Tag Archives: Landlord Advice

By Steve Roulstone

An Agent who went bankrupt with liabilities of over £400,000 has been found guilty by an NAEA hearing and fined £2500.00. At the same time it has been confirmed following an investigation by The Insolvency Services that he has been banned from being a Company Director for fight years.

Figures confirmed.

The report confirms a figure close to £40000 as being the amount they say Landlords and Tenants lost as a result of his failure to comply with the 2004 legislation regarding Tenants deposits in the correct manner. What appears to be missing from the research I have carried out is any conviction, as it was the Landlords who were then made liable for the subsequent fines of up to three times the deposit that followed from the failure of GDH to register them correctly.

Total?

It is obvious therefore that the total cost to Landlords and Tenants will never be known, but a conservative estimate of around £75000 would seem to be reasonable; depending upon how many Landlords were levied with the appropriate fine (Three times the original deposit)

Fair?

Now is it me? As an Agent who has constantly banged the drum for registration of Letting Agents for the last ten years, being banned from being a Director and slapped with a £2500 fine, does not seem to be fair when all of the individual cases (and there will be many to make up this kind of figure) are taken in to account? In my opinion, what would seem fairer as far as the Industry is concerned would be that he was never allowed to work as a Letting Agent ever again. This kind of punishment can only come as the result of an Industry protected under legislation and proves to me once again that the Government should be able to see that intervention is needed.

Total ban.

I say total bane, because we all know how simple it is to start again with a relative as a Director and it is only a total ban (as in lost the right to be associated) that would be fair in my opinion to all those who lost money.  It is only through Government legislation that such a rule could be enforced. Only then, would Landlords and Tenants know that they and their money was protected.

Systems exist.

And let’s not forget, that such systems to protect our customers already exist! To register with most professional bodies means monies need to be accounted for within the auditing requirements of remaining a member.  It would also be a simple step to have all deposits registered with people other than Agents own Clients account, such as DPS even though this is something I have spoken out against in the past (How would a Solicitor react to being told he could not keep clients funds?) it would be a small sacrifice as opposed to having workable legislation! And then Safe Agent, the latest initiative from professional bodies within the Industry, which already provides all the protection needed for any Landlord or Tenant!

Not far now.

I believe that it is inevitable that the Government will legislate and cases such as this show the need, all we now require is for the systems professional Agents have put in place and promoted, to be endorsed by a Government and hopefully a more suitable and long standing deterrent will be available!

By Craig Smith

If you have had a property empty for whatever reason, you may know that a property can be exempt from council tax charges for up to 6 months, provided that it is unoccupied and unfurnished. This is known as a Class C exemption.

Under the Localism Act (which has also changed the way in which tenancy deposits are dealt with recently) the Government is planning to allow local authorities to charge almost whatever they like whilst the property is empty. In theory, the council could still allow an empty property to be exempt from the charges but, on the other hand, they could charge the full amount of council during that period.

Bad News for Landlords

Lets just put one thing into perspective here. Yes, sure, the local authorities could earn a little extra cash with the budgets being tighter than ever, but have they thought how this would actually affect homeowners?

It is not always possible for tenants to move out and in on the same day and it is not usually advisable especially if any work was needed between tenancies. A Landlord could find themselves not only out of pocket but in a financial mess if their property was empty for a month or two. Not only would they have no rent coming in to cover the mortgage, insurance etc but they would also have the expense of paying the council tax for a property they don’t even use!

The Knock-On Effect

If your not a Landlord yourself then you might think I’m being biased here but what about the knock-on effect on regular homeowners? For example, an elderly person moving into a care home might leave their home empty whilst they sell it, another expense to prevent them moving forward with their lives. Or how about someone relocating for work and needs to move away quickly?

And this is a Government that is trying to get the housing market back on an even keel?

Looking at this from the other side, most rental properties would hope to be empty for only a few days between tenancies which would mean that only a small amount of council tax would be due. Now, it is isn’t always easy to contact Landlords, particularly if the Council haven’t got the Landlords home address to address any billing. This would create a whole load of extra work for the Councils to chase outstanding amounts so all that money that could earn from empty properties could all be lost in chasing the debt!

Is This Really a Possibility or Just Scaremongering?

A consultation has already been held and 169 councils voted in favour of the extra charges and only 25 against so it is clearly obvious what the majority want. Unsurprisingly, the majority of Landlords are against the idea and quite rightly too!

I’m sure that this is by no means the last we will hear of this as we trundle towards the inevitability of the ever increasing costs of being a Landlord!

By Steve Roulstone

Over the last three years the market has been very strong and during the spring there were signs that it was slowing down amongst fears about the Economy and a double dip recession. I commented at the time that the weather was having a huge effect as people stayed put and the last six weeks I believe has confirmed this as the pent up delay has been released, at least as our office is concerned.

Record Numbers.

At most times of the year we are aware of the number of properties being let and actually proceeding at any time, but it has been hard work keeping up with the speed of events that the seeming release of pressure has caused. It would also seem that schools and catchment areas have had a lot to do with the decisions Tenants have been making as they prepare for the next academic year, which has subsequently led to an increase of 33% in the number of houses we would normally expect to let.

Unusual.

This Performance whilst excellent does not yet signify a long term trend even though we are hoping that it does and there is no sign of things slowing just yet, but supply of properties then becomes the next problem as we seek to replace stocks. There is of course a natural trend to this as existing Tenants give notice and the market is thankfully still very active in both areas.

National Trends.

The national housing figures for last year have now been released and these figures will be the subject of one of my blogs next week when I have had the opportunity to digest and understand them, but those that have already commented Nationally are confirming the continued rise as Private Lettings in the UK overtake the Public (Council) Housing stock and approaches 20% of the overall housing market throughout the UK.

Landlord advice.

There has also been a marked increase in the number of Landlords we have discussed the market with as we continue to advice on a whole gambit of property scenarios from flats through family homes up to houses of Multiple Occupation. All of which points to the continued growth in confidence in both the aforementioned economy and the rental market.

Continued learning.

All of this means that we have to keep up to date with the changes in legislation and ensure we refresh ourselves on this intricate market of ours. We do this by openly sharing all manner of daily situations to share knowledge and double check what we advice, bearing in mind our legal responsibility lies first and foremost with our service to our Landlords at all times, whilst ensuring we give the correct duty of care to our Tenants.

Change of tack.

 I do not normally change tack halfway through a topic, but I must take time to mention the open meeting held with the staff of our local paper the Staffordshire Newsletter this week, who went to great lengths to get as many Agents together that could attend to a business development meeting. Firstly it is good to know that the long standing major paper for Stafford is taking their part in the property market so seriously as to not only arrange the get together, but also to provide so many staff so we were able to understand  all aspects of what they provide, but also because of the innovations they are bringing to the advertising market. It just goes to prove that ours is not the only market where people need to be looking ahead at all times!

By Steve Roulstone

As a professional Letting Agent I have always believed that Landlords should use professional Agents to look after their property, these excerpts are from a similar view for Estate Agents and I am repeating them in full to show just how they compare. There are of course many more reasons once a property has been rented for using professionals in their trade, but the reasoning used here in developing a sale cross over very well and I believe make the case better than being adopted specifically for rentals.

Security: Would you normally let a complete stranger wander round your house? A good estate agent will always ensure the correct identity of a prospective buyer prior to viewing.

Credentials: An agent will also establish the ability of the buyer to proceed, following up any chain if necessary. Too many buyers say they are “cash”, only for the seller to discover down the line that the buyer has a property to sell and a mortgage to arrange. Agents are familiar with the many red herrings used by unscrupulous or naive buyers and can quickly sort the panel beaters from the embroiderers.

Viewings: One of the most misunderstood aspects of the sales process is the way in which viewings are conducted. Of course you want to sell your house, but there is a lot of psychology involved here. Anything you say, as a seller, is clearly biased and not based on helping the buyer to understand how your property could fit their needs, because you don’t know the buyer nor do you have any knowledge of their preferences. If anything you could put your foot in it. Many sellers try too hard to sell on a first viewing and distract the buyer with irrelevancies like how the boiler works. A first viewing is simply about the buyer thinking “could I be happy here?” A good agent will explore the property with the buyer’s needs in mind.

Valuation: Vendors are notoriously optimistic when it comes to valuing their property (as are certain agents of course, but that’s another story). The price you paid for your home, the amount you spent on it, the amount you need for your next purchase and the amount you need to cover your commitments are sadly all completely unrelated to the value of your property. In fact, whatever some agents and even surveyors might tell you, even the apparent “evidence” of what has sold nearby can be misleading. Buyers buy by comparison, so your property has to look good in relation to what is currently available for sale. It might appear to be an easy exercise to assess these competing homes, but only an agent knows why these properties have failed to sell. If you simply follow the apparent market then you are likely to end up on the same heap. The most damaging thing would be to allow your property to go stale on the market as it is likely not only to take some time to sell, but will probably end up selling for less than it could have achieved had it been correctly priced from the outset.

In view of the above it is little wonder that there is very little appetite for private sales in the UK especially in view of the relatively small amount of commission British estate agents earn in relation to their counterparts virtually everywhere else on Earth. Whilst there will always be tales of someone who did a great job privately these are certainly the exception to the rule.

My question having read and compared the clauses with our Industry is why the appetite for private rentals IS still so strong? Most problems arise once a Tenancy has started and it is mainly by getting one of the aspects listed wrong in the first place! The problem being that it usually remains undiscovered until later in the Tenancy, when problems arise. Then is the time that Landlords have to deal with the issue professionally and within current legislation and unless they are qualified and I obviously accept that many Landlords are either by design or experience, this is the time that mistakes can be made, but I would venture that there are far more properties under the Management of amateur Landlords than bad Agents! Furthermore, when the Agents are either with a professional body or members of schemes such as TPO then the standard of service must rise dramatically.

P.S The picture with this post is meant to raise a smile, I trust you were able to do just that!

By Craig Smith

With almost 60 million people living in the UK it is quite fair to assume that not everybody is going to get along and that each person will live their life to their own standards. (Wouldn’t it be a perfect world if this could happen?!) When two different types of people have to live in the same area, this is where problems can arise.

Complaints Concerning Rental Property

The majority of complaints made include noise issues or pets causing a nuisance. A lot of residents don’t realise that it is very difficult for a Landlord or agent to get involved in disputes between neighbours. Yes, there may be a clause in a tenancy agreement which might state that the tenant should not carry out any activities at the property which may cause a disturbance but the Landlord could find it difficult to rely on this to ask a tenant to leave without sufficient evidence.

A lot of disputes can be resolved between the two parties without the need for involving any authorities, a little common sense needs to be used if approaching a difficult neighbour. If a dispute cant be resolved there are other channels that can be explored, including contacting your local council who may be able to give further advice.

Threatening Behaviour

A recent case that has involved our office is where a neighbour has reportedly been abusive and threatening towards a tenant. In instances such as these the local police should be informed so that any abusive behaviour can be logged. Again, a Landlord or agent may still not be able to evict a tenant because of the issue although a sensible Landlord would act quickly in order to keep the property let and in a good standard.

The recent case mentioned above has been ongoing and not just an isolated incident. The Landlords have been doing as much as they possibly can in order to keep a good tenant in place and to resolve the issue but when the Landlord of the problem property is hard to contact, or if they were reluctant to assist with the matter, the tenant could find themselves feeling isolated in the property. The tenant may still be in a fixed term tenancy agreement which would add yet another problem to the dilemma.

The Solution?

Of course, a sympathetic Landlord could let the tenant leave early but this then leaves the Landlord with an empty property which could then be difficult to let knowing the problems with the neighbour! The ideal solution would be for the nuisance neighbour to leave but as this is not something that us or our Landlord can control, we are left with a very awkward situation!

By Mike Edwards

What is TPO?

 The Property Ombudsman scheme has been offering a free, independent and impartial dispute resolution service to consumers who are dissatisfied with the service provided by registered firms for more than 20 years. If a dispute is resolved in the consumer’s favour, the Ombudsman can provide redress to place the consumer back in the position they occupied before the complaint arose. Resolutions are designed to achieve a full and final settlement of the dispute and all claims made by either party. Where appropriate, the Ombudsman can make compensatory awards in individual cases up to a maximum of £25,000 for actual and quantifiable loss and / or for aggravation, distress and inconvenience caused by the actions of a registered firm.

 Independence

 Whilst TPO charges registered firms an annual subscription, the Ombudsman reports to the TPO Council, the majority of which is made up of non-industry members. It is the Council who appoints the Ombudsman and sets his Terms of Reference (i.e. how the complaint process operates). The Ombudsman is required to report to the Council on a regular basis.

 The Ombudsman is not a regulator and does not have the authority to take regulatory or legal action against a registered firm. However, registered firms can be referred to the TPO Disciplinary and Standards Committee, appointed by the Council, which has the power to expel firms from the scheme and / or report them to the Office of Fair Trading, which has the power to ban firms from carrying out estate agency business.

 TPO is a member of the British and Irish Ombudsman Association (BIOA).

 Membership

 At June 1, 2012, more than 21,770 offices were registered with TPO. This figure includes 11,749 sales offices and 9,301 lettings offices. TPO estimates that these figures represented 93% of sales agents and 64% of lettings agents operating within the UK.

 Further information

The Ombudsman’s Terms of Reference, the Codes of Practice, Consumer Guides and other documents about the operation of the scheme are available at www.tpos.co.uk, together with previous annual and interim reports, further explanation of governance arrangements and a full list of registered firms.

 

By Mike Edwards

Client Money Protection explained and TPO client survey.

Letting Agents can go bust (I know!) But when they do, it can be amid claims of owing landlords and tenants thousands of pounds, so here’s a quick guide to what Landlords and Tenants should look for to safeguard their money.

Letting agents are not regulated, which means anyone can open and trade as a letting agent without any qualifications or licence. Like any other business, if a letting agent stops trading, landlords and tenants become creditors and risk losing any rents or deposits held by the agent.

To stop this, several industry groups run ‘client money protection’ schemes – sometimes called ‘CMP’. Belonging to a client money protection scheme does not mean a landlord will receive compensation if something goes wrong – the schemes have terms and conditions, like time limits for claims and caps on pay outs, so check the finer points do not exclude your rental business.

The main CMP schemes are:

National Approved Letting Scheme (NALS)

NALS will pay up to £25,000 for any one claim, with a cap for landlords of three months’ rent. The total top pay out for a single claim is £300,000, while the scheme will only pay £3 million in any one year.

Association of Residential Letting Agents (ARLA)

ARLA will compensate a landlord up to a limit of £25,000. Landlord claims are limited to three months’ rent. The total payable for a member company is £500,000. In any one year, the scheme has a limit of £3 million.

Royal Institution of Chartered Surveyors (RICS)

RICS will pay a maximum of £50 000 per letting agents, subject to an overall limit for the scheme of £5.3 million for any one year.

SafeAgent

SafeAgent is not a CMP scheme, but an umbrella group for letting agents who are members of a CMP scheme. The aim is to promote money protection by displaying a single, recognisable logo that shows any money with a letting agent is safeguarded. Letting agents belonging to client money protection schemes should display a logo of one or more of the schemes listed above on their web sites and letterheads.

Even if you see the logo, still check the CMP scheme web site to make sure membership is valid. Some unscrupulous letting Agents say they are members and use the logo when client money is not protected. Don’t forget that just because the agent was part of a CMP scheme one year does not mean membership is still in force years later – check every year.

TPO canvasses members over CMP

The Property Ombudsman Scheme (TPO) is also aware of the importance of CMP as it is now canvassing member firms over the provision of insurance.

“Whilst membership of TPO requires all residential sales and letting agents to abide by the TPO Codes of Practice, have Professional Indemnity Insurance, and agents holding clients’ money to deposit this money in a separate clients account, it does not currently require residential letting agents to hold CMP,” explains Bill McClintock, chairman of the TPO operating company who is circulating a consultation document to members. “Given that the Code of Practice is generally accepted as the primary standards document in the industry, the omission of such an important aspect needs to be addressed. “This is something the board and the Ombudsman, Christopher Hamer, have been considering for some time and recent incidences of both landlords and tenants suffering financial loss means action on CMP is now imperative. Private residential lettings reportedly make up 17 per cent of the UK housing stock.”

The consultation paper sets out various options and points out that member’s of ARLA, NALS, and RICS are required to have CMP. Some letting and management companies acting as subcontractors also provide CMP on all landlord and tenant funds.

McClintock is asking TPO members which of these options, or an alternative fallback position that all TPO member firms without CMP must disclose in writing and actively flag its absence at the point of instruction or sale of services, they would prefer to see enforced through the TPO Lettings Code of Practice.

 “TPO and its Codes of Practice are part of a consumer protection regime with the firm objective of raising standards in the industry,” adds McClintock. “Whilst TPO cannot force agents to sign up to the Code, firms should see the Codes as enhancing the reputation of the industry and for those that are already members of TPO the addition of a clause requiring CMP will enable them to demonstrate to landlords and tenants that their money is protected.

“TPO is a not-for-profit company and will not itself offer CMP to member firms as a new revenue stream. It is not appropriate for TPO to offer such services but I believe it is appropriate for member firms to have such cover. However, members now have the opportunity to express what they think should be the minimum required standard.”

By Steve Roulstone

I have had cause of late to look at the tax allowance for Landlords in relation to insulating properties (Landlords Energy Saving Allowance) and with the intention of providing a good service for the Landlords we manage property for, I have been looking at how to get the message across in letters to not only the Landlords, but also the current Tenants who will of course benefit from lower bills, indeed most of the interest has come from Tenants who are able to claim grants against insulation costs in some cases at virtually no cost at all, in seeking permission to have insulation installed in loft or walls.

Little interest.

The problem seems to be that very few people are actually interested despite all of the talk around the Green Deal which is due to be introduced by 2018 and was again in the news last week, although the Government release gave very little content or actual information to assist you in understanding what this bill will mean to Landlords.  The problem though seems to be lack of knowledge of what is currently available and this is probably because it is still too little for Landlords to consider.

The Industry.

I have looked for information from one of the leading insulation suppliers to help get the message across but it would seem that not only do they have no literature to explain the current assistance Landlords can claim but have very little knowledge as employees either. This is a bit surprising considering the tax allowance of £1500 has been available for many years but what seems to be more surprising is that it is due to be phased out by 2015.

Landlords.

There is certainly very little knowledge amongst our Landlords and that is one reason why I wanted to go through this procedure, because as Agents we should always advise our Landlords, but apart from a release by the Residential Landlords Association which is very current, I have seen little other promotion or discussion.

Tenants.

You would think given the current legislation surrounding EP Certificates that Tenants would be on the ball! But since the introduction of EPC’s, we have carried out on well over 3000 viewings (as a conservative estimate) and yet we are still never asked for the EPC more than once a month. Roughly 1%. However, when Tenants are able to benefit from installing insulation at very little cost, then that is where interest does grow and why shouldn’t it?

Conclusion.

What this does seem to show is that whatever the end result of the Green Deal, what is on offer, is going to have to be easy to understand and attractive to all concerned if it is to be a success. Otherwise it will be ignored and clearly if this is enforceable then we will once again have further legislation that will produce a black hole for Councils looking to enforce matters such as Houses of Multiple Occupation legislation and indeed the current EPC legislation which only come to light when those who ignore it are caught. This is purely because Councils do not have the man power to seek out Landlords who fail to comply and the danger is that this legislation will fall under the same heading!

By Steve Roulstone

In part two of this Blog having explained the possible Management structures your property could be controlled through, I now move on to the reasons why the situation can cause confusion.

Different rules for different schools.

This is at the hub of this Blog because of my experience with so many sites from Management Company controlled to sites where the Freeholder still appoints the Managing Agent and the site is therefore not run by a Management Company Limited. So until you know the way in which the site you are considering is run you will not be able to understand for yourself. Not that any decision should be made to buy or not, rather by being aware, you will better understand how your property and your responsibilities fit in with the site. 

Residents Committees.

What bought this matter to mind at present and the reason I stated I would return to Freeholder managed with site participation, is because we have become involved with a site where the Freeholder allowed communication with the Residents through a Residents committee. The problem that occurred on this site was a lack of trust between one half of the residents of the site and the other half containing the committee. In this case the Freeholder has stepped in and instructed us how to manage the site which will allow us to look after our Clients interest as Managing Agents. This kind of scenario is unusual and would never be explained by the questions asked by your Legal Representative.

Legal position.

More importantly to me is the total lack of explanation of the legal position surrounding the obligations the Leaseholder now holds. Of course those that ask do not understand. Conversely, those who do not ask probably do understand. So we only hear from those who do not, but that is still too many. The Lease that they have entered in to explains fully their financial obligation and rights surrounding the charges they must now pay. As these include buildings insurance, grounds and internal area maintenance, as well as any funds being held in reserve for costly requirements that may be required at a later date, explains why these obligations should be explained in full prior to completing any purchase.

Speak to those who know.

What never happens is the purchaser phoning and speaking to the existing Managing Agent to enquire about the site and how it is run and to have the financial idiosyncrasies of the particular site explained yet the legal representative of the purchaser does ask a series of set questions surrounding this very subject, including current and past accounts. For me it is a simple step from this position to that of speaking with us and of course what could be better than an introduction and explanation of the manner in which the site is currently run.

Conclusion.

What I believe all of this misunderstanding dictates is that as a potential buyer of a leasehold property, it is right and correct that you not only rely upon the information gathered by your legal representative, but also ask to speak to the Managing Agent, because whichever side we work for and to be able to do both is not straight forward, we can at least ensure you understand how the site is run and that you fully understand what you pay and more importantly why. We will also be able to point you in the direction of the lease, which is designed to be the rule book for the way in which all parties must operate, but that is probably for another Blog!

By Steve Roulstone

It is strange how issues worthy of writing about as far as Block Management are concerned have been somewhat thin on the ground and then within the space of two weeks several matters arise which  are worthy of note. This time it is the question of Fire and Health and Safety information in a block of leasehold flats.

The Story.

What happened here is we received a letter from the Fire Brigade, telling us of a call out they had received from a resident at a block that we manage because an alarm was set off over the bank holiday weekend. The problem here was that the letter was accompanied by an invoice for a wrongful call out, effectively billing the site for wasting the Fire Brigade’s time. A fine in effect, which they priced at (and no doubt the courts would uphold) £500.00.

The Impact.

We phoned the Landlord, who self manages the flat (looking after the Tenant themselves) and informed them that their Tenant had failed to read the notice displayed on the ground floor, or that the Landlord when moving somebody in had failed to point out the correct procedure, which clearly stated that when the alarm sounded, the first person to contact was our service providers Chubb Fire. This was the mechanism put in place to ensure the Fire Brigade were not called out as a false alarm.

The Responsibility.

As I have confirmed here, it is not our role to advise sub-let Tenants how the site runs. Their contract is with the Landlord and his agent and that is clearly where the legal duty lies. But this was not the reason given as why the Tenant did not deal with the incident in the manner instructed. Rather because they were Polish they were unable to understand or read clearly the instructions. I will leave aside the course of action any Landlord should take in ensuring their Tenant is well advised although the answer does lie partly in that fact.

The Information.

Several years ago during our first Health and safety check of the site, I had held a heated debate with the Company charged with carrying this inspection out, about the need to have notices in several differing languages, to ensure we were seen to do our best to ensure everybody on the site understood the necessary safety  instruction. My point was that the walls of the corridors were only so big and it would be impossible to supply sufficient translations to cover all possible nationalities and there subsequent language needs.

The Solution.

There is a serious point here, which is that it is impossible to supply a copy for all possible language requirements. Therefore our solution was to offer free translation, which it is not that difficult to do, for all requested languages. This way, whilst the legal responsibility does not lie with us, as stated, the relationship is between the sub Tenant and the Leaseholder, we could be seen to do our best for our Leaseholders and to reinforce what was happening, we wrote confirming this as part of a change to what have been called site rules, which we advised all owners are to be handed over to all subsequent owners. We also confirm this when we are able through requests for information for new owners as purchase questions are raised by the legal profession.

The Outcome.

All of this though definitely confirmed that the current Landlord is wrong in their assumption that the cost was not the responsibility of the Polish Tenant who called the Fire Brigade in the first place because he could not read the instructions correctly, therefore they will remain liable for this cost. The fact that we were accused of failing to supply a translation sits squarely with the Landlord as we had not been asked to supply one. What remains a fact is that It is impossible for us to cover every eventuality, and Landlords should realise that they are the party, as the second signatory to the agreement along with the Tenant, that carries the responsibility for ensuring the Tenant is correctly informed.