Tag Archives: Professional Rental

26Mar 2012

Avoiding Deposit Disputes: A Good Inventory is Key!

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By Craig Smith

When a tenancy comes to an end, there will often be some work needed to return the property to its original condition. Although it is not always needed, the most common costs from a deposit include cleaning, gardening and rent arrears.

Start the Tenancy Properly

It is not always necessary, best practice is to have a written tenancy agreement in place for any tenancy. Along with the tenancy agreement, to avoid any disputes at the end of the tenancy, should be an inventory. A written inventory should always state any fixtures and fittings but a good inventory will also state its condition.

You may think that an unfurnished property may not need an inventory, a term we hear quite often is ‘… but there’s nothing in there.’ Fair enough, there may be no furniture such as sofas, beds and tables but don’t forget that walls are still wallpapered/painted, carpets should be left clean and kitchens/bathrooms left in good condition.

Keep the Inventory up to Date

A number of changes can be made at a property, particularly during longer tenancies, so the inventory should be amended to reflect this. This is particularly important if a tenant has asked permission to redecorate or replace items in the property along with any documentation to support any permissions granted. For example, if the tenant wanted to repaint a room and the Landlord agreed subject to the property being returned to its original colour upon the tenant vacating.

A Good Move Out Report

Not only should an inventory be taken at the start of the tenancy and agreed by all parties, a good move out report should be taken in order for any comparisons to be made from start to end of tenancy. If an agreement cannot be reached regarding any costs, the dispute would either go to dispute resolution (if registered with a deposit scheme) or even go to court. This is where a good inventory and move out report will be crucial to any decision made by the adjudicating team.

Protect Yourselves

An inventory will not just protect the Landlord for any damages but also the tenant to prevent any unfair charges at the end of a tenancy. Don’t forget that the inventory should always state the condition of items at the property and should contain as much description as possible to be relied upon. 

20Mar 2012

Lettings News: Are Landlords Fully Aware of Their Responsibilities?

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By Craig Smith

There are many reasons why someone may want to let out their home. A lot of home owners at the moment are struggling to sell their property but still need to move on with their lives, perhaps a job offer in a different part of the country or moving abroad. Putting a tenant into the property can keep the mortgage paid and the house looked after whilst the Landlord is away.

Basic Health & Safety

A lot of these Landlords can come into this situation knowing nothing at all about renting a property and it is our job to keep them on the right path. The Landlord would be responsible for ensuring that the property is safe, for example ensuring that any gas appliances are tested annually and that anything that the tenants are left with a safe environment to live in. Don’t forget that Landlords can (and have been) jailed for failing to ensure that their rental property is safe!

Then there are the less well known items that can catch out unsuspecting homeowners, such as ensuring that stairways are safe. One property that we looked after for a Landlord had no banister rail along the stairway and although it did look great, something did need to be done before a tenant moved in to prevent any accidents occurring. A simple banister was fitted in order for the stairs to be deemed safer, the Landlord would much rather have a small expense at the start of the tenancy than a claim for damages from an injured tenant!

General Repairs

Repairs also need to be covered by the Landlord throughout the tenancy, not just to the building itself but also to any items that have been left for use by the tenant. Of course, if a property has been let furnished and a tenants pet has ripped the cover on a sofa then the tenant would be liable for the damage. But it is the Landlord who should cover any wear & tear such as a cooker breaking down or rotten window frames.

Who Can Carry Out the Repairs?

For general repairs such as gardening or decorating a lot of Landlords prefer to do this themselves which will help to reduce any costs but for more specialist items such as electrics, qualified contractors need to be used. Some of the most well known include using a GasSafe registered engineer for works to gas appliances and most electrical works that are carried out must now be certified under Part P building regulations. 

10Jan 2012

Property Landlord advice: Utility Warehouse still getting it wrong.

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By Steve Roulstone

Last year I had cause to write a Blog about the manner in which Utility Warehouse try to invoice Landlords when they have closed their account and the Tenant has not sorted the new supply out to their satisfaction. Not because they had not been contacted, not even because they had no contact details for the Tenant, no, purely because they were not satisfied with the manner in which the new account had been opened.

12 Months on?

No change, even though at the time, I had several long involved conversations with them about the letters I was receiving, even though the Tenant was doing everything possible to pay for their own account, Utility Warehouse continued to write to me as if the outstanding invoice was my responsibility. I can assure you the resulting phone calls were many and heated, but it took something like six weeks to straightened matters out and confirm the new Tenant was in deed, responsible for their own costs!

Time for another letter.

It was not that they had written again or even the consequences of the content of the letter that has dismayed me this time, but the fact that they had failed to close my account, even though their operatives tried to tell me they had (strange because the letter had my name and the same old account number on it!) Well, I say my name; they had managed to change the spelling and actually written to my next door neighbour therefore having the wrong address.

Unbelievable arrogance.

The letter was a request to set up a Direct Debit because mine had just been closed and whilst I have to admit that when I first called, my temper was not at its best, I did not take kindly to the UW representative trying to tell me they must be correct and that I was wrong in my assumptions, even when I asked what dates they had on the account and she confirmed it had closed in August 2010, the penny did not drop. I left her to work out that if the account had been closed in 2010 there was no longer any need for a DD to be set up!

Human error or system.

I called again! The excuse for the error, for error it obviously was, was what really gets to me about such organisations, because they tried to tell me that the letter with the old account number on it, with the change of spelling of my name and my next door neighbours address, must have been a technical error. Now is it me? Or is it blindingly difficult for a computer to randomly contact me a year after our last contact, with the name spelt wrong and at the wrong address? No, to me this must be human error and it just raises huge questions about the manner in which they operate.

Do they care?

The reaction that you receive from UW confirms without doubt that the answer is no, they really don’t, I laughed sarcastically at their representative when he said it was computer error and he indignantly asked me why I was laughing. Well the actual answer is the frustration of dealing with them, what he got was me asking if he wanted to know the full story of my dealings with them because then he might just understand! No they do not care and I would love somebody to convince me differently, because as all Letting Agents are aware, the most difficult and unorganised companies we have to deal within our day to day dealings would be confirmed by everybody as Utility Companies!!

 

14Oct 2011

Current Property News: Rental services being stretched during difficult times.

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By Steve Roulstone

At our office in Stafford, we are seeing many Landlords reviewing what they pay for our rental services, this is to be expected when everybody has to look at their expenditure very closely and where possible make savings. We have seen whole families change from a Fully Managed service to Tenant Find only and we hope that what they have witnessed over the last seven years whilst we have managed property on their behalf, will stand them in good stead, and of course should they need professional help then we will be available to assist wherever possible.

Review prices.

What we have done to assure our Landlords that they are getting good value for money is to look at what we charge for all of our services, by breaking down the different facets of what makes a Fully Managed service and price them individually.

Comprehensive cover.

 This of course makes quite a list, from Initially finding a Tenant through checking them in to the property, dealing with maintenance issues, visiting the property on a regular basis, collecting rent and paying via statement and of course chasing and pursuing arrears, as well as finally checking Tenants out of the property, which leads to where we normally started, with a review of the home and advice pre renting again.

Value for money.

Of course when you look at the charges broken down in this manner, then the overall average charge to a Landlord under Full Management no longer looks out of place, and at times we need to be aware of what saving a Landlord would make set against paying individually. Not that I believe Landlords are wrong to review what they pay, far from it, this is what  they should do as would I for regular occurring expenses, especially under the current financial restraints that everybody is feeling.

Review services.

What we should be able to do as Agents is be aware of the possible financial restraints our customers are going through and be ready to assist the process, which means we need to review every section of our service and ensure we can offer each separate part in a professional and cost effective manner. Because even though Landlords may wish to make savings, there are still bound to be parts of what we do that would make better sense and that Landlords would still prefer to be dealt with by others, just look at Property Visits, or of course Rent collection and arrears chasing. There is no doubt in my mind that just like any other organization in these difficult times, we need to be ahead of the game on our Landlord’s behalf, as the financial situation is not going to change (as my Father would say) ‘just yet a while!’

17Jun 2011

Rental Issues: Tenant Notice in periodic agreement.

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By Steve Roulstone

This is one of those subjects that always causes problems when Tenants wish to end a Tenancy but do not understand the manner in which the agreements have to be handled once an agreement has become periodic, so I would like to clarify, without giving to many ifs and buts, which is what you find whenever you research this issue, in simple terms.

Periodic agreement.

Firstly, let’s confirm what a periodic agreement is. This is when an Assured Shorthold Tenancy agreement has gone past its original fixed period and whilst the agreement still applies to both parties, it has not been superseded by another agreement and nobody has given Notice. This is a very common form of allowing Tenants to stay in the property, but without having to tie them down to another fixed period. As I have stated before, flexibility is usually the choice of the Tenant in reality and Landlords who wish to have fixed terms only, can cause Tenants to move on anyway, because they feel they no longer have the freedom to move when they wish.

Notice when they choose.

And this is why it is popular with so many Tenants, because the opportunity to move when they wish ensures they can make that move when it suits the Tenant. In reality, it is my experience, that just to have the flexibility does not mean that they will then leave. Rather being given a choice to make about committing to another period of time actually forces a decision as against moving when a Tenants agreements become periodic after the initial term, but it is when that notice is given, that problems can occur if the manner of notice is not followed correctly.

Correct Notice.

The correct way to give notice on a periodic agreement is firstly to do so in writing (some agents will accept e-mail, but always check rather than assume) and then if a problem occurs it is because of the timing of this notice. Any notice on a periodic agreement must be in line with the payment dates of the agreement. Therefore, if rent is paid from the first to the last day of the month, as the easiest example, whatever day notice is given, the Tenant will be responsible for the rent and property until the last day of the following month the notice was produced and handed over. To clarify further, no matter what date the notice is handed in, from the 1st to the last day, when the payment period is the 1st of the month to the last, the Tenant,’s notice will end on the last day of the following month, ensuring that the notice served covers a complete payment period from the 1st to the last day.

Varients.

The situation can alter if rent due date continues to be from the date the Tenancy started. In my case we always make the payment date the first, ensuring Tenants always leave on the last day of any calendar month. But if you moved in on the 10th, then your payment period is from that day until the 9th and your Tenancy will end on the 9th, and your notice will therefore always cover a full monthly payment period between the 10th and the 9th.

Knowledge.

Of course, knowledge is everything and hopefully your Agent/Landlord would have explained this at the start of the Tenancy, but because it is complicated and so many people believe that notice is just a four week period starting from the day notice is given, this so often becomes a confusing situation at the end of what has hopefully been an enjoyable stay. Again from personal experience, even when this is explained at the beginning of a Tenancy, if the Tenant has lived at the property for two to three years, then of course remembering becomes very difficult. So please bear with your Agent or Landlord when they explain this situation, they are after all, only explaining how the law works!

01Jun 2011

Current property News: 95% Mortgage starts to turn the key.

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By Steve Roulstone

We have seen several items in the press yesterday about the 95% mortgage starting to appear again and of course it has received mixed reviews. However the BBC report on Radio 2 during the lunchtime Jeremy Vine show hosted by Vanessa Feltz was nothing more than an attempt to get as many negative comments about the Banking world from the general public and lacked any real depth, however they did attract several sensible comments about how if housing sales are to start to improve again, a move to ease the deposit burden was bound to be the sensible solution.

Renting options.

The show focused on the options available to those who could not afford to purchase and it was nice to hear one commentator point out that renting is a perfectly viable and acceptable option now and certainly offers a plentiful and varied option of places to set up home (I say this as a Tenant myself) and indeed this same topic was discussed during the finance slot on BBC Breakfast show yesterday.  It is a fact that the rental market has shown consistent growth in demand over the last two years and I have commented many times through these pages that our market is very healthy at present.

Mortgage options.

Now to me these two facts point clearly to the need for better mortgages for Landlords as a way of easing the market and supplying rental property for current demand at the same time. This is another subject that I have mentioned before and I do not apologise for doing so again! It was clear however from the comments made during the show that Mortgages are an emotive issue  with one (poorly advised) person thinking any easing of Mortgage availability was just a way for banks to ‘line their pockets again’. Of course the facts are that Mortgages need to be made easier to obtain before the market starts to move again, no matter what sector of the market is considered.

Differant options.

One area that I do not agree with however is the split option of shared ownership, which has been trialled before (as the problem for first time buyers is not a new one) The problem for me is that no matter how long you own the property, when you come to leave you are still only left with half of the collateral built up in the property during your time under shared ownership. Now most people who use this scheme as a starter home, need to move on having got married, started a family and as is normal need more space. This means that moving to a bigger house can present just as many problems as finding a house in the first place, because shared ownership is only encouraged for started homes. Therefore, assumptions are being made that everybody will be able to improve their circumstances (income) during the period the initial property is shared. Experience tells me this is not the case and guess what? Most co-owners will not allow renting as a method of financing the next move!

One option stands out.

It is a little ironic that the same scheme is being championed again when in the past the rental market was seen as the solution to the eventual problem most shared owners find themselves in! With the current trends which are not only financial but also lifestyle choices for the majority of Tenants the rental market yet again shows itself as the market that can trigger an increase in house sales, if the proper Landlord tool was made available. Surely this is where the Mortgage Companies should be looking alongside any easing of deposits required; after all, buy to let properties have the additional support of that income behind them!

05Feb 2011

Current Property news: Property reports show opinion not facts!

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By Steve Roulstone

I have stated on several occasions, and will continue to do so, that the reporting of issues relating to housing are constantly being reported as negative views rather than in the true light of what is actually happening. Nobody is denying that the property market is difficult at the moment (except of course for Letting agents as we have continued to show growth year on year as owners look to our market as the solution to their inability to find a buyer) but several reports all taken from one issue of a property magazine (who will remain nameless!) all have a different reflection of what I actually see happening ‘on the ground’ at the moment.

Firstly, A lifetime of renting.

The initial report states that young people do not want to rent for life, well surprise surprise! I doubt you will get many of the same people stating in a survey that they do not want to work either for the same employer or in the same industry all of their lives, but many will! I find this a report about nothing, the point of which misses me completely. The facts are that more and more people are renting and I can clearly state from my experience and in my opinion, that more and more of them are young professionals, who are just starting out in their first job. But that is all it is, my opinion and this report is nothing more than somebody else’s opinion derived from a survey, which in my opinion is worthless!

New home sells stalling, honestly?

One of the many roles carried out by our organisation is Block Management, looking after sites which nearly always nowadays, have a Management Company to address communal areas and facilities. One of these sites is in the Midlands, near Halesowen and as a new build development I can report is selling well. I had a meeting yesterday with a colleague from Milton Keynes. Because of a similar connection to local builders, we were discussing how well new build was selling in Milton Keynes. So the report looks as though it should be re-titled ‘New homes stall in London’ because clearly that is the content of the report and the Editor should remember that there is life outside of London! But some of the blame is placed on Mortgage supply

Mortgage approvals still falling.

Two points here, if the report above is blamed on mortgage approvals falling and the subject is worthy of a report in its own right, why is the BBC reporting that Mortgage restrictions are falling and secondly did anybody notice the weather last month? Again, in my opinion, this is reporting a negative because the press think bad news sells. It probably does; apparently, we are more liable to read something that scares us rather than something that will make us smile, so headlines reflect this fact. But it seems to me the report would have been more factual to have concluded that Mortgage requirements are easing because of a fall in approvals and that the future could be easier because of this, rather than just concentrating on negative views, after all, the only true reflection of these figures can be made once we see what has happened in January as the backlog that developed has worked its way through.

Assumptions.

For anybody, press or otherwise, to quote definitive statements as news, they should be able to back it up with facts and trends that stand up and only when the news that is reported is factual in this way, will we see a true picture of the subject of the report (for housing is not alone in Having facts taken out of context) and as I state in what I write, this is my opinion (that is what Blog writing is all about) and I do not deny that housing sales are still slow, but it is also my opinion that they will stay that way longer if the only way they are reported about is in a negative fashion.

17Dec 2010

Property Landlord advice: Tenant Deposit clarity?

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By Steve Roulstone

I was reading an article this week about the Court of Appeal rulings on two recent cases and whilst I believe there is some underlying common sense in the decision in the short term, it has also been confirmed in my opinion, that long term, Landlords, who will probably have costs awarded against them in such circumstances, continue to risk the full weight of the penalties as laid out in the Tenant Deposit legislation if they do not register deposits correctly. It has of course raised a question of whether the legislation is now toothless, but it is the more practical fallout that I would like to look at.

14 Day rules

What the review has done is confirm that the 14 day registration is just that, a rule and therefore whilst it is right and proper that all Agents should register within the rules of the approved scheme that they are using, failure to do so is not covered by legislation confirming the appropriate penalties referred to within the legislation. It has also confirmed that should the Deposit not be registered within the 14 ruling then allowance will be given providing it is registered and therefore protected before any court action commences. In fact, all approved agencies cannot refuse to protect the Deposit. But I feel it is right and proper that whichever scheme an Agent or Landlord belongs to should be allowed to take appropriate action in such cases, but at present this is not the case.

Grey area

I hear that the matters ruled upon are now a subject of further appeal to a higher court. Add to this the ability for judges up and down the Country to still make rulings which do not have a common theme and we have what can only be described as a ‘grey area’ and this is the main factor that should be taken from this ruling.

Conclusion

To continue to risk penalty by failing to register a Tenants Deposit within the Tenants Deposit Scheme, apart from flying in the face of the intent of the original legislation, is a poor decision and will probably, to quote a well known saying ‘ all end in tears’ It is the role of National Companies such as ours and the Government approved agencies that carry out the role of protection, to discuss lobby and suggest ways of making this and any legislation work within the intent of the original act. At Castle Estates we will continue to carry out this role and as the agencies go about their task in getting the clarity we all need, to act against the intent will only give purpose to those who would argue against practical changes to make the legislation work to the better for all concerned.

29Nov 2010

Rental issues: Property maintenance delays caused by freezing weather.

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By Steve Roulstone

As a Landlord I have experienced that dreaded call from the Tenants on many occasions, the one about the leak when the weather is -5 and giving no sign of letting up. Now as a Tenant and a Landlord, I am currently experiencing both. I must admit that I have had a good look around the property I now rent to see if any weak spots exist, but even in temperatures as low as we have experienced this weekend all seems well!

When problems occur

But when problems do occur especially at this time of year, it can be a nightmare for those concerned. I know that plumbers, who of course work all hours when we have cold spells of this nature, have to turn work away and often work a fortnight in advance. What all concerned have to do here is realise that (as agents) we do not have the right to demand contractors arrive at the property we manage before and in advance of their other customers. The problems occur when Tenants feel they should not have to wait because they are renting the property. Well now I may be in the same boat, but I know that I will understand if we are faced with any delays.

Delays in Agent services

It is not just plumbing where problems can occur, all types of property maintenance services can be delayed and on one occasion this month I am aware of a Tenant who felt sufficiently aggrieved to raise a complaint against the agent concerned. The security of the property had been placed at risk because of the actions of others and whilst there are many occasions where special arrangements can be made for all manner of maintenance issues, on this occasion none were. The point being that in the vast majority of cases special arrangements are not made and neither should they be. When you own a property you do not have all manner of immediate response contracts with every service conceivable, but unfortunately because Tenants pay rent sometimes we are expected to provide such cover.

Services not serviced

As agent of the Landlord we are charged with looking after our Landlords interests and this of course includes the property, we will therefore note all special arrangements in existence and provide services when needed, for whatever may befall the property in our charge. But that does not mean for example that we are going to stand guard over a broken front door for a weekend whilst the Tenant goes shopping! Of course the vast majority understand our responsibility and take sensible steps to cope until we can do our job.

Patience is still a virtue

What we all need to do is give some patience and assistance by way of availability and flexibility of when property can be accessed (I know of one Plumber who will work until midnight under circumstance that currently exist) that way more will be done sooner and let’s not forget, human nature makes us all try harder for those who treat us nicely! I know that’s how we treat our Contractors and that’s how we manage to get that little bit extra that so often makes the difference!

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!!