Posts with tag: rogue landlords

Funding to tackle criminal landlords step in the right direction

Published On: November 6, 2019 at 10:11 am

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Categories: Law News

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More funding towards a crackdown on criminal landlords has been announced by the Government. This announcement has been welcomed by the Residential Landlords Association (RLA), but they say it is nowhere near enough.

Ministers have now stated that local authorities will be able to access almost £4m in new funding, as part of what it describes as a “crackdown on criminal landlords” for 2019/2020. It was in 2018/19 that £2m was made available for similar efforts.

Housing Secretary Robert Jenrick said: “It’s unacceptable that a small minority of unscrupulous landlords appear to be breaking the law and providing homes which fall short of the standards that tenants rightly expect.

“Everyone deserves to live in a home that is safe and secure, and the funding announced today will help to further strengthen councils’ powers to crack down on criminal landlords and drive up standards in the private rented sector.”

Whilst the Government’s focus on rooting out criminal landlords has been a welcome announcement, the RLA insists more needs to be done. They have highlighted that it is simply not enough to properly find and root out the crooks.

This plan for funding was confirmed this week (4th November 2019), on the same day that the RLA released its report on landlord legislation. This shows that whilst the number of regulations imposing new obligations on landlords has increased by a third since 2010, councils are failing to properly use them.

David Smith, Policy Director for the Residential Landlords Association, has commented: “We welcome the Government’s focus on rooting out criminal landlords. For too long the debate has been driven by ideological calls for more regulation of the sector. What is needed is better enforcement of the powers already available to root out the minority who bring the sector into disrepute.

“That said, today’s funding is simply not enough to achieve this. Rather than throwing odd bits of cash around the Government needs to provide proper, multi-year funding to councils to enable them to plan and prepare clear strategies to find the crooks whilst supporting good landlords. This includes ensuring enough funding is in place to recruit sufficient numbers of well-trained enforcement officers.”

Sharp Rise in the Number of Fraudsters Letting Out Empty Property

Published On: August 9, 2019 at 2:11 pm

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Categories: Lettings News

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Owners of empty property and would-be tenants are being warned about people falsely posing as landlords in order to let out property they do not own. 

In some cases, theses opportunistic criminals are taking money for deposits then disappearing never to be seen again, but in even more brazen cases, ‘tenants’ have moved into properties and began paying regular rent. Sometimes continuing for months, they are totally unaware that they are handing their rent over to a complete stranger whom has no ownership of the property. 

John Williams, of Outlook Property Agency, learnt that his identity had been stolen in order to facilitate a crime like this: The scammer used a corporate-seeming email address in John’s name, and imported the company logo and branding to make it look authentic. All text messages and phone calls also supposedly came from John Williams. 

“The first I knew of it was when a woman phoned me up to ask about the keys to the flat she was about to rent. I had no knowledge of the property and asked who she had been dealing with.

“She said: ‘You’.

“I took three other phone calls like it.”

In total, four people were scammed out of £1000 each for supposed deposits. 

In another case, also involving Outlook Property, the buyer happened to drive past the property to show it to a friend and saw signs of life inside.

The next day two Romanian families with little English were found by Williams living in the property. Police were called and Williams said: 

“They were very unsympathetic. I told them that the tenants were victims but the police gave them half an hour to get out. I had been worrying about how I was going to get the property back for the vendor but there were these families left standing on the pavement.”

However some property owners and tenants have managed to make the best of a bad situation: in one case an owner quickly drafted a tenancy agreement for those found living in their property so that they could continue to stay until suitable accommodation was found. 

Williams says: “The problem is massive, and growing, although whether it is largely a London issue, I don’t know. However, it is certainly something that all agents should be alert to.

“Typically, the fraudsters look for sales properties advertised on Rightmove, although in one of the cases we have experienced, there was no marketing on the portals and no For Sale board by request of the vendor.

“The fraudsters seem to use local knowledge to look for empty homes, such as probate properties, change the locks, and advertise on Gumtree.

“It has got to the stage where we are incredibly careful about marketing sales properties.

“We don’t put up For Sale boards without explaining the risks to the sellers, and we always make sure the properties look occupied at all times, using automatic timers to make the lights go on and off.”

Williams doesn’t blame the would-be tenants though, he believes that they’re usually innocent foreigners without the means to produce the kind of paperwork needed for proper referencing. 

He said: “There is obviously a gap in the market to service this kind of tenant, who may have cash but no acceptable employment records. They have usually handed over money and signed what they believe are legitimate tenancy agreements.

“The police usually tell them they must leave immediately, potentially adding to the homelessness problem.”

Plans to make Rogue Landlord Database Accessible by Tenants

Published On: July 24, 2019 at 8:39 am

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Categories: Tenant News

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The rogue landlord database may be opened up to prospective tenants, according to new government plans.

It launched in 2018, but the names on the list have only been made available to local authorities. Now, the Government plans on making it available to renters in England, as part of a package of private rental sector (PRS) reforms.

Communities Secretary James Brokenshire said: “This database has the potential to ensure that poor quality homes across the country are improved and the worst landlords are banned, and it is right that we unlock this crucial information for new and prospective tenants.

“Landlords should be in no doubt that they must provide decent homes or face the consequences.”

Dan Wilson Craw, Director of Generation Rent, has responded to the proposal: “Renters have to provide references from employers and previous landlords before a landlord hands over the keys to a new flat. So it is only fair that renters get the opportunity to check that a prospective landlord doesn’t have a criminal record. 

“This plan is another victory for renters, though we need much more effective enforcement to identify all landlords who have been breaking the law.”

David Cox, Chief Executive of ARLA Propertymark, has also commented: “We have long argued for the database to be publicly available, and we’re pleased the Government is listening. It’s important that everyone has access to the database, particularly so agencies can vet potential employees, and landlords and tenants can be made aware if they’re using a banned agent. 

“We do however still believe legislation should be combined with the 1979 Estate Agents Act, as without combining the lists, there is a real danger that a banned sales agent could set up as a letting agent or vice versa which will do little to improve the standards or perception of the industry. 

“Particularly in light of RoPA, there needs to be a coordinated approach to regulation and enforcement moving forward. We also believe that access should be granted to professional bodies, such as ARLA Propertymark, so the industry can work together to eliminate rogue operators once and for all.”

Landlord Selective Licensing “Brings us no Closer to Finding Crooks that Operate Under the Radar”

Published On: June 26, 2019 at 8:30 am

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A review on selective licensing for rented housing was released yesterday, proposing a national register for landlords.

The Government commissioned an inquiry into selective licensing last year, which was overseen by a working group made up of local government and industry representatives.

However, Conservative ministers have voiced their opposition to plans for a national register, with Minister for the Private Rental Sector (PRS) Heather Wheeler stating last year: “The Government does not support a mandatory register of private landlords.

“The majority of landlords provide decent and wellmanaged accommodation and requiring those landlords to sign up to a national register would introduce an unnecessary and costly additional layer of bureaucracy.”

The Residential Landlords Association (RLA) is also against the idea, believing that it could end up harming those it’s designed to help.

John Stewart, Policy Manager for the RLA, has said: “Ministers have repeatedly made clear that a national register of landlords would become an unnecessary and costly additional layer of bureaucracy. 

“We agree. All it would become is a list of good landlords which brings us no closer to finding the crooks that operate under the radar.”

The RLA highlights that licensing schemes offer no guarantee when it comes to the quality of homes. 

Mr Stewart also commented: “Selective licensing has become a replacement for lost central government funding and provides no assurances to tenants about the quality of accommodation. 

“Properties do not need to be inspected before a landlord is given a licence and the RLA has found that many councils are charging eye-watering sums of money for almost nothing in return.

“Local authorities need the will and the resources to put real effort into finding the criminal landlords who never come forward to make themselves known. 

“That means using a range of information they can already access including council tax returns, information on tenancy deposits and benefit data to root out the minority of landlords who bring the sector into disrepute.”

You can read the Government’s report on selective licensing here: https://www.gov.uk/government/publications/selective-licensing-review

Landlord Illegally Letting Flats Caught and Sentenced in Slough

Published On: April 3, 2019 at 9:01 am

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A rogue landlord in Slough has been prosecuted, after illegally letting flats to tenants.

After being refused planning permission, 57 year-old Talwinder Singh went ahead and built a block of six flats on Waterbeach Road in Slough. He received a planning enforcement notice in September 2010, but this did not stop him from illegally letting out all six flats to tenants.

He continued to claim that the property had been returned to a single dwelling, as stated in the planning enforcement notice. This is what he told the council, however, it was later discovered that he had lied.

Talwinder Singh had in fact installed temporary kitchens within the flats, made so that they could be easily dismantled and moved elsewhere, in the event that council officers visited the building. The windows for the attic floor rooms were also removed, in order to give the impression that no one was living up there. This meant that the tenants renting that space, which included children, were left without natural light.

Despite registering the building with the council as a single property, this did not prevent him from charging the tenants additional fees for council tax.

Joe Cart, director of regeneration at Slough Borough Council, has said: “People and families in Slough deserve good accommodation and landlords who are not overcharging them for services they are not providing.”

Singh was issued a 15-month prison sentence at Reading Court, suspended for 18months. He has been fined £25,000 and ordered to pay a further £266,177 under the Proceeds of Crime Act 2002.

Neil Wilcox, Director of Finance and Resources at Slough, commented: “This successful prosecution is a result of a thorough and painstaking investigation by the council’s Fraud Team and has led to the recovery of a significant amount of lost council tax.”

During the hearing on 21st March, the council was awarded £18,826 in compensation for lost council tax and £23,130 in prosecution costs.

The Impact that Rogue Landlords are Having on the Industry

Published On: April 2, 2019 at 8:02 am

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Alexandra Morris, the Managing Director of MakeUrMove, comments on the impact rogue landlords have on the whole of the industry. 

The topic of rogue landlords has been thrown into the limelight as a result of controversial landlord Fergus Wilson’s recent appearance on Panorama. 

The perception of Fergus Wilson is that he’s a rogue landlord, but, unfortunately, he may well be a casualty of various legislation introduced by the Government. Some of the recent changes have included the reduction in mortgage interest tax relief on buy-to-let properties, increases in Stamp Duty and the introduction of the tenant fees ban, which is resulting in higher costs for landlords. 

The rogue landlord scale

The term rogue landlords doesn’t just have one fixed meaning, and, arguably, there are various levels of seriousness. There are those who are out and outright fraudulent who deserve the title of rogue landlord. 

However, on the other end of the scale are the accidental or casual landlords, who have ended up letting out a property due to unplanned circumstances. The various changes to legislation are causing confusion for many landlords as to their rights and responsibilities. As a result, some landlords may be acting inadequately through a lack of education, and simply don’t realise until a tenant or letting agent highlights it to them. 

Landlords facing increased costs 

Similarly, there are also landlords who are having to deal with increased costs, such as the loss of mortgage interest tax relief, again, due to the latest rules and regulations in the industry, and the need to cut costs is causing them to be rogue. 

Rather than being rogue, the need to cut costs comes down to a lack of preparation and knowledge on the novice landlord’s part. For example, they might have become too reliant on their existing monthly income from their property. The difference is, professional landlords usually have plans in place well in advance to cover any unplanned costs, or a reserve in the bank. 

With the recently introduced Fit for Human Habitation Act, landlords need to be even more prepared with their money. For example, if a property needs new carpets and a deep clean, a cost that many landlords might not account for, then landlords will have to pay up before the property can be rented out.

Taking responsibility 

Additionally, when a landlord faces claims of substandard practice, then we often see the blame shifted onto tenants or letting agents. This may be because landlords haven’t got the insurance, which covers all of the costs required for letting out their property. However, landlords need to take the responsibility themselves, as they are the ones responsible for making changes to their property. 

TV portrayal of landlords 

We absolutely support the exposing of criminal landlords. However, there also needs to be more balance to show the bigger picture and represent landlords more fairly. 

Programmes such as the latest Panorama episode, Landlords from Hell, and The Week The Landlord Moved Inprovide the British public with a distorted and disproportionate view of landlords as a whole, with our research indicating that 65% of landlords agree.

In reality, the number of rogue landlords in the market is in the minority, yet the media continues to portray all landlords in a way which leaves good, honest landlords feeling hugely undervalued. 

Landlords are even beginning to think that the sensationalist reporting of these programmes, and the portrayal of worst case scenarios has contributed to all landlords being penalised with the Government’s new legislation, which favours tenants and makes renting out properties less viable.

An overhaul of the housing market 

The current conditions in the housing market are greatly damaging for landlords and property investors. We know that the majority of landlords are good landlords, but, if the Government doesn’t step in and introduce legislation that supports landlords, as well as tenants, then we may see more landlords being forced into trying to cut costs, resulting in rogue behaviour.