Recent news items of interest to local landlords, use the search option above to find specific topics.
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.
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."
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.
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%).
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!
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.)
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.
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...
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.
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.
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:
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.
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).
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.
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.
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:
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.
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".
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.
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.
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.
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
New figures, compiled by umbrella group London Councils and sent to us by Inside Housing, reveal that London boroughs housed 471 households outside the capital between April to June this year, a rise of 33% compared to the year before. This is part of a trend which has worried both Portsmouth and Havant local housing teams as the shortage of accomodation is exacerbated by the influx of such families, even before the impact on local services is considered as these families often place a greater burden on schools and health services than other families.
Inside Housing reveal that nine London boroughs met with seven councils in the West Midlands last month following concerns that they are "outbidding" boroughs outside the capital for private accommodation for homeless families.
Councils outside London say they struggle to match the level of incentives offered by boroughs in the capital, meaning authorities such as Birmingham City Council struggle to find available stock.
The London boroughs, which house families or plan to house families in the West Midlands, pledged to agree on a "collaborative" incentive sum that they will pay landlords if they continue to operate the area.
Following on from the presentation at one of our meetings earlier this year aimed at helping our tenants avoid falling into the clutches of loan sharks, two men have been arrested on suspicion of illegal money lending following an operation in Havant this month.
The England Illegal Money Lending Team working in partnership with Hampshire Constabulary executed warrants at four addresses in Havant, Hampshire.
During the search of the properties a number of documents relating to suspected illegal money lending were seized along with a significant quantity of cash.
The Housing and Planning Bill is currently going through the parliamentary process (2nd reading in the Commons this month). We cannot know what it will finally look like or which elements will become law, but there are some proposals which will be of interest to landlords and some which will affect us directly. The aim of the Bill introduced by Brandon Lewis, Housing Minister, is to solve the housing crisis and includes new measures that will make it easier to turn underused office buildings into new homes.
Sharing this item from the RLA as it applies to most members - An RLA member recently used the RLA helpline for advice following the purchase of a fire extinguisher for one of his rented properties. The salesman called at his home. He purchased an extinguisher using a business cheque in his business name. He subsequently learned that an equivalent extinguisher could be purchased much more cheaply so he cancelled the purchase of the original extinguisher, believing that he was entitled to do so. Regrettably, the seller refused to agree to the cancellation of the contract. The seller was within its rights.
Following our frequent championing of the issue, PCC have introduced reduced rates for new HMO licenses.
When the scheme was introduced in 2013, the fee for a 5 year license for a standard HMO was £490 and the logic was, that anyone applying later would still have been letting since 2013 so the charge would not reduce. The new format has increased fees for late applicants and reduced fees for new ones.
The University of Portsmouth has been ranked in the top ten modern universities in the UK in the Times and Sunday Times Good University Guide 2016.
The guide also puts the University of Portsmouth as a top ten university in the south-east and in the top 20 nationally for teaching quality.
Apparently, most household fires are caused by electrical faults and frequently, this is due to a loose or bad connection generating heat which causes adjacent materials to catch fire. For this reason, next time you have your electricity certificate updated, if you have a plastic consumer unit / fusebox under the stairs, you will be asked to change it to a metal one.
This is because stairs are typically escape routes in case of fire, so anything which risks causing a fire under the stairs and thus blocking the escape route is particularly dangerous.
The good news is that you probably don't need to pay out on a complete rewire and replacement of the unit - just pop into you local Wilts store with your PDPLA Wilts discount card....
Ex-Leader of Portsmouth City Council, Gerald Vernon-Jackson, in his role as a member of the Local Government Association has been lobbying for a blacklist of rogue landlords and stronger sentencing for convicted landlords.
Part of the LGA's logic is that magistrates courts are only able to impose fines up to £5,000 and for many large landlords, this could be petty cash in terms of the overall size of their business. What the LGA overlooks is the fact that with over 100 laws and 400 additional regulations, there is a plethora of rules with which to bring bad landlords to book and whilst a magistrates court may have limited powers, the bigger cases go to crown court where these restrictions don't exist and 5 year jail terms are possible.
Local landlords were never impressed by the introduction of licensing for HMO's in the south of Portsmouth - there was little evidence that housing standards in that sector were worse than any other and little likelihood that the introduction of licensing would address the issues that councillors were struggling with: parking, rubbish and anti-social behaviour.
Against this background, our July meeting was our best attended ever when Bruce Lomax, Private Sector Housing Standards Manager at PCC and the man responsible for the scheme, came to talk to us and explain what it is that we get in return for the time and millions of pounds we have all invested supporting it.
The good news, announced in earlier articles, was that Bruce and his team were focussing their efforts on enforcement actions against some of the organisations many believe to be at the root of some of the issues in this sector.
The bad news is that we have heard nothing from Bruce since.
We do know that Red Vista were taken to court and found guilty, but also, that they are still in operation and Bruce's statement that 'once found guilty' he would be able to exclude them from the sector under 'fit and proper persons' rules does not appear to have been followed through.
We have also been contacted by Tenant Network and told that all actions against them have been dropped and Morgan Ebert, one of their directors, stated, "the case against us has been withdrawn and we are not connected in anyway shape or form with Red Vista" He added, "We are an ARLA registered Letting & Property Management company and consider ourselves to be completely above board and the case being brought against us by Portsmouth City Council has now been withdrawn"
After discussion at our last meeting about Residents Parking Zones (RPZ"s) and potential problems for local landlords I had a meeting with the Parking Operations team at PCC and hopefully the changes to RPZ"s will not impact us at all and some current problems will also be solved. Full details below:
Written & oral information and advice from the Portsmouth & District Private Landlord's Association is given in good faith, but no responsibility whatsoever is accepted by the Association or it's officers for the accuracy of it's information & advice nor shall the Association be held responsible for the consequences of reliance upon such information.