Posts with tag: letting agent fees

Confusion over timescale of letting agent fees ban

Published On: February 8, 2017 at 2:28 pm

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Yesterday saw the publication of the long-awaited Housing White Paper, which included pledges on fixing the ‘broken’ housing market.

These included introducing longer tenancies and building more affordable housing for first-time buyers.

However, the Paper still remained vague on the subject of the banning of letting agents’ fees in England.

Banning of Fees

The measure to ban letting agent fees was introduced during last year’s Autumn Statement, but as yet there is little in the way of a specific timeframe for the changes to be implemented.

In the White Paper, the Government says the following on the ban:

Where there are concerns, these tend to focus on affordability and security. In the long term, building more homes will help with affordability, but renters often face upfront costs including fees charged by letting agents to tenants.’

‘Tenants have no control over these fees because the agent is appointed by and works for the landlord. This is wrong.’

‘The government has already introduced transparency on fees. We will consult early this year, ahead of bringing forward legislation as soon as Parliamentary time allows, to ban letting agent fees to tenants. This will improve competition in the market and give renters greater clarity and control over what they pay.’[1]

Confusion over timescale of letting agent fees ban

Confusion over timescale of letting agent fees ban

Implementation

The Royal Institution of Chartered Surveyors has suggested that the timeframe for the ban on fees will follow one of two routes.

First, full consultation and primary legislation, which could take until 2018 to complete.

Alternatively, there could be, ‘curtailed consultation and secondary legislation under existing statute,’ which could be completed this year.

Uncertainty surrounding the timetable, coupled with the on-going Brexit debacle, suggests that a ban on agent fees is unlikely until next year.

[1] https://www.lettingagenttoday.co.uk/breaking-news/2017/2/letting-fees-ban-still-unlikely-to-be-introduced-until-2018

 

 

 

 

Government to Consult on Letting Agent Fee Ban in Spring, Confirms Housing Minister

Published On: January 27, 2017 at 11:31 am

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The Government will consult on the letting agent fee ban for tenants in spring, the Housing Minister, Gavin Barwell, has confirmed.

Government to Consult on Letting Agent Fee Ban in Spring, Confirms Housing Minister

Government to Consult on Letting Agent Fee Ban in Spring, Confirms Housing Minister

Barwell responded to requests from John Healey, the Shadow Secretary of State for Housing, to find out when the Government plans to “bring forward legislative proposals to ban letting fees for tenants” and when it plans for “that ban to come into effect”.

The questions follow Chancellor Philip Hammond’s announcement in last year’s Autumn Statement that letting agent fees charged to tenants will be banned in England.

The Housing Minister has previously expressed his support of the ban.

Barwell responded to Healey’s requests: “As my Noble Friend, Lord Bourne of Aberystwyth, said in the House of Lords on 19th January 2017, the Government is committed to introducing legislation as soon as possible to implement the ban on letting agent fees for tenants.

“We will consult in the spring on the detail of the ban and will consider the views of property agencies, landlords, tenants and other stakeholders before introducing legislation. Impact assessments will follow the consultation and support the detail of banning fees to tenants.”

Barwell will need to take into account the views of other MPs, too, with one Conservative MP insisting that the letting agent fee ban will push rents up, making it even more difficult for tenants living in the private rental sector.

Nevertheless, tenants have recently urged the Government not to forget their promises concerning the letting agent fee ban, while lobby group Generation Rent believes the ban to be great news for renters.

While it appears that the letting agent fee ban will indeed be introduced in England, the Welsh Assembly is currently making a decision on whether to bring in similar rules for letting agents.

We will keep you up to date with developments on the lettings fee ban for tenants and its effects on the sector at LandlordNews.co.uk.

Welsh Assembly Yet to Make a Decision on Banning Letting Agent Fees

Published On: January 27, 2017 at 9:28 am

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The Welsh Assembly is yet to make a decision on whether banning letting agent fees in Wales is a good idea.

Welsh Assembly Yet to Make a Decision on Banning Letting Agent Fees

Welsh Assembly Yet to Make a Decision on Banning Letting Agent Fees

Following Chancellor Philip Hammond’s announcement in last year’s Autumn Statement that letting agent fees charged to tenants will be banned in England, the Welsh Assembly has debated whether to introduce the same measure in Wales.

Carwyn Jones AM, the First Minister of Wales, has written to David Cox, the Managing Director of the Association of Residential Letting Agents (ARLA), confirming that no decision has yet been made on banning letting agent fees in the country.

The letter reads: “The Cabinet Secretary for Communities and Children has made a commitment to review the evidence currently available, before deciding what action should be taken.

“He will be taking into account the impact of the Scottish legislation and will also be reviewing the proposals in England, taking into account the findings of their consultation, which is due to be held in the coming months.

“The review will also consider the different approach Wales has taken, by introducing Rent Smart Wales, and how this will impact on and inform any further regulation in the sector.”

ARLA insists that it will continue to communicate with the Welsh Assembly on the matter.

In an email to its members, ARLA says: “We urge all members to complete our monthly surveys and respond to the UK Government’s consultation when it is released.

“It’s clear that further widespread changes are in the pipeline for the private rented sector across the UK, but what’s important is that governments listen to the industry and follow the evidence.”

A number of proposals from Welsh Assembly Members were put forward to commence the banning of letting agent fees for tenants. None of the proposals have yet been successful.

Do you believe that Wales should follow England in banning letting agent fees?

Letting Agents in Essex Fined Over £14,000 for Failing to Display Fees

Published On: January 11, 2017 at 11:27 am

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Several letting agents in one borough of Essex have been fined over £14,000 for failing to display fees.

Letting Agents in Essex Fined Over £14,000 for Failing to Display Fees

Letting Agents in Essex Fined Over £14,000 for Failing to Display Fees

Thurrock Council embarked on a crackdown to expose letting agents that do not comply with the law to display fees. It says the money raised by the fines will be used for further enforcement.

Following the launch of its crackdown last summer, the council visited 33 agencies and subsequently issued 13 with a notice of intent.

It has now issued fines totalling £14,100 to agents failing to comply with consumer rights laws that require agents to display fees, the redress scheme they belong to and whether they offer Client Money Protection.

One estate agent, Edward Clark Estates, appealed the penalty charge of £3,250 on the grounds that a member of staff was on holiday at the time the advice letter was sent and the amount of the penalty was unreasonable.

However, the court responsible for the case – the General Regulatory Chamber – dismissed these arguments and ruled in favour of Thurrock Council.

Councillor Rob Gledhill, Leader of the council and Portfolio Holder for Housing, says: “It is right that the council is taking action on those letting agents who flout the law and are not supplying the residents of Thurrock a high level of service.

“The legislation was passed in 2015, so there is no excuse for not meeting the requirements. Even after our officers visited these agents, some decided not to take the action needed.

“Well, now they face the consequences. The rental market in Thurrock is a very lucrative one, so I want to make sure letting agents are doing their part. The £14,100 raised in fines will be used to fund further enforcement activity by our Trading Standards team to help protect Thurrock residents.”

If you use a letting agent to manage your property portfolio, be sure that it complies with the rules to display fees before entrusting your assets with it.

Database of Rogue Landlords and Letting Agents to be Introduced on 1st October

Published On: January 3, 2017 at 10:23 am

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The Government’s database of rogue landlord and letting agents will be introduced on 1st October, it has been confirmed.

Recent discussions regarding the database also revealed that it could include letting agents that continue to charge fees to tenants once the ban comes into force.

Answering written questions put forward by Liberal Democrat peer Baroness Grender, Government minister Lord Bourne did not rule this out. He also strongly implied that agents that continue to charge fees after the ban could be criminalised.

Database of Rogue Landlords and Letting Agents to be Introduced on 1st October

Database of Rogue Landlords and Letting Agents to be Introduced on 1st October

Baroness Grender, whose private member’s Renters’ Rights Bill is currently going through Parliament and proposed a ban on letting agent fees ahead of the Autumn Statement announcement, asked: “Will letting agents that continue to charge fees after the ban announced in the Autumn Statement has been introduced be listed on the database of rogue landlords and property agents provided for in the Housing and Planning Act 2016?”

Lord Bourne said that the Government is consulting on “which criminal offences should be regarded as banning order offences and be included on the database”.

Baroness Grender followed with another question on whether the ban would “include all fees” and whether it would apply throughout a tenant’s residency.

Lord Bourne responded: “While most letting and managing agents provide a good service, a minority of agents offer a poor service and engage in unacceptable practices.

“The Government is keen to see tenants receiving a good service from their landlord and letting agent, and that is why we announced in the Autumn Statement a ban on letting agent fees paid by tenants in England. This will support better competition in the market and bring down overall costs.”

He added: “Tenants will be better able to search around for properties that suit their budget and there will be no hidden costs. This may be preferable to tenants being hit with upfront charges that can be difficult for them to afford.

“The Government will consult in the New Year on the detail of how best to implement a ban.”

Baroness Grender then asked whether the database of rogue landlords and letting agents would include those who have committed an offence or only those who have been banned.

Lord Bourne replied: “The database of rogue landlords and property agents will contain details of landlords and property agents who have been served with a banning order, or have been convicted of a banning order offence, or have received two or more civil penalties.”

The database, which will be introduced in less than ten months’ time, has come under heavy criticism because, as things stand, it will only be accessible to local and central government, and not to members of the public or agents wishing to recruit new members of staff, for example.

Meanwhile, a ban on letting agent fees in Wales could arrive soon, with two backbench Labour AMs, Jenny Rathbone and Mike Hedges, applying to take part in a ballot that, if they win, will allow them to propose a bill to ban the fees.

Hedges believes that letting agent fees are “a tax on some of the poorest people in society who are engaged in private rented accommodation”.

A Welsh Government spokesperson said: “We are happy to consider how legislation on this might work. We want to look at the evidence from Scotland and see wider consultation to ensure that a ban on fees does not push rental costs up.”

80% of ARLA agents foresee rent rises in 2017

Published On: December 20, 2016 at 11:07 am

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UK rents are expected to increase during 2017, as a combination of a lack of housing supply and the raft of tax changes impacting on buy-to-let landlords.

The eventual phasing out of mortgage tax relief, alongside the introduction of more stringent buy-to-let mortgage lending conditions will also serve to push landlords away from the market.

A new poll from the Association of Residential Letting Agents (ARLA) has highlighted the possible adverse impact a ban on letting agent fees could have.

Rental Rises

After the Chancellor announced a ban on letting agent fees in this year’s Autumn Statement, 80% of ARLA agents believe that rents will rise in 2017. This is due to the assumption that the outright ban on letting agent fees to tenants will see these costs moved to landlords.

David Cox, managing director of ARLA, said: ‘The number of rent hikes reported by letting agents continued to decrease in November and it’s a shame the ban on letting agent fees will have the opposite impact on rent prices when the measure comes into force.’[1]

‘The buy-to-let market is becoming less attractive for investors as the ban on fees, combined with the scrapping of mortgage interest relief and the stamp duty increase on second homes push costs up for landlords. So unfortunately, regardless of the uplift we saw in supply this month, we expect to see the number of properties available to rent fall next year,’ he continued.[1]

Fall in Letting Agents?

A number of buy-to-let landlords do not currently use letting agents to either find or manage properties and it has been mooted that many more should consider going solo moving forwards.

Gillian Kent, chairman at No Agent, said: ‘We’re firm believers that as landlords’ purse strings are tightened by tax changes and the expected increases from traditional letting agents that landlords will look for alternatives.’(1)

Simon Lambert, editor of This is Money, wrote on the website: ‘Landlords are always ripe for a kicking in some circles, so it should come as no surprise that they were swiftly painted as potential future villains in the ban on tenant fees.’[1]

80% of ARLA agents foresee rent rises in 2017

80% of ARLA agents foresee rent rises in 2017

Anger

Lambert also believes that buy-to-let investors are right to be as angry as tenants over fees charged by agents.

He observes: ‘Many (landlords) pay handsomely for letting and management already and the fees they pay are meant to cover many of the things that some unscrupulous letting agents also charge tenants for.’[1]

‘A check with their agent on the level of double-charging going on would leave a landlord as grumpy as their tenant,’ he added.[1]

Concluding, Mr Lambert observed that landlords no not profit from existing tenant fees. As a result, while agents will be wanting to keep their revenues, an attempt to get back lost earnings by putting extra costs onto landlords represents a, ‘high-risk strategy.’[1]

[1] https://www.landlordtoday.co.uk/breaking-news/2016/12/vast-majority-of-letting-agents-expect-rents-to-rise-in-2017