Posts with tag: landlord law

Failure to Conduct Right to Rent Checks Becomes Criminal Offence

Published On: December 1, 2016 at 9:42 am

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From today, 1st December 2016, failure to conduct Right to Rent checks becomes a criminal offence under the Immigration Act 2016.

Landlords and letting agents that fail to carry out immigration status checks on their prospective tenants may now face a criminal sentence of five years’ imprisonment.

Failure to Conduct Right to Rent Checks Becomes Criminal Offence

Failure to Conduct Right to Rent Checks Becomes Criminal Offence

With concerns that more than half of landlords don’t understand their obligations under the Right to Rent scheme, Hamilton Fraser has launched a free audio podcast.

The Immigration Act 2016 was designed to “further crack down on illegal migration” by making it more difficult for illegal immigrants to work, rent and receive support in the UK. The new criminal sanctions put even more pressure on private landlords to make sure that potential tenants have the right to rent.

The Right to Rent scheme came into force from 1st February 2016. Although the new act does not change these responsibilities, it does increase the penalties that landlords and letting agents face.

Landlords and agents will continue to be liable for fines of up to £3,000 per tenant if they do not conduct Right to Rent checks. However, the new law carries criminal fines, up to five years in prison, or both.

The CEO of Hamilton Fraser, Eddie Hooker, comments: “Whilst the toughest sanctions will likely be reserved for unscrupulous landlords and agents who deliberately and repeatedly fail to follow the rules, with so many changes for landlords in the last 12 months, we have genuine concern that even the most diligent landlords could trip up and end up facing a fine if they fail to carry out proper checks. As a result, we are investing in improving landlord resources and producing easy to understand, educational material.”

Despite the new sanctions, the Immigration Act 2016 does make it easier for landlords to evict illegal migrant tenants, sometimes without a court order.

In his role as a brand ambassador for Hamilton Fraser, tenant eviction specialist Paul Shamplina has been appointed to host a special podcast. He says: “To have a defence, landlords must be able to prove that they complied with the Right to Rent scheme. Even some of the most experienced landlords and agents are struggling to understand the complexities of this new legislation, and we hope that an easy to listen podcast might help to raise awareness.”

The podcast can be found on the Hamilton Fraser group sites, including MyDeposits: https://www.mydeposits.co.uk/blogcat/right-rent-need-know/

The Managing Director of the Association of Residential Letting Agents (ARLA), David Cox, also reacts to the new penalties: “New Immigration Act offences for landlords and agents will only be welcome if they achieve the central aim of prosecuting and fining criminal landlords who are supplying substandard accommodation at inflated rents on the peripheries of society’s radar.

“Enforcement is absolutely fundamental to this, and sufficient resource must be devoted to following up applications to the landlord checking service which are refused, and ensuring that properties occupied by over stayers can be made available again as soon as possible.”

Landlords, remember the importance of sticking to the law on Right to Rent so that you avoid facing these new sanctions.

HSE Proposes Changes to Gas Safety Checks for Landlords

Published On: November 11, 2016 at 11:32 am

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The Health and Safety Executive (HSE) has proposed changes to the timings of gas safety checks for landlords, which it believes will save time and money.

HSE Proposes Changes to Gas Safety Checks for Landlords

HSE Proposes Changes to Gas Safety Checks for Landlords

The organisation has launched a consultation on changing gas safety regulations, which currently state that landlords must carry out gas safety checks “at intervals of no more than 12 months since it was last checked for safety”.

The HSE is proposing adding a clause that requires landlords to conduct checks between 10-12 months of the previous check, but to be treated as if they were carried out on the expiry date.

Explaining the proposed changes, the consultation document says: “In order to ensure that checks are carried out at intervals of no more than 12 months, many landlords start the process for gaining access to properties at around 10.5 months after the last check, according to a survey carried out by CORGI Technical Services.

“However, since in about 75% of cases, landlords do gain access promptly, this leads to a shortening of the safety check cycle year-on-year.

“If landlords carry out a gas safety check every 10.5 months, this results in ten annual gas safety checks being completed over a nine-year period, instead of the statutory nine.”

The HSE recognises that there may be situations when there is a longer gap for a check, such as if a boiler was last checked on 1st December 2016 and a landlord makes a check ten months later in October 2017, but waits 12 months for the next one in December 2018, creating a 14-month gap.

The body estimates that its proposal would save landlords a total of £22m per year as a result of carrying out fewer gas safety checks over the appraisal period, as well as logistical savings.

The consultation document also clarifies that only gas safety defects should be recorded.

The consultation ends on 27th January 2017. You can respond via this online questionnaire: http://consultations.hse.gov.uk/consult.ti/cd280/answerQuestionnaire?qid=657699

To ensure that you stick to the law on gas safety, follow our guide: /landlords-guide-gas-safety/

Possession Claims by Private Landlords Drop by 21%

Published On: November 11, 2016 at 9:33 am

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The number of possession claims made by private landlords has dropped by 21% over the last two years, according to recent data.

Possession Claims by Private Landlords Drop by 21%

Possession Claims by Private Landlords Drop by 21%

Official statistics from the Ministry of Justice show that the number of possession claims made to county courts in England and Wales by private landlords has decreased from a peak of 6,486 in the first quarter of 2014 to 5,129 between July and September this year.

The news arrives as the independent English Housing Survey, published earlier this year, found that in 2014-15, private tenants had lived in their current home for an average of four years.

Both sets of data suggest that most tenants are not at risk of being evicted from their homes.

The Policy Director of the Residential Landlords Association, David Smith, agrees: “Today’s figures are a timely reminder that landlords do not seek to repossess properties lightly.

“With tenants also living an average of four years in private rented homes, the sector is stepping up to the demand for long-term housing, without the need for heavy handed legislation.”

Smith’s statement arrives as landlords face significant changes to their buy-to-let businesses.

Earlier this week, the Housing Minister confirmed that the Government’s blacklist of rogue landlords will be in operation from autumn 2017.

In addition, all landlords must be aware that from 1st December 2016, it will be a criminal offence to ignore your responsibilities under the Right to Rent scheme.

Our guide to the controversial scheme will ensure that you stick to the law and avoid facing penalties: /home-office-reinforces-landlord-responsibilities-right-rent/

Are you aware of other changes to the law that may affect your role as a landlord? Our legal expert details further changes that are due to be introduced under the Housing and Planning Act 2016: /landlords-ready-housing-planning-act-2016/

Remember, the best way to keep on top of your responsibilities is with our monthly newsletter. Sign up for free and receive a round-up of the most important stories of the month here.

Finance Experts Discuss Their Thoughts on the Forthcoming Autumn Statement

Published On: November 10, 2016 at 10:47 am

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Finance experts from London chartered accountant Blick Rothenberg have discussed their thoughts on the forthcoming Autumn Statement and what the new Chancellor should include in his announcement.

The firm’s Autumn Statement newsroom is now up and running, providing tax commentary, technical analysis and an interview service for journalists before, during and after the announcement on Wednesday 23rd November.

Blick Rothenberg’s experts are already looking at what Chancellor Philip Hammond could, should and shouldn’t do:

Stamp Duty

Nimesh Shah, a partner at the firm, believes that the new Chancellor could reduce Stamp Duty, as well as changing the bands and rates.

Following a rush in property sales in March to beat the 3% surcharge for additional homes, the housing market has slowed, reports Shah. The latest Stamp Duty data also suggests that over 40% of the Stamp Duty raised in the last quarter was subject to the surcharge.

Shah also believes that the current Stamp Duty regime is deterring people from moving house.

Property and buy-to-let

Shah claims that the Chancellor should reverse the proposed interest relief restrictions for buy-to-let landlords, as the additional tax cost is expected to be passed on to tenants. A similar tax policy has recently been scrapped in Ireland, he points out.

He adds that the current tax system should be overhauled, to encourage more movement in the property market.

Genevieve Moore, another partner at Blick Rothenberg, claims the Chancellor should update the principal private resident relief, as it is complicated and outdated, and does not cater for modern living patterns.

She also believes that the main residence nil-rate band should be abolished and replaced with an increase to the nil-rate band to £500,000 per person (or £1m per married couple). She insists that the provisions are complicated and prejudiced against people who do not have direct descendants.

Finance Experts Discuss Their Thoughts on the Forthcoming Autumn Statement

Finance Experts Discuss Their Thoughts on the Forthcoming Autumn Statement

Moore also says that the Chancellor should abolish the 8% Capital Gains Tax surcharge on residential property disposals, so that capital gains are taxed at 20%, and that new measures could be introduced to prevent people from incorporating their property portfolios into companies.

Affordable housing 

Frank Nash, also a partner at the firm, believes that Hammond should use the tax system to boost the supply of affordable housing, by introducing capital taxation reliefs to incentivise landowners and developers to assist local authorities in meeting their affordable housing targets.

Pensions

Shah states that Hammond could reduce the pension annual allowance from £40,000 to £20,000.

However, Moore believes that he should scrap the pension annual allowance and lifetime allowance, to encourage people to save for their retirement, and instead introduce a cap on the amount that can be drawn tax-free on retirement.

VAT

Alan Pearce, VAT partner at Blick Rothenberg, says that the Chancellor should re-introduce postponed accounting for import VAT. This would allow businesses to offset import VAT via their quarterly VAT returns, rather than having to pay it at the point of importation and claim it back up to three months later, he explains. He believes that this would be a significant administrative easement and would assist cashflow for UK businesses that import goods. Although it would bring a one-off cashflow hit, the Government’s revenues shouldn’t be affected.

He claims that this would allow the UK to compete on an equal footing with other EU countries, notably the Netherlands and now France (who adopted the treatment from 1st October). The countries that operate a postponed accounting regime often promote it as an incentive to do business there, rather than the UK, he warns. This would therefore become more important in the run-up to Brexit and beyond.

Investment 

Moore believes that Hammond should fix the Annual Investment Allowance at £500,000 and keep it fixed for five years, to encourage businesses to spend and invest in capital projects.

Non-domiciled individuals 

Shah claims that the Chancellor should postpone any changes to non-domicile legislation until the full effect of Brexit is understood. The non-domicile taxation regime has been a cornerstone of the UK’s tax legislation for decades and Britain’s attractiveness as an international centre, he explains. There is a compelling argument to refresh and modernise the regime, but the timing of doing this now does not seem appropriate, he adds.

Brexit

The firm believes that the Government shouldn’t make any changes to the tax legislation until the Brexit strategy becomes clearer.

However, it points out that the Chancellor has been considerably less vocal than his predecessor, George Osborne, in the weeks running up to the Autumn Statement, which could suggest a move to a more quiet announcement.

Traditionally, the Autumn Statement was used to provide a status update and set the scene for March’s Budget. Osborne’s time as chancellor brought more attention to the announcement, by using it to introduce new measures as well.

We will continue to keep you updated on the forthcoming Autumn Statement at LandlordNews.co.uk and on social media.

Blacklist of Rogue Landlords to be in Operation from Autumn 2017

Published On: November 9, 2016 at 9:30 am

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The Government’s blacklist of rogue landlords and letting agents will be in operation from autumn 2017, according to the Housing Minister.

Blacklist of Rogue Landlords to be in Operation from Autumn 2017

Blacklist of Rogue Landlords to be in Operation from Autumn 2017

Gavin Barwell was asked by Justin Tomlinson, Conservative MP for North Swindon, what progress has been made on compiling the blacklist of rogue landlords that was pledged under the Housing and Planning Act 2016.

Barwell responded: “The Housing and Planning Act 2016 introduced a package of measures to help local authorities crack down on rogue landlords, including a database of rogue landlords and property agents. The database is currently being developed and we expect it to become operational in autumn 2017.”

Tomlinson then questioned Barwell over what he is doing to “strengthen the protections afforded to private rent tenants under section 4 of the Defective Premises Act 1972”.

Barwell explained: “All homes should be of a reasonable standard and all tenants should have a safe place to live regardless of tenure. Under the Housing Act 2004 and following an inspection under the Housing Health and Safety Rating System, the local authority can serve a notice on the landlord to require improvements to a property.

“We have strengthened these measures through the Housing and Planning Act 2016 to take action against rogue landlords. These include a database of rogue landlords and property managers, banning orders, civil penalties of up to £30,000, and extended rent repayment orders.”

Alongside the blacklist of rogue landlords, all those renting out property in the UK should be aware of further measures introduced through the Housing and Planning Act 2016.

We have called on a legal expert to explain how each of the forthcoming measures will affect those in the lettings sector. Read more: /landlords-ready-housing-planning-act-2016/

We will keep you updated with any further announcements regarding the introduction of the blacklist of rogue landlords.

You must also be aware that from 1st December 2016, failure to comply with the Right to Rent scheme will be a criminal offence.

Free Online Maintenance and Repair Reporting Tool for Tenants Launches

Published On: October 20, 2016 at 9:29 am

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The National Landlords Code of Excellence Ltd (NLCE) has launched a free online maintenance and repair reporting tool for private tenants in a bid to tackle the age-old problem of maintenance/repair issues between landlords and tenants.

Maintenance in private rental properties is one of the most complex issues to define, particularly for tenants, and is one of the main causes of deposit disputes at the end of a tenancy. Research from deposit protection scheme My Deposits shows that while only 2% of disputes require a formal resolution service, property maintenance accounts for 42% of these cases.

The law

Furthermore, for new tenancies that start on or after 1st October 2015, the Deregulation Act 2015 rules that:

  • Letting agents and tenants must put repair requests and resulting actions in writing.
  • Repair requests do not need to be written in English.
Free Online Maintenance and Repair Reporting Tool for Tenants Launches

Free Online Maintenance and Repair Reporting Tool for Tenants Launches

These new measures were created to protect tenants from eviction when they raise a complaint about the condition of their home, called revenge or retaliatory evictions. Therefore, if a landlord or their letting agent fails to follow the correct procedure for managing repairs under this latest legislation, they could face penalties as well as being unable to evict tenants in the future.

Although the new legislation does not specifically mention what “in writing” constitutes, the courts are increasingly encouraging service of documents by electronic means.

With all of this in mind, the NLCE created its property maintenance and repair reporting tool for tenants.

In compliance with the law, the reporting tool also provides a translation service, which allows tenants to report an issue to their landlord in over 100 languages.

The NLCE works with councils, landlords and letting agents around the UK to ensure that the legal requirements of a landlord, to repair and maintain their property to housing standards criteria, are met in full.

How does it work?

This free tool allows tenants to notify their landlord of any problems they are having with their property. Once the report has been sent, the landlord cannot claim that they have never received a complaint from the tenant about a specific maintenance/repair issue.

With this facility, the landlord supplies the tenant with a plastic bank card-style NLCE tenancy emergency card, which can be acquired from the NLCE and contains the landlord’s name and contact details. The tenant can then use the information on the card to report problems to the landlord. This also helps landlords comply with their legal responsibility to provide their tenants with their contact details.

If the landlord fails to complete the work within a reasonable timeframe, the tenant can automatically raise the issue to the NLCE to make a formal complaint. This complaint will then be passed simultaneously to the relevant accreditation scheme and local council.

Once the complaint is upheld, the complaint procedure will formally begin. If the accreditation scheme cannot make the landlord conduct the works, the local authority will step in to issue an improvement notice, which forces them to complete the work within a specific timescale.

The primary objective of the maintenance and repair reporting tool is to create a paper trail between the landlord and tenant, to protect both parties in the event of a dispute.

The tool can be accessed here: https://www.landlordreferencing.co.uk/nlceuk/maintenance-issue/