Tag Archives: Property Management

24Apr 2012

Why should a Landord use an Agent – Part 2

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By Mike Edwards

Part 2 of the top reasons why Landlords should choose a Letting Agent are included in this concluding post.

 

6.         They can often get you a better rent

Many letting agents are used by relocation agents and companies willing to pay high prices for the right property. Usually these companies will only use professional agents for sourcing property for their clients. This is because they are aware that they are going to get a consistent responce when being dealt with. Relocation is a part of the industry that is very specailaised and can be drawn out at times, especially when dealing with clients from abroad. They need to know they will be dealt with in a way that will not leave them sorting out issues that most Agents will already be aware of, such as type of agreement and security of deposit.

7.         They will get a proper inventory done and deal with the deposit for you

A really good inventory is absolutely essential nowadays if not the most important document involved and landlords who are taken to adjudication by their tenants will have little chance of winning without one. A good letting agency will often have staff specially trained to do this work and will usually be able to do a much better job than you can. There are also specialist software packages that are marketted at Agents and are sensibly only affordable by Letting Agents. There is also the advantage that if the matter ever does go to arbitration, the fact that the inventory was drafted up by an independent third party (your agent) will often mean that it is given greater weight by an adjudicator than one that was drafted up by you, the landlord. Your agent will also deal with protecting the deposit properly, making sure that all the proper information is given to the tenant within the time limits.

8.         They will deal with checking and referencing your tenant

A good agent will carefully screen and reference all prospective tenants as a matter of course. Not just by way of collecting letters, but through a professional Referencing body. This does not always mean that there are no problems later, but it certainly reduces the chances of this happening. It is a fact that those who have caused trouble in property before as a Tenant, know that they will not be able to pass a proper referencing investigation. Agents may also be able to recognise known bad tenants, and also recognise the signs of a bad or criminal tenant (for example one who is thinking of converting your property into a cannabis factory).

9.         They will deal with any problems that arise during the tenancy

There is a lot of work involved in renting property and it is not all just finding the tenant. Often problems arise at the property – for example minor repairs that need doing.  Tenants also sometimes lock themselves out and need helping. A good agent will also carry out regular inspections to make sure that the tenant is looking after the property properly and that all is well there. 

And finally:

 Finally of course there is the fact that most landlords really don’t want to be bothered with the tedious business of dealing with tenants, and agents take the burden of this away from them. A really good agent can be a blessing to a landlord. At the risk of being accused of agent bashing again, I do need to say here that not all agents are like this. I do feel strongly that agents SHOULD be regulated. If only for the benefit of all the good agents who inevitably, and most unfairly, get tainted by the press reports about the bad agents. The ones that don’t do their job properly and run off with all the money. 

12Apr 2012

Property Landlord advice: Choosing a Tenant – Landlords needs first – by law!

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By Steve Roulstone

One of the areas that crop up again and again when we are going about our job, is the relationship between ourselves as Agents of the Landlord and our prospective and actual Tenants. It is and always has been in our interests to have good relationships with our Tenants and we continue to promote that at all times, but when it comes to our position legally we have to consider the Landlord above the needs of the Tenant and it is this stance which is often mis-understood!

Tenant’s rights.

 We do of course give the Tenants duty of care, but two situations have arisen this morning which yet again could and possibly does leave us looking like ‘bad boys’ if we proceeded and made what we believe to be the best decisions in the interests of the Landlord. The first issue surrounds another Tenant viewing and proceeding with a property before a second prospective Tenant had viewed. There was a statement made about who was due to see the property first which we could not agree with as we do not give preferential rights of viewing as a Company Policy.  

I saw it first!

This is simple enough to understand, if the first person to phone cannot view for a week, do we stop others who can view today? No because it would not be in the interest of the Landlord and our decision is an easy one! In this case what has clouded the issue for the prospective Tenant, is that they felt they had been promised to be shown first but as we never do give such promises, because it is never in the interests of our Landlords, this would simply never be the case. It is more likely that there was a misunderstanding of what was being asked and promised, but it ended with an nasty phone call to myself and my staff which of course is not acceptable for either party.

Best Tenant.

The second problem was one where in asking for information to assist finding a property for a potential Tenant, nothing has been forthcoming since we asked from the Tenant. Now when they ask to view a property again, which we know will be impossible without the information, do we tell them no without delay? We are of course always charged to find the best Tenant at all times for our Landlords and that inevitably means making decisions. We have to otherwise we would not be doing our job.  But it is highly likely this situation will again end up with a disappointed party, but we are not bound to find property for all who contact us, just those we believe will be good Tenants.

Overiding facts.

In every situation we are bound to make the decision that is in the best interests of our clients and that is our Landlords. This means disappointing some who contact us. But until Tenants understand that we have a legal commitment to serve our Landlords and that overrides any duty of care towards Tenants  (unless that neglect of duty includes an illegal act or stance) such issues will continue to occur. What of course we can hope is that not every time someone does not get what they want it does not end up in aggressive phone calls.

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. 

07Feb 2012

Current Property News: Higher rents good news for Mortgage brokers but not always for Landlords.

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By Steve Roulstone

It looks as if the rent increases that we have seen on average are beginning to have the effect of allowing Mortgage brokers to have more confidence in the’ Buy to Let’ market as reports this weekend in The Daily Telegraph confirm.  Such providers as Mortgage Works and Paragon are clearly confirming their stance and the fact that potential Landlords have more choice is an added benefit with the amount of choice that is available.

Differing options.

The report makes clear that buyers have options at the moment, with deals to be done both in the open market and of course with new build as Builders need to move on and complete sites as soon as possible and move to the next plot of land that has more than likely been purchased for some time and for builders where land lies without being broken, it is no different than an unsold completed house.

Landlords taking note.

In this case, the article was bought to my attention by an existing Landlord as it had raised a query in his head about the level of rent that was being achieved at his property rather than any advantage in buying further property at the moment. His call was all about the opportunity to achieve a higher rent than he was currently enjoying and of course that is a scenario that we look after for all properties and Landlords we are charged to look after.  

Regular undertaking.

What we do every year is to look at rent levels in the spring, which is the time when most rents increase as the market achieves its natural seasonal high and the time when most people look to move. We do this by reviewing every rent where there has not been a change of Tenant in the last six months (ensuring we review in line with Landlords rights for every property at least once a year) But in this case whilst rents may be rising Nationally year on year, I had to advise the Landlord that the time was not yet right.

Market trends.

We are currently in one of those periods, where the amount of property coming on to the market is outstripping demand. Having ensured we are renting the number we would expect considering both the time of year and current popularity of renting, we know that the effect, which will exist throughout our area and therefore with our competitors as well, will be to encourage offers from tenants and mean some properties will stay void for longer than we would wish. Our answer is to attract as many Tenants to us as possible by reducing our Tenant fees for the spring.

Good advice.

So my advice had to be to hold on any rent increase until we see an increase in activity. (which will not be during the current cold spell) in the meantime, we will do everything we can to attract the Tenants and when the time is right acknowledge the increase in rents on behalf of all of our Landlords, but to encourage Tenants to look at the market when so many properties are available and when we know that Landlords will be encouraged to accept offers does not do the Landlord good service, which just goes to show, that not all reporting can be echoed in the market place and not all areas of the Country react in the same way at the same time! Perhaps it would be better if such reporting pointed out those areas can vary, because on the ground, we know that they do!

17Jan 2012

Property Landlord advice: Self Management leaves Agents unprotected.

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By Steve Roulstone

We have had an interesting experience this week, where a property which was fully managed, has changed to self Management where we only provide the Tenant. The issue here was that the Landlord, having visited the Tenant, was left with the feeling that we had failed to protect them when under full management and had given poor service to the new Tenants because we were no longer instructed to manage.

Tenants advised the Landlord.

The main issue is relating to what the Landlord had been told by the Tenant, which left the Landlord needing confirmation that we had looked after them, no matter what service we were offering. Without repeating the details in full, suffice to say, that by confirming our normal processes, which included signatures confirming the receipt of information and the ability to prove timings through photographic evidence taken at the check in, the Landlord was left understanding that we had done the right thing and carried out our role professionally. The interesting point for me, is that had there not had been other issues, the Landlord may not have had cause to contact us at all and the only result may have been our dis-instruction, without even knowing why!

The bigger picture.

The reason for us being able to prove our case surrounded what had happened with the previous Tenant, as an extension had been built, without the Landlords knowledge at the next door property. The reason the Landlord phoned and mentioned the suggested lack of service to the new Tenants, was to see how this had happened without their knowledge. The answer was really straight forward, the past Tenants had failed to forward mail that was intended for the owners advising them of the neighbours plans and therefore failed to give the Landlord the opportunity to have their feelings taken in too account.

All points covered.

We were able to prove that our agreement included a clause confirming that the Tenant was supposed to forward all mail intended for the Landlord, especially that of an important nature and this is what they failed to do. We were also able to confirm that the agreement banned Tenants from interfering with the supply of services to the property, which was another issue that had been raised. The result of this event, confirms just how important it is to have an agreement whose basis is centred around the protection of the Landlord (and in our case is based upon 30 years of experience) and that ’of the shelf’ agreements have their rightful place – on the shelf!

Consequences.

The serious side is that because of adhering to processes, we were able to confirm our service had been proper and correct and that the Landlord, who of course had gone to self management because there had been no problems over the previous seven years, had received the services that had been paid for. In doing so we were also able to demonstrate that the agreement we use is there to protect the Landlord and clauses do have a purpose.  The Landlord left with the knowledge that they could pursue the previous Tenant for actions that had left them disadvantaged, but this time, because of self Management, the letter would have to be written by themselves, rather than by us!

14Dec 2011

Tenant advice: Guarantor roll in property Letting.

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By Steve Roulstone

 

One recurring issue when problems occur with a Tenant who has failed to keep up to date with their rental payments, when a Guarantor is in place, is the sudden realisation that despite having had the situation explained at the beginning of the Tenancy and in our case at Castle Estates having signed a confirmation letter that clearly confirms the Guarantors role, that they may become liable themselves for the arrears and any additional costs generated by the departing Tenant at the house concerned.

Increasing requirement.

 

This is a problem which is not going to go away, in fact most reference Companies (with a mind to the current financial situation) are requesting a Guarantor to assist the Tenant being referenced in achieving a successful application, in probably twice as many cases as they were five years ago. This means that it is even more important that the Guarantor understands that should debt arise as the result of the Tenants actions, then they could be asked to make good the shortfall if the Tenant fails to do so after every reasonable effort has been made to achieve success with the Tenant, in a court of law.

For the lifetime of the agreement.

 

It is therefore important that the Guarantor is advised about any possible liability as soon as possible after it becomes clear that a problem exists. This is when we normally get asked for the Guarantor to be released from the agreement and of course without a replacement waiting in the wings who would also need to pass reference (and if a problem has occurred this is not a likely scenario) they cannot and should not be released. Signing your name to a legal document has implications and therefore should not be entered in too lightly. Indeed Guarantors need to understand fully their role, which is why we have a separate letter which we ask to be signed and wherever possible, have the Guarantor present at the check in to ensure they understand their responsibility.

End of Tenancy problems.

 

Of course most problems where a Guarantor has to be advised occur at the end of the Tenancy and just recently we have had a very serious abandonment, where the Guarantor was a close relative of the Tenant who seemed to be fully aware that the relative would have to face the consequences of the Tenants actions, of course such malicious actions are very rare, but it does serve as a timely reminder to ensure, as a Guarantor, you will still want to support the Tenant in possibly two or even three years time (average length of Tenancy is now close to two years) As Agents we have to be sympathetic, and make every effort to seek recourse with the Tenant, but legally the Guarantor will be required to stand in the Tenants shoes if the Tenant does fail and the reality of this should always be considered before the agreement is signed.

09Dec 2011

Current Property News: Resolution Foundation Renting in the dark leaves GOOD Agents crying for the law!

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By Steve Roulstone

I have now listened and watched the reporting of the new report from the Resolution Foundation about the rental market and have to object once again to the broad brush approach of in this case both the BBC on Radio 4’s ‘You and Yours’ programme and the ITV ‘Daybreak’ news report both from Thursday’s editions. Only this time, because any professional Agent would agree with the main push of the report, that regulation of our Industry is needed, yet again, to many generalisations were made about the problems of heavy Tenant charges being widespread across the whole Industry.

Proper processes.

Firstly, the Lady from the Resolution Foundation complained to Ian Potter (who once again represented ARLA members very well) by saying that very few Agents carry their charges on the Web, well no surprise there, because most Tenants would not understand what the charges were for and whether they apply to them and when, because we cover so many different scenarios, but what we do (Castle Estates) is list all possible charges on a document which we ask Tenants to sign after explaining what charges would apply to them in their individual circumstances. By ensuring they have read and understood them before we ask for a signature, we ensure we comply with ARLA recommendations.

Other issues

There are of course many issues raised by the actual report, but this is not the media to address them individually, but suffice to say, the rent levels quoted raise serious questions as to where the survey was carried out, they totally ignore the Law of Agency and our role (in law) on behalf of the Landlord, that local Government schemes introduce a third party to argue about costs and would further delay the deposit returning process, because actual cash is not involved, the amount required to move cannot include the actual rent, because if a Tenant cannot afford the rent, we cannot accept the Tenant (common sense for me!) and many more, but to get back to the media reporting:

Not all the same!

The second screamingly obvious point that struck me, was there was no clarification of whether the ‘Letting Agents’ contacted or referred to, where Estate Agents who offer a Lettings service ( because as I have stated so many times they can no longer afford to ignore our market having grown so significantly during the house price drop) or stand alone Letting Agents and I think this is a clarification which needs to be addressed, because the only true judge of our industry is to look at Letting Agents alone. The rate at which Estate Agents have turned to the rental market clearly dictates that the level of service for both Landlords and Tenants will have dropped. By judging the performance of both side by side, professional Letting Agents and ARLA members especially, will I am sure shine!

Government now damaging the whole!

Another implication for me is the harm that is done to all Letting Agents by such news reporting, which, whilst I do not question the content, is done in the normal dramatis style (especially by ITV) so as to catch the viewers attention.  The issue being because the Government continually states that it does not have the stomach to address the legislation required to regulate the industry, when publications and comments from respected bodies are released in this way, the whole industry suffers from the subsequent fallout and bad press.

PLEASE regulate our Industry.

If only the necessary regulations and licensing were introduced, bad practises from Agents, overcharging from Agents (which from my own experience is normally the realm of the Estate Agent who are used to generating large fees) and rouge Landlords who rent property in poor conditions would ALL be addressed. Once again you get the same tune from me – it is a pity the Government cannot change their tune!

Professional representation.

 Ian potter (ARLA secretary) quite rightly said that we were nearly their under the last administration and this one has stated there are more important matters to address. Well for me as each report and complaint is made and heard our case grows stronger because every report always requires the same solution and as we approach 20% of the UK housing stock under the banner of the private rental sector, the only remaining question is how long before it becomes important enough for the Government to take the right action.

 

06Dec 2011

Current Property News: George Clark campaign for Housing.

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By Steve Roulstone

I sat and watched George Clark last night in his new programme designed to get us all up in arms about the number of properties that have been boarded up and have been left standing unused during a period when we have without doubt a massive housing shortage, but affordable housing is what the market needs and Mr Clarkes programme is designed to embarrass the powers that be into working with him and allow his Company to make the properties habitable once again.

Non Political statement.

In the main Mr Clarke managed to put a programme together which did not have a political edge and in saying what I want to say about the programme, it is my intention to do the same, because my comments are purely factual and based upon both the law as it currently stands and what I believe to be the powers that are needed to assist in raising quality of housing in the UK.

DIY I really don’t think so!

The first issue barely given time in this programme was the ability that people will have to affect changes themselves as a method of keeping the cost of renovating these houses down. But in every property visited or discussed, Electrical issues mainly with re-wiring were highlighted.  This of course is a job which just cannot be carried out by anybody who is not qualified (currently to Edition 17 of the IEE regulations) under Part P covering electrical installations in the home. Please Mr Clark, let’s get the facts right,  and let’s also be honest, electrical, heating including Gas and window replacement are the major jobs required when renovating a house, so without consideration being given to any possible structural work, there are regulations protecting people for all such services and they cannot be ignored!

Poor quality housing.

He then went on to take us around a rented property in poor condition (Could not help but wonder if the problems were the result of a failed DIY attempt?) and a property owned by people who had left it empty because they could not afford to rent it out (despite pointing out that the major problem with both properties was bad wiring!!) Sorry but I did not understand the point of this, because both houses on the face of it appeared to be in poor condition, so other than an appeal for cheap funding any point missed me by.

Proper controls needed.

What did strike me was here was yet another issue surrounding poor quality housing which would be addressed if licensed Agents were in a position to approve the property for the market prior to anybody being allowed to either let or rent the property. You cannot disagree, again from what we were shown, that both of these houses needed work, Surely this is a role that letting Agents would both wish to adopt and are in a position to carry out with ease and professionalism.

Large concern.                                                

Now far be it from me to throw a dampener on what Mr Clarke is trying to achieve here (Castle Estates joined forces with an attempt made by Prince Charles some seven years ago to resolve the same issue, which unfortunately failed) even though his own feelings about the subject seem to be the driving force, rather than any co-ordinated practical financial plan. But from the look of his web page, his own Business will be heavily involved in any solution, but the real source of the problem, which the area he covered in the first programme was created by the drive to build better housing in communities where property was emptied and or demolished, is much deeper and needs to be addressed on a much bigger format than this amicable gent will achieve, in the meantime I wish him well, providing he is realistic about what can be done under the label of DIY!

24Nov 2011

Property Landlord advice: Government Housing Policy energy standards picking at the wrong sector!

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By Steve Roulstone

The new Housing Policy released earlier this week, makes specific reference to two areas that I feel are linked, in the standards being set in one and the Government requirements for the other. I am referring to Decent Home Standards and Energy Performance levels.

Walking away from business.

This week alone, as a Letting Agent, we have walked away from two properties where the standard of accommodation that the Landlord was offering, we felt, dropped below what should be offered in our market place. As I pointed out in my Blog earlier this week, self policing, because we are professional Agents. The fact that other Agents (Estate Agents) were prepared to market the properties, in one instance without basic instruction which could result in the Landlord being the result of a financial claim against him, is both alarming and a subject that I repeatedly Blog about until blue in the face, if you do not legislate for fitter and proper Agents, the market will continue to suffer from bad Management!!

Market protection.

So with the knowledge that professional Agents will advise Landlords what should be done before they will market property, let’s just confirm, we now have a situation where we are raising standards automatically – just what the Government are asking for!! But wait, what do we have here? A comment in the same release, stating that Rented properties that do NOT reach certain energy standards will, by 2016, NOT be allowed to be offered to the market!

Is it the financial link?

So why are the Government targeting the rental market and not the sales market? There appears to be reference to review Building Regulations, which ensures new properties reach these energy standards, but nothing to address property sales, so why not? To me it is purely because they can and for no other reason. I would guess that the reason given would be that if Landlords are to make profit from renting property, then the profit must be gauged against the standard of the property. A good argument and I am not saying I disagree, but if that is the case, why not apply the same regulations to Mortgage Companies who profit from providing a Mortgage to the ‘House buyer’?

Too radical?

This to me is not a level playing field and we as an industry have five years to address it. The facts are quite clear in both statements included in the Government release on the rental market, the best standards of properties can be found in the rental market and the best energy efficient housing can be found in the rental sector. And yet in this report they further target (an easy target?) our sector for improvement. My point has to be, that under a heading of a thriving market sector, rules are being introduced which will place further unbalanced costs on the Landlord, when set against any decision against selling.

 

Action Needed.

We have plenty of time between now and 2016 to ensure this is not the case, so I ask our Industry representatives to ensure that our market will not be given a disadvantage at such a critical time in its popularity and development. If I am right and if this is left unattended we could be left with a problem, the time to act is now!

21Nov 2011

Current Property News: A housing strategy for England. But is it for the rental Industry?

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By Steve Roulstone

Today the Government have released their Housing Strategy for England, which is designed to give a kick start to housing sales across the UK, which most would agree is something that is badly needed and a view point that I totally agree with and have commented so in these pages on many occasions over the last eighteen months. But Housing Sales are not the only consideration nowadays and for once the Government have acknowledged this, with a section and strategy purely designed to encourage Landlords to start buying more property for the rental market.

Rounding a square peg.

I recognise that one problem the Government had to address was how to encourage growth in an area that had come under such criticism (Profit from rising property prices) for the perceived effect profit on Property values had had on the current financial situation and current property price de-valuation. What I did not expect but can perfectly understand is the decision to encourage growth through Business organisations rather than individuals. This very comfortably  delivers possibility of growth, which according to conversations I have recently had with Management at one of the larger National Property houses, whose clients include the organisations targeted by this policy, who are actively buying property in numbers at the moment, will be well received.

Using Council powers.

What I still cannot understand and accept, is that Local Government will be the answer to what is described as the ‘rouge Landlords’ who still flaunt such legislation as the Tenants Deposit Scheme and Houses of Multiple Occupation standards or as mentioned, the Decent Housing standards, for certainly where we are based in the Midlands, all Councils that I have come in too contact with have confirmed that they do not have either the man power or time (ability) to pursue Landlords and therefore deliver a local deterrent.

Working with the Industry.

It is very encouraging to see a whole section giving information about what the Industry can deliver and I am sure the ringing endorsement of the ‘Safe Agent scheme’ has been well received by the Industry in general, but I cannot make comment about this situation without pointing out that if the Government really wanted to get rid of rouge Landlords at the same time as increasing standards, then the Industry is here with open arms! Surely the fact behind the figures quoted that more property in the rented sector is of better quality than in the hands of owner occupiers says it all. I know that all of the properties in our Management would pass with flying colours, because we would not manage property that failed these standards.

Where does the problem lie?

I am also well aware that the figures state that some of the worst quality housing is in the private rental sector as well. Now with the information that we do not manage them and with the firm belief that neither do other professional Letting Agencies, it does not take such a massive leap of imagination to realise where these properties do actually lie! So what is the answer? Simple, involve us in managing or looking at these properties, so that all Landlords have to be connected with some professional licensed Agent. There are further issues raised for the rental sector by this statement especially surrounding Green policies, which I will address through these pages later this week.