For those who missed our January meeting, you will not have heard about the fire in one of Martyn Winfield's properties. A student tenant was studying in his front upstairs room on December 28th when he heard the fire alarm. He assumed it was a fellow housemate cooking (why can't most students cook without incinerating?) and he ignored the alarms. A little while later, when he heard what transpired to be aerosol cans exploding in the flames, he left his room to check on the disturbance and realised the house was on fire.
At this months PDPLA members meeting both Elaine Bastable and Lucy Smith from Portsmouth City Council (PCC) Housing Options team spoke to us about how they can work with us to find homes for families that would otherwise be homeless through their bond guarantee scheme, Access.
Good news for local landlords from our friends at TP Expert today, who have just heard that one of their planning appeals has confirmed that HMO's do have permitted development rights (as many councils have sought to restrict or remove them from HMO's as part of their attempts to control and limit the spread and size of HMO's).
In a month when Europe drops into what could be a deflationary spiral, oil halves in price compared to just a few months ago and retailers report falling prices in the UK, it should surprise no one that house prices may well follow. The Centre for Economics and Business Research (CEBR) is predicting prices will fall 0.6% in the year ahead, with London seeing the first marked falls for more than five years. Prices in the capital are expected to fall by 3.3%.
Our preferred insurer, Alan Boswell Group, is thrilled to announce that they have been voted 'General Supplier of the Year' in the prestigious Landlord & Letting Awards for the second year running.
The awards, which were introduced in 2009 with the aim of recognising and rewarding excellence and contribute to raising standards in the private rented sector, were held in Coventry and hosted by TV favourite Tommy Walsh. They beat off stiff competition to win the award at the ceremony.
Last month we raised concerns about Portsmouth City Council selling addresses of landlords who own or manage HMO's in the southern half of the city. The original article can be viewed here.
We subsequently proposed what we believed was an interpretation of the law which would meet the needs of the council and all other users of the HMO register whilst avoiding the issues raised by our members. Unfortunately, the Council have chosen not to accept this interpretation and continue to sell our addresses to anyone who wants them.
Following on from our piece last month, entitled Portsmouth Council Tax Student Homes (read the item here), we have had confirmation of some of the details from Ed Woodhouse, Head of Revenues and Benefits at Portsmouth City Council. The key message is that if we have an empty house with no tenants during the summer, or if we use it for holiday lets, then we should be declaring this and paying Council Tax. Conversely, if we have full time students for the whole year, then we are not liable for any Council Tax.
The Portsmouth & District Private Landlords Association (PDPLA) acting chairman, Martin Silman, has built a house! Granted it is not as grand or as large as the properties owned or built by many of our other members but in a city which is only building one third of the new properties it requires, any new build is to be welcomed. Mr. Silman admitted he was careful to keep the value low so as to avoid Stamp Duty Land Tax and that having given it to a younger relative he is concerned that he may have breached the rules on gifting, plus he may have given the young relative a capital gains issue.
Many landlords have struggled to explain to local councils that small bedrooms are OK and that many people in HMO's are happy to take a small room if it means they pay less in rent. There has been much debate about whether 'guidance' that rooms should be a minimum of 6.5 sq. metres (70 sq ft) should be enforced or not. In a surprising turn, central government in the form of the Department of Work and Pensions has ruled that any room big enough to contain a single bed can be used as a bedroom.
In Charalambous and another v Maureen Rosairie NG and another  EWCA Civ 1604, the Court of Appeal held that a landlord was not required to pay a rent deposit in respect of an assured shorthold tenancy into an authorised scheme, where there was no authorised scheme at the time the deposit was received. However, the landlord could only make use of the procedure in section 21 of the Housing Act 1988 to end the AST if the deposit was returned to the tenant, or possibly if it had been protected in an authorised scheme at the time the notice was served.
We were going to write a review of the year, but the Southern Landlords Association (SLA) did such a good job with theirs we have decided to include it here in its entirety:
What a year we landlords have had; constant amendments to rules and regulations have made it difficult for all to keep up:
In last months article on the top 3 areas where landlords get it wrong when making self-assessment submissions for their annual tax return (original article here ) we appear to have made a mistake ourselves!
In section on "Flipping between wear and tear and renewals" we stated that flipping between using the 10% wear and tear allowance to claiming for individual renewals was not permitted but you could still opt to claim for renewals of furniture etc as incurred.THIS IS NO LONGER CORRECT.
Following a recent drugs caution in the South Warnborough area, Hampshire Police are reminding members of the public, particularly landlords, that drug offences can occur in any house, in any street and the importance of reporting any suspicious activity to Police on 101. This recent incident was aided by members of the public being the eyes and ears of the neighbourhood and voicing their concerns to officers; demonstrating how important it is to report to Police anything suspicious in your area.
They have issued the following advice on how to spot a cannabis factory.
Amid all the media coverage of skyrocketing house prices, there is very little talk about house prices in real terms. In most parts of the country, house prices are back to or near their 2007 levels, but £100 in 2007 would buy the same as £126.20 today, so in real terms house prices are still down 20% from their peak. The big question with an election coming in a few months, is which political party is most friendly to landlords?