Posts with tag: letting agents

Government Aware that Letting Agent Fee Ban will Increase Rents

Published On: April 10, 2017 at 9:23 am

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Government Aware that Letting Agent Fee Ban will Increase Rents

Government Aware that Letting Agent Fee Ban will Increase Rents

As the Government releases its consultation paper on banning letting agent fees charged to tenants, the document confirms that ministers are aware the ban will increase rents.

On Friday, the Government launched the consultation, with a request for feedback. The ban will prohibit letting agents from charging fees to tenants.

The document also confirmed that landlords would be banned from charging tenants any form of letting fee, to ensure that they do not pass on the costs.

As it is believed that the fees will instead be charged to landlords, many fear that they will be forced to increase rents to accommodate the higher costs.

The Managing Director of StudentTenant.com, Danielle Cullen, is frustrated that the consultation acknowledges that rents will be pushed up.

She reacts to the announcement: “So here we have it, the release of the consultation for the ban on letting fees, and it’s brutal for agents.

“Oh how foolish the Government is to think it is going to help tenants to save money. The contradiction in the paper is incredible; after pages relating to the fairness of fees, later there is a part called Increase in Rents! It is clearly acknowledged that landlords will be increasing their rent to account for the additional costs they will have to pay. But this is okay because tenants are able to pick the rental bracket that suits them better? Surely tenants will end up in sub-standard properties, or homeless because they can’t afford the increased rent, in a market that is already going crazy.”

She continues: “Tenants will end up paying more over the course of the year as rental prices hike and landlords can comfortably increase their rents – probably higher than the cost of the additional fees they will have to pay. All this does is increase the monthly cost for tenants, and this is going to hit students hard. Students struggle as it is to pay their rent and keep up with their bills whilst studying, and now they will be faced with increased costs every month, instead of being able to pay one lump sum and get it out of the way. I completely agree that something needed to be done about agent fees that were spiralling out of control – I was shocked to uncover the extortionate fees charged by some after some research following the announcement last year. However, the Tories just seem to be going about it in completely the wrong way.”

Do you think you will have to increase rents to accommodate the higher costs? Or will you stop using your letting agent altogether?

Letting agents: Take note of new civil penalties!

Published On: April 6, 2017 at 10:39 am

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New legislation that comes into play today is to give local authorities in England tougher new powers in order for them to clamp down on rogue agents and landlords.

For the first time, local housing authorities are able to impose a civil penalty of up to £30,000 for a range of housing offences.

Legislation

The offences that can fall subject to charges are:

  • Failure to comply with either a housing improvement or overcrowding notice
  • Failure to have the sufficient licence for a property that requires a mandatory HMO, additional or selective licence
  • Failure to comply with HMO management regulations

For properties that do not have the correct licence, or are found to be in breach of rules surrounding HMOs, both the landlord and letting agent can be held accountable. This means that compliance checks are now imperative.

Before any penalties are imposed, local authorities must adhere to Government guidance and issue a notice of intent.

Letting agents: Take note of new civil penalties!

Letting agents: Take note of new civil penalties!

Rent Repayment Orders

In addition, the Government is expanding its Rent Repayment Order provisions, in order to enable local authorities or tenants to claim back up to 12 months rent.

Beforehand, this was only available to licensable properties. However, tenants could not make a claim unless the local authority had prosecuted the landlord.

From today, Rent Repayment Orders are available as a sanction for more offences, which include:

  • illegal eviction or harassment
  • using violence in order to secure entry
  • failure to comply with a housing improvement notice

Tenants can now submit a claim without the local authority having prosecuted the landlord. Unlike criminal prosecutions, any income that is received from civil penalties or Rent Repayment Orders can be retained by the local authority and then spent on housing enforcements.

Vital

Isobel Thomson, chief executive of NALS, said: ‘Whilst we support local authority action to crack down on rogue landlords and agents, it is vital that councils resist the temptation to issue financial penalties for very minor infringements purely to raise income and fill their budget black hole.’[1]

‘If used wisely, these powers could mark an important step forward in driving rogue operators from the market and improving consumer protection. With councils able to retain revenue from targeted enforcement action, the business case for introducing new bureaucratic and costly licensing schemes is weaker than ever. It is time for councils to think again and adopt a smarter approach to regulation,’ she added.[1]

[1] https://www.lettingagenttoday.co.uk/breaking-news/2017/4/letting-agents-in-the-firing-line-as-new-civil-penalties-come-into-effec

4,000 agents could lose jobs following ban on fees

Published On: March 28, 2017 at 10:08 am

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New research released by ARLA Propertymark suggests that there are 4,000 jobs at risk, should the proposed ban on agent fees come into force.

In a report presented to the organisation’s annual conference, ARLA said that the ban could cost tenants thousands of pounds.

Funds

The research reveals letting agent fees make up around one fifth of letting agent revenues and provide vital funding for imperative checks required to set up tenancy agreements.

Should fees be banned outright when the Government publishes its consultation, agents will be left with little choice but to pass the cost onto landlords in the form of higher agent fees.

ARLA’s research suggests that 41% of landlords expect that they will have to pass on some of this inflated cost to their tenants. On average, these rises will amount to £103 per year.

If landlords were to pass on the entire uplift in letting agent fees, tenants would be hit more, with typical rises of £275 per year.

In addition, there would be a huge impact on the lettings sector overall, which employs roughly 58,000 across the country.

4,000 agents could lose jobs following ban on fees

4,000 agents could lose jobs following ban on fees

Risks

The report states: ‘If letting agents take the full hit of the letting agent fee ban, 16,000 jobs will be at risk. It’s more likely however agents will pass on 75 per cent of the costs to landlords, which would result in job losses of around 4,000.’[1]

More side effects from the proposed ban include 27% of landlords choosing not to purchase any more rental properties. 20% meanwhile said that they would sell some of their portfolio.

ARLA’s report shows that in Scotland, letting agent fees were banned in 1984 and clarified in the Private Rented Housing Act of 2011.

The report goes on to say: ‘This meant that tenants were only accountable for the rent and deposit, and everything else would be charged to the landlord. However, this has resulted in many agents carrying out less of the tasks they were doing previously. Worryingly, one in four said they no longer do credit checks as standard.’[1]

[1] https://www.lettingagenttoday.co.uk/breaking-news/2017/3/4-000-letting-agency-jobs-at-risk-if-fees-ban-happens-warns-arla

 

Letting Agent Fee Campaign Enters Second Stage

Published On: March 28, 2017 at 8:47 am

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Letting Agent Fee Campaign Enters Second Stage

Letting Agent Fee Campaign Enters Second Stage

Around 180 letting agents in parts of Berkshire and Hampshire are being targeted as part of a letting agent fee campaign to find out if agents are displaying their fees correctly.

It is the second stage of the letting agent fee campaign being jointly conducted by The Property Ombudsman (TPO) and the Chartered Trading Standards Institute. As of yesterday, 179 letting agents in and around Basingstoke and Reading are being targeted.

They are being asked to provide photographic evidence of their compliance with the law, which requires fees to be displayed in the branch and on the company’s website.

The second stage follows on from the end of the first phase, where 99% of 266 TPO letting agents in Swansea and Dorset were found to be compliant.

All had been asked for similar photographic evidence.

Agents found to be displaying the required information incorrectly were given the chance to amend it and re-submit their evidence.

The campaign found that just two agents failed to comply, either by not responding or not addressing inaccuracies that had been flagged up.

Both will now be referred to TPO’s disciplinary and standards committee for further investigation.

This committee is independent, and has the power to fine, suspend or expel an agent from TPO, plus refer it to Trading Standards officers, who can impose fines of up to £4,000.

Letting agents are required to display fees, along with their redress scheme membership details and Client Money Protection (CMP) scheme.

The Property Ombudsman, Katrine Sporle, says: “TPO has seen an increase in the number of enquiries about fees from tenants in recent weeks. It is essential that agents provide clarity and transparency about what fees are being charged for what service, so that all parties understand the commitments they are entering into.”

The campaign will continue while details of a consultation on the letting agent fee ban have yet to be announced.

Letting agents, make sure you comply with the law!

Agents are not going to be included in Money Laundering Directive

Published On: March 24, 2017 at 12:59 pm

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Categories: Finance News

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The UK property industry feels that a recent Government decision not to include letting agents in its proposals for legislation to meet requirements of the fourth Money Laundering Directive is wrong.

There are many elements of the consultation on the directive that are likely to have an impact on the property sector. While letting agents will be expected to carry out consumer due diligence, lettings agents will not.

This means that buyers and sellers of properties will be checked by estate agents, but tenants and landlords won’t.

Disappointed

David Cox, Chief Executive of ARLA Propertymark, said: ‘We’re disappointed the Government has chosen not include letting activity within the money laundering regulations 2017.’[1]

‘The risk with this is that money laundering activity will transfer from the sales sector due to the increased powers within the new regulation, into the lettings sector which remains unregulated. However, within the context of the recently increased legislative burden on letting agents, coupled with the shock announcement to ban letting agent fees in the Autumn Statement, we understand why the Government has chosen not to impose these requirements at this critical juncture,’ he continued.[1]

Agents are not going to be included in Money Laundering Directive

Agents are not going to be included in Money Laundering Directive

Implementation

Mark Hayward, NAEA Propertymark Chief Executive, believes it is good news that the consultation on money laundering has appeared. He believes that when legislation comes into force, it is imperative that the sector acts to implement the changes.

Hayward said: ‘The Government has announced that purchasers are now included in the application of customer due diligence, so additional checks will need to be made by sales agents and auctioneers, which will be complicated by the fact that buyers are sometimes at arm’s length and there’s not necessarily a face to face relationship.’[1]

‘However, further clarity will be required as to what point the purchaser becomes a purchaser and this is an issue we will be seeking guidance on,’ he added.[1]

[1] http://www.propertywire.com/news/uk/uk-property-industry-disappointed-letting-agents-not-included-money-directive/

10 Steps to Choosing the Best Letting Agent

Published On: March 23, 2017 at 10:45 am

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Categories: Landlord News

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Choosing a half decent letting agent to manage (probably) the single biggest investment you’re ever likely to make can seem a daunting prospect. But don’t worry; we have produced a mini guide that will help you find a letting agent that’s just right for you.

Choosing the right letting agent could be the difference between finding a really great tenant or having your property sitting void for weeks on end and you losing a large amount of rental income. Whilst there are some very good Rent Guarantee Insurances available to landlords, these products won’t cover you before your tenancy start date and won’t cover properties in between tenancies. Below, with the help of Carol Lewis from the Estate Agents London news site, we discuss the difference between a good letting agent and a bad letting agent:

  1. Remember the agent works for you

A letting agent earns money (usually called a commission) once they let your property. If they don’t have your property on their books, they can’t make any money. You’re the landlord and therefore you’re the one in control. It’s worth remembering that at all times when discussing your property with the letting agent.

  1. Should you choose a sole agency or go multiple agency?

If you were selling your property, the number of agents you have marketing your property will directly affect the fee you are likely to pay.

When it comes to letting your property, however, the number of agents you use doesn’t always matter. You can have as many letting agents as you want to help find you a good tenant – their fees do not usually increase depending on the number of other competitors also marketing your property.

  1. Asking family and friends for recommendations

Personal recommendation is probably still the number one way of acquiring new business for a letting agent. More and more letting agents are relying on landlords who have multiple properties to let and friends and family members who have properties they also wish to let. So ask around, it can’t do any harm.

  1. 10 Steps to Choosing the Best Letting Agent

    10 Steps to Choosing the Best Letting Agent

    Search online reviews

Reviews are the in thing right now. A number of high profile estate agents, such as London letting agent Foxtons, have recently followed the online revolution and have started to embrace review sites such as Trustpilot.

“Reviews and online reputation management help drive customer acquisition and also help us to better understand customer needs and areas we need to improve,” says Ajvinder Singh, Managing Director of London estate agent Aaron J Barclay.

However, you should read reviews carefully to see which ones are real reviews. There are tell-tale signs. Are they overly gushing in their praise of the agency or do they look like they are from a genuine customer who wants to share their experience?

  1. Choose a local agent

This can seem pretty obvious at first. However, a lot of the new online-only or hybrid agencies claim to have local property experts who know the local market. On closer inspection, some of these local experts are covering large parts of the country, so cannot truly have local knowledge. It’s worth bearing in mind the high level of local knowledge a local agent can have. If coupled with a database of local clients who have registered locally, this can make a powerful combination and help you find a tenant pretty quickly.

  1. Choose someone who’s relevant

This applies to those landlords with unique properties to let. If you have a cosy one-bedroom flat in central London, there’s no point appointing a Surrey letting agent who specialises in luxury countryside barn conversions. A lot of letting agents find that specialising in a particular niche works for them – it could work for you too.

  1. What is their marketing like?

Are they any good at their actual job? The photos should be professionally taken (and edited) and should show your property in a good light to maximise its potential. The description of the property should be comprehensive and well written.

  1. Are there many let boards around town?

The sign of a good agent is having lots and lots of let property boards scattered around town. Be wary though of some agent leaving their boards up too long to make it look as though they are doing better than they really are.

  1. Narrow your search down to three good agents and see how good they are

Invite three letting agents around to your home to give you an appraisal and to see what levels of service and value they can offer you. Ask the agent how many comparable properties they have on their books and how they can justify their figures. Also ask what professional qualifications they have, as that is important to understand what their minimal legal obligation is towards you as a customer. There are many professional bodies that deal with letting agents including ARLA (the Association of Residential Letting Agents), NAEA (the National Association of Estate Agents) and TPOS (The Property Ombudsman Scheme).

Always ask if there’s a plan B – what would your letting agent do if your property wasn’t getting the desired interest? Evaluate what answers they give you and decide if it’s something you can work with.

Ask them all which portals your property is going to be marketed on. Rightmove is the clear market leader when it comes to property portals, followed by a distant Zoopla. On The Market is a new portal and is a similar distance behind Zoopla and compares favourably with Prime Location, which is owned by Zoopla. Listing on the big two will ensure your property receives the best exposure.

  1. Finally…

Choose a letting agent you are comfortable talking to, because you could end up having to communicate a lot. Don’t fall for the classic over-valuing of your property by an agent just to gain your confidence at an unrealistic level. This ploy doesn’t work and will only become evident when there is a lack of interest in your property and the inevitable call asking you to lower you rental price. Take into account what the letting agent is charging, but don’t get hung up on it too much. If they are offering good value for money and the commission includes some generous extra, then go ahead with the agent you feel most comfortable with.

If you’re unsure about something, then ask; agents expect all sorts of questions and it’s their job to alleviate your concerns.