While PDPLA Committee member, Tony Athill, was in London at the Fair Possessions Coalition meeting hosted by the RLA he took the opportunity to discuss Licensing.
It was agreed that landlord representatives need to demonstrate how licensing schemes are not a cure all that will rid the sector of ill-informed and criminal landlords. The representative from ARLA (agents association) is also a Local Councillor and he supported the PDPLA view that we need to educate our local politicians. We have a plan. …….
Tony stood in for Alwin as our representative on the Fair Possessions Coalition last Friday. Did he not know there was going to be a train strike? Fortunately, the prospect of a strike had put off regular travellers and the journey was a joy. Anyway, with research showing that 84% of Section 21 repossessions are due to tenant arrears, most of the preconceptions about the need to abolish Section 21 seem to be misplaced. Here is his summary from the meeting in London:
We have a number of members who are very concerned that conditions are being placed on HMO licences and occupancy numbers are being reduced. There are many 5 bed properties applying for the Mandatory HMO Licence that they need which are being given a 1-year licence on condition they are reduced to 4 bed HMO"s after that - we are told by a PCC employee that this has happened to at least 130 properties in the city - easy money for PCC as they take the licence fee and then change the house such that it does not need a licence. These conditions do not apply elsewhere and this is forcing up rents in Portsmouth in relation to neighbouring areas. It is also leaving rooms empty at a time of housing crisis.
We were interested to see BBC coverage of a new website which allows tenants to rate and review their landlord. The site
https://www.marksoutoftenancy.com/ has all the disadvantages of other ratings sites and probably does little to allow customers/providers to make better informed choices. What is also missing is the ability to 'rate and review" tenants.
With so much demonization of landlords in the press and new regulations and standards being imposed almost daily - you would think rogue landlords had been publicised and regulated out of existence, but we would argue that politicians and journalists are focussing all of their efforts on the wrong landlords, which is why they are not seeing any improvements. We could go further and say that the local council is working with, condoning and encouraging the worst rogue we have come across….
So, let"s start with what, actually, is a rogue landlord? And then, we suggest what needs to be done
Last month we reported the case of members whose Portsmouth properties had been ROBBED (Reduced Occupancy By Basic Desktop Evaluation) when they applied for their HMO licences. See the original article here
The PDPLA are supporting 6 appeals and these have each received their 'Directions" from a Tribunal Judge. He has instructed this batch of cases to go to a full hearing and this will include a visit to each of the properties.
Five relate the to PCC officers decisions that the properties have insufficient communal space and therefore occupancy levels must be reduced. One relates to how they measure a small bedroom. We understand a number of other appeals are filed with the First Tier Tribunal (FTT)
In another example that Portsmouth's housing standard documentation is not fit for purpose, one of our members this month pointed out that the way they are currently written, no 3 storey HMO's are allowed in the city except those with kitchens on the middle floor...
People have had the option to buy homes in England and Wales via a commonhold structure since 2004, but since then only 20 developments have been created. By contrast, there are 4.2 million properties owned as leaseholds in England alone. Why is that when the benefits of leasehold are so few and the pain experienced so frequent?
The commonhold property structure allows the purchaser of a property to own a freehold 'unit", usually a flat within a block, without any kind of time limit on that ownership (as opposed to leasehold properties, which are leased for a set period of time from the freeholder). Owners of a commonhold flat then become members of a management company, similar to a residents association, that looks after the shared areas and buildings in the way that a freeholder traditionally would.
In a pre-election newsletter to Portsmouth residents, local labour campaigners talk of introducing landlord registration for all, more HMO licencing, training for landlords, codes of conduct and liaison officers to manage us - among other proposals.
Read on to see how we responded....
'Let to let' can be appealing - you avoid all the hassle of letting and managing your property and you don't give away 12-15% of your income to a letting agent, but our advice to members has always been to be very careful, check that you are not breaching your mortgage conditions, planning rules on HMO's or any other regulations and ensure that your contracts give you control not only of your relationship with your tenant, but also any tenants they let your property to.....
There was a question posed to members recently asking for feedback in this area and what follows, is one members experience and recommendations to other members....
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.