Category Archives: Lettings

17May 2011

Rental Issues: Reserving a rented property whilst a Sale completes.

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By Steve Roulstone

Rental Issues: Reserving a rented property whilst a Sale completes.

This is one of those issues that whilst rare does occur now and then and always causes confusion. I think clarity would help so that potential Tenants understand where Letting Agents are positioned and why we have to do what we do. It has happened at our office in Stafford again recently and it is the matter of how long we are prepared to hold a property before Tenants accept responsibility (sign a Tenancy agreement) that is nearly always at question. Under normal circumstances and with so many Tenants in the market at present, this problem does not and need not occur.

Legal position.

Tenants are only legally bound to pay for a property from the day they actually sign the agreement and of course Tenants do not wish to do so if they are subject to a sale which has not completed or could indeed collapse which seems to happen more often in recent years. Nobody would want to accept a minimum of six months liability for a property that should the sale collapse, you could neither afford or equally wish to use as your home. This is why Agents will quite often ask for payment from a date in time without signing the agreement as a payment in good faith but without committing the Tenant to legal documents which have far more lengthy implications.

Holding a property.

What needs to be realised is that Letting Agents have a legal responsibility to provide the best service and advise to the Landlord because of our legal position (as Agent of the Landlord) What also needs to be considered is that the Landlord will need to earn income from the property for as many days possible. Agents will do whatever they can to avoid void periods for Landlords, it is easy to see why anybody who owns a property as an investment, which is of course exactly what rental property is wants to earn rental income for every week possible. This is why once we have found a Tenant we will (in most cases?) confirm that we allow a four week period under normal circumstances for the move to be completed.

No similarity with sales.

This of course is the rub, there is nothing in the two processes which are alike, indeed the only comparison would be to expect Building Societies to allow payments to be suspended during the same period, so you can see how one sided the effect of waiting for a sale to complete now sits! Therefore we have to proceed in the best way possible for our Landlords and during a period where the rental market continues to improve, people who are renting after selling are not necessarily so attractive as prospective Tenants. I have known situations where sales collapsed after a seven week wait and resulted in the Landlord having a three month void period. Position this with our legal responsibility to give best service and advice to our Landlords and perhaps the situation becomes more understandable!

Co-operation required.

It is of course an emotive subject as anybody who has gone through a house sale nowadays would know. So we have to ask for co-operation from prospective Tenants under these circumstances and interim payments to reserve the property without asking for a legal commitment by signing the Tenancy agreement are a half way house which I believe offers both parties the ability to proceed and still deal with whatever the legal process of house selling throws at us, what we ask is that Tenants understand our liabilities and can co-operate in the same way.

12May 2011

Current Property News: Shelter Campaign launched supporting Licensed Landlords.

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By Steve Roulstone.

Shelter have produced a video in support of their call for action for the licensing of Landlords. It is an over the top production in the picture that it purveys, but there is no doubt that it does get the message across very well.

Dodgy practises.

It manages to cover several dodgy practises in a very short time, including illegal eviction, lack of proper procedure, unfit housing to name but a few, I would recommend all to watch it not just because of the content, but because as an industry we should think how Shelter feel they need to promote this issue to highlight the trend they report to have witnessed in recent times. Please note carefully, that during the video, Agents are added to the situation as being part of the problem!

Several messages.

At times it feels like those of us who are constantly calling for legislation to support us in our professional aims are knocking against closed doors, so I am grateful of any action that highlights the need for Registration of both Landlords and Agents. But it is a pity that it is not our own Industry professional bodies that are not the ones shouting the loudest! We need to recognise that many would see this video as a true representation of our Industry and not that farfetched. Agents, Landlords and bodies that truly care should be joining the call for the Government to take up the recommendations of the Rugg review of 2009. Otherwise, whilst rogue Landlords still exist and the evidence is still present for all to see, this tardy image will never go away.

Hard Times.

We should all be aware that during harder financial times for us all, the temptation to cut costs and corners is high, so whilst I feel Cambell Robb’s (Shelter CE) comment that ‘Landlords are cashing in’ a bit too simplistic and an easy jibe to make, we cannot hide from the fact that Shelter’s Campaign casts a very poor shadow across the whole of the rental market and it’s effect will touch us all one way or another. Follow the link above and you will not find one shred of comfort in the headlines, comment or follow up added to the page.

Join the call.

So yet again I find myself singing the same song, but this time my comments are directed towards the bodies that govern our Industry, the very same bodies that should such legislation be introduced, would want to be the people who oversaw its introduction, have a large say in how it was put together, would probably wish to police it and most importantly want to set the standard by which Landlords and Agents could be approved! I feel that the fact that organisations such as Shelter should be the party to start a Campaign and petition to promote professional standards reflects badly on your own efforts, efforts which we fund through our fees. Think and reflect on why your thunder has been well and truly stolen – this should be an Initiative that we should control within our own walls!

10May 2011

Property Landlord advice: Renting with white goods and part furnished.

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By Steve Roulstone

One of the roles of my position as Franchisor is to hold regular update meetings with other Castle Estate Franchisees. At a meeting held this week with a relatively new Franchisee an issue was raised that every agent has to deal with at one time or another and no matter which way a landlord wishes to get round the problem, leaving white goods and some furniture at a property will always remain a Landlords responsibility and my advise has always been simple – don’t!

White goods.

Once left at the start of a Tenancy, there is no clever way to stop white goods being either the responsibility of the Landlord or the subject of a dispute if and when it breaks down! I have spoken to so many Landlords who believe that by leaving a fridge their property will be more attractive to any potential Tenant. The truth is it is not and in simplistic terms, why worry? If an incoming Tenant cannot afford a fridge themselves, then they are probably not the Tenant the Landlord would wish for their house in the first place (Not including a cooker of course, which should always be supplied!)Plus what happens to the fridge they already own? Better remove both the goods and the responsibility in the first place.

Fitted white goods.

Now we have a situation where there is no simple answer, as fitted goods need to be maintained (and that does include the Dishwasher!) and when removed the property becomes less attractive. We need to think what our own reaction would be to being told we need to find our own washing machine for that hole in the cupboard? Of course this will be white goods we would probably never be able to use again, as fitted white goods are either smaller in depth or may not look pretty when installed without the cupboard surrounding it! Now be honest, would we seriously purchase our own in these circumstances?

Part Furnished.

Now we come to the worst of all scenarios, as I can absolutely guarantee, that should we find a Tenant who does need a three piece suite and a double and single bed first time round (providing of course that it meets safety requirements) we will not second time. Eventually you will end up removing all furniture as Tenants come along with their own bed and three piece, so rather than reduce the market to whom the house is acceptable, my advice is always remove all furniture now, for unless it is fully furnished (which is still a very small percentage of the overall market ) the furniture you do wish to leave will end up being a problem earlier or later in the lifetime of the rented property.  

Simple solution

In the end the advice to the Franchisee has not changed since I carried out the role myself, where possible remove white goods and furniture. Where it is to the detriment of the property, leave them but accept responsibility for maintenance. As far as furniture is concerned, unless fully furnished, remove all furniture from day one and make the property more acceptable to more of the market. All said with one rider – where the Landlord insists, we carry out our customers wishes!

06May 2011

Property Landlord advice: Rental horror story holds lessons for us all.

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By Steve Roulstone

Once in a while, and thankfully such occurrences’ are less common, a story comes along which encapsulates the problems that exist in our Industry all together. A story reported on in Letting Agent Today does just that. It is to the credit of the party concerned that they have viewed the incident in such a way that they are able to offer up the story to others as a lesson to be learnt.

Constant vigilance.

Within our own group, we have always ensured that our paperwork is constantly reviewed, even when problems occur and we can see we have done everything possible to carry out our responsibilities to the full, we still review processes and make changes if we believe we can further improve our service in carrying out our duty of Agency to the Landlord.  In this case it seems several essential services were not carried out correctly.

Referencing.

For me there is only one form of referencing and that is to use a professional referencing agency. So often we hear of Letting Agents who ask for references and proof of employment from Tenants and check them out themselves. The problem is clear for me, unless you have access to the information that a professional referencing agency does, there is no way you are able to investigate in full a Tenants history when problems would soon be found out. This is why Tenants with a poor history use independent Landlords fearing that referencing will find them out, so it is doubly disappointing in this case that the Landlord should suffer poor referencing.

Insurance.

Of course once a Tenant has passed professional referencing then Rent and Legal expenses insurance can be taken. It does not take a brain surgeon to understand why such Insurances are only available against Tenants that have passed such referencing in the first place. It has long been a recommendation of mine and I have written about the need for Landlords to take out Insurance recently.

Property visits.

As a Tenant I have just spent the last two months encouraging my Landlord (Privately Managed) to visit my Wife and I in our rented house, purely because of how important it is for Landlords to be confident that their property is in good hands. In the case of a managed property, the agent should carry out this work and when done correctly, and early enough, Tenants can be assessed in their property at a very early date, ensuring action can be taken earlier rather than later if they are failing to honour the agreement. Enabling notice to be issued at an early date if needed and always on an initial six month agreement, unless negotiated earlier, as for all practical reasons, a break clause after six months is the same as a six month agreement.

Professional management summed up!

It rather sounds as if this problem could have been dealt with cleaner and earlier on the Landlords behalf if all of the above had been followed correctly. At the end of the day you need to understand what the implications are of standing in the Landlord shoes, then and only then can you ensure you offer the best advice and service to your customer. After all, to do so is to carry out the role of agent in the correct manner, what other manner is their?

03May 2011

Franchise News: 5 Good Reasons to Choose a Franchise Opportunity

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By Joel Caws

Selecting a franchise business as a route to starting up a business can be a great choice. Like anything, there will always be two sides to the coin, but lets look at five important characteristics that a franchise can offer in contrast to a non-franchised business venture:-

1. The Franchise Business Formula

The heart of any franchise business is its franchise formula. This is primarily comprised of the business structures and processes that make the business happen and that make it a potentially profitable venture. These elements make up a core part of the franchise manual that becomes a new franchisees ‘bible’ to read and follow, in order to reproduce the achievement of the original franchise pilot businesses.

2. Proven Track Record

The good thing about a franchise is that you can often talk to other aspiring business people, just like yourself, who are already running the franchise opportunity you are considering as a business. The franchisor will usually be able to provide a list of franchisees that they are happy for you to contact which can act as references for the franchise venture. It can give you extra peace of mind to speak to people who have already travelled the road you are on and have already taken on, and are actually running day-by-day, the franchise business.

3. Training & Support

Unlike starting up business by yourself, franchise opportunities are usually provided with a level of training and on-going support. This is to enable you to run the business effectively and successfully by understanding the franchise formula and how to apply it to the day-to-day business activities.

4. Financing

The majority of high street banks have franchise sections that specialise in funding franchise business start-ups. You will still need to prepare your business plan, but having the weight of a franchise system behind you can give the bank some extra assurance that you are working with an already established and proven business concept. This may give you an edge in getting any funding you might need.

5. Franchise Association Support

There is plenty of help and support offered to those considering franchising as a route to starting a business. In the UK, the British Franchise Association (bfa) is an organisation of which many franchise businesses are members.  The Association helps to promote ethical franchising in the UK and it can therefore give some extra peace of mind if the franchise system you select is a member. Additionally, the bfa can be a resource for any other help you might need such as pointing you in the right direction for professional support such as for legal and financial issues. Other countries have similar franchise organisations in place to hope promote franchising in their respective countries.

Finally, its worth bearing in mind that, a franchise is a business like any other. A willingness to work hard, be determined and dedicated to the franchise system, are all essential to give you the best possible chance of success. A franchise in itself is no guarantee of success, but it does give you the chance to get out of the starting blocks running.

29Apr 2011

Property Landlord advice: 'Local Housing Allowance cuts' interpretation still in the grey!

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By Mike Edwards

Many Landlords aware of the proposed cuts in Local Housing Allowance (LHA) formerly Housing Benefit understand that the cuts only apply to new tenancies commencing from the 1st of April onwards. But we have become aware of a case where the tenancy commenced on the 16th of March on a 12 month tenancy. The rent was £2300 a month on a London 5 bed house which the local LHA office had agreed to pay when the claim commenced on the 16th March.

However in early April the tenant received notification that as from the 1st April, LHA of £1500 only would be paid. Can this significant shortfall be right?

If the LHA prove to be in error and will in fact pay the agreed figure of £2300 for the 12 month duration (because the tenancy was created before the 1st of April deadline when the changes were introduced in London), this raises another question. What of existing tenancies created before the deadline which have gone periodic? My guess would be that a periodic has the same new rules applied. After all it could stay periodic forever and never be subjected to the changes which rather defeats the object of them. 

The danger here is how the new rules are interpreted, and local variations are not unknown as with Council Tax where, for example, when discounts applied on unoccupied properties some CB offices said a property had to be uninhabitable as opposed to what the rules said – uninhabited!! Similarly when the under 25’s rules on the then Housing Benefit came in many years ago they were only supposed to apply to new claimants not existing ones and not even on their annual reassessments.

In fact many HB offices (wrongly) reduced the payment down to the new room allowance for all under 25 year old existing claimants though admittedly from their next annual reassessment.

In terms of what an LHA office will allow and what they will not they are bound by the terms of the Regulations and the rules are clearly laid out in the guidance manual at http://www.dwp.gov.uk/docs/lha-guidance-manual.pdf  and scroll down to

8.030.  

But there are a number of possibilities in this particular case. Firstly, this could simply be a misunderstanding. The rate for that property is capped to a 4 bed rate from 1 April, but any existing tenants would enjoy 9 months transitional protection. It is possible that the letter from the LHA office is simply informing of the new benefit level, ignoring the protection that exists for any current tenant. So maybe the LHA office will honour the existing rent for one month only before applying the cut?

26Apr 2011

Property Landlord advice: Poor condition of Private Property to rent raises more causes for concern.

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By Steve Roulstone

 As this report shows, it is still not difficult to find evidence of poor standards in the Private Rental sector. Yet again the Industry as a whole suffers from the performance of one individual as we suffer by reflection, although I note there is no mention of an agent in this case. The frustration for me as a Letting Agent is that we are available to give the kind of advice that would ensure standards could be upheld should we be asked, and of course listened too!

Property shortages do not help.

As I am only too aware, during periods when available housing to rent is at a shortage the limited choice means that many will not have the options they would appreciate when choosing a property to live in. I have just experienced something similar when looking for a Country property and only because I happened to look very early one day and by an incredible piece of luck (the person I asked for directions was part of the family who owned the property; access gained no more than thirty minutes later!) did we manage to get first ‘dibs’ on a Farmhouse close to where we work. But for those who are not so lucky, they can be forced to take the best of what is left and of course conscious decisions cannot form part of the process.

Professional links.

Just like the new Kitemark being pushed by our industry at present, professional links for both Landlords and Agents would allow people to have a considered decision to make; lack of available property removes that decision in so many cases. Not that I would ever discourage anybody from forging such links, as the person reports from the local Landlords association, poor Landlords do exist and the more we bang the drum about professionalism the better we will be heard. So whenever possible Tenants should look for some kind of link with a body who promote good standards to give them some re-assurance about the lease they are entering in to and the future maintenance of the property they wish to call home for the next few years.

Advice is needed.

As the property programmes show, good advice is not always listened too, but when it comes to basic standards, unless a Landlord has asked, or been offered advice by somebody within the profession, then there remains nothing more that can be done to say if the Landlord then goes on to look after the property in question and therefore the Tenants who will presumably be paying the Landlords Mortgage or giving them a good living, or if they take the opposite view and look at the situation purely from a financial standpoint, which is surely what causes the majority of problems for Tenants and just will not spend on basic housing standards that most of us would view as second nature. (and of course is covered by Government legislation)

Another call for registration?    

The result (indeed the National picture) is more proof of the need for some form of legislation to put a stop to the ease with which people can become Landlords without even asking one simple basic question about the Tenants rights, even though they are going to have such an influence on the standard of the Tenants life for the duration of the agreement. At present the need is becoming greater as Landlords, being no different than anybody else protecting their income at the moment, look for ways of cutting expenditure where possible. But when that decision effects the life of others, that’s when we should be able to turn  to those who legislate the Country for support, but hopefully the comment from the Housing Minister Grant Sharps, that the situation was under review in the medium turn suggests that the banging is beginning to get through!

21Apr 2011

Current Property News: TDS Figures from DPS seem impressive but do not give the whole picture

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By Steve Roulstone

The Deposit Protection Scheme has recently had some figures released in a recent press article and on the face of what they state, they do look impressive. Indeed, I would say that the scheme has been vindicated as one of the best available to Agents and Landlords as they approach ¾ million active deposits. I could not help but notice though a couple of what I believe to be very pertinent facts behind the figures, which in no way reflect on DPS as an organisation, but what they do show is that the Industry is still far from committing itself 100% behind the legislation.

Where have they been?

Firstly and separated from the main section if facts and figures  in the report is the somewhat surprising fact that as a Company, DPS are still registering around 200 new Landlords a day. This is allowing for working days alone, a rate of around 10,000 a year. Now my mind immediately asked where they have been until now, because even allowing for cross registration when Landlords decide to change or indeed new Landlords coming to the system for the first time, this figure shows a large percentage of Landlords were outside of the legislation, which do not forget, is now four years old.

Time for teeth?

It would be interesting to see if companies such as DPS, who of course must accept the contact and register the deposit at face value, actually take data about the history of the Tenancy. For those of us who wholeheartedly accept and encompass such legislation, do so with the hope that the legislation will deal with those who do not. Of course I am fully aware of the costs and penalties associated with not registering a deposit, but surely there has to be a time when you have to ask Landlords to prove why deposits for the property concerned were not registered prior to this date and for me four years is long enough for such situations to be questioned!

Landlords found wanting.

The second and more important fact that most Agents would have picked up on will be that two in three adjudications where sole culpability was awarded was awarded against the Landlord. Now what I would like to know and I believe should know, is how many of these cases (3518 in number using the figures quoted) were tenancies in Management and how many were through Agents. I am aware through the cases involving Castle Estates that where the correct paperwork and procedures have been presented, that the Landlord is usually successful, because if we believe that he would not succeed, we would recommend settlement and negotiate with the Tenant rather than go through adjudication in the first case.

Proof is in the figures.

The figures that I believe should be included in this release are those confirming how many unsuccessful Landlords were self managed? And indeed it would be good to see what percentage was managed by unlicensed Agents who are not connected with Industry regulators. (NALS, ARLA, RICS) This is an age old problem and such numbers would indicate how successful the recent legislation introduced by Government has been at changing the face of the Industry. So conversely we would also need to know what percentage were Managed by what I have always referred to as Professional Agents who do believe in running their businesses to the standards set by such bodies. The second half of this request is probably impossible for DPS to judge, but I believe that we would start to see justification of our shout for professional registration for all Agents and Landlords if they were made available – anybody listening?

18Apr 2011

Rental Issues: Tenant Referencing disclosure eases the way

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By Steve Roulstone

One of the advantages of being part of a Company that both sells the Franchise and runs a Franchise is the close access and conversations that I hold with my Staff. For example, Suzie who has worked at our Stafford office for the last two years was telling me this week how difficult it was to get people through their referencing at present, something which in the current financial environment we could all probably understand.

The requirement is justified.

What has to be remembered here is that Landlords must have a successful reference to be able to obtain a Rent and Legal expenses policy, something which I have confirmed on many occasions, is a must in the present climate. So as agent of the Landlord, we must do what is best for our Landlords at all times, the problem can occur when the Tenant who wants to live in the Landlords house, feels that our requirements to get such a pass are either becoming expensive in the Tenants eyes (which is a problem that has been reported for years and I fully expect it to be in the news again this year) or that the requirements to achieve the pass (Self employed parents usually the problem, or Guarantors who are retired) are far too onerous for the circumstances.

Information is everything.

Of course, what every agent should do is provide the prospective Tenants with as comprehensive a pack of information explaining the process they are entering in to as clearly as possible, as well as costs associated with the process and options available as the process develops. But it is our experience that Tenants do quite often sign without reading, or pay scant regard to the content. It is only when, again in doing our job, having already assessed the situation prior to taking any costs from the Tenant, initial applications fail and we try our best to find an acceptable solution to enable the Tenants to move ahead, that the process can suddenly come under scrutiny when full attention at the commencement could have avoided this common scenario.

Openness and Honesty.

The worst case scenario for us is when the Referencing Agency come across something in the Tenants background that has been omitted from the initial information requested. Now we have a problem for all parties having advised the Landlord we have a Tenant being processed and a Tenant having to find somebody to stand in their shoes (Guarantor) to enable them to proceed. This can be the time, depending upon what has been discovered, to take the Landlords opinion, with our recommendation and bring a stop to the process. But if a decision is made to continue Tenants must understand that for both the re-application to the Referencing Agency and the additional time and effort put in by our staff additional costs will be generated and therefore paid for.

Producing effort and savings.

So at a time when Referencing Agencies are correctly taking a sterner view on Tenant applications, complications are just not needed, because Tenants must remember that the property is effectively off the market whilst we go through the process with them and other Tenants more suitable could have come and gone during the Referencing period, so our recommendations has to be to give full disclosure from day one. Honesty really is the best policy and you will either get the full effort of the Agent to guide you through the process because of this or at least be given an experienced opinion which could save you your money in the first place.

14Apr 2011

Property Landlord advice: Property Investment still stacks up.

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By Steve Roulstone

As a Landlord with several houses purchased through my time as a Letting Agent it is nice to know that my investment in bricks and mortar has been well spent and even taking the current down turn in sales and property value, the investment stands up well against other investment opportunities.

Presentation figures.

As part of a process that I undertake with potential Franchisees, I have put together figures from several sources to confirm how property has performed against its rivals. I chose figures from the last ten years; indeed the last decade 2000 through to 2010 inclusive. It is not that as agents we have to convince people to buy property in the first place, far from it, we enter the scene when owners are deciding if either the market is what they want for their property, or if having made the decision, they wish the property to be managed by Agents rather than themselves. As I point out, it does no harm to be aware of how much better bricks and mortar have performed against what some would perceive as the normal route for investment.

Property v Stocks

 Over the whole eleven year period, property produced 64% growth (National House price statistics) whilst stocks only gave a 6% return (Stock exchange growth figures) Now I am fully aware that the whole point of Stocks and Shares is to buy and sell but this is of course not needed for property so I believe it fair to directly compare one with the other. I am also aware that S&S pay dividends and the average return over the same period was an additional 20%, but then rent also counts and on average, Landlords make 10% of the rent after mortgages have been paid. When both are taken in too account property still looks ahead of the game by some way!

Not forgetting inflation.

I added inflation in (3% gain and 3% inflation = 0% growth) and then looked at information from the Barclays Capital Guilt study 2010 which did the same for Shares, Bonds and Cash. The outcome for property allowing inflation at 28.2% and after paying Tax at 25% gave property at a return of 38% and the best that either Bonds or Cash could offer after inflation was less than 3%, with shares actually losing money! Quite a result I am sure you would agree, as property outperforms its rivals to the power of 10 which all points to Money well invested!