Posts with tag: tenants

Which? to Tackle Tenancy Agreements to Improve the Private Rented Sector

Published On: July 25, 2018 at 8:07 am

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Categories: Tenant News

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Tenancy agreements may be the next big change for the property market. Which?, the consumer watchdog, has been investigating the private rental sector (PRS), and has stated that a review is needed of tenancy agreements used by lettings agents.

The experiences of more than 2,500 tenants in England have been tracked by Which?. It looked into the processes of how they searched for rental accommodation, how they lived in it, and how they moved.

A housing lawyer was brought in to assess certain tenancy agreements, which they revealed to contain unclear language, as well as unfair clauses. For example, one stated that the tenant would be liable for costs that are actually a landlord’s responsibility, and another banned them from changing gas or electricity supplier.

The Government should provide an effective alternative dispute resolution scheme, the findings claim. The issue tenants have with being required to pay a deposit for a new tenancy, whilst also waiting for their previous one to be returned, is another matter that needs addressing.

Which? Chief Economist Rocio Concha has said: “Our comprehensive look at the experiences of tenants exposes the failings in a rental sector that has failed to keep pace with changes in society that have made renting a long term reality rather than just a stepping stone for millions of people.

“The Government must tackle the issues we have identified in our report head on, to ensure the rental market delivers for consumers.’

The watchdog also found evidence of issues ranging from poor property conditions to anxiety about reporting such problems. There is also a lack of awareness around landlord responsibilities and tenant rights, with some letting agents failing to provide necessary information.

Which? believes that all landlords should be registered with local authorities, and a database made publicly accessible, such as the rogue landlords and letting agents now in place within London.

Brent Tenant Fined £26,520 for Illegally Subletting “Death Trap” Bungalow

Published On: July 24, 2018 at 8:57 am

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Categories: Law News

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A tenant in north London has been caught illegally subletting an unlicensed bungalow, and has subsequently been fined £20,000 for several offences, as well as £6,520 in court fees.

The council has described this bungalow in Brent as a “death trap”.

Petru Dregan was found guilty by Willesden Magistrates Court of offenses including the breaking of housing management regulations and neglecting to protect the safety of the other tenants he was taking money from. The property was also unlicensed.

The property was raided by Brent’s licensing enforcement team earlier this year, which featured in an episode of Paul Shamplina’s Channel 5 programme, ‘Bad Tenants, Rogue Landlords’. It exposed the conditions within to be riddled with damp and mould, windows and doors had been blocked off, and smoke alarms covered up.

A combination of makeshift bunk beds provided sleeping areas for ten men in a room that was only suitable for two people.

Councillor Eleanor Southwood, Cabinet Member for Housing and Welfare Reform, has said: “The court’s decision is a positive result for renters in Brent who have a right to safe and decent living conditions. In a poorly managed property like this one, people’s lives are at stake.

“Landlords, agents and sub-letters who ignore licensing laws and the regulations around housing management will be hit hard with heavy fines.”

According to one of the occupants in the bungalow, they were paying £50 a week to stay in the accommodation.

Brent Council has recently extended selective licensing to all privately rented properties in Dudden Hill, Kensal Green, Kilburn, Mapesbury and Queen’s Park. This came into effect 1st June.

Brent landlords who are currently letting out shared accommodation, or looking to do so, can apply for a licence online at www.brent.gov.uk/prslicensing.

Almost £1m in Six Months: Tenancy Deposit Theft Total

Published On: July 18, 2018 at 9:26 am

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Categories: Lettings News

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According to recent analysis from deposit-free renting firm Dlighted, rogue landlords and letting agents have been reportedly convicted of theft, stealing almost £1m tenancy deposits in six months in 2018.

According to Ajay Jagota, Anti-deposit campaigner at Dlighted, dishonest landlords and criminal letting agents have been convicted of stealing £911,391, reports state. This amount was reported stolen during the first six months of the year.

This analysis has revealed that courts have discovered a number of letting agents to be guilty of illegally pocketing tenant’s deposits this year.

Rhian Falvey was jailed for two years following the payment of more than £30,000 of tenant money into her personal bank account, generating bogus invoices and credit notes on the firm’s electronic systems to avoid being caught.

Jagota said: “Cases of deposit theft are clearly and demonstrably becoming more and more common and my worry is that the coming Tenant Fee ban will make things even worse.

“The government’s own impact assessment suggests that letting agents are going to be hundreds of millions of pounds out of pocket, forcing many firms out of business. With billions of pounds of renter’s money just sitting there, the temptation to use that money to bail our struggling businesses could become too great for many agents.

“This is a significant amount of money we’re talking about – close to £4.5bn. Not only is that money missing from the UK economy, there is literally no way at all of knowing for certain how much of is just missing.

“It doesn’t have to be this way.”

Jagota advocates the use of his company’s deposit-free renting solution that helps tenants to rent for zero deposit by using deposit replacement insurance to give landlords and letting agents over £600,000 of cover against property damage, unpaid rent and legal fees.

He continued: “Deposit replacement insurance gives landlords and letting agents significantly superior protection against rent arrears, property damage and legal costs while allowing them to let properties longer and faster.

“Deposit free renting makes renting cheaper for tenants, easier and more profitable for property professionals and cuts crime. The case for it is compelling.”

 

Welsh Tenant Fees Ban will Lead to Increased Costs for Landlords, Says NLA

Published On: July 13, 2018 at 9:18 am

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Categories: Landlord News,Tenant Fees Ban

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The proposal for a tenant fees ban, much like the one currently being discussed in England, is now being considered in Wales.

Members of the Welsh Assembly are being urged to reconsider this ban. Concerns that mirror those brought up in England have been voiced; mainly that such a ban will lead to an increase in costs for landlords.

Chris Norris, the Director of Policy Practice for the National Landlords Association (NLA), gave evidence to the Welsh Assembly committee on the possible impact that the Welsh Fees Bill could have. He highlighted: “The PRS [private rental sector] has a limited elasticity in the landlord’s or owner’s ability to absorb costs; supply in the PRS isn’t unlimited.”

The effectiveness of enforcement was also brought into discussion. Chris Norris questioned the extent to which the Bill would actually achieve its aims. This reflected the points made in his earlier statement about the Welsh Bill last month, when it was first introduced by Housing Minister Rebecca Evans AM: “Whilst tenants and applicants deserve to be treated fairly, and not unduly charged, it is disappointing that the Welsh Government seem to be adding to the enormous amount of change with which landlords in Wales are being expected to contend.

“With all of the uncertainty surrounding the introduction of the new Standard Contract from 2019, and ongoing debate about fitness for habitation in the private sector, the NLA would like to see the Welsh Government focus on getting the fundamentals right before moving onto new challenges.”

Chris Norris was asked by Assembly Member Jenny Rathbone AM about the possibility of increased difficulties for vulnerable renters due to landlords feeling the need to cherry pick their tenants. He responded: “From an admin perspective, you see a relatively straightforward process… or a more expensive, complicated process…

“It is reasonable to suggest that people will favour the simple case if you’re not allowed to recoup the cost of doing [a] longer, more burdensome process… guarantors would provide twice the work, therefore, if the cost is the same, would be easier to choose the prospective tenant without a guarantor”.

Rathbone also enquired as to why tenants should be paying fees to letting agencies, when landlords are the ones benefitting from the services, such as referencing. He responded: “There are some charges for which both the landlord and the tenant are beneficiaries” – avoiding pre-screening, referencing, and particularly checking-in – and where there’s a risk of harm for both parties if the process isn’t followed properly through poor service “there’s an argument for sharing that cost”.

In relation to security deposits, the NLA has stated that it does not believe that there should be a cap. Chris went on to say: “The security deposit never becomes the landlord’s money. The security deposit always remains the tenant’s money.

“The legislation already protects that… it’s not in the landlord’s interest, or the agent’s interest, to ramp up the security deposit that they can’t use as operating capital, because it becomes a barrier to getting people in the homes.”

A written response from the NLA to the Welsh Assembly on the Tenant Fees Bill can be viewed here.

Landlord Exodus Continues, as RLA PEARL Estimates Further Drop in Private Rented Homes

Published On: July 13, 2018 at 8:03 am

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The latest research report from RLA PEARL (the Residential Landlords Association) has been released, concerning key trends in the private rented sector (PRS).

It has revealed specifically that support from landlords for the sector is dwindling. As well as the estimated 46,000 private rented homes that have already been lost, it estimates a further net loss of 133,000.

The recent Government tax changes are thought to be the main reason for this drop, as they have dissuaded many private landlords from continuing their investments in the sector.

Previous research from RLA PEARL has shown that 62% of landlords believed that the profitability of their investments would be reduced by at least 20%. 67% responded that they were considering minimizing their investment due to these tax changes by the Government.

Within his post on the RLA website, Supporting Private Landlords not Pushing them out is Key for a Modern Sector of the Future, Dr Tom Simcock, the Senior Researcher for the RLA, states: “These changes make it easier for those who are wealthier and cash-rich to invest in the private rented sector, over those middle-income earners that may look to purchase a property with finance.

“While also limiting the access of the sector for the more vulnerable tenants and those who can’t afford to buy nor can’t access social housing.”

Dr Simcock also discusses the Government’s recent announcement for the consultation on three-year tenancies: This could be beneficial for both landlords and tenants in the right circumstances and signifies a move towards an evolved modern private rented sector.

“However, in the international examples of private rented sectors, where there are longer-term tenancies, there is also smart taxation policies that support private landlords to provide long-term homes.”

He concludes: “We need to move to a broader but fair reform of private renting; with improved access to justice for landlords and tenants, expanded options for security of tenure, and reformed taxation policy that supports not penalise private landlords.”

Landlords Should Pay Letting Agents for their Services, Not Tenants, Government Whip Insists

Published On: July 12, 2018 at 9:54 am

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Categories: Landlord News,Tenant Fees Ban

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In response to questions raised over how successful the upcoming tenant fees ban will be, one Government Whip has insisted that landlords must be responsible for paying letting agents for their services, not tenants.

Nigel Adams, the Parliamentary Under-Secretary for Housing, Communities and Local Government, spoke out in response to concerns from Matthew Offord MP on how letting agents will cover their costs once they are prohibited from charging fees to tenants.

It has long been the suspicion throughout the housing industry that letting agents will simply pass on these costs to landlords in the form of higher fees.

Offord questioned Adams over what assessment has been made of how letting agents in England would cover the costs that are currently paid by tenants when the ability to charge such fees is abolished.

“The Tenant Fees Bill is not about driving letting agents out of business,” Adams stated in response. “Letting agents should be reimbursed for the valuable services they provide, but this must be by landlords rather than tenants.”

He insisted: “It is only fair that the party who contracts the service should pay for the service.”

However, he did have some slightly positive news for landlords: “We do not expect the full level of tenant fees that are charged currently by letting agents to be passed on to landlords. Currently, there is evidence of excessive charging by letting agents, such as double charging of both landlords and tenants, or charging more than the economic value of services provided.

“Good letting agents, providing services that represent value for money to landlords, will continue to play an important role in the market.”

Adams concluded with his belief that the ban will be successful: “This is what the provisions of the Bill will achieve – landlords will choose the agent that provides the quality of service that they are seeking at a price that they are willing to pay.”

The Government published an impact assessment to accompany the Bill, which can be accessed by clicking the following link: https://www.gov.uk/government/collections/tenant-fees-bill#impact-assessment

Do you agree that it’s the landlord’s duty to pay a letting agent for their services, rather than their tenant’s?

Stay up to date with all developments on the tenant fees bill through our dedicated page: https://landlordnews.co.uk/category/tenant-fees-ban/