Recent news items of interest to local landlords, use the search option above to find specific topics.

We commented previously on the proposal for a new student hall on the site of Chaucer House and the former Navigators pub.  Full details of what is proposed are now available here.

Unite, who will own and manage the property, said:

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We received the following update from John Saulet of Saulet Townshend Limited, Solicitors which includes a useful update on recovering abandoned premises.

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We advertised a webinar being hosted by the Sheriffs Office about evicting problem tenants last month and this is the review we received from a member:

"Other people from the PDPLA may have attended the webinar on eviction. I have not got much out of it as I was unable to turn back to any slides either then or now. I would not be able to carry out an eviction procedure using the advice given though I might take the advice and use the sheriff officers to review the case, do all the work in court and what have you.. I think the speaker whizzed past critical details as part of a sales pitch and why not? The webinar was scheduled to be 1 hour but went on longer without me. It had a delightfully homespun approach to technology.

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At our June members meeting Jane Hoskins and the team from Southern Water gave an enlightening talk on how sewer blockages occur and why they believe that in some cases they are legally able to reclaim costs from the landlord of the property.

Their talk was informative and logical, though many key elements were subsequently contested by a number of PDPLA members.

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Some members may have seen the brief item at the bottom of the Streetwise column in The News on 16th June, thanking the PDPLA for our comments and signposting readers either to PCC Private Sector Housing Standards or the PDPLA.  Whilst it was positive PR for us, it was still a small and somewhat reluctant correction to the original misleading comments.

Read our full response here:

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For those who like to plan their expenditure, B&Q have kindly sent through a copy of the masterfile used to calculate our discounts on products when we use our B&Q Tradepoint cards.  The full list is available here.

However, to whet your appetite, some of the best discounts compared to 'normal Tradepoint users' (who themselves are seeing discounts of 5-15% over retail customers), read on...

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According to the RLA, their campaigning to challenge proposed restrictions to mortgage interest relief is starting to make an impact in Westminster, with a surge of support from Tory backbenchers.

A number of Conservative MPs are now openly challenging the Government on the changes, which will see mortgage interest tax relief restricted to a basic rate, even for higher rate-paying landlords

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From the RLA Landlord News Hub: 

Rogue landlords can be banned from renting homes under new rules brought in by the Government"s Housing and Planning Bill.

New legislation also includes plans for the creation of database of criminal landlords and agents - as well as powers to impose civil penalties of up to £30,000.

The Government"s Housing and Planning Bill finally received Royal Assent last week after a prolonged period of Parliamentary ping pong. So what happens next?

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RLA policy director David Smith has produced a new document updating landlords on changes relating to the Government"s Right to Rent checks following the introduction of the Immigration Act 2016.

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Ahead of our July members meeting, where we plan to cover the basics of how to manage your paperwork as a landlord - from forms and records to taxes and expenses, Morris Crocker Chartered Accountants have issued a very useful guide to the tax implications of being a landlord - covering details such as 'when you become a landlord' for tax purposes all the way through to 'when you stop being a landlord' for tax purposes.

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The PDPLA are very concerned that many landlords still do not understand how much more tax they will need to pay on let properties under new rules - see our new calculator - just enter 4 numbers: Your total letting income (rents received), your income from other sources, the amount you pay on mortgages and the other expenses you pay to maintain and keep your houses  - the calculator will then tell you what tax you would have paid on this before last years changes and how much you will have to pay now. If you have not used it, please do so now - find it here: PDPLA Letting Tax Calculator

Copied from the Daily Telegraph  Steven Swinford, DEPUTY POLITICAL EDITOR   13 May 2016 • 10:00pm

"Buy-to-let landlords should to be made to "squeal" under George Osborne's crackdown to help people to buy homes, a Treasury minister has suggested.

The Residential Landlords Association said it was "shocked" by the response of the minister, during a private meeting earlier this month as it tried to raise concerns about a crackdown.

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Since our article summarising the new student halls planned in the city back in February, one more site has been identified and design work is currently underway ahead of initial planning submissions.

We have spoken to our friends at University Student Housing about the high prices and long contracts advertised by the companies who operate these halls and have assurance that this practice is being discouraged.

And we have also raised the issue of 'Right To Rent" with Prof. Graham Galbraith, Vice Chancellor of the University of Portsmouth with a request for more support in this area, especially when offering accommodation to international students.

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Universal Credit is very doctrinaire and full of well-meaning ideas. It is designed to reduce the cost of benefits, particularly housing costs. Enforced rises of housing standards could combine with it to cause major problems for landlords. The RLA"s view is that the system could run perfectly well, it is just that landlords will need to be much more involved with their clients and to work with them. Threat of destitution is the main driving force used on the tenant by the DWP and this will be re-enforced by homelessness when rent is absent, the landlord will take the blame for eviction even though he has satisfied his end of the bargain. The following is a list of the key points from the housing providers point of view. Culled in great part from Bill Irvine"s RLA course on 14 April 2016 by committee member and director, Julian Clokie.

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The BPF has published a paper which endeavours to balance the pro's and con's of EU membership for the UK property industry.

They say, "As the voice of the real estate industry, we seek to put forward well-reasoned, thoughtful contributions to policy debates. The EU Referendum is no different in that regard. We are not able to say definitively whether remaining in the EU or leaving the EU would be the best choice in the long-term for UK Real Estate, simply because we do not know what circumstances would hold if the UK were to leave the EU. Individual member companies may be better placed to make a choice based on the impacts upon them as an organisation. An additional complexity is represented by the relative diversity of BPF"s membership - the choice for a UK-only developer may be somewhat different to that of an agent."

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There has been some progress and many setbacks on the Housing and Planning Bill since we summarised it in January (read that article here).

According to the BPF, the Bill is coming to the end of report stage in the House of Lords, and the government has thus far suffered various defeats on Starter Homes, pay to stay, and other policies. 

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Private rental prices paid by tenants in Great Britain rose by 2.6% in the 12 months to February 2016, unchanged when compared with the year to January 2016.

Private rental prices grew by 2.8% in England, 0.2% in Wales and 0.7% in Scotland in the 12 months to February 2016.

Rental prices increased in all the English regions over the year to February 2016, with rental prices increasing the most in London (3.8%).

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At our April members meeting, Alwin Oliver presented some 'easter eggs' for members that he had found on the web. These include model tenancy agreements, section 8 and section 21 paperwork, useful guides on condensation and the government How to Rent guide plus an international student guarantor service, letting agreements for pets and how to get a new car tax free!

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Local solicitor and friend of the PDPLA, John Saulet, has updated us on recent regulatory changes which now allow tenants to request energy efficiency improvements to their properties. (The Department of Energy and Climate Change (DECC) published guidance for domestic landlords on tenants' rights under minimum energy efficiency standards (MEES) legislation, on 24 March 2016.)

 

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At our March members meeting we debated accreditation of landlords and after 3 rounds of voting, we had a majority of those members attending in favour of a local scheme.

Speakers attended from Portsmouth City Council (representing the local authority run scheme), the National Landlords Association (representing national schemes based on CPD (Continuous Professional Development) and the Residential Landlords Association (representing the case for co-regulation - a mix between a voluntary self-management and a legally enforced environment).

Additionally our chair and vice chair both entered the fray arguing pro and anti positions from the landlords perspective.

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Over the past few years the PDPLA has been vocal in its objections and resistance to the licensing of HMO"s (Houses In Multiple Occupation - More than 2 Unrelated Occupants in One Dwelling) in the south of Portsmouth (PO1/PO4/PO5). Our arguments have centred on the additional workload and costs for the landlords who participate and the lack of apparent action against those that don"t.

This month we heard quite a bit of positive news...

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Portsmouth is changing - after 20 years in which the University campus has consolidated, from Foster Hall and QEQM Hall in Milton and 60"s architecture like Mercantile House to the new Eldon Building, the Dental Academy and the New Theatre Royal studios. The campus area south of the Guildhall is very much changed. The University has grown from a dated Polytechnic with a mishmash of acquired buildings spread across the city into a large and popular modern University with facilities to match.

We are now seeing a similar change in the way students are housed. For too long the 3,000 halls places available for the 4-5,000 new students each year has been a negative for the University even though local landlords have been happy to take up the strain at the expense of other types of tenant in Southsea.

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At our February members meeting, Martin Silman re-iterated the advice given in the December newsletter that we:

- Accept that, although the council has already been recompensed by central government for the loss of council tax in student houses via the Formula Grant, we will increasingly be asked to pay council tax for short voids and periods when students cease to be students (for example after graduation)
- He recommended that we contract for 11 months (or 12) so that non-final year students can be shown to be in residence (and thus council tax exempt) for that period
- We also need to accept that in these times of constrained revenues, the council will no longer honour the '1 month exemption" previously allowed between tenancies and will now charge for the empty/void period regardless of whether the house is being refurbished or not
- We should also consider a move to joint tenancy agreements (as in that case PCC accept that any liability is the tenants not the landlords) or, if we continue to follow the Uni preference and offer individual contracts, we make clear in those contracts that any CT liability during the period of the contract is the tenants responsibility. This latter situation does not automatically solve your problem, but does give you legitimate grounds for debate
- We should also consider asking new student tenants to sign 3rd party consent forms allowing us to discuss their situation with the University and the Council should issues arise.

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We would like to announce the appointment of Pauline Wilson, our new Association Secretary. Pauline will attend meetings and manage the administration of our activities and can be contacted via email at This email address is being protected from spambots. You need JavaScript enabled to view it.

Pauline has many years of experience in the letting industry and we hope she will help us become a more professional organisation - however, she is part time so don"t expect instant responses or support. Please say hello and introduce yourself at future meetings and join us in welcoming her to the PDPLA.

Several members have mentioned that they find it difficult to work out how to contact the PDPLA, so with that in mind, a simple summary of the 4 ways to contact the PDPLA by email follows:

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Don't forget we will be hoping to sign up some new members and meet some existing ones at Portsmouth Guildhall on Saturday, 5th March.

Full details below

When I first started letting to students, I diligently followed the University guidelines and kitted out each room with the full list of specified components - bed, desk, chair, chest of drawers, wardrobe, etc.

In the past few years I have noticed that the average student actually needs quite a different room layout. They prefer double beds, but this is nothing to do with promiscuity or restless sleeping - it is simply because 'studying" does not happen at a desk, one gets comfortable on one"s bed and then arranges books and laptop on the 2m square surface around you. What you end up with is a much more comfortable and much larger work area than you could have at even the largest desk. Think of it as studying in the Japanese style.

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We received the following request from PCC: "Got a basement? Please let us know

You can help the city fight flooding - by letting us know if any of your properties have a basement."

(We are guessing this refers to your tenanted properties and not your collection of fine wines).

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When Michael Faraday postulated in 1851 what would happen here on earth if the sun was moved, say, 10 feet he started a chain of thought which resulted in Einstein"s General Theory which predicted, among other things, the existence of gravitational waves. Faraday"s logic was that the sun and earth are connected in some way by gravity and if one body moved, that would be detectable at or by the other. It wasn"t until Einstein"s General Theory was published in 1915 that a construct for how this might happen was explained - and he named it gravitational waves.

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Since the Chancellor, George Osborne, was released from the fetters of the coalition last May he appears to have started a concerted assault on landlords. Whether this be a sensible way to deleverage part of the economy, reduce overall debt levels and stop house prices over heating or alternatively, a pernicious attack on historic Tory voters with a view to winning some easy popularity, collecting more tax from a community that will garner little support from the wider populace while replacing small landlords with easier to deal with corporate bodies is much debated. 

We have discussed various elements of the changes in these pages several times over the past few months but whatever your personal view - unless you fully understand the impact of these changes on your personal situation, we do urge you to consult an accountant and make sure you understand the detail, as all of us will be affected in some way.

Landlords in Plymouth believe they are sufficient in number to overturn their MP's majority and are lobbying to make it so - though the next election could not be much further away.

One item, known as Clause 24 of the Finance Bill is of great concern for any landlord who has financed some or all of his/her letting portfolio with mortgages or similar borrowings. We received the attached and reproduce it in its entirety here - please make sure you understand what this clause means for you and thus what you need to do as a result.

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There has been much discussion recently of the Housing and Planning Bill 2015-16 currently passing through Parliament as it will be the 1st major shake up of Housing law since 2004-2006. Veteran PDPLA member Julian Clokie has taken the trouble to summarise the main points of the bill for us. (And anything in brackets is his commentary, everything else is from the Bill itself)

The Bill will become an Act in the middle of the year. For the detailed timetable and for links to the Bill itself:
http://services.parliament.uk/bills/2015-16/housingandplanning.html

In brief:

  • Aim to build 1 million homes by 2020 and to transform generation rent into generation buy and to prevent landlords from ruling the roost
  • General view that there is no overarching control of the sector
  • [Little that I can find about bad behaviour of tenants]
  • [Overall effect will be to reduce house prices or make houses more difficult to sell]
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PDPLA member Louisa Wearn of Ewemove has allowed us to include this offer for members from her current customer newsletter:

A new book has been published which reveals the 7 costly mistakes most people make when they sell, and a 39 step guide that can help you to sell your house for the best price, in the time frame you want.

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The government are proposing to change the system such that instead of filing one tax return a year, you will simply send an extract from your software once every 3 months.  For a small business this is probably a simple change and possibly an improvement on what they do today but for most landlords, who don't have suitable software with which to manage their business, this will make the effort of submitting tax returns untenable.

If you agree with this statement, we urge you to sign this petition: "Scrap plans forcing self employed & small business to do 4 tax returns yearly".

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There has been much discussion of the new Right To Rent legislation that came into force on 1st February, which makes it illegal to rent accommodation without first ensuring the new tenant is legally allowed to live in the UK, but what is it the offence?

It is allowing the wrong person to live in your property that is the offence not failing to carry out checks.

 

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As an association, we are attempting to fight off the latest proposed increase in HMO legislation that would increase the number of HMOs requiring licences and renderl roughly 200 small rooms in the City illegal. These are currently let to happy tenants. Tony is the architect of our response to the various bodies involved and following a reminder, Flick Drummond MP has forwarded our concerns to Brandon Lewis, the Housing Minister. The arguments are summarised as follows and taken from our consultation response:

As Portsmouth has one of the highest levels of  overcrowding in the UK, we are very concerned that well intentioned Government measures may have unforeseen consequences. Primarily a reduction in accommodation available to single people on low incomes and the vulnerable.

Homeless1

As it is likely that Portsmouth has more small rooms affected by these proposals than other cities we have concentrated on this part of the consultation. We also have seen and endorse the submissions made by the Residential Landlords Association.

As we sit on the local HMO Licensing Governance Board in Portsmouth, a city that is trying to make 'additional" licensing work, we can comment from our in-depth experience, being aware that what we see here cannot be unique. Thus we have a few comments to make with regard to extending licensing.

The photos were taken in Portsmouth on 14th December 2015 to illustrate the gravity of the situation. The individuals consented and none appeared to be under the influence of drugs or alcohol.

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One lady landlord has become so incensed by the recent changes that she openly wrote to Grant Shapps, her MP, and her letter has been widely shared on social media.  We include it below unedited as she summarises the impacts of recent changes so well.

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The Salvation Army are running another local event for private landlords. Michelle White, their project coordinator, said,"I would like to meet private landlords who will accept housing benefits or are thinking of renting to claimants in the Portsmouth or surrounding areas."  The event runs from 10:00-14:00 on the 5th April at...
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We have been informed that Mr Edwin Haddock (Ed) of Taylors Estate Agents formerly operating from 135 London Road, North End, Portsmouth, was made bankrupt on 11th November 2015. We have spoken to the Trustee in Bankruptcy, and they say that at this stage they know very little but are gathering...
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The Bishop of Portsmouth has urged the government to think again on stamp duty rises aimed at hitting the buy-to-let market as reported in The News this month.

The Rt. Rev Christopher Foster used a Lords debate on the autumn statement to warn ministers the issue was more complex than it appeared and vulnerable groups in society could be penalised as a result.

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Since the new website came online all of our members have been able to manage and update their own account details. Each time you log in you will be taken to your profile page. Some of the things you can edit or update include:

  • Username
  • Email address
  • Phone number
  • Address

It is very important to keep these details up to date as they are the basis not only for our communications with you (for minutes, newsletters and more) but also for other member benefits like Tradepoint cards and RLA magazine subscriptions.

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Twenty two of our members learnt to test portable appliances last month (known as PAT or PAT Testing) when the team from Quick Test came down to Portsmouth to train us.

Increasingly local authorities and groups such as the University specify that appliances from kettles to washing machines need to be tested and apart from the cost, many electricians hate the task and so it can be difficult to find one willing to do the job at a time when you need it done. Now some of us can do it ourselves using the PDPLA owned equipment.

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The Department for Communities and Local Government (DCLG) has published a technical discussion paper setting out proposals to extend the mandatory licensing regime for houses in multiple occupation (HMOs) and speed up the licensing process. The proposals apply to England only.

The discussion paper builds on the measures to tackle rogue landlords and evict illegal immigrants that the government announced in August 2015.

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The PDPLA are advertising the post of PDPLA Administrator. This is a paid role on a sub-contract/self-employed basis for an individual who will spend around 4 hours a week including attendance at 2 meetings per month, administering the business of the PDPLA. This to include: - preparation of meetings including speaker...
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There is no legal definition which states how big a room needs to be if it is to be let.  In large HMO's with bedsit accomodation and no communal space, there seems to be an arbitrary 10 square metre limit applied below which EHO's (Council Inspectors with the title Environmental Health...
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It is no secret that the entire British population appears obsessed with bricks and mortar. This was exacerbated by the cheap credit available in the run-up to the financial crash in 2007 and house prices have reflected that rising steadily until the credit crunch which briefly put a stop to the free flow of cheap money that was fuelling the bubble.House Prices Since 2002

Since then, given the media-at-large's tendency to focus within the M25 and not that much far beyond it, you may have had the impression that all is well with the property market and that it's largely roaring ahead, reinforced by central bank money-printing and the usual arguments about short supply that everyone trots our when prices are rising.

But in fact, if you look at figures from Nationwide (the table below), most of the UK beyond the southeast of England is still struggling to recover from the crash. As the figures show, prices in North-East England, Scotland, Wales and Northern Ireland (a bit of a special circumstance, given its exposure to Ireland's bubble market too) have yet to regain their 2007 peak levels. And in real terms (adjusting for inflation), UK prices as a whole have still to recover to peak levels, as the chart demonstrates.

 

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In 2000, just over 69% of houses in Britain were inhabited by owner-occupiers. Homeownership went on to peak at 69.7% in 2002. Yet now homeownership in the UK is at its lowest level in 29 years, with only 63% of houses occupied by permanent owners. It's all down to one of the biggest British investment trends of the last l5 years - the rise of the amateur landlord.

First-time buyers -struggling to raise deposits to buy houses at today's central-bank inflated prices - have been competing with buy-to-let investors for starter properties and for the most part they've been losing out. As a result, roughly 4.4 million people (18% of households) now rent from private landlords the houses they would otherwise have bought - up from 2.2 million in 2002/2003.

Indeed, for the first time ever, the number of people renting from private landlords exceeds those in council and housing association houses.

 

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For the past couple of years, our friends at PCC have threatened to collect Council Tax (CT) from student lets during the summer when they are empty. This year, they seem to have finally managed to find a way to do it cost effectively - in the past they never bothered as collecting potentially just one months council tax on a property cost more to administer than was actually collected and could not be done consistently across all properties in the city.

We can argue this one both ways - in the current environment where budgets are tight and hard decisions need to be made about what public money will be spent upon, any initiative which collects more of the taxes due and thus increases the size of the spending pot is to be commended. However, we also believe that where a house is occupied by students the council has already been recompensed for lost council tax as part of the 'Formula Grant" calculation (see here) and as such, to collect during empty summer months is to collect the appropriate tax twice.

Historically, we have been encouraged to offer 10 month contracts to students - unlike Brighton, Bristol, Birmingham, London, Manchester and Southampton and elsewhere, where 12 month contracts are the norm. Also, where a property is empty the local authority have allowed a 1 month void free of council tax - so if the property was empty for 2 months, you would only be charged for 1.

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The Bank of England is to be given powers to control buy-to-let mortgage lending.

In what could be a highly significant move, Chancellor George Osborne said that he will extend the powers of the Bank and the Financial Policy Committee to the sector.

It follows concerns that buy-to-let borrowers could be particularly exposed in any downturn in the market, and that this could rock the wider housing market and the general economy.

 

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