Author Archives: Steve Roulstone Marla

07Mar 2011

Rental issues: Avoiding Rental Voids can be a problem.

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By Steve Roulstone

The Tenant deposit scheme has on the whole been well received and there is no doubt that it has done exactly what it was meant to do when introduced. Namely, to ensure Tenants and Landlords communicate and negotiate with each other over dilapidations. It has however had other effects which were not foreseen and when Tenants do not act in a reasonable manner, causing a dispute and creating a situation which can add further problems when the next Tenant is due to move in for example, the next day.

New Tenants expect the best.

When any Tenant moves in, they do not expect to be faced with a situation where damage to the carpets, decoration or appliance for example, has to be left until such time as proper negotiations have been undertaken with the leaving Tenant over where responsibility for carrying out repairs should lie! It is not a new problem, but prior to the scheme, we could make an experienced judgement over who created and therefore who should pay for the issue to hand. Now we can no longer do this and according to the TDS procedure, must even take time to gather estimates before getting agreement and starting the work.

Why not avoid the situation.

Avoidance would be the easiest solution, always ensure a week between Tenants, but the reason so many Tenants follow hot on the heels of the last occupier is at the new Tenants request. Most Landlords can see the potential issue and rather than risk upsetting the new Tenant, will agree that a void period has to be accepted between Tenants. Of course as Agents, especially those carrying out the viewings, the ability to change Tenants without any void is difficult to avoid, after all, we are doing the best we can by our Landlords and when the new Tenant states they have to be in sooner rather than later it is difficult to risk them going elsewhere by saying no!

Best advice and best practise.

So our advice to avoid the complaint from the new Tenant, which is bound to happen no matter that it was they who HAD to be in the property without delay, when they move in to find the cooker door glass broken, has to be to always build that extra week to the availability date and even though void periods are created by this practise and it goes against our intentions as Letting Agents, it is better to avoid problems for new occupants and give their Tenancy the start we would all wish for.

04Mar 2011

Current Property News: Approved Agents would provide improved Housing.

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By Steve Roulstone

It’s time for me to bang on the same drum again, as another slice of news has appeared on my desk and the opportunity to improve a situation by ensuring that licensed or approved Agents and or Landlords looked after the Private rented sector through a Government sponsored (but in my opinion Industry monitored) system immediately suggested itself. Well it does to me and I would welcome commitment or debate about my thoughts!

33% of Private rented stock in poor condition.

 

This information is taken from the recent English Housing Survey, just released by the Department of Communities and Local Government. This figure is a surprise, especially as the same paper suggests that Social housing is in better condition (some 23%) The headline figures for the Social and Private rented sectors are now very similar, with 17% of stock forming the Social sector and 15.6% the Private sector, this translates in big round numbers to 850,000 Social houses and over 1 million Private houses. But my own experience would suggest that the majority of these lie in the self managed sector, for in my own Company (as I would expect from all professional agencies) we would recommend what was needed for property to be acceptable to offer to the rental market before accepting the property on our books. This of course means we will not manage property that was unfit and I have indeed wiped my feet on the way out of many houses in the past. Of course, most Landlords follow our advice and repair, renew and renovate as needed.

Professional Industry creates Professional standards.

 

My own point being, that improving the state and condition of property in this Country is rightfully a main target for Government (no matter what colour) by ensuring those responsible for the care and standard of rented property were approved and this approval relies on the correct standards, then the improvement in property would be dealt with, I would suggest, very efficiently and rather quicker than any Government targets are currently achieving.

Same old same old.


It is not the first time I have championed professional membership or approval schemes and it will not be the last. What we need to do and what I do at every given opportunity as a Professional Letting Agent, is to open this debate with and actually put our conclusions in front of those who make the decisions at every given chance. What I hope is that the bodies that represent our Industry are continuing to do the same. I would think it would be difficult to argue against my conclusion in this case and only those who could not afford to renovate properties currently rented would find a reason for doing so, but is this not the objective? Because then the alarming figure of over 1 million properties rented in poor condition would be removed from the market, allowing better quality property to replace it. This of course is providing Landlords can get the right Mortgage to allow renovation or buy new housing stock – but that is another topic for debate.

02Mar 2011

Franchise News: Why choose a Property Franchise NOW!

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By Steve Roulstone

Last year I wrote a Blog about why somebody should choose a Property Franchise when looking for a new future in Franchising. This week some figures have been released as a result of the Communities and Local Government English Housing Survey for 2009-2010, which confirm if ever there was a right time, that time is now!

Increase in Rental properties.

The figures released based upon a survey of a total of 21.5 million properties in England, has shown what can only be described as a mammoth increase in the Private Rental sector over the preceding twelve months, which even outstripped the increase at the start of the housing sales slump in 2008 of 1.2%. This time the increase is 1.4% and this is confirmed by recent news items, suggesting that demand could see this increase outstripped during this current year. Indeed figures are being discussed which would give another record increase approaching an additional 2% possible this (current trading) year.

Steady growth.

The overall percentage in the private rental sector as shown in this survey is now 15.6% (Current figures being discussed are 17%) with the social rental sector now falling to 17%, it clearly looks as if private rented property could overtake the social sector to become the largest sector, within the next twelve months. In big round numbers, this is an increase of nearly 300,000 properties in one year, which is all additional potential business for Letting Agents, at a time when more and more self managed Landlords are also turning to the Industry.

Effect on local markets.

So how does this affect local markets, well let’s look at Birmingham, who confirmed 420000 properties within the City Council boundary paying Council Tax last year. 1.4% growth would represent a potential of up to 6000 additional properties, which, at £1000 average earnings per year as a conservative estimate, would produce potentially £6 million pounds additional turnover for the area. Even in a quarter of the City, £1.5 million additional turnover, should encourage anybody able to make a start in Franchising, that the market is buoyant and still growing.

Continued growth.

But it is not just the current growth which is encouraging, for the market has shown growth of over half of one percent year on year for the last decade. What is happening now is a clear sign that this growth is constant and growing. The icing on the cake for Letting Agencies is that the number of potential Tenants continues to grow. This has also been widely reported in the press, and again in a period after this latest survey. So never has there been a better time to become a Letting Agent so you will have to excuse me, whilst I go and make sure there is a clear path to my door!!

25Feb 2011

Property Landlord advice: Block Management and Letting Agents. (Part 1)

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By Steve Roulstone

Henley Grange Halesowen.

Over the years of running a Letting Agency, several different opportunities come to light and most Agencies do at some stage along the way, get the opportunity to advice or run a Block Management Company. This is exactly what happened to my Company and we now look after a total of 14 sites throughout the Franchise area of Staffordshire.

Block Management explained.

For those in the know, this is well understood, but if you have never had anything to do with what are mainly leasehold properties, or lived in a location where there are shared facilities, it may not be so obvious, so let me explain: In simplistic terms, Block Management Companies are set up to oversee the running of Leasehold properties such as apartment blocks (nowadays nearly always with Freehold properties attached, because of Planning authorities insisting on new sites having a cross section of affordable as well as ‘Executive’ type housing) appointing and therefore paying for such services as Cleaners and Gardeners, organising insurance cover and also giving a platform for all who live within the site to comment or even assist in the day to day running by standing as a site Director. Companies such as ours carry out the collecting and payment of services rendered and stands as Company Secretary to carry out the formal running of the site in line with any and all legal requirements and are appointed by the Directors.

Why Letting Agents?

What normally happens is one of our Landlords will get frustrated at the lack of contact or accountability of the existing Managing agent (Professional appointed body) and ask if we can assist. This is how we started and all of our business has come about through recommendation since that first site in 2003. This is because as Companies, Letting Agents are set up to operate in a very similar way and of course we can soon adjust our services to take Block Management on board.

Training and Professional standing.

Within Castle Estates, we offer training for all of our offices whenever opportunity presents itself, this is to ensure that the training is given when it is needed and therefore better utilised by the offices and the customer of course benefits as well from up to date information. Our professional bodies also recognise the services we give as Block Management Agents but there is a separate body ARMA Association of Residential Managing Agents (as opposed to ARLA) which it is wise to apply to join when numbers of sites increase. In our case, when we developed to the stage of having a separate division within the Company, just for Block Management.

So what advantages to the customer.

The normal reason and this I am sure is countrywide, is lack of approachability and poor communication that results in  a lack of trust, but of course the disillusioned owners and directors nearly always look to their own locality for a solution. And this is exactly why so many Letting Agents come to look after so many local sites. This is exactly what we can offer, accountability and easy simple approachability and communication. OK there are people who do not communicate well no matter where they are located, so I guess that is my hint to anybody taking over a local site because of problems with the existing agents – communicate with your new customers. We do and have shown considerable growth because of it!

24Feb 2011

Deposit Protection Issues: Best Practice

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By Craig Smith

Since 6th April 2007, any deposit taken for a property that is being let with an Assured Shorthold Tenancy Agreement in England or Wales must be registered with one of the three approved deposit schemes. This can sound like another hoop for Landlords to jump through but the results of not properly registering a deposit can be costly.

Does it make any difference?

In a word… yes! It is not just a case that the money has to be protected but by registering the deposit with an approved scheme, the money can be held in a secure account and is protected for both parties. Each scheme also have their own dispute resolution service which can be used as an alternative to court action if the Landlord and Tenant disagree about any costs at the end of a tenancy. The adjudication service will take into account any evidence from Landlords and Tenants, which is where a good inventory and check out report come in to play!

Tenant Find properties, who deals with the deposit?

Tenancies where an agent only finds a tenant for the property but does not manage it can sometimes be a grey area depending on who registers the deposit. Castle Estates can still register a deposit on the Landlords behalf although would not be able to get involved in any claims at the end of the tenancy. Please feel free to contact us for further information.

So what if it isn’t registered?

If a Landlord fails to properly register a deposit they can be forced to pay back the full deposit, plus 3 times the amount of the deposit to the tenant. And on top of this, a Landlord would not be able to issue a Section 21 notice requiring possession of the property. Not only would it costs 3 times the amount of the deposit, it would also take a lot longer to gain possession of the property.

When should the deposit be registered?

Any monies taken as a deposit should be registered within 14 days of the Landlord receiving it. This is regardless of whether the tenancy has already started or is to start at a later date, although if the monies are paid but the tenant backs out of the deal, don’t forget that the money should be paid back to the tenant!

Where do we go from here?

Always make sure that your deposit is protected, if it falls under the legislation. A good agent will always look after your investment as if it were there own. If in doubt, please do contact us for further advice.

21Feb 2011

Current Property News: Good practise stops Fake Agents operating!

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By Steve Roulstone

A report in the press at the weekend, has stated that Tenants should look out for fake ‘agents’ operating through the web, as false sites have been set up to mimic the way in which the sites for genuine registered agents appear, even including the logos and details of the industry approved bodies such as ARLA. As a professional member of ARLAjust as a Letting Agent, I always look at articles like this and compare what would happen to anybody visiting my agency, Castle Estates.

Good practise

I am pleased to confirm that our good practises would ensure that this could never happen with us. Meaning, that by ensuring good practises are always offered to our clients, they should be the wiser as well. Of course the only way good practises can be widely known, is to respond to such articles by advertising them, that way, hopefully, more people will be better informed in the future, ensuring they do not get caught out in this manner. So what we would always ensure is:

Deposit at the start of the Tenancy.

Any deposit is refundable under law, if the subject for the deposit is not purchased, entered in too or commenced. Therefore, there is no way that any Deposit should be taken until the day that the Tenancy commences. This will ensure at a stroke that no monies are lost through paying for a property which does not exist. This is because the contract does not actually exist until it is signed and Tenants under most circumstances, should sign at the property, on the day of the start of the Tenancy, when keys are released and monies become due (Rent)

No viewing – No fees accepted.

It has long been a golden rule within our Company that no Tenant is allowed to pay the initial Referencing and Documentation fee, without first viewing the property in person. This was introduced to ensure that our Landlords were not left with a tenant that we had not seen (Difficult to justify ensuring Tenants sourced through us are acceptable without meeting them first) either pulling out when they do see the property because it was not as expected, or ending up being a poor Tenant and not respecting the agreement. There have been occasions where the reason behind the request has been genuine, but that is where relatives or Company representatives can carry out the role and give us a situation we can work with. Not forgetting that all applications would be referenced as well.

Simple principals, Best outcome.

So our advice to avoid disappointment, as the saying goes, is to follow these simple rules, then Tenants will not fall fowl of criminal activities of this nature. Of course it is once again professionalism and education that will ensure such matters are well known by all. I say once again, because nearly every scenario where our industry is either poorly represented or open to corruption such as these false agents operating on the web, would be answered by professional standards and registration of agents. This will provide the insurance and education that our customers, as either Tenants or Landlords, need as they will know what to ask for and expect when renting property. Of course, traditional methods of visiting the Companies premises and or viewing in person take care of the problem in one fell swoop, which is why I still feel that we are some way from an industry which is solely represented by web presence alone!

17Feb 2011

The New Castle Estates (Staffordshire) Blog

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By Craig Smith

Welcome to our new blog which will be focusing on the issues of property lettings and management in and around the Stafford area. We aim to update our blog as often as possible to keep all Landlords (and Tenants) informed of the latest news and legislation with regards to the rental market.

Why publish a Lettings blog?

The best way to ensure everyone has the latest news and information is to make it readily available and easy to access. We hope to keep you as informed as possible and updated with any major discussions or changes relating to the property rental market. Although our Franchisor focuses more on the national issues we hope to tackle some of the more local issues.

Who can read this, Landlord or Tenants?

The simple answer is everybody! We hope that the majority of information will apply to our Landlords but also to some of our Tenants as well. Another reason for this blog is to advise our Landlords of current market trends and to make letting a property that little bit easier! Any changes in property law or legislation can have an effect on everybody, so we hope that you will find this useful.

What are the upcoming issues in Rentals?

There are always a number of interesting points to be discussed when letting out and managing a property. Legislation is constantly changing and agent practices have to change to reflect these. The last 5 years have seen a number of big changes including Tenancy Deposit Protection and the introduction of Energy Performance Certificates for rental properties. We also anticipate a number of changes following the budget cuts this year and will be able to publish more information shortly.

 To summarise…

We do hope that you will find our posts both useful and informative. We aim to make the headings for each post clear on each subject, so that you can easily find the posts more relevant to you. Hopefully, you will able to be kept ‘in the loop’ with our page and enjoy reading our latest posts! 

17Feb 2011

Property Landlord advice: Data protection and Letting Agents.

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By Steve Roulstone

I have been amazed to see a report lately that very few Letting Agencies and indeed Estate Agencies are registered with the Data Protection Act. As a member of an organisation that has included registration as part of its new Franchisee set up system, I am amazed to find out that this is the case.

Implications.

So how does that affect you if you are a Landlord in such circumstances? Well hopefully not at all, although situations could arise, such as passing information on when an agent is appointed incorrectly, but this is the business of your agent to ensure that they are registered as a handler of personal information on their clients, both Landlord and Tenant. Of course registration alone does not stop anybody from being prosecuted!

Nobody told me!

It is how Agents could have managed NOT to know that they should be registered that amazes me! There have been scams where claims have been made to be the Data protection agency writing and asking for fees from all manner of organisations (although I now wonder if they only wrote to Companies that were registered!) as well of information direct from the agency and Government bodies that regularly arrives on my desk. How do Companies avoid all of this? Unless of course ignorance has been by design!

No action taken?

Perhaps it is because I am a sceptic and of course have witnessed and seen for myself that it is only the open and honest amongst us that join in by registering in the first place, but is this another case of no action being taken to ascertain who has not registered? Because the Data Protection Act was introduced in 1998 and the sceptic in me has to consider the implications of action only just being taken to pursue those who have failed to register!

Recent legislation promises.

I have recently reported through these pages, in a blog about legislation on the 8th of February, where the Government stated that sufficient legislation existed for the Councils to take action against rogue Landlords. The problem being they are too understaffed to do so, as I have been advised myself by representatives from my own Council, so is this the evidence of how long an act has to be time served before action is finally taken, thirteen years!!

Conclusion.

So sceptic that I am, I trust I am incorrect in my assumption, time will tell! But as a Landlord, this is just one more job than I am surprised most be carried out when checking the professionalism of your chosen agent (No apologies for the use of the prof word again!) when surely a simple registration which would have to include such requirements would clarify the issue for all concerned, or is that just me going on again!

15Feb 2011

Property Landlord advice: Letting Agency visits a must.

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By Steve Roulstone

There is no doubt in my mind what so ever, that the Property visit for Landlords in a fully managed scenario, is one of the most important functions carried out by the agent on behalf of the Landlord. It works so well on so many levels that when I cannot understand why any professional agent should not carry them out.

Landlord benifits.

When you receive a report that the property is or even is not, being looked after by the existing Tenant, means that as a Landlord, you know that the agent is on the job and that you are receiving a return for the monthly fees being charged. A report on the current Tenancy, which should in my opinion (and practise and I am not alone!) be carried out every three months especially with a new Tenant can put your mind at rest about the property, or give an early warning about what may need to be done in the future. Whichever way this plays out, this becomes a strategy and the best way to manage any situation is to plan in advance and that is exactly what happens when holding regular property visits.

Tenant benifits.

Now what is not recognised so readily, but is an issue that I have seen firsthand, is that the same visit also gives the Tenant belief that the owner of the property cares about its condition (this to me is why so many Tenants talk about their agent as their Landlord by mistake, because the face of the Landlord IS the Agent and they know somebody cares!) and it is very important for the person paying the rent to know that they are not alone in being responsible, financially or otherwise, for the home they live in and pay to live in!

No losers!

So everybody wins when visits take place, but make sure it is organised well and legally, badly dealt with this could cause more problems than NOT visiting, but I continue to experience first hand that it can be difficult to get Landlords to carry out direct visits themselves especially under self Management, but what they do not realise is the harm it does to the perception of them as Landlords by the Tenants! I have stated before and firmly believe that if Tenant requests continue to be ignored by Landlords those very same Tenants who want action because they care, will stop doing so and that can only be bad news for the property itself.

Difference between Inspection and Visit?

Technically none, but it is worth pointing out that to the true definition of the word, it is Property Visits we carry out and not Inspections. Many years ago an Agent was successfully sued for failing to report on the failing condition of a property as part of the ‘Inspection’ which resulted in heavy cost for a Landlord which could have been avoided should the problem have been spotted at an earlier date. This then opened a can of worms for Agents and a better defined ‘role’ and ‘description’ was utilised, that I feel is better described as a ‘Visit’ to carry out a ‘Check’ on the manner in which the Tenancy is being carried out. This removes the risk on us not noticing that the chimney stack is cracking and the cost of replacement for not reporting at a time that remedial action could have been carried out!

10Feb 2011

Rental Issues: Do tenants need home insurance?

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By Felicity Hannah, deputy editor at moneysupermarket.com

If you’re a tenant, do you still need home insurance or will your landlords’ cover protect your belongings? We take a look… Renting can be a trouble-free way of putting a roof over your head. No maintenance costs to meet and no housing market worries. In fact, with many rooms let on a bills-included basis, some tenants don’t even have to worry about paying anything except their rent. This can make it all too easy to forget about Home Insurance cover or to assume that the landlord’s policy will protect your possessions if disaster strikes. But in actual fact, the vast majority of tenants will need to buy their own insurance policies. So what do you need to know?

 Home insurance cover for tenants

 When people refer to ‘home insurance’, they are lumping together two different kinds of protection – contents and buildings cover. Roughly speaking, if you picture your house or flat being turned upside down and shaken, then everything that falls out would be covered by contents insurance and everything that’s attached would be protected by building insurance. Anyone with a mortgage needs to have buildings insurance as part of their agreement, so your landlord’s policy would pay out if a tree toppled into the roof, for example, or if flood waters destroyed the wiring. However, without contents insurance, your personal possessions aren’t protected from fires, floods, thieves, accidents and other disasters. 

Do I need contents insurance?

 Unlike buildings insurance, there’s no requirement for anyone to take out contents cover – but it’s essential for peace of mind. Although some cover exists that is specifically designed for tenants, for most people, a standard contents insurance policy will be perfectly suitable. Make sure you shop around for the best price but remember that different policies vary and the cheapest isn’t always the best. Be confident you can afford the excess and consider paying a bit extra for new-for-old replacement cover. That means the policy would pay to replace items with equivalent new versions at today’s prices. You can add out-of-home cover, meaning your belongings are insured when you carry them out of the house – that’s especially good for technology and jewellery. Don’t skimp on the cover you need, you don’t want to be left out of pocket in the event you have to claim. You’ll have enough on your mind if that happens without worrying about whether your policy will pay out enough.

 How much cover should I have?

 When you apply for a policy, you’ll be asked to estimate the value of your stuff. Be as thorough as you can about this, don’t leave yourself underinsured. Go from room to room and assess the worth of what’s in each. Underinsuring yourself can cause serious issues if you need to claim. If your home’s contents are worth £20,000 collectively but you only insure them for £10,000 then your insurer may only agree to pay for half your claim – even if that’s for less than £10,000.  

Will my contents insurance protect my landlord’s furniture?

 Most contents insurance policies will only protect the possessions of the policyholder and their family. However, you may want your accidental damage cover to protect any furniture that belongs to your landlord, so you can avoid losing your deposit. Check with your home insurance provider if it can provide this additional cover. Some tenant-specific policies may well be able to do so.

 What if I live with my landlord?

 A large number of tenants actually live with their landlord, renting a room in their home rather than a whole property. If you’re in that position then you may find it hard to insure just your own possessions, especially if you don’t have a lock on your door. Ask your landlord to check with their home insurer if the policy can be extended to cover you as well. If not, look at a specialist policy for tenants.