Tag Archives: Property Advice

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.

03Feb 2011

Property Landlord advice: Rent Increase time of the year.

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By Steve Roulstone

If being involved in the rental market for over ten years has taught me anything when it comes to increasing rent for a sitting Tenant, then it is that thoughts turn to the subject in the spring, more than at any other time of the year. So much so that it is the time of the year, that as an agency we review all of our rents on behalf of our Landlords so that we can actually advise our Landlords with knowledge of having done the work before we get asked.

Important procedure.

But it is not just a matter of advising the Tenant and awaiting the increased rent to arrive. Far from it! There are several considerations, not least of which, that rent can only be increased once in any one year and perhaps more importantly, rent should be increased by issuing the correct notice, in line with the requirements of the Housing Act 1988.

Once per year.

This sensible rule ensures that Tenants, who are outside of any fixed period as stated in their Tenancy Agreement, know exactly how long they have between rent increases. An increase raised through agreements or renewals, can be the best way to achieve an increase, as the Tenant knows again that the period is fixed and therefore so is the rent for the same period. This also means that after any fixed period and for example after the traditional initial six month period rent can be increased, but only once per year. Now I have had many conversations with Landlords about the impact of increasing rents within the first year of a Tenancy and any such request has be to handled with care to avoid the Tenant immediately giving notice to leave.  

Correct Section notice

Again, by using the prescribed documentation, you can ensure that the procedure is dealt with in accordance with the Housing Act that introduced the legislation, allowing increases to be served whilst Tenants are outside of any fixed period agreement. (Periodic) This ensures that there can be no argument about the legality of the new rent. Also, I cannot write about rent increases without stating that any increase should consider the Tenant, the property and what it would rent for if empty at that time and the market and current financial situation. Then and only then can the increase be justified if the Tenant does question the increase, and yes, it is right and proper that it can be.

Investment requirement.

It is part of the market in the same way that investments can go up or down, that Rent Increases are part of owning a rental property. There have been occasions, most noticeably when property could not sell, that rents have gone in the opposite direction, as Tenants, realising that there were many properties available at the time, made offers to Landlords who needed a Tenant in their property rather than waiting another month for the full asking price. After all, in the lettings market you cannot recover rent for the period property sits empty, but that is not the case now and it has been well documented that rents will increase this year. For Letting Agencies, now is the traditional time to carry out the preparation and be ready to carry out the role on behalf of our Landlords, most importantly, correctly and professionally!

26Jan 2011

Current Property News: HMO Licensing could cost £millions.

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By Steve Roulstone

I am not one to look at matters with a doom and gloom outlook, but I do believe in being factual about the outcome of actions when there is a danger that there could be far reaching implications of a change to legislation, or changes carried out by any legislative body, as is the case with the decision by Oxford City Council in reference to ALL of the Houses of Multiple Occupation within the City.

 The decision.

What they have done, is to decide that every property that falls under the description of an HMO will, on a timetable spread across the next two years, need to be licensed by the owner with the Council, in order to improve the standard of the property and in order to receive approval from the Council to continue to operate as an HMO.

What is an HMO?

The HMO’s which fall under Mandatory Licensing are those under the three storey and five people rule, but any property where more than two unrelated people abide as their main residence, is an HMO as designated by the 2004 Housing Act. Not as so often been mistaken in the past, mandatory licensed property only. Indeed, the legislation confirms that all HMO’s are subject to exactly the same safety regulation inspection as the licensed properties. And this is the potential problem for every Landlord who operates Houses of Multiple Occupation.

The implications                   

This applies on two fronts, firstly the charges for licensing every property, as every license has to be paid for by the Landlord, are set by each local Council respectively, so charges can both vary and are entirely at the whim of the Council’s concerned. Reports for Oxford state that this number could be as many as 4000 properties in the City. Should they decide to charge the average cost as confirmed by a Communities and Local Government survey (Executive Summary) £387 per application (The range goes as high as £1500 per application) then Oxford City Council at a time of great austerity, would raise a total of £1.5 Million. Even allowing for the stated intent of the act that charges should reflect the cost, this kind of income has to be looked at seriously. (Although what should happen with a major increase in licenses to be issued is a reduction of the average cost) It does not take a huge leap of faith to see how much this could interest any Local Council at present as Local Councillors struggle to cope with achieving budget targets imposed by Government. (At a time when suggestions such as heating swimming pools with heat generated by crematoriums are being put forward and seriously looked at, all such methods of income are bound to be considered) Secondly, the result of any inspection by the local Council, may not result in lifts and fire escapes all round, but my experience is that minor recommendations, such as fire doors and walls when deemed necessary, could result in costs up to £1000 per property with ease.  

Who pays?

Well this is where the effects of any such move are always badly judged in my opinion, because whilst the bill will of course become the Landlords, the costs are almost bound to be passed on to the Tenants. Especially where there is knowledge that every rental property is being treated in the same way! So improved accommodation is the stated desire, increased rents is the effect, but unusually for me, I would finish by repeating the warning, Landlords beware, Licensing may be just around the corner for your HMO, even if it is a Bungalow or any other form of ground floor accommodation!

24Jan 2011

Property Landlord advice: Frozen pipes, whose responsibility?

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By Mike Edwards

Property Landlord advice: Frozen pipes, whose responsibility?

Doubtless we will suffer another bout of cold weather before this winter is finished, and indeed even as I write this the temperatures are dropping fast at night and hard frosts are a regular feature again.

So problems with frozen pipes and lack of water supply have in some areas created unprecedented calls for help (witness Northern Ireland’s woes in December) all of this has raised several important questions for Landlords.

Who arranges and pays for the Contractor?

Maintaining the supply of Water is the Landlord’s responsibility under section 11 of the Landlord and Tenant Act 1985, so he should shoulder it all, including arranging contractors. The only possible exception might be tenant negligence but there is a court case where it was held that a tenant is not required to insulate pipes, just live in the property reasonably. If there is a power cut or as was the case during December the conditions are simply exceptional, this will not be the tenant’s problem.

What happens if the tenant says “We have no running water at all” (as opposed to no heating) and tries to go for temporary absence at the Landlord’s expense or possibly early release from the agreement with no penalty. There are no easy answers and it all depends very much on circumstances.

Pipes outside which are badly designed or poorly insulated (including roofs) have to be considered by the landlord. Be careful also with self condensing boilers where the small bore evaporation pipe is external to the property there have been a lot of problems with these freezing this winter. Yes they can be defrosted with a hair dryer in about five minutes but is it reasonable to expect the tenant to go out into a blizzard armed only with a hair dryer more than once in a winter?

Council viewpoint

But what happens if the Landlord has in effect done all they can and are as much a victim of extreme conditions as the tenant – except they are not living in the property of course!! Well courtesy of the current fitness standards as dictated by HHSRS a property with no water supply for whatever reason would be condemned as not fit for human habitation by almost any Council or Court.

If the tenant considers it necessary, they could speak to the local council who will then make a decision and if they consider them homeless, have the obligation to re-house them. Let the Council decide for you – but again beware as If faced with such an obligation and related costs the Council would almost certainly send in the Environmental Health inspectors to conduct an HHSRS examination of the entire property.

Who can claim and for what?

So the system is frozen and a leak expected, if a contractor is called in can any costs be claimed? Well not by the tenant as it would be under the buildings cover but not by the Landlord either as the only insurable peril is any subsequent leak and damage.

If there is subsequent damage, the word reasonable will keep cropping up. Did the landlord act reasonably and did the tenant act reasonably? If the answer to both is “yes” then in response to the original question it will be a landlord problem to solve

The other issue to be wary of especially with tenants trying to thaw out frozen pipes in an inappropriate manner is when pipes are known to be frozen making sure that the damage is strictly minimized. Otherwise in any subsequent damage claim the insurance may be able to wriggle if they say you did not take enough care to control damage during the defrosting of the pipes especially if a professional plumber was not involved.

To minimize the problem

The best advise has got to be take advise, especially from professionals who know the law and what would happen in these circumstances, bur remember, quick action and cooperation should always be looked for before freezing problems get out of hand!

18Jan 2011

Current Property news: Mortgage demand providing a good platform.

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By Steve Roulstone

Even as early as the second week in the New Year, agencies are reporting a big increase in Mortgage demand and the majority seems to be in the rental sector as Landlords continue to react to the need for an increased number of rental properties. Indeed, as a Country that normally follows what happens in the USA by way of financial trends, it could be argued that we are right on the heels of trends in America as they start to ease the availability of mortgages across the pond.

 Follow that lead!

I have stated before and would repeat with this very current news of increasing demand, that we are building up a head of steam which would when the market releases a product that would be acceptable to Landlords, result in an increase in sales for the coming year, which I believe will at the very least aid the recovery (if not start the recovery) of the housing market in the UK. There is no doubt that the Mortgage houses are looking at what demand would bring as they continue to sample the market place with short term offers, and this is producing strong demand, confirming my beliefs that the demand is high amongst Landlords, who are only delaying because they do not wish to be tied in too the wrong style of mortgage for their investment portfolio.

Strong Rental demand

There is no doubt that the demand is continuing to grow and this at what is normally a quiet time, even allowing for the spike of demand caused by the extended Bank Holiday blues! As Agents, at Castle Estates we are gearing ourselves to be ready for a year of high demand by ensuring we have the right technology to supply our Tenants demand for information and ensuring we remain competitive in an industry where Tenant charges can sometimes be difficult to justify. We have always maintained that the relationship with our Tenants is the key to the art of good Management and we wish to ensure we supply the service demanded by an ever increasing technically knowledgeable customer.

Producing higher rents.

For the result of the current shortage of rental property will result in higher rents for the Landlords, that is what market forces will dictate, even with the knowledge that affordability will be a large part of any increases in the current financial climate that we are living through, so giving Landlords even more reason to increase their portfolio of property. The market professionals and providers know this and will be looking for sustained signs before releasing the products that the industry requires. There is no doubt that this continued increase in demand will be playing a large part in providing that very proof!

16Jan 2011

Property Landlord advice: Further problems for reluctant Landlords.

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By Steve Roulstone

It is strange how some matters come up on more than one occasion and this week, we have seen two occasions where absent property owners were at risk without even being aware and it is a situation that I now recommend everybody to be aware of, indeed check with your own Insurance Company to ensure the house insured is covered under your normal homeowners Buildings Insurance policy. The outcome may have a great effect on you becoming a reluctant Landlord.

Empty property.

The two occasions that have arisen this week, both concern owners, who in our case are Landlords both, who have found that their property is not insured under their existing Insurance policy, because the property is currently empty. In the first case, the property was empty whilst the Landlord had work carried out in preparation for renting the property, to ensure that the house was presented in the best possible condition. His policy only gave cover for sixty days and was discovered because of damage being claimed through a burst pipe during the recent cold weather. Needless to say he was not aware of the clause and I wonder just how many insured are?

Policy renewed.

The second case is even worse, in that because of what had happened to the first Landlord we asked the second, who had moved on over a year ago, only to find that he only had thirty days cover and the property had been empty for over a year. In fact, the Landlord had recently renewed and even with the address change, nobody at the Insurance Company asked the question about why, so it appears they gladly took the payment without even taking the opportunity to check if the house was covered! When you consider the questions we have to answer to ensure our position (property) is insurable, it seems strange that the reverse does not happen, i.e. we are not asked if a situation exists, even with evidence to support that it does (the different address) that means any claim would be rejected!

Now the implications

The advice has got to be that any owner looking to move on and leave a property empty, advises the Insurance Company from day one and of course checks how long the house is covered in their absence. But the implication for owners wishing to achieve a sale before deciding to consider their options (our experience suggests this can be anything up to six months) is that they are liable to find that their Insurance policy will not allow them the grace of time and a decision may well be forced.

Renting options

What we normally see is a request for information before owners move on, so that if they do decide to rent they will have already decided who to appoint as Managing Agents and do not have to return to the area to make an appointment. Far be it from me to suggest otherwise and of course we are accustomed to gathering everything we need at that first appointment to enable us to do our job without the then landlords having to return. But under these circumstances, owners are going to have to make that decision at an earlier date and I for one would not argue! but we must always give best advice and as was proven this week, it will be the property owner who will benefit in the long run!

10Jan 2011

Current Preoperty news: Cannabis factory increases.

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By Mike Edwards

I would not normally copy information from elsewhere for my own writings, but as this is very good and timely advice from the Police on the prevention of Cannabis Factories, I will make an exception and copy in full a circular I received from Thames Valley Police sent to me because of my position advising our franchised offices within Castle Estates:

Dear Landlord/Estate Agency,

 Cannabis Cultivation

Commercial cannabis cultivation is a growing industry in the UK. In the past two years, Thames Valley Police has uncovered more than 300 cannabis factories, with an estimated yield of £4.4 million.

Cannabis factories range from small enterprises in a bedroom, to barns and industrial premises adapted for large-scale production. Because properties are often sub let from existing tenants, it can be difficult to trace those responsible.

The damage to property caused by this kind of activity can be substantial. Landlords face severe penalties for failing to report illegal drug production, and could be sentenced to a maximum of 14 years in prison.

Information for Landlords, giving advice on how to spot if drug production might be taking place at one of your properties and what to watch out for with regard to a new tenant is available on our force website by following the link below.

http://www.thamesvalley.police.uk/crprev/crprev-home/crprev-home-canprod/crprev-home-canprod-adv.htm

Use this number, 08458 505505, to report a non-emergency crime or to give information to Thames Valley Police. You can contact Crimestoppers anonymously by calling 0800 555 111.  Always call 999 in an emergency.

 If I can be of any further assistance please don’t hesitate to contact me.

 Kind Regards,

 Wendy Walker, Community Information Manager, Force Intelligence Bureau, Thames Valley Police. Tel: 701 3967 (External 01865 293967) Mobile 07837 496532. Email:  [email protected]

 The area is of course not significant, but the advice is paramount.

Good advice

Any advice of this nature should of course be well received and what matters most is the ability to put steps in place to stop such a disaster happening to any Landlord and of course, when fully managed by an agent, who would carry out regular property visits, it should not! Only when Landlords leave a Tenant in the property without visiting between Tenancies do such opportunities arise and when you consider the possible actions taken against the Landlord, surely this is reason enough to ensure all properties are visited on a regular basis!

07Jan 2011

Property Landlord advice: Positive property news reported negatively.

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By Steve Roulstone

Once again I have cause to comment on the way that news concerning property is reported in a negative manner. During December according to most organisations reporting on prices, we saw an increase of the average price. In fact Nationwide reported that during 2010 prices increased at the same rate of 0.4% overall. Guess what was reported as a forecast for 2010 a year ago?

BBC looking for bad news

The commentator in this report states that forecasts for 2010 were between a slight increase and a decrease of up to 20% The guest from the RICS states that they forecast a slight increase and the commentator goes on to ask what changes would signal a decrease. Well Mr Leaf, well done you got it right and yet again the BBC reporter shows just how much they love taking a negative view of housing!

Now for 2011

What changes can we see for 2011 then, well it looks as if we will not see any! Even when figures confirm the slight increase, the BBC still manages to find a negative slant on the news and even more depressingly, a report from my own professional body, stated the same increase and then within the article commented that some (unconfirmed) bodies are forecasting a decrease of up to 20% next year, but goes on at the end of the article to confirm who is saying what and the maximum forecast is only shown as -5%!  

Past performance

Is really what we need to look at here and if we consider the two reports mentioned above, then it seems that forecasting poor performance attracts the eyes of those who want bad news. The BBC 2010 forecast report stated figures between increases of a few % through to a decrease of up to 20%. Well and overall increase of .4% is so far from a 20% drop, this indicates that from this year’s forecasts (confirmed sources) in the NFOPP Newsletter article that we are liable to achieve a small decline at worst as the market continues to settle

Factors that affect the result

 We are all aware that there are several factors that will affect this result, how the Nationalised Banks will perform now that the Government have removed mortgage targets. But what we do not know is how the Building Societies will react now that the market is again a level playing field. Or indeed whether the need for Rental property will provide a lift as Landlords seek to supply property and market forces in the rental market take effect.

In conclusion

The statement about ‘forecasting being for fools’ is I feel the main point about house prices and that market forces will determine what happens over year to come, so let’s stop making bad news out of forecasts which are so wide of the mark. Negative comments ONLY have a negative effect. I for one will continue to comment on what happens and when asked for my opinion, will give it with honest confidence, not negative guesswork!

29Dec 2010

Current Property news: Confidence needed for Landlords to invest.

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By Steve Roulstone

As I said in my last blog and with good timing, news is beginning to spread of a confidence in the rental market and surely led by demand, an increase in Buy to Let products, which will enable growth again next year as Landlords seek to supply property to an increasing demand for Rental housing.

Drive the market            

I do not think we will ever see the type of mortgages available before the property crash, and most would say for the right reasons, but there is no doubt that Landlords buying for a readymade market, where rents and demand are both increasing, could give timely assistance to House sales. Therefore Societies need to have the confidence that products they make available will work. It is there job to place those products at the right level to attract business but hopefully they can also see the demand which will surely increase after both the winter season, which historically has a slowing effect on the market anyway as well as this current spell of bad winter weather.

Spring is round the corner.

So by the time Easter is upon us, again historically the time that the property market increases in volume (take note BBC!) in three months time, the markets and financial houses should be able to recognise the need and start to release the products. This is also the same time that Landlords start to look at increasing their property portfolio as I know only too well from the increased level of ‘Landlord shopping’ our offices are asked to carry out. So historically and with a market as strong as the rental sector is at present the demand and percentage of rental property looks to continue to grow in strength and size.

Walk first!           

So as my own group will be ready I believe what we need now is growing signs of confidence from the markets and it will be the mortgage products that confirms this confidence if they are made available (as seen recently with short term release or special offers made available for limited periods) then others will follow suit, whether they be Agents, Landlords, Mortgage brokers or Providers, the Buy to Let mortgage could soon be the vehicle by which the property market starts to recover. Nobody wants this to be without due consideration and that means careful product pricing and placement, but that is exactly what I both hope for and expect.

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.