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Rogue landlord fined over £8k for health and safety breach

Published On: January 18, 2017 at 11:06 am

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A rogue landlord who did not comply with health and safety regulations regarding his rental property has been prosecuted by Woking Borough Council.

Mr Kevin Fowler was told to pay a total of £8,432 for failing to carry out maintenance work out on his property, despite two improvement notices.

Failure to Comply

The rogue investor failed to respond to a legal notice served under the Local Government (Miscellaneous Provisions) Act 1976 which required him to provide information on the ownership and occupation of his rental accommodation.

Fowler was found guilty on both accounts and was fined £4,500 and ordered to pay £3,732.11 costs to Woking Borough Council. These charges were alongside a victim surcharge of £200.

The list of misdemeanors from Fowler was large and included:

  • Faulty extractor fan
  • Hot water cylinder not installed correctly
  • Failure to carry out an electrical inspection
  • Not installing smoke alarms

What’s more, there was mould found to be growing throughout the property, while the kitchen and bathroom floor tile were cracked, with the toilet also leaking.

Rogue landlord fined over £8k for health and safety breach

Rogue landlord fined over £8k for health and safety breach

Prosecution

Councillor Colin Kemp, portfolio holder for housing services at Woking Borough Council, said: ‘Our successful prosecution of private landlords demonstrates the council’s ongoing commitment to safeguarding the rights of private tenants in the Borough.’[1]

‘Woking Borough Council acknowledges the value in the private rented sector to the residents of Woking but we are dedicated to helping ensure that landlords operate within the law and provide safe accommodation for the Borough’s residents. We do not tolerate poor housing standards or complete disregard for tenant welfare and wherever possible, we will aim to build a case a prosecute against such behaviour,’ he continued.[1]

‘We gave Mr Fowler ample opportunity to rectify the multiple issues with his property, all of which were ignored. We were therefore in no doubt that prosecution was the only suitable approach. The proactive court enforcement action will act as a deterrent to others considering neglect of their property and of their duty to provide a secure and habitable place of residence for their tenants,’ Kemp concluded.[1]

[1] https://www.landlordtoday.co.uk/breaking-news/2017/1/landlord-ordered-to-pay-over-8-000-for-catalogue-of-health-and-safety-hazards

Property prices rise by 3.3% year-on-year

Published On: January 18, 2017 at 10:12 am

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A new report released by haart estate agents has shown that property prices throughout England and Wales fell by 1.6% during December. This resulted in an overall drop of 3.3% year-on-year, with the average property price at £224,991.

Demand

The investigation indicates that new buyer demand for homes slipped by 15.1% in December and is well down year-on-year, by 38.8%. What’s more, the number of homes coming onto the market declined by 16.7% in the month and by 7.5% in the year. Despite the decrease in stock, there has also been a decrease in the number of buyers. This meant there were nine buyers per instruction during December.

In addition, the market was more efficient in December, as transactions increased despite the number of viewings dropping. This means that buyers are looking at fewer properties before buying.

Purchase prices

Average purchase prices for first-time buyers rose during December, by 7.6%, but remain stable year-on-year. The rate of first-time buyers entering the market slipped by 17.3% month-on-month and by 44.7% in the year.

In London, the average price of a property slipped by 2.5% in the last month, leading annual growth to slip to 5.9%. The fall seen in December in the capital was greater than across the rest of England and Wales.

Property prices down by 3.3% year-on-year

Property prices down by 3.3% year-on-year

Seasonal Slowdown

The number of tenants coming onto the market fell by 12% in December, but increased by 1.7% year-on-year. In London, the fall was more prominent, with falls of 20.2% in the month and by 65.1% annually.

Buy-to-let sales also fell in the month and in the year.

Paul Smith, CEO of haart, observed: ‘A slight jump in transactions in December is definitely very promising, pointing to a cohort who have stopped sitting on their hands, brushed off their Brexit uncertainty and started to move on with their lives. Our applicant activity in the period after Christmas to date is up 5% on the year, which when considering the pre-stamp duty rush in early 2016, is very impressive. If the economy remains sound, renewed interest should translate into higher transaction rates in 2017.’[1]

‘It is certainly time we all moved on. The idea of Article 50 holding up someone’s decision to buy or sell a home is ridiculous nearly a year on from the referendum, especially as the economy has remained so robust. Prices cooling down is a good thing for buyers – now is a great time for them to get a good deal,’ he added.[1]

[1] http://www.propertyreporter.co.uk/property/positivity-surrounding-brexit-boots-housing-market-sentiment.html

 

 

[1]

The Housing Minister Announced as Speaker at NAEA Conference 2017

Published On: January 18, 2017 at 10:02 am

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The Minister of State for Housing, Gavin Barwell MP, has been announced as a speaker at the NAEA Conference 2017.

The Housing Minister Announced as Speaker at NAEA Conference 2017

The Housing Minister Announced as Speaker at NAEA Conference 2017

The National Association of Estate Agents (NAEA) has revealed that the Housing Minister will speak at its annual NAEA Conference this year.

Barwell joins a long list of industry figures already confirmed for the NAEA Conference, which is the largest of its kind. The event will be held on 9th February 2017 at 115 Bishopsgate, London.

The Housing Minister will outline the Government’s plans for housing now and in the future, and will take questions from the floor during his 20-minute question-and-answer session.

It is believed that Barwell will address the new £18m capacity fund for speeding up housebuilding on large sites, as well as his pledge to build the first wave of Starter Homes for first time buyers this year.

The NAEA Conference 2017 will be hosted by Sally Bundock, a business and finance journalist at the BBC, while the list of other speakers includes: Peter Andrews, of the Bank of England; Rightmove’s Miles Shipside; and Mark Palmer, from Pret a Manger.

The President of the NAEA, David Mackie, says: “Last year was a busy year for housing, and with the Housing White Paper due at the end of this month, 2017 is set to be even busier.

“The housing market continues to dominate the political and news agenda, so we’re thrilled to have secured the Housing Minister as a speaker at this year’s event. It’s now more important than ever that we understand what the Government has planned for housing in the immediate and longer term. The session will give attendees an opportunity to share their views with the Housing Minister on what’s affecting them within the sector, and to raise any views or concerns.”

Non-NAEA members are welcome at the event – for more information and to book tickets, visit: http://www.naea.co.uk/events/national-conference.aspx

May Chooses Hard Brexit in Crucial Speech

Published On: January 18, 2017 at 9:37 am

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The Prime Minister, Theresa May, has chosen a hard Brexit, according to the lead European Parliament negotiator on Britain’s exit from the EU, following her crucial speech yesterday.

Guy Verhofstadt insisted that the country has “chosen a hard Brexit”, after May warned European leaders that the UK is prepared to crash out of the EU if she cannot negotiate a reasonable exit deal.

The Prime Minister told EU counterparts that any attempt to inflict a punitive outcome on the UK would be an “act of calamitous self-harm”, as the country would then slash taxes to attract companies from across the globe. Her one-hour address intended to spell out the UK’s negotiating strategy.

Although May said that the UK could be the EU’s “best friend” if Article 50 talks go well, she said she is prepared to walk away.

“And while I am confident that this scenario need never arise – while I am sure a positive agreement can be reached – I am equally clear that no deal for Britain is better than a bad deal for Britain,” she insisted.

May Chooses Hard Brexit in Crucial Speech

May Chooses Hard Brexit in Crucial Speech

Eurosceptic ministers and backbenchers were quick to praise May, although her remarks were met with criticism from Verhofstadt, who argued: “May’s clarity is welcome, but the days of UK cherry-picking are over.”

He also gave a tough response to May’s point about business: “Threatening to turn the UK into a deregulated tax haven will not only hurt British people, it is a counterproductive negotiating tactic.”

Verhofstadt urged the Prime Minister to remember the 48% of Britons who voted to remain in the EU.

Speaking at Lancaster House in London, May committed to give both Houses of Parliament a vote on the final Brexit deal, which caused the pound to soar, although Downing Street was clear that the alternative to a negotiated deal would be defaulting onto the higher tariffs of World Trade Organisation rules.

Setting out the Government’s 12 priorities for Brexit negotiations, May made it clear that the UK would:

  • Take back control of borders, arguing that record levels of migration had “put pressure on public services”
  • No longer be under the jurisdiction of the European Court of Justice, as “we will not have truly left the European Union if we are not in control of our own laws”
  • “Explicitly rule out membership of the EU’s single market”, because it is incompatible with migration controls
  • Not stay in the customs union, but try to strike a separate deal as an “associate member” to make trading as “frictionless as possible”
  • Not be required to “contribute huge sums to the EU budget”, but simply pay towards specific programmes
  • Seek a “new, comprehensive, bold and ambitious free trade agreement” with the EU, and build trading relationships with countries beyond Europe as part of a “global Britain” strategy

The Prime Minister also said she wanted to secure the rights of the three million-plus EU citizens living in the UK, suggesting that “one or two” countries, thought to include Germany, had refused to negotiate an early agreement over the issue.

She said she would accept a phased process of implementation of the Brexit agreement after 2019, but not an unlimited transitional deal that could push Britain into “permanent political purgatory”.

Calling for unity in the UK, May said: “Because this is not a game or a time for opposition for opposition’s sake; it is a crucial and sensitive negotiation that will define the interests and the success of our country for many years to come. And it is vital that we maintain our discipline.”

So what will May’s hard Brexit strategy mean for the high number of European students living in the UK?

Danielle Cullen, the Managing Director of StudentTenant.com, warns: “There is great concern surrounding Theresa May’s comments on a hard Brexit today and leaving the single market, which includes the free movement of people.

“European students bring huge value to our economy and culture, and still no comment has been made on how they will be looked after. We just sincerely hope the Government reaches the early deal the Prime Minister proposes surrounding the rights of EU citizens living and studying in the UK.”

Prime rental values fall in Home Counties during 2016

Published On: January 17, 2017 at 2:29 pm

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Rents in prime locations of the Home Counties fell by an average of 0.8% last year, according to the latest Knight Frank rental index.

This fall has been attributed to a higher number of homes available at the top-end of the market pushing down prices.

Higher Volume

The rise in the volume of properties available in higher price brackets was primarily driven by larger uncertainty in the sales market after a number of tax alterations during 2016.

In the final quarter of 2016, prime rents in the Home Counties fell at twice the annual rate at 1.6%. Additionally, Knight Frank was instructed to let 39% more properties during the same quarter. Market appraisals also increased by 45% in the same period.

As such, Knight Frank feel that the market remains favourable to tenants, particularly those living in regions with high price brackets. Landlords in these areas have to be flexible in regards to asking rents, to try and stay competitive and keep void periods down.

Prime rental values fall in Home Counties during 2016

Prime rental values fall in Home Counties during 2016

Decline

Jemma Scott, partner at Knight Frank, said: ‘The latest figures show that the rental market in the Home Counties is equally affected by the global markets as prime central London, which is reflected in the marginal decline in rents.’[1]

‘However, the surge in activity in the last quarter of 2016 and the significant increase in new tenant registrations suggest that the gap between available stock and tenant demand is closing, so our outlook for 2017 is very positive,’ she continued.[1]

The number of viewings actually rose by 17% in the same period compared to 2015, with the volume of would-be tenants also rising by 28%. Knight Frank agents attribute this demand mostly under the £4,000pcm price bracket. These properties usually sell quicker than those in higher brackets, driven by an increase in corporate enquiries from executives moving to the Home Counties for work.

‘Already in the first week of trading for 2017, the sub £4,000 per month market remains busy and we have seen an encouraging number of international corporate enquiries as families and businesses plan for relocation to the UK,’ Scott concluded.[1]

 

[1] https://www.landlordtoday.co.uk/breaking-news/2017/1/prime-rental-values-fell-in-the-home-counties-last-year

Buy-to-Let Landlords Start Buying Commercial Properties Instead

Published On: January 17, 2017 at 11:28 am

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The number of buy-to-let landlords moving onto commercial properties has tripled in the past three years, according to experts in the sector.

Investors are fleeing the traditional buy-to-let property sector and turning instead to shops, restaurants and offices as alternative investment options.

There are now less than three months until the Government’s reduction in tax relief on buy-to-let landlords’ finance costs is introduced, which will put thousands of investors in danger of making a loss.

The change will also push around 22% of landlords into the higher tax bracket.

More than 100,000 landlords purchased properties in a limited company structure last year to avoid the change, but many are now concerned that the Government might make these investors subject to tougher taxes too.

George Walker, a commercial auction partner at Allsop, says the auction house has witnessed three times the number of buy-to-let converts moving onto commercial properties since the tax changes were announced.

“We’re getting a lot of investors into our market because of the changes to buy-to-let,” he reports. “Once they have bought one, they can’t believe the simplicity and want to do it again.”

Case study

Seasoned landlord Graham Chilvers, who has 30 years’ experience in the sector, has turned to commercial properties for this reason.

He doesn’t plan to sell any of the 75 residential properties he has purchased over the years, and is confident that he will continue to be able to pay his mortgages, as they are all relatively small.

Buy-to-Let Landlords Start Buying Commercial Properties Instead

Buy-to-Let Landlords Start Buying Commercial Properties Instead

However, he won’t buy any more and is already committed to commercial properties.

“I thought about going down the limited company route, but I understand the Government are already looking into closing that loophole, and I think it would cost too much to do,” he explains.

Moving onto a limited company can also have significant tax implications, with owners potentially incurring Stamp Duty and Capital Gains Tax liabilities.

Instead, Chilvers will continue to buy property, but will instead focus on garages, commercial buildings and industrial estates.

Commercial properties

Yields are typically higher for landlords of commercial properties – while a buy-to-let investor might expect the value of their property to increase as well as taking monthly rental income, a commercial yield will be higher from rent, but price growth is less reliable.

Another bonus is that, generally, tenants take on many of the costs that a landlord would have to deal with in the residential sector, such as insurance and repairs.

Tenants also sign up for longer leases, meaning a more reliable income stream. However, void periods can also be longer.

Retail units and small offices are the most popular property types for buy-to-let converts. Walker reports that shops form around 70% of the auction house’s lots. Leisure, which includes restaurants, cafes and gyms, makes up 10%. Offices and industrial lots, such as small factories, each make up a further 10%.

It is advised that landlords download the tenant business’ accounts from Companies House to determine the quality of the occupier. Make sure the business looks in good shape and ask the seller about their relationship with the tenants.

If you’re looking for a shop or restaurant, visit the location to see how busy it is. Consider its opening hours, and how much demand and competition there is in the area.

It’s also essential to find out the terms and length of the lease, rent paid and when the next rent review is due.

Commercial property mortgages 

High street banks can be difficult when it comes to commercial lending, warns David Whittaker, of broker Mortgages for Business. They are less likely to offer interest-only mortgages and will often only lend for the period of an existing lease, which can be too short to repay the whole loan.

“The regulator is not keen on long-term interest-only, because property prices in the commercial sector can be quite a bit more volatile,” he explains. “It’s an illiquid market, so lenders want to see you paying down the capital over the period of the loan.”

Typically, they will allow for an interest-only period at the beginning, after which capital must also be repaid.

If a property is vacant, landlords may struggle to persuade a high street bank to lend. A good surveyor can assess the area and property and draw a conclusion about how easily the lot will be let.

Although challenger banks can be a bit more flexible, rates tend to be higher.

And don’t assume that a portfolio of residential loans with a high street bank will support your case for a commercial mortgage with the same bank – these divisions often do not communicate with each other.

A good rate for a commercial property mortgage is around 5-5.5%, rising to 7-8% at the very highest.

The risks 

Always hire a good solicitor with experience in commercial properties to examine the terms of the lease and title, and organise the sale quickly and correctly.

If you plan to buy at auction, Walker recommends attending an auction day first to experience the process and see what’s on offer. Once you’re ready to buy, you must be prepared. Examine the terms well in advance and arrange any finance if you need to borrow. As the hammer comes down, you are contractually obliged to buy the property, and the auction house takes 10% of the price on the day you buy – so don’t rush in.

Landlords must also understand that they have significantly less protection with commercial mortgages than with buy-to-let or residential loans. Lenders can call in the mortgage at any point and hike rates depending on market conditions.

Mortgages also tend to be variable, with a margin over Bank Rate or Libor. If the rate is not fixed, you are vulnerable to market fluctuations.

Have you or do you plan to move into commercial properties following the forthcoming tax change? Let us know!