Tag Archives: Landlord Advice

05Nov 2010

Rental Issues: Good Landlord Tenant relationships.

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By Steve Roulstone

 

I have just rented a property for the first time, mainly because it has made sense for me to accept an offer from a third party to rent my own home for several years and the offer was too good to miss! But whilst that is the reason why I have rented, I wanted to comment on the relationship I have developed with my new Landlord and how trust and good relationships can still matter.

Lesson to be learnt.

I am dealing directly with my Landlord rather than through an agent and it has enabled me to get across our wishes in relation to the property so much easier than what I know would have happened if I had been operating through a Managing Agent. I know because I know how I would have reacted if I had been that agent and this is the lesson for us all – too many times we forget to look behind the request at the individual and are too scared to advice anything but caution in relating Tenant requests to our Landlords.

Improvements to the Property.

Of course, I am in a position where the last thing I would want is negative press about my dealings as a Tenant in my home town, no that would be just too embarrassing, and I feel that my Landlord knows this, and this has helped her to trust that we will indeed improve her property with our wishes, it also enabled me to negotiate a long term agreement as well, which was exactly what we wanted. But it is the fact that so many people do have good intentions which we as agents may be losing by taking a defensive line instead of putting more work in too finding ground and grounds upon which a Tenant could be allowed to put their own stamp on property they wish to call home, especially if it encourages them to stay longer. It has been a long term belief of mine that we should do everything to encourage Tenants to stay as long as possible on behalf of the Landlord anyway, less footfall, less movement in and out, is bound to be in your Landlords interest in looking after any property in our charge.

Keeping the Tenant happy – as well!

Of course I am not suggesting we throw caution to the wind and allow Tenants what they want when they want (we have to stay within a legal framework at all times) but rather that we should try that little bit harder to recognise good intention and look closely at what Tenants are proposing, especially if the property will benefit and therefore our Landlord also, in the long run. There is nothing like experiencing matters at first hand to remind us that in keeping our duty of responsibility to our Landlords, ‘No’ is not always the best answer and not always in the best interest of all concerned. We should always keep in mind that a happy Tenant looks after a house and pays the rent. I do not know about you, but as a Landlord as well, these are the very things I want from and for my Tenants!!

03Nov 2010

Property Landlord Advice: Are Building Societies qualified?

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By Steve Roulstone

It has come to my attention on two or three occasions lately that Building Societies are being particularly harsh in withholding permission when mortgagees apply to rent their property. For so many owners, renting has become the vehicle that has allowed them to move on with their lives, especially in a flat sales market and we as a National Company, have seen a vast increase in Landlords because of this trend over the last two years.

Permission Withheld!

But now it seems societies are withholding permission in some very strange situations and it would seem, with little thought to the reasons why and the consequences of their actions. The main target for their refusal would appear to be a Company let, which is where I cannot understand there stance, especially when the Company on at least two occasions has been HMCR the agency who look after accommodation for our forces personnel. Although in favour of the Societies, it would help if HMCR did not insist on a release clause for any immediate change of circumstances!!

Strange reasoning.

But the case I will concentrate on is one where permission was refused without taking any of the facts in to account and on appeal, the Landlord was told that not only would they not discuss the issue, take the individual circumstances in too account or consider the Company or the experience of the owner (Even though the amount left on the mortgage was small and represented less than 15% of the value of the house)  but that to tell the owner why permission had been refused would in their words ‘encourage the owner to commit fraud by allowing him to then state that the new conditions had been met, even if they had not’ To state that I was flabbergasted when I heard what was said would be missing how I actually felt by a short space trip!!

Human rights.

Now forgive me for raising this issue as Human Rights, but the last time I checked, in this Country you were indeed innocent until proven guilty and to make such a statement flies in the face of this fact with such impunity that it cannot be ignored. The last thing I would recommend would be for an owner to go against the wishes of their Mortgage Company and I believe in this case a re-mortgage is taking place with a Company who know and approve the situation (and I am made to believe at a cheaper rate to boot!) but come on Building Societies, the recent problems have not been caused by your paying customers, and to act it such an arbitrary way towards us is not acceptable. The least you could and should do is give individual consideration to each scenario and stop acting like some medieval Baron running your own court as both Judge and Jury!

Consequences

We are told that it is not in their interest to have houses re-possessed but really, what is happening if permission is not given or individual circumstances heard as against this blanket decision approach, is people who need to move to gain employment, are being forced to accept lower prices for property where if in negative equity, the effects could damage people’s lives for years to come, if not indefinitely! Not to forget that when statements like that repeated above are made, and such blanket policies are enforced, they merely prove themselves to be ignorant of how the rental market works and therefore unqualified to make decisions that have such an impact on our lives.

19Oct 2010

Property Landlords advice: Resident Landlord agreements (Part 1)

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By Mike Edwards

Deciding if a Resident Landlord agreement is the correct solution to any situation can be a nightmare for Landlords to determine. What can on the face of it look straight forward may not be and vice versa. What happens if there is completely separate access for the tenant? Or what if their accommodation is like a granny annexe or a garage converted into a studio, or a building in the garden? The list goes on!

Popular practice

These situations are becoming more common as the credit crunch inspires some innovative use of spare accommodation by Landlords, but do we treat these scenarios as tenancies or licences? And above all if they are tenancies then should they be ASTs which means registering the deposit – or a fine if you don’t!

Some definitions

If the building as originally constructed is a purpose built block of flats no matter how small and the Landlord occupies a unit as their main residence it can never be a Resident Landlord case. But if you have a conversion to self contained flats and the landlord lives downstairs it is a Resident Landlord case but the tenant cannot have an AST because it is a Resident Landlord situation. In the conversion if the occupier has their own bedroom but shares facilities with the Landlord then only a license can be granted. This is because under the 1988 Act the tenant only needs exclusive possession of “any part of the dwelling” to have a tenancy so the exclusivity of the bedroom is enough to make them a tenant and an AST can be created if there is no Resident Landlord.

And more definitions

Rules on exclusive possession are different outside the 1988 Act as to be a tenant the occupier must have exclusive possession of all essential living accommodation. Therefore if the tenant cannot have an AST as the landlord is in the building, he must have exclusive possession of all essential living accommodation before he can be a tenant and therefore be granted a Common Law tenancy (as in the example above of the two self contained flats above).

Further legal implications

However all this throws up another key issue. In managing the situation, you must make sure it should not have been an AST for if it is then the deposit must be protected. So if you wrongly designate an occupier as a licensee and do not give them an AST when you should have done so then you will be open to a claim for mishandling their deposit.

Link to Res LL Part 2

14Oct 2010

Property Landlord Advice: Rent limit for AST Agreements increased to £100,000

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By Mike Edwards

From 1st October 2010 all tenancies where there is no legally stated reason why they cannot be ASTs  will be so deemed unless the annualised aggregate rent is in excess of £100,000 or basically £8,333 a month no matter how short the initial term might be.

The Change in Law

So if a tenant rents at £10K a month for 6 months it still cannot be an AST because annualised the rent would be £120K. The term stated in the agreement makes no difference just multiply the rent by 12 and if the result exceeds £100K then from the 1st of October it can no longer be an AST. Do not make the mistake of thinking the tenant actually has to pay £100,000 or more in a year, they do not. The same rules that applied when the limit was £25,000 now simply apply at £100,000 instead. In effect the figure for a tenancy to fall within the EXCLUDED CATEGORY and be incapable of being an AST has now been increased to £100,000

The Affect

This will mainly affect the London market (over £1924.00per week) or very high rental value properties elsewhere but it applies to all new tenancies granted from 1st October onwards and also to all tenancies granted on 6th April 2007 or later as and when they are formally renewed.

The problem

The issue here for Landlords and agents is because these previous non ASTs now become ASTs do existing deposits now need to be registered and protected for these higher value tenancies. However the provision that applied when deposit protection first came in that periodic tenancies were unaffected is thought not to apply. Unfortunately the Government Department responsible for the TDP provisions (Communities and Local Government) omitted the word “new” at a critical point when drafting these revised Regulations.

The result

In doing so they condemned all existing cases to potential uncertainty which can only be clarified by a test Court case. So the advice from CLG, ARLA and the TDP schemes is to register ALL deposits where, under the revised limit if an existing tenancy was actually a new one being granted now it would be covered by the new rules. A Prescribed Information Form must also be issued and interestingly so must any clauses that would be in any such new tenancy but were not of course in the original agreement.

12Oct 2010

Property Landlord advice: Letting Agencies or Letting Agents

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By Steve Roulstone

I have just spent two days telling people what I do at the NEC National Franchise Exhibition and have come to the conclusion as the result of what my answer was that I might be a bit of a snob!

Vive la Difference!!

You see, I discovered that I always answer the question ‘Who or what are you?’ with the answer that I am a Letting Agent. It was only when the question was put to me in a different context that I found myself explaining the reasons why I call myself a Letting Agent – so what is the difference?

Individual Agent or Company Agency?

I see myself as a Letting Agent, because I am qualified through my professional body and having passed my exams it is something that I rightly feel proud of. As a Company we have always and still do look to have all of our agents qualified (There I go again!) because exams are a confirmation of knowledge and it is something tangible that our Landlords can rely upon. But that does not mean that our offices are not Letting Agencies, because they are.

Agency AND Agent.

The difference is that not all Letting Agencies are run by Letting Agents, if you believe as I do, that to call yourself an Agent, you should carry some qualification, through the Industry you serve, that is recognised by the people who work in it, that marks you as qualified to carry out the role. Those who have read my Blog in the past will recognise a theme here, because I firmly believe that as an Industry, it is only by Industry recognition and Legal registration that we will become truly professional and that has to be the goal for all agencies.

Landlord advice.

So I will continue to call myself an Agent first and my advice to all Landlords is check the professional qualifications of any Agency they wish to employ. As a Franchisor who is aware of the competitors in my sphere of operation, I know that the systems we employ mark us out as protective of our clients interests in all that we do, but why not go that extra mile and prove our knowledge through qualification, then, especially if legally registered, all Letting Agencies will be run by Letting Agents!

08Oct 2010

Property Landlord advice: Property Scams and problems

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By Mike Edwards

There is once again an upsurge in scams within the Private Rented Sector. These come in various changing guises, some more serious than others.

Common problems:

Properties being turned into cannabis farms or to house multiple foreign workers are still on the increase, though such more common abuse of a property should soon be spotted by regular inspection visits – especially if unannounced.

Problems to be aware of:

More recent developments include people communicating with agents claiming to be the Landlord and giving a change of bank details so payments are siphoned into the wrong bank account. Any change of details should only be registered if they are in writing, the signature compared with the Landlord contract on the file and are known to have come from a confirmed source. Acknowledgement can be sent to the Landlord’s known address or by calling the landlord on a telephone number you know to be theirs. Agents without a contract on their file are short of a significant document and if they do not have a signed Landlord contract on file how can they check the landlord’s signature?   

Summer problem:

There have also been instances over the summer of people posing as agents and turning up at a joint agent’s office, requesting keys for a property supposedly on the instruction of the landlord. Or posing as contractors the Landlord has instructed to undertake work to their property. Again a vigilant and well organised agent should obtain confirmation prior to releasing the keys.

Registration of ownership scam:

Two variations on actual property ‘theft’ are also being reported. Firstly Agents are being contacted by potential tenants only interested in viewing or enquiring about empty property. This can be a sign of a potential fraud intended to transfer the ownership of the property away from the Landlord. Secondly there has been an increase in cases where the Land Registry has confirmed a property has been ‘stolen’ by tenants who identify there is no mortgage and transfer the title deeds into their name. If in response to the ‘lender’s consent’ enquiries at initial interview the landlord confirms there is no mortgage then the Landlords should be advised to ensure that their home address is the one used by the Land Registry for service of any relevant notice so they can be aware of any such attempt of transfer.

29Sep 2010

Property Landlord advice: Understanding Letting Agent fees.

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By Samantha Knight

It is important for Landlords to understand what they are paying for and to do that you need to understand the jargon!

Just some of the charges you may come across:

A renewal fee is referring to a fee which the agent will charge when the tenancy comes to and end and a new contract is entered into with the existing tenant.  For this fee you should expect the agent to take control of negotiating the terms of the renewal with both parties and drawing up the new tenancy agreement.

A Check in / Check Out fee can be charged to cover the cost of the agent /inventory clerk meeting with the tenant at the property, checking through the inventory either before, or after the tenancy (or both), signing the documentation and taking meter readings

Inventory Fee – a vitally important document to have prepared for you, especially since Deposit Protection Legislation has come into force.  Check if you own the rights to this document i.e.- will they email you a copy that you can edit at a later date should you change agents, to save paying out for a brand new document to be produced again. 

Document Fee – this may be referring to the preparing of your tenancy agreement and or inventory.  Check exactly what documents you are getting for your money.

Tenant Find Fee – a fee charged when the agent is finding the tenant but will not be handling the management of the property thereafter.  This fee really will vary drastically from agent to agent.  Check exactly what the fee includes.  Will you be getting all of your legal documentation drawn up inclusive in the fee or will the agent charge you extra for this.

Management Fee – a monthly charge to manage your property throughout your tenancy which is normally based on a percentage of the rent collected.  8%-15% is considered to be industry norm, moving up or down the scale dependant on the area of the UK

A clear fee structure should always be presented

Whatever the fee an agent intends to charge you, they should be laid out clearly for you to see and agree before you enter into business with them. Look out for all inclusive packages; these can work out cheaper than a fee structure which charges for each item individually. But always consider, a cheap price does not always mean a good price! Whatever fees you agree, it is the standard of the service that matters the most!

16Sep 2010

Property Landlord advice: The Importance of Landlord Insurance.

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By Steve Roulstone

 

Firstly, to explain the title, this is not House Insurance, as being advertised as Landlord Insurance by a well known Company at the moment on TV. Proper Landlord Insurance is about Insuring against loss of Rent and Legal expenses (R&L) should a Tenant fail to pay and need evicting.

Is Insurance for Rent and Legal Expenses important?

When you consider that annual policies that cover the period that Courts could take to evict Tenants from a property are available for less than £100 in today’s market, I think every Landlord should think so and I speak as a Landlord myself. When you consider that any Tenant could find themselves redundant, then taking out a policy for less than 2% of a year’s rent should not be a difficult decision.

Our duty of service to advice.

We must always ensure that as Letting Agents we stay inside the FSA regulations surrounding the selling of Insurance policies and unless we are qualified then our role is to advice Landlords that the policy is available and then let the Insurance Company sell the attributes of R&L Policies to our Landlords.

Should be common practise.

I have just found an advice line for Landlords statingthat Landlords should be careful how they select Tenants in case they cannot afford to pay the rent. No problem at face value, but if they employ the services of an agent, which they do not advice, by using professional referencing we can both ensure the Tenant is acceptable at the start of the Tenancy and because through this referencing R&L Insurance will automatically be available, providing of course the Property is fully managed, then Landlords can ensure against such problems during the Tenancy.

Managing the situation.

As I have reported in a recent Blog, Local Council Housing departments do NOT offer help and only act to delay the process of providing the Tenant with accommodation. So by having the correct Policy in place, Rent and Legal expenses which can be expensive on their own, will be covered.

Hidden advantages.

There is a valuable side effect that should not be ignored: By knowing you will not lose any rent, you can at least work with your Tenant and assist him with the Housing department. Such acceptance and assistance can only receive appreciation from the Tenant – after all, they will not want to be in this position either and human nature should ensure that the property is at least looked after during the process.

10Sep 2010

Rental Issues: Local Councils promote breaking the Law?

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By Steve Roulstone

I believe that Local Councils, in delaying the time frame of having to find a home for Tenants that have failed to pay their rent and face eviction, by advising that they do not leave the property until they receive an eviction notice, are encouraging people to break the law and I do not believe this is the role they should be playing. 

Landlord and Tenant Rights.

Ok, let’s look at the reasons behind the scenario. If a Tenant is either unable or simply fails to pay the rent, the Landlord is of course entitled to take action and as Agent of the Landlord  it is our responsibility to take the best action on his behalf, which must include giving notice to quit the property. We use the notices within the Housing Act 1988 and by issuing such notice we are operating within the law.

Tenant reaction.

 Now if the Tenant has nowhere to move too, they need the support of the local Council to find somewhere to live. I have always believed that the service exists for exactly these circumstances. But this is where the problem lies. More and more there reaction is too advice the Tenant to stay exactly where they are until they receive an eviction notice and this is where ‘Breaking the Law’ enters in to the equation.

The implications of such advice.

So what happens if they stay in the property, don’t forget, failing to pay the rent! We are forced to take the Tenant to court and get the very eviction notice that the Council demand. Then and only then will they assist the Tenant in being re-housed. The Courts of course will not issue the notice unless we can prove that the Tenant has broken the agreement and should indeed leave. In fact, under some circumstances, the Courts do not even have an option and must issue an eviction notice, as it is mandatory within the Housing Act.

On the Record!

So now we have the rub, Councils by this lack of action, or rather delay of fulfilling their duty, cause the Tenant to be taken to court and in most cases have a court action issued against them. I see this as breaking the law and I do not feel it is right to place Tenants in this position in the first place, when the only thing that is achieved is a delay in the Council fulfilling its obligation and everybody else,  suffering the consequences:

Landlord, because they do not receive rent for a property for which they will more than likely have a mortgage to pay.

Tenant, because in my experience, they just want the Council to give them somewhere to live, but are forced to accept the route through lack of choice.

Agent, because they are unable to provide the service they are charged with, take on extra work which they have no control over and are the only sounding board for both parties.

And finally the Council? Well they still have to find property for the Tenant at the end of the day, but perhaps they feel they have done their job, because many Tenants do find an alternative rather than by forced to court. But hold on? Is it not the role of Councils to provide accommodation in these circumstances?

I think it is clear that the Tenant is the neediest and in these circumstances and in my opinion, it is they who suffer as the Council try to cut costs!

24Aug 2010

Property Landlord advice: The art of Property Management for Landlords.

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By Steve Roulstone

Why manage yourself?

As a professional Letting agent, we are often asked to find Tenants for Landlords who are going to manage the property themselves. This is because they feel that once the initial service has been provided, which is requested because of our ability to both provide professional referencing as well as ensure that the process and agreements are correct in format and content, they will be capable of looking after the property after the Tenant has moved in.

What happens next?

What happens after we have completed our job and handed the Tenant contact details for the Landlord is the key to self Management, because if the Tenant is under a Full Management service, they will then continue to receive contact and information whilst they settle in, including more detailed information and utility confirmation and usually continued contact as the final details are completed for their tenure. At this stage the Tenant is getting to know how the Management works and getting to know the people involved. I actually firmly believe that the smaller agency is very good at this, because they offer the same contact no matter what the issue.

More contact = Happy Tenant

We know from experience that by ensuring the Tenants are settled in, knowledgeable about how the Tenancy is going to work and receiving assistance in dealing with utilities, keys, maintenance issues (which always seem to come at the start of most Tenancies) and the legal side of the Tenancy including setting up rental payments, they feel welcome and comfortable with the situation. Rather than the Agent becoming a nuisance to them, we prove that we are going to be able to make living at the property a more pleasurable time in their lives.

Less contact = Abandoned Tenant

But if they do not have anybody who is prepared to assist in sorting these issues out, the opposite happens. They will probably not let you know that the door to one of the kitchen cupboards has become loose, that post has arrived for the Landlord, that they have a new Mobile number etc etc! Instead, what happens is unless as a self Management Landlord you keep regular contact with your Tenant, they feel that you have abandoned them in the property.

The consequences.

And this is important, as many Landlords find to their cost when they either need to visit the property or even worse, at the end of the Tenancy. A Tenant who is left to feel that the Landlord is happy to take the rent, but not to ensure they are comfortable will possibly stop looking after the property and advising of any issues. I would state that it is a dangerous scenario and not wanted by any Landlord. If you are a Landlord who wants to manage the property yourself, always make sure that you keep regular contact and carry out regular visits to the property. If you do not want to do this, use your Letting Agent to manage the property on your behalf!