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Will The Housing Crisis Win The Election?

Will The Housing Crisis Win The Election?

The Politics Of Housing

It is still generally acknowledged by all political parties that there is a housing shortage in the UK, and each political party wants to offer the public alternative methods of tackling the problem in an attempt to win electoral favour.

Most political parties see the housing crisis in the UK as a possible election winning issue and each party’s election manifesto promises the general public many things, including further private rented sector (PRS) reforms and the introduction of additional legislation. There isn’t much offered by any political party for landlords, except for the promise to put an end to the private rental sector.

A recent survey by Ipsos MORI research published in January 2015 discovered a confusing conundrum, in that:

  • 75% of the public agree that there is a housing crisis in the UK
  • 48% of the public disagree there is a housing crisis in their locality

The publication of each political party’s election manifesto is intended to give the public a clearer indication of the housing priorities of the UK’s next parliament.

However, despite claims of a housing shortage nationally there are still some UK regions that have large proportions of derelict and abandoned properties, many still in a habitable condition.

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MPPT Spotlight are focusing on Tenants this week with a series of articles on getting the best out of tenant

MPPT Spotlight are focusing on Tenants this week with a series of articles on getting the best out of tenants

Tenants Admit Having Problems With Landlords And Letting Agents

55% of tenants in the UK’s private rented sector (PRS) have experienced problems with their landlord or their appointed letting agents according to the latest research from the Association of Residential Letting Agents (ARLA).

The most common issue which affected 31% of PRS tenants was the length of time taken to fix problems in rental properties including issues with boilers, heating and electrical outlets.

Once a problem was raised, tenants have waited an average of 36 days for the problem to be fully resolved. However over 14% of PRS tenants never had their rental property problems fixed at all, according to the research.

18% of tenants surveyed also reported frustrating delays with landlords not replacing worn out fixtures and fittings on demand, including requests to replace old or damaged kitchen cupboards or tired and worn carpets.

14% of the tenants surveyed, felt that their complaints about repair issues were either ignored or brushed off by landlords or their appointed letting agents.

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MPPT Spotlight are focusing on Tenants this week with a series of articles on getting the best out of tenant

MPPT Spotlight are focusing on Tenants this week with a series of articles on getting the best out of tenants

Its Tenant Focus Week on Spotlight and we are going to publish a few helpful hints and tips over the next few days for landlords to incorporate into their rental property businesses and also pass on to tenants in rental properties.

The whole point is to raise awareness and overall standards within the UK’s private rental sector, whilst educating landlords and tenants about their respective rights and responsibilities.

All parties involved in renting property should behave respectfully towards each other to minimise misunderstandings and keep the lines of communication between the landlord, letting agent and tenants open and free from irrelavant clutter over silly unconnected issues that can sometimes spoil a tenancy.

Below is an excerpt from the general advice published and offered to all parties involved in property rentals issued by the Housing Ombudsman

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Will Landlords Be Safe Under New Rental Rules?

Will Landlords Be Safe Under New Rental Rules?

Tenants Charter could put tenants in a

stronger position over PRS landlords

Regulations which hand private rented sector tenants more power and rights to request longer leases have been greeted with cautious optimism, although the new code of practice, intended for launch by the Government, would bring in much-needed protection for many tenants from rogue and inexperienced landlords.

The proposed Tenants’ Charter, could mean honest and hard working landlords are at a disadvantage and could be put off from renting out properties.

The results of the introduction, could lead to another shortage of available rental stock for the UK property market leading to rent increases and landlords becoming trapped by more stringent legal binding agreements.

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Fresh Warnings Over Rent-To-Rent

Fresh Warnings Over Rent-To-Rent

Rent-To-Rent Contracts May
Breach Mortgage Agreements

National newspapers are claiming that the Rent-To-Rent strategy for maximising profits from rental properties is immoral and illegal

Private rental sector landlords who utilise a rent-to-rent strategy, by which a property investor agrees to rent a property from the owner with the intention of sub-letting it to tenants for a profit, are being urged to check with their mortgage lenders that the practice will be allowed.

The warning was printed in The Sunday Times and follows last week’s news published by The Guardian newspaper and landlord news portal LandlordToday.co.uk, on the rent-to-rent phenomenon, which drew a mixed reaction.

Some lenders will not allow sub-letting, including The Mortgage Works (TMW), although BM Solutions does permit sub-letting.

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Superstrike Case Causes Confusion

Superstrike Case Causes Confusion

Lord Justice Lloyd delivered judgement on an appeal from Wandsworth County Court for the case of Superstrike Ltd v Marino Rodrigues on the 14th June 2013 and since then conflicting advice has been offered by different landlord associations.

The Residential Landlords Association (RLA) told its members that they will be issuing updates shortly, after they have sought advice from its deposit protection partner the Tenancy Deposit Scheme (TDS).

By contrast, the National Landlords Association (NLA), who have business links with MyDeposits and the UK Association of Letting Agents (UKALA) have condemned the speculation and online reporting of the case.

The NLA issued advice to members stating that the Superstrike case also only relates to landlords within a particular timeframe, who used Section 21 notices. In reality the case will have little effect on landlords and insist that the ruling only pertains to tenancies started before April 6, 2007, and which have subsequently become periodic.

The NLA are discussing the matter with officials responsible for tenancy deposit protection (TDP) legislation within the Department for Communities and Local Government (DCLG) and legal professionals.

It is important to understand that appeal judges only consider the case presented to them, not a similar set of circumstances, or a variation on a theme.

The precedent they set is therefore only applicable to cases subject to the same set of circumstances. This fact is crucial in this instance as the case of Superstrike Ltd v Rodrigues is not representative of all landlords or private tenancies.

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Rent paid in advance does not count as a deposit

Court Of Appeal Rules That Rent In Advance Is Not A Deposit

Court Of Appeal Rules That Rent In Advance Is Not A Deposit

The landmark Court of Appeal ruling means that landlords and their appointed letting or property managing agents are not obliged to treat rent paid in advance as a deposit, as that would require protection under the Housing Act 2004.

The Court of Appeal’s decision was made in respect of the long-running case of Johnson v Old, where the tenant was offered a six-month tenancy and was asked for six months’ rent in advance, because she did not have a guaranteed fixed income.

The agreement in the case provided a confusing element as the agreement stated that the rent should be paid monthly in advance, but also said that the rent should be paid six months in advance.

The tenancy was subsequently renewed on the same terms before becoming a periodic tenancy where the rent was paid monthly in advance.

The landlord attempted to gain possession of the property, by serving a Section 21 notice to the tenant, Anne Old.

The tenant countered the Section 21 notice, saying that it could not be legally served because she had paid the rent in advance, which she thought should have been treated as a deposit and therefore protected.

The tenant’s argument was successful at the first court hearing, but was then challenged successfully by the landlord at a second.

The tenant then appealed the judges 2nd decision, and with the help of legal aid, the case then went to the Court of Appeal, which gave its decision in favour of the landlord. 


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 Obey Gas SafetyLaws Or Face Prosecution – Landlords Warned

Gas Safety Is A Legal Responsibility

Gas Safety Is A Legal Responsibility

UK Landlords need a better understanding of the many laws and regulations regarding the safety of tenants in private sector rental accommodation, or they may find that non compliance with any of the prescribed regulations can make them liable for prosecution and will render their Landlord Insurance invalid.

UK Landlords have moral and legal responsibilities regarding the safety of all tenants living in private rented sector (PRS) rental accommodation, occupied under a lease or licence, which includes, but not exclusively:

  • Residential premises provided for rent by local authorities, housing associations, private sector landlords, housing co-operatives, hostels
  • Rooms let in Houses of multiple occupation (HMO’s), private households, bed and breakfast accommodation and hotels
  • Rented holiday accommodation such as chalets, cottages, flats, caravans and narrow boats on inland waterways.

The Gas Safety (Installation and Use) Regulations 1998 outlines the landlords’ duties to make sure gas appliances, fittings and flues provided for use by tenants comply with all the latest UK safety regulations and are not hazardous to the health of the tenant.

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Are Landlords Sure Thay Are Not Victims Of A Rent To Rent Scam?

Are Landlords Sure Thay Are Not Victims Of A Rent To Rent Scam?

There are more worrying developments in the UK PRS, as the practice of Rent To Rent within the UK residential lettings market is causing increasing concern among industry professionals.

The practice of Rent To Rent, sees one set of individuals renting a privately owned residential property within the UK private rented sector (PRS) and then sub-letting it to another tenant for profit, as a business.

It is widely believed that many Rent To Renters are operating without the landlord’s knowledge or consent.

Professional tenants have reportedly accepted a tenancy, signed agreements of multiple properties, then they have proceeded to sublet the properties to unsuspecting third parties, unaware of the true situation.

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To Let - Legal Obligations Apply

To Let – Legal Obligations Apply

 

There are numerous rules and regulations which you must abide by when letting your house. It is the landlord’s responsibility to ensure that the property which is being let out is fully compliant with all relevant safety regulations. As well as safety regulations, landlords must also be certain that they carry out any duties which are outlined on the tenancy agreement, if the landlord did not draft this agreement themselves, all clauses and responsibilities must be read and fully understood. It is always recommended to have a proper tenancy agreement in place at the start of each tenancy as this can act as protection should any disagreements between landlord and tenant arise.

A tenancy agreement can also outline the tenant’s responsibilities during the tenancy period and what they are required to do, this is mostly common sense but having this in writing with signatures from both the tenant and the landlord means each party have read the agreement and understands what is required of them.

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