Tag Archives: Letting Agents

By Steve Roulstone

This time of year, as agents visit the properties under their charge, the most common phone call to the Tenant, if they were not present during the property visit, becomes the request to tidy the Garden. So often the Garden, especially when the house concerned is a family home is so well tended and designed that when the property is let expectations about the manner in which it is kept can be misinterpreted resulting in disappointment at the very least and in some cases frustration and anger.

The problem.

We all know a tidy garden helps us rent the property, but Landlords need to understand that when they rent their property, whilst it is the Tenants responsibility to look after the house and garden in a proper manner, this does not necessarily mean it will be kept in the style you would wish. It is the translation of the term ‘proper manner’ which can cause the problem. If such a matter should reach court, as periodically they do, then the Judge is in all probability going to ignore any claim made against the Tenant because all a Tenant is charged to do is keep the Garden in reasonable order and not to the same standard or manner kept by the previous owners, as time would normally be given by the courts for the Tenant to address the issue.

Reasonable Standard.

This is what would be expected of all Tenants the problem being that reasonable can just be mowing the lawn and stopping the borders from being full of weeds. This does not include tending for plants, over wintering in a greenhouse or cutting back at the appropriate time of the year. The point that needs to be appreciated is that by renting the property you are accepting that the Tenants will be allowed to live in a manner which suits themselves and not how you may wish them too. The point being, that tending the garden to the standards you wish for is not required, just the ability to keep the appearance neat and tidy is all that should be expected by the Landlord.

Covering all bases.

This means that provision needs to be made prior to the property being rented to ensure the Landlord achieves what they want for the Garden. I myself, with a wife who just falls short of sleeping in the Garden, having just moved, made arrangements for a Gardener of our choice to visit the house every week. The resulting bill we pay, but were able to rent the property with Gardens tended at a better price. I believe this made the choice easier for our Tenants as they continue to enjoy a mature garden with plants flowering throughout the year. But even with this provision, we both know the Garden will slowly suffer, as nobody cares for a garden better than the Gardener!

Rent to a Gardener.

I have of course on many an occasion, been told by the prospective Tenant, ‘oh how lovely a garden I can look after’! Only to be disappointed by the lack of efforts they then put in. So my advice and I believe the only advice that can ensure the best results, is to ensure if it matters that much to you, the Gardens are looked after by the person you appoint – which means your own Gardener. I certainly would not suggest you do them yourself, as this would not be acceptable to the incoming Tenant.

Family home or Buy to Let?

Of course it matters so much as to why the house came to be rented in the first place and as so many houses that were lived in by Parents are now entering the Rental market, it is quite often that the Garden so lovingly nurtured by your parents is so important to you in how it is looked after by others. My advice in the past has also been to carry out a major re-fit if seeing the vegetable patch turn to weeds and slugs is going to be so upsetting. By having the Garden stripped and relayed to lawn for example, you remove the problem in one go. After all, nobody will ever look after the Garden in the manner your parents did and this can be a very good way of removing the garden as an issue, in the same way as ensuring the Bathroom and Kitchen (the two most important rooms in any house) are in a rentable condition, but that is another story!

By Steve Roulstone

At Castle Estates we have regular Network Days where all of our Franchise offices get together and discuss our Industry at length. They give Franchisees the chance to discuss various issues with their compatriots, talking over problems that have occurred, sharing successful ventures and opportunities and trading methods and trends with each other. When we put these days together, we always try to have a central theme running through them, so that our offices can review what they have seen and review an area of trading all in one day. In the past these themes have been Web awareness, Property Insurance and associated products, Changes in legislation and Advertising.

Making the most from contacts.

This was the theme from this week’s get together and the success of the day has prompted me to put ‘finger to typepad’ and comment in this way. The contact and support that flow through these days mean that they become a seminal part of being a Franchisee. This, I believe is one of the major reasons that Franchising offers such a popular route to business success. Every Franchisee appreciated just how important it was for their colleagues to purchase a Franchise and respect is automatically granted. This is then shown through the discussions and ideas that flow through the day. They need to be seen to be understood, but I have never witnessed a similar scenario in any other type of Business meeting and I have attended many conferences and seminars over the years.

Property Portals

We had two portals represented on the day and both offer a different view to the market place. Gumtree only offer the Lettings Market on their site and are therefore important both as a lettings portal and by the way in which they attract the best type of prospective Tenant, whilst Rightmove as the market leader are a site that any self-respecting Letting Agent has to be seen on! As a result of the presentations, all of our offices now understand the options and services each portal offer, for as a punter you would only see the front end of the sites, whereas as a customer, there is a whole sea of reports and functionality available to us to help us understand where and why our prospective Landlords and Tenants visit us. The problem being just how difficult it is for everybody to understand the nature and power of the services these functions provide. It is safe to say that this style of day ensured that everybody left with much enhanced knowledge and will now utilise the functions to their benefit.

Landlord Insurance

Specialist Insurance is something that I have spoken about and something I recommend all Landlords to use, but again, following a procedure that has lasted a full 18 months and as a result of a Rental Industry  supplier that has listened to what we have told them and offices that have taken on board what their peers have recommended (length of service and experience being paramount) we now have a situation where the whole group is moving forward in an innovative way, using this crucial Landlord requirement.

The future.                                                                                                                 

Add the specialist software designed to ensure we make the most from website visitors that we discussed and the meeting was heralded by all to be a great day and this is the point. Only with Franchising are such progressive steps made so easily, because of the willingness from all present to share, assist and develop everybody’s business, not just their own. It is in the interest of every Franchisee to see progress for all offices in the network and there, in finishing this article, is that word again:

 Network: only truly available through Franchising!

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!

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?

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.

by Nick Strong, MD www.SelectYourFranchise.com

Lettings agent franchise networks are understandably excited about the potential for market growth in the buy to let market sector in 2011.  In the recent budget George Osborne made it easier for large investors to enter the buy-to-let market. 

 The coalition government has identified buy-to-let as a way of solving the housing crises that has been exacerbated by the difficulty of first time buyers accessing funding over the past two years of recession.

 Buy-to-let opportunities have therefore been opened by stamp duty reform.  So much so that Aviva, which has been lobbying for reform for some time is seeking to put together a £1billion fund which could be enough to purchase 5000 buy-to-let properties. This is because stamp duty on the purchase of more than one property will now be calculated by the average value of the properties, not the bulk value, which the industry has campaigned for.

 It is understood that other institutions and pension funds who have eyed the sector are Aegon, Terrace Hill, Legal & General, and LaSalle Investment Management. Property agent CBRE has estimated that institutional investors have allocated £7.5bn for residential property.

 It is thought unlikely that these initiations will want to manage their own property portfolios given the difficulties that the likes of Countrywide experienced when they entered the property market.

 There is clearly the opportunity potential for Letting franchise sector business to grow if large investing corporate decide to distribute their buy-to-let portfolio via agents with significant access to market across the UK.

 Steve Roulstone, MD of Castle Estates said ‘I have been lobbying for changes such as this especially through the pages of this site, for some time now, as I firmly believe that by easing the way for Landlords to start investing again we will start to build confidence in the property market again. Nobody is asking for financial restraints to be removed completely, as nobody sensibly wishes to go through a period of unrestrained growth that could then result, but sensible steps such as easing tax burdens imposed on Landlords can only help’.

By Matthew Carter

Lots of letting agents are still questioning whether twitter is right for their business. The primary role of twitter for a letting agent is to connect with their local community, be more accessible to their potential client base, promote their latest properties and generate business leads. I started a twitter account for our business back in 2009, over the years I’ve picked up a few tips that you might find useful:

  • If you’re new to twitter you might want to follow lots of people to start with to inflate your own follower numbers – you follow them they might follow you back – simple (remember the more followers you have the more people there are to see your tweets – potentially).
  • But do your followers care what your business is saying? Possibly not, so after a few weeks start to be picky about who you follow and create you own niche/community this could include existing clients, potential clients, trade press, and competitors (why not keep an eye on them?).   
  • Make the most of lists – I utilise lists in twitter this way you can keep track of how many clients or potential clients are following you
  • Get it on your phone – it can be difficult to tweet when you’re busy, so register your business profile to a mobile twitter App this way you can do it on the move! (You don’t necessarily need an iPhone)
  • Keep it personable – relax a bit, use your tweets to get the more human side of your company or organisation across from time to time
  • Show of your knowledge every now and then – You want your customers to know that you’re a thought leader so, comment on the latest industry news, flex your grey matter – show your customers what you know and why they should chose you  
  • Get your twitter feed on your website (not just a link!) – this can be great for Search Engine Optimisation, the content is constantly changing and you’ll be using keywords in your tweets that could help you float up in the Google rankings     
  • Link twitter to your facebook page, this way any facebook updates go straight out as tweets! (I usually use twitterfeed.com)
  • You can also create a news feed in Google reader and link it to your twitter account, subscribe to stories and keywords that you customer base might find interesting in Google reader – ‘share’ a story and it appears on twitter (again you can use twitterfeed) 
  • Use tiny cc to shorten your links – more space to get across what you want to say! You can also chose the name of the link to make it more appealing 
  • Add a link on your email footers – let your customers and suppliers know that you’re contactable through twitter 
  • Make sure you link to any articles or PR that you might have been mentioned in to help spread the good word and give your PR more longevity (and hopefully more exposure)
  • Get some conversations going, take the time to comment on your clients tweets and strike up a conversation
  • Report the success of twitter – let your board know about twitter, don’t keep them in the dark! Who’s following you? How many referrals from twitter does your website have? How many people follow you? (You might also like twittergrader to keep track of your stats) 

 

By Steve Roulstone

The National Approved Lettings Scheme (NALS) are to champion a new Kite mark for Letting Agents with compliant CMP (Client Money Protection) and as the owner of the Castle Estates brand, I would like to throw my weight totally behind the scheme and the principals that the scheme promotes. I have long stated through these pages that I firmly believe in and openly support any move towards confirming professionalism in our industry and can only congratulate those behind this move.

Public will benefit.

Every Agent should embrace this scheme, which is free for those who already have CMP. It is now down to every qualifying Agent to sell the system and advise our Landlords that we both embrace it and what the scheme means. In simple terms, every Agent who carries this Kite mark will by definition, protect and insure the Landlords money. It is time for us not to just sell the advantages but also make sure that both our existing and potential Landlords are aware of the implications of NOT being able to display the Kite Mark. It is time we stood loud and proud and waved the flag of Professionalism as often as possible!

Government take note.

But to me this is also an opportunity to say to the Government that as an Industry we believe they made the wrong decision in not following through with registration of Agents as recommended by the Rugg review of 2009. This is another reason why I champion the decision, if the Government will not support us as an Industry through legislation, then as an Industry we must legislate ourselves. I am not suggesting we do not need the Government, because as the report (link above) states, this is not law, but hopefully, sufficient Agents will adopt this opportunity that the Government has to take note and will in time back us with the type of legislation that will once and for all confirm our Industry as Professional.

Why do we need legislation?

As an Industry, like so many others in difficult times, we are offering our services at reduced rates through Competition. I firmly believe that no matter what price we offer our service, they should always be accompanied by the Guarantees offered by CMP and professional membership to bodies such as NALS and ARLA. Such membership does have its costs, which can be significant and along with having qualified staff to carry out the full range of services that a Professional Letting Agency should offer we can quite often find ourselves competing at a disadvantage to Companies that risk the implications of operating without Guarantees for their clients and at a reduced level of service.

Legislation equals Professionalism.

Unfortunately the papers are still full of Offices that have collapsed because of discrepancies in Client accounts (monies held). Confirming the continued need for legislation, especially at a time when so many have been attracted to what is unusually at present, a growing market. Further proof of this is the Financial Increase we are currently paying for continued CMP cover. An increase which comes about purely because of claims made against the scheme. In summary, this Industry is doing something positive to combat the difference to services available, but the Government can make it happen through Law. The Kite Mark is therefore very welcome, but legislation is still needed and as soon as possible please, in the meantime we can show our commitment by joining and letting the public know, why and what difference professional Agents make to this growing industry.

By Steve Roulstone

It is time once again to stress the importance of Landlords Insurance in the rental market, as we approach another year of difficulties in the workplace. This at a time when record numbers of properties are coming to our market sector and in many cases the demand for rental property is outstripping the supply, the risks MUST be understood by Landlords and the added security of such Insurance Policies as far as I am concerned are the minimum requirement for Landlords, especially those who are renting property for the first time.

Nobody can be secure.

I am not alone in promoting the values of such Insurance and the common sense reasoning is there for all to see. With a policy that protects both the rent and covers the costs of evicting a Tenant, at a time when redundancies are growing (This BBC News link will confirm) Letting Agents should be suggesting that all Landlords take such a policy as a matter of course as no Letting Agent can confirm that the Tenant that they source for the property will not be one of those who may suffer this fate themselves.

Solutions do exist.

 

Of course, any professional Agency will have their tried and tested systems to show how arrears are dealt with and dependent upon the situation surrounding the Tenant (who will always be professionally referenced) could negotiate the surrender of the property on the Landlords behalf and of course with the Landlords approval. But with the best will in the world, and with the best of intentions, no Agent can either stop problems occurring or be able to foresee the manner in which Tenants may react to bad news.

Cost is not prohibitive.

 

With six month’s rent and legal expenses covered for as little as £100.00 in some cases, and as a Landlord myself, I can see no reason why this peace of mind policy should not be taken, but it is not just new Landlords that should take advantage of the policy, I believe all Landlords should consider doing so no matter how long they have rented their property. This cost when considered against the risk, whilst proving that the risk being covered is not a common problem (No insurance that covers a cost risk of several thousand pounds if claimed upon on a regular basis could still be available at such a low premium) is at such a low cost that it really should be taken against every property let, because when a Tenant neither pays or moves on it is not only the fact that it is such a costly process to the individual Landlord against the property concerned, I have also witnessed just how upsetting and time consuming it can be to the owner.   

Peace of mind.

 

It is the comfort factor alone, that income and legal expenses are covered that gives Landlords this feeling that at least they do not need to worry as professionals deal with the situation on their behalf. Instead of having to find a solicitor who not only understands property law (Not as common as you would think in the High Street) but have to be involved at every stage of the process themselves in the decision making, the policy ensures that professionals take all of these decisions on your behalf, as they ensure the matter is dealt with as swiftly as possible, simply because they are the ones paying if the matter is not dealt with in this manner, so yes I advice taking out this peace of mind insurance, perhaps the question should not be why, but rather why not?

By Mike Edwards

The starting point and the fundamental factors in determining whether you are dealing with a Resident Landlord (ResLan) or not is whether the building is largely as originally constructed or has been converted. Or a purpose build block of flats no matter how small. If the latter and the builder/Landlord reserves one of the units to themselves not a problem it can never be a ResLan case. Similarly if the Landlord does not use the property as their main residence then equally it will not be a Reslan case.

What is a RESLAN Tenancy?

For it to be a ResLan tenancy therefore one of two things must happen, but in either case the accommodation must be self-contained even if it is a shared communal access – such as the hallway of a converted house. The 1988 Act says quite specifically that if both Landlord and Tenant live in the same original building and it is not a block of purpose built flats, then the tenant cannot have a 1988 Act tenancy. Therefore if you have a self contained flat upstairs and one downstairs and the landlord lives upstairs and the tenant lives downstairs, the tenant can have a Common Law contractual tenancy, but not an AST because it is Resident Landlord, and that puts it in the excluded category.

Licensor and Licensee.

Next assume a simple house and the tenant has their own bedroom but shares the kitchen (even if meals are not provided). If the Landlord was not living there this would be a Hybrid AST situation like any other sharer. But if the sharer or one of them is the Landlord then this is a typical lodger agreement and only a license will be granted and the wording throughout will be Licensor and Licensee – though in construction it could look very much like a normal tenancy agreement. However that may look like overkill for what is a fairly informal arrangement compared to a full blown tenancy. If the occupier where the Landlord lives in the same building (as originally constructed though possibly converted) shares any of the essential living accommodation (bathroom, kitchen even a lounge) then that occupier does not have exclusivity over all the accommodation and is a licensee and can only be granted a licence and not a tenancy at all. For licences it is generally recommend to use weekly periodic agreements to make it easier to get rid of co-habitees who the Landlord ends up not rubbing along with. Basically if you grant the licence on an initial fixed term and payment period of a week then you are contractually bound and can have complications and longer notice periods.

Notice procedure.

If a weekly licence is granted then a simple letter stating all the necessary detail and dates and giving a week’s notice is all that is required and no Court Order is needed to evict either. If it is a Common Law tenancy (Landlord living in same property and tenant having exclusive accommodation again like the flat example above) then a normal Notice to Quit is used giving a month’s notice. As far as tenant or occupier protection and rights are concerned all occupiers who are licensees or tenants are covered by the Protection From Eviction Act 1977 (PFE) except those living with a resident landlord, where a Court Order is not needed. Hence the weekly licence.

Check PFE status.

If they do because they are a tenant then you will have acted illegally if you evicted them only with a letter giving them a week and then entered their room and put their belongings out on the street. You can do this if they are a licensee and don’t leave at the end of the week’s notice – but you cannot if their status gives them PFE protection meaning you should have given them longer notice (minimum one month) and obtained a Court Order

Link to Res LL Part 1