at our range of comprehensive guides to letting property in the UK: /guides/

 

 

 

 

 

 

 

 

 

 

 

Investigation exposes level of lost deposits

Published On: February 20, 2017 at 10:08 am

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A new BBC investigation has examined the problem of money disappearing from insurance-based Tenancy Deposit Schemes.

The investigation features input from long-time renting reform campaigner Ajay Jagota, whose own research revealed that landlords and letting agents took more than £1m from these schemes in 2016.

Deposit Schemes

£2.4bn of the UK’s £3.2bn tenancy deposits are held in these schemes, whereby deposit money is handed over by tenants and kept by landlord or letting agents.

The BBC programme looks at the case of Cornwall letting agency Premier Property Management, which owes clients over £35,000 in deposit money. At time of broadcast, the firm was listed as a member ARLA Propertymark, the regulatory body designed to: ‘Reassure all of those renting and letting out property that agents who display the Propertymark Protected logo offer better protection for their clients.’[1]

However, the listing disappeared from ARLA’s website straight after the programme, despite Premier Property continuing to advertise itself as a member of the organisation. The firm this week promised that when renters see their logo, they can rest assured that, ‘they and their money are safe.’[1]

Appalling

MP Olivier Colvile, who has campaigned for tenants’ rights, called the case appalling, stating: ‘clearly there needs some action to be taken on all of this.’[1]

The BBC’s investigation was broadcast on the same week as letting agent Tahir Kan was put behind bars for 45 months by Bolton Crown Court, for illegally holding onto £130,000 worth of deposits paid by tenants.

This conviction has taken the number of tenancy deposits stolen so far in 2017 to £146,000.

Investigation exposes level of lost deposits

Investigation exposes level of lost deposits

Milestone

Jagota, founder of North East sales and lettings firm KIS, noted: ‘It’s a significant milestone that the mainstream media is picking up on a major scandal which could engulf the entire private rented sector at any second.For too long it has been the letting industry’s dirty little secret that deposits can be used as personal piggy banks which firms can dip into whenever they see fit.’[1]

‘In the age of insurance, there is no need for cash deposits to be taken at all, with landlords better off protecting their properties against careless tenants in the same way they would protect their own homes. It’s ironic that all of this news comes the same week ARLA has relaunched itself as the knight in shining armour who ‘stands for protection for the consumer’.[1]

‘That doesn’t seem to have happened on this occasion. In fact, all that has happened is any reference to this company, whose customers put their faith in because they were ARLA members, disappearing from the ARLA website faster than their deposits!’ he concluded.[1]

[1] http://www.propertyreporter.co.uk/landlords/bbc-investigation-exposes-level-of-disappearing-deposits.html

 

Window of Opportunity for First Time Buyers as Landlords Hold Back

Published On: February 20, 2017 at 9:35 am

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There’s a window of opportunity for first time buyers to get onto the housing ladder this year, as buy-to-let landlords hold back from purchasing more properties, reports Rightmove.

The latest House Price Index from the property portal shows a steady start to the year. The monthly increase in the price of homes coming onto the market, at 0.4%, is very similar to the 0.5% rise recorded in January last year.

Early indicators of housing demand also appear robust, with Rightmove traffic up by 5% compared to a year ago. This increase in search activity is notable, claims the portal, given that a year ago, market activity was buoyed by the November 2015 announcement that second home and buy-to-let Stamp Duty would be raised from April 2016.

With this year having no such dynamic, there is a New Year window of opportunity for first time buyers to fill the void left by buy-to-let landlords, insists the firm.

The Director and Housing Market Analyst at Rightmove, Miles Shipside, comments on the data: “The 0.4% monthly and 3.2% year-on-year price increases are indicators of the continued market momentum from the autumn. Demand for a suitable home is such that visits to the Rightmove website are still up by 5% year-on-year, despite being compared to a period that was boosted by high demand from buy-to-let investors rushing to beat the Stamp Duty deadline. Year-on-year comparisons for transactions in the first quarter of 2017 should also allow for the distortion of last April’s additional Stamp Duty tax deadline, as transactions were up 40% in the first quarter last year.”

First time buyers will benefit from more choice and negotiating power this year, believes Shipside.

Window of Opportunity for First Time Buyers as Landlords Hold Back

Window of Opportunity for First Time Buyers as Landlords Hold Back

With markedly fewer buy-to-let purchasers than this time last year, the number of sales agreed in the typical first time buyer sector – two bedrooms or less – was down by 13.2% in December compared to the same month in 2015 (although sales agreed in this sector were still up by 0.8% when compared with December 2014, which was not distorted by the buy-to-let rush).

As a result, available stock for sale in this sector is up by 1.9% on last year, offering more choice for first time buyers. This contrasts to the same period a year ago, when available stock plummeted by 18%, as active buy-to-let purchasers reduced choice and limited buyers’ ability to negotiate.

Shipside adds: “Those planning to buy their first home in 2017 have more choice of properties and less competition from other buyers than their counterparts a year ago. It’s a possible learning point for aspiring first time buyers that a year ago, buy-to-let purchasers acted more quickly and closed deals at a faster rate, appearing not to take a Christmas break. Admittedly, they had the financial incentive of a deadline to motivate them, but first time buyers still have time to act and currently have the incentive of stronger negotiating power to try and mitigate the upwards trajectory of property prices.”

However, a restraining force on potential first time buyer activity is increasingly stretched affordability. Their favoured target sector, of two bedrooms or less, has seen the greatest price rises both month-on-month (2.6%) and annually (6.4%) of any sector, although this is partly a legacy from last spring’s buy-to-let surge.

Shipside advises: “Some sellers of first time buyer properties may be being over-optimistic with their pricing, giving an opportunity for budget-strapped first time buyers to negotiate, especially if they act now while there’s still more choice available.”

Comments 

The National Sales Director of estate agent Leaders, Kevin Shaw, comments on the Rightmove figures: “It is clear that first time buyers are outnumbering buy-to-let investors right now. We have seen an increasing number of one-bedroom apartments, which historically would attract first time buyers and investors in equal numbers, snapped up by the former. This is largely because first time buyers have had numerous offers accepted over the asking price, so are obviously determined and able to secure these properties in the current market.

“Investors are understandably focused on the price as this drives the yield, and generally do not want to get into a bidding war to secure these properties. It is a similar story with modest freehold houses in town centre locations, which would typically attract investors. But in recent months the majority of viewers have been private first time buyers.”

Mark Manning, the Director of Manning Stainton in Leeds, Harrogate, Wetherby and Wakefield, also says: “As we got off the train onto the 2017 platform, it was difficult to know who might be there to greet us. Were we to expect a lonely welcome and a continuation of the subdued market we saw at the end of the year, or a swathe of new sellers ready to greet us?

“Fortunately, the answer appears for now to have been the latter. New seller enquiries are 26% up on the same time last year, giving the strongest indication that we may see a slight ease in the lack of supply in the market. Now this will be welcome news amongst first time buyers who have registered in strong numbers and are waiting for much needed new stock to come to market. Combine this with a comparative reduction in new investors and landlords of 32% over the last quarter compared to the same quarter a year ago, and this may well be the year of the first time buyer.”

The CEO of online estate agent eMoov.co.uk, Russell Quirk, responds: “Judging by these latest figures, the market seems to have been slow out of the blocks for 2017, but this isn’t the most transparent picture of current conditions for two reasons.

“Firstly, the market will be very much finding its feet again, with many sellers having abstained from their sale for the Christmas period. Thus, any slowdown so early in the year is likely to be seasonal, with the market getting a second wind heading into spring.

Secondly, it is important to remember Rightmove’s data is based very much on asking price, not sold price, and gives us just a one-month snapshot into one side of the property selling process.”

He continues: “What it does tell us for sure is that the seller apprehension that remained prevalent throughout the back end of 2016 doesn’t seem to have quite subsided, despite the market remaining strong. As a result, UK sellers seem to be adjusting their asking price in order to push through a sale in what they believe to be a weakened market.

“Regardless of this trepidation, Rightmove reported a 3% annual increase in traffic levels, which suggests that demand on the other side of the fence remains strong. Not only are these early bird buyers likely to nab themselves a bargain due to the lower asking prices across the market, but this heightened activity will no doubt see this lull reversed when Rightmove release next month’s figures.”

How Plans to Fix the Broken Housing Market will Affect the Property Sector

Published On: February 17, 2017 at 11:10 am

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How will the Government’s plans to fix the broken housing market, as announced in the Housing White Paper, affect those in the property sector, including landlords, first time buyers, homeowners and tenants?

Portico London estate agent has summarised the five key points to be aware of in the Government’s plans to fix the broken housing market:

  1. Get Britain building more homes 

The White Paper starts with a passionate pledge from the Prime Minister, Theresa May, to get Britain building more homes:

“We need to build many more houses, of the type people want to live in, in the places they want to live… This will slow the rise in housing costs so that more ordinary working families can afford to buy a home, and it will also bring the cost of renting down.”

So what exactly are the Government’s plans to encourage housebuilding and deliver one million new homes by 2020, as they promised pre-election?

  • “We will encourage housing associations and local authorities to build more.”
  • “Ensure that homes are built quickly once planning permissions are granted.”
  • “We will diversify the housing market, opening it up to smaller builders and those who embrace innovative and efficient methods.”
  • “Finally, because building the homes we need will take time, we will also take more steps to continue helping people now, including by improving safeguards in the private rented sector, and doing more to prevent homelessness and to help households currently priced out of the market.”
  1. Longer tenancies and mandatory electrical checks

Perhaps the most radical and important announcement for landlords was the Government’s plans to encourage “family-friendly” tenancies, by ensuring they are longer-term.

How Plans to Fix the Broken Housing Market will Affect the Property Sector

How Plans to Fix the Broken Housing Market will Affect the Property Sector

Currently, more than four million households rent their homes from a private landlord, which, according to the White Paper, is nearly twice as many as ten years ago. Demand for rental homes is clearly sky-high, which is why it’s “nigh on impossible” for tenants to save enough for a deposit for their own homes.

The Government hopes that longer tenancies will make renting safer and more secure.

The Managing Director of Portico, Robert Nichols, says: “Longer tenancies have long been talked about and whether they are actually wanted by either landlords or tenants. In previous white papers, there was still the provision for adding in break clauses, which meant that either party would be able to end the term before the three-year period. The majority of tenants and landlords enjoy the flexibility that comes with renting, and fixing long-term contracts can somewhat hinder this freedom.

“More importantly, current tenancies across London average around 22 months, with very few ended by landlords. I therefore see fixing longer tenancies having little impact on how people view renting in London, and I don’t believe it will affect the current average term.”

It is also worth noting that, at this stage, longer tenancies will only apply to rental homes provided by housing associations and institutional investors. However, the Government has stated that it will be working closely with the British Property Federation to “ensure these longer tenancies become widely available”.

In addition, the White Paper announced the Government’s plans for mandatory electrical checks for rental properties.

The Property Management Director of Portico, Michael Kennedy, explains: “The law as it stands provides an obligation for landlords to ensure that their electrical installations and equipment are safe, but, other than in Houses in Multiple Occupation (HMOs), there is no requirement to produce a yearly or five-yearly certificate in the same way that the rules are clear on gas safety checks. The vast majority of landlords care about ensuring their properties are safe and well maintained, but, at present, there is too much confusion on what exactly their obligations are.

“Our advice is to have an annual test of the portable appliances and a five-yearly full electrical check, but, unfortunately, many landlords don’t do this and risk issues with their electrics during the tenancy.”

According to the White Paper, the next steps on these initiatives will be sent out “shortly”.

  1. Affordable rent 

There was more good news for tenants, as the Affordable Homes Programme will now be opened up to include Affordable Rent.

The Government announced that planning and other laws would be changed to help developers provide “affordable rent homes”, which are defined at 20% below the market rate.

Its aim is to encourage more investment in building homes for affordable rent, with councils being pushed to get more involved.

  1. Lifetime ISA and Starter Home initiatives

The Government may have ditched its “ownership at all costs” mantra, but the White Paper still announced new measures to help tenants get onto the property ladder.

In April 2017, the Government will introduce the Lifetime ISA, which Nichols says “will come as welcome relief to the increased tax burden on the nation!” This ISA will help renters save for a deposit, entitling them to a 25% bonus on up to £4,000 of savings per year. Their savings and the bonus can be put towards a deposit for a home, or withdrawn when they reach 60.

In addition, the White Paper also stated that the Government would launch the Starter Homes initiative. This scheme will help first time buyers under the age of 40 to buy a home with a 20% discount on market rates. Buyers are only eligible for the scheme if they have an income of more than £90,000 in London, or £80,000 elsewhere in the UK.

  1. The greenbelt battle 

The long-standing discussion over whether to build or not on the greenbelt has been settled following the White Paper, with the Government confirming that greenbelt protection will not be weakened, apart from in “exceptional circumstances”.

Gavin Barwell, the Housing Minister, insisted: “The greenbelt is 13% of the land. We can solve this crisis without having to take huge tracts out of the greenbelt.”

What do you think of the Government’s plans to fix the broken housing market?

Landlord fined for ignoring improvement notice

Published On: February 17, 2017 at 10:47 am

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A rogue landlord who failed to comply with an improvement notice to carry out essential repairs to his property has been told to be pay fines and fees of almost £800, following an investigation by Harrogate Borough Council.

Damian John Green of Heather Lea Avenue, Sheffield, was found guilty of not carrying out the required work to his rental property on Robert Street, Harrogate, within the allotted time.

Guilty

Mr Green pleaded guilty to non-compliance of an improvement notice for substandard and rotten window sashes and frames. This was despite the initial notice being varied, in order to provide additional time for compliance within an allotted time period agreed with the landlord.

The defendant was absent at the hearing at Harrogate Magistrates’ Court. He did however enter a guilty plea by post and was fined £400. In addition, he was told to pay council’s costs of £351 and a victim surcharge of £40.

 

Landlord fined for ignoring improvement notice

Landlord fined for ignoring improvement notice

Councilor Mike Chambers, Harrogate Borough Council’s cabinet member for housing, noted: ‘This successful prosecution demonstrates the council’s ongoing commitment to safeguarding the rights of private tenants in the district.’[1]

‘We are dedicated to ensuring that landlords operate within the law and provide safe accommodation for residents. We do not tolerate poor housing standards or complete disregard for tenant welfare. Wherever possible we will continue to work with landlords to improve the private rented sector, but will not hesitate to take enforcement action where necessary and prosecute for further disregard and non-compliance as a last resort.’[1]

[1] https://www.landlordtoday.co.uk/breaking-news/2017/2/landlord-fined-for-failing-to-make-safety-improvements

 

 

The Help to Buy Scheme’s Impact Across England Revealed

Published On: February 17, 2017 at 10:30 am

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BBC News has analysed the impact of the Help to Buy scheme across England, particularly in London, following the release of official figures.

The study found that one in three new build homes outside London were bought through the Help to Buy Equity Loan scheme between April 2013 and April 2016, while just one in ten were purchased in the capital.

The Help to Buy scheme was introduced to boost the housing market by getting first time buyers onto the property ladder.

A property expert believes the scheme has had “little success” in London, where, in some cases, loans of up to £190,000 have been taken out.

The Government reports that it has helped buyers purchase more than 100,000 homes across England.

To assess the impact of the scheme, BBC England has analysed official figures from the Department for Communities and Local Government. It found:

  • Help to Buy loans were used to purchase 76,559 homes outside of London between April 2013 and April 2016. This is equivalent to 30% of the 255,960 privately built new homes completed in that period.
  • In London, there were 4,483 completions using equity loans, equivalent to 11% of the 41,480 privately built new properties over the same timeframe.
  • Taking all households into account, less than one in every 500 London homes were bought using a Help to Buy loan, compared with one in every 200 elsewhere in England.
  • There was a surge in uptake of the loans in Greater London since February 2016, when the Government increased the upper limit for new homebuyers in the capital from 20% to 40% of the property’s value.
The Help to Buy Scheme's Impact Across England Revealed

The Help to Buy Scheme’s Impact Across England Revealed

Just ten equity loans had been taken out in the London Borough of Hammersmith & Fulham by October 2016 since their introduction in 2013, with buyers receiving £1.9m between them, or an average of £190,000 each.

Six of these buyers were helped between June and September 2016 alone, suggesting that the rise in the upper limit made a massive difference.

In Kensington and Chelsea – the most expensive place to live in the country – the only two loans taken out were worth a combined £360,000.

The highest number of loans taken out per head of population was in Bedford, where the 1,268 loans were equivalent to two in every 100 households. Between them, the loans came to £62.9m, or £49,416.68 each.

The average loan in England, including London, was worth £46,301.03.

Take-up rate in London 

The BBC expresses concerns over the rate of take-up in London, which is significantly lower than in the rest of England.

Henry Pryor, a property agent and housing market commentator, warned that there could be a “severe hangover” once the subsidies of Help to Buy are removed.

He says: “The Help to Buy initiatives have been more helpful away from the South East, where prices are lower. Clearly, there is less practical opportunity in London, which is one reason why the numbers here are so small. Even the capital’s own version (with a higher upper loan limit of 40%) has had little success.”

He said the schemes had “clearly helped politically and practically”, but added: “The question is whether the Government can wean lenders and developers off the financial drug that it has become addicted to.

“Watching commercial businesses [housebuilders and developers] get fat on taxpayer subsidies is not something that can or perhaps should last forever. At some stage, we will need to remove the punchbowl and, when that happens, the hangover may be severe.”

Roger Harding, the Director of Communications, Policy and Campaigns at Shelter, also comments: “While a Help to Buy equity loan might help some first time buyers onto the ladder, in the short-term, there is a risk it will push up house prices, making it even tougher for others to buy a home in the future.

“If the Government really wants to tackle our housing shortage, its best bet is to start with building homes that are genuinely affordable for people in low to average incomes to buy and rent long-term.”

Housebuilders, however, insist that the Equity Loan scheme has helped first time buyers who would not otherwise have been able to purchase a home.

Gavin Stewart, the Sales Director at Barratt London, said it had proved an “effective way for many Londoners to get on the property ladder”.

Luke Smith and Barbara Antkowiak, who bought a Barratt London home in Hendon with a Help to Buy loan, says it means they spend less than they would on rent.

Smith says: “We’re hoping that by the time we come to pay it off, the house will have gained enough in equity.”

A spokesperson from the Department for the Communities and Local Government, reports: “Help to Buy equity loans have helped more than 100,000 households get on the housing ladder since it was launched in 2013. It is one of a number of housing schemes provided by the Government, so people have a choice of what is right for them.”

There is little evidence that the scheme is pushing up house prices, they add.

The Department claims that London Help to Buy is “performing strongly” and has seen take-up double since the upper limit was raised in February 2016.

Do you believe the impact of the scheme has been positive?