Currently viewing the tag: "RLA"
RLA find errors in wording of proposed deregulation act

RLA find errors in wording of proposed deregulation act

RLA Find Serious Drafting Error In Rented Housing Regulations Of Proposed Deregulation Bill

The Residential Landlords Association (RLA) have called on the Government to delay the implementation of the proposed Deregulation Act after they found errors in the wording of the document that would expose private rental sector landlords to a legal minefield.

The RLA published the following on their newshub

A major drafting error in Government regulations affecting the private rented sector risks undermining confidence in new legislation being applied to the sector.

The Deregulation Act, passed prior to the General Election, provides Ministers with the power to introduce a new standard form for landlords to complete and provide to a tenant when seeking to regain possession of a property on a no fault basis, known as a Section 21 notice.

With the form due to become legally binding from the 1st October, the Residential Landlords Association (RLA) has written to the Housing Minister, Brandon Lewis MP, to seek a delay following the revelation of a serious drafting error.

The standard form, as currently drafted, notes that where a fixed term tenancy ends and then turns into a rolling or periodic tenancy the Section 21 notice would only be valid for four months from the date that it is served on the tenant*.

This contradicts the Deregulation Act, which makes clear that the required period to regain possession of a property where a tenancy is a rolling or periodic tenancy, should instead be four months from the date the Section 21 notice expires**.

Despite having engaged thoroughly with the Government on its proposals, the final version of the standard form, published last week, had not been shown to the RLA.

The RLA is warning that the drafting exposes landlords to a legal minefield, and is calling for the implementation of the plans to be delayed to give more time to get them right.

RLA policy director, David Smith, said “The RLA continues to share the Government’s ambitions to ensure that all landlords understand and properly implement their legal responsibilities and obligations. In light of the major changes being introduced for the sector it is vital that all documents published by the Government are clearly understood. This drafting error will serve only to dent the confidence of landlords in the legislation. Whilst Ministers are understandably eager not to let these new measures drift, it would make more sense not to rush their implementation than face the potential legal difficulties that will now arise for landlords.”

Continue reading »

Right To Rent Immigration Checks Making PRS Landlords Over Cautious

Right To Rent Immigration Checks Making PRS Landlords Over Cautious

Lawful Tenants Refused Rental Properties
Because Of Right To Rent Immigration Checks

Right to Rent immigration checks could cause more UK private rented sector (PRS) landlords to refuse tenancy applications from lawful tenants because they are over cautious about letting to tenants with foreign accents and names or have unfamiliar identity documents.

According to the Residential Landlords Association, (RLA), the complexity of the Government’s plans to turn landlords into unpaid Border Agency staff could see lawful tenants being refused housing.

The warning comes as new research by the Joint Council for the Welfare of Immigrants (JCWI) indicates the difficulties caused by the Government’s Right to Rent scheme, originally piloted in the West Midlands, concluding that UK PRS landlords Right to Rent checks have resulted in discrimination against tenants who appear “foreign”.

The JCWI research discovered that:

  • 42% of landlords were less likely to consider tenant applications from someone who did not have a British passport,
  • 27% of landlords were reluctant to engage with tenancy applications from people with foreign accents or names

Under the new immigration bill, PRS landlords are set to be legally responsible for checking the immigration status of tenants. Following the pilot scheme in the West Midlands, the Government recently announced that the immigration checks by landlords would be expanded nationwide, with landlords facing up to five years in prison for failure to undertake the Right to Rent checks.

Residential Landlords Association policy director, David Smith, said: “Whilst the RLA opposes discrimination against tenants because of their race or nationality, the Government’s plans are causing confusion and anxiety for many landlords. If the Government expect landlords to act as border police it should provide the training and material needed to give them the confidence to carry out the checks required of them. In the absence of such support, today’s research sadly shows the inevitable consequences of the policy which the RLA has long voiced concerns about. Faced with considerable sanctions, landlords will inevitably play it safe where a tenant’s identity documents are either unclear or simply not known to them. It is concerning that the Government remains committed to rolling out the Right to Rent policy nationwide without first publishing its assessment of the impact it has had in its own pilot area. Ministers should halt plans to proceed with its rollout to allow time for proper scrutiny and consideration of the impact it is likely to have.”

The research by the Joint Council for the Welfare of Immigrants comes before the publication of the Home Office’s own assessment of the Right to Rent pilot scheme detailing its level of effectiveness.

There seems to be a huge communication breakdown somewhere, we as landlords are now unpaid members of the UK Border Agency, like it or not, we mustn’t discriminate against any tenant applicant because it is an “ism” and can be punished by imprisonment and a large fine, however, if we house someone in need, we leave ourselves open to prosecution and a large fine. If we act in a professional manner, we are accused of not caring, but if we have too much contact with tenants we are seen as overbearing and interfering. If we spend money on properties we are seen as rich money grabbers that are open to exploitation and if we don’t spend vast amounts to correct damage caused by tenant lifestyles as and when tenants demand then we are called tight and heartless. Homeless charities want the UK PRS closed down, the Government want as much of our profits as they can get their hands on and the media think we are all descendants of Rachman and Rigsby – How is the system supposed to work?

Shelter Target PRS Landlords Again!

Shelter Target PRS Landlords Again!

Shelter Attacks PRS Landlords With
More Bogus Propaganda

The homelessness charity, Shelter are once again targeting private rental sector landlords, with claims of abuse and neglect being aimed at the sector.

Shelter claim that that 125,000 tenants have suffered abusive behaviour from landlords in the past year and the health of 1 Million private rental sector tenants have been affected by rogue landlords not doing property repairs or dealing with poor conditions in their rented property, with almost 300,000 parents who rent reporting serious impacts on their children’s health caused by poor property management.

The charity maintain that damp, mould, and bad ventilation in private rented sector properties are causing asthma, allergies, breathing problems and worse among tenants, and they are laying the blame squarely on landlords shoulders.

Continue reading »

Government Issue Response To Tax Relief Petition

Government Issue Response To Tax Relief Petition

Government Issue Muted Response To Tax Relief Petition

The Government has published a response to the online petition that opposes the proposals to change the amount of tax relief on buy to let mortgages announced by the Chancellor, George Osborne, in the post election summer budget.

From April 2017 onwards landlords will only be able to claim the basic rate tax relief rather than the higher rate tax relief on buy to let mortgage payments. It is widely feared that the move will severely affect the profitability of the private rented sector (PRS).

The online petition to reverse the planned tax restrictions on individual landlords has attracted more than 23,600 signatures since being posted.

Continue reading »

Landlords Outraged At Right To Rent Prison Threat

Landlords Outraged At Right To Rent Prison Threat

Landlords Outraged At
Right To Rent Prison Threat 

Private rental sector landlords and letting agents have expressed outrage over proposed amendments to the forthcoming Immigration Bill (2015) expected to be introduced in September, when MPs return from their summer break.

Section 20 – 37 of the Immigration Act 2014 contained the provision to make it compulsory for landlords to check the immigration status of all new adult tenants. Now officials want to enforce the measures, in order to strengthen their grip on the private rental sector (PRS).

Continue reading »

RLA Hit Back At Rent Control Calls

RLA Hit Back At Rent Control Calls

Rent Controls Are Not The Answer
To The UK Housing Shortage

The Residential Landlords Association (RLA) have hit back at politicians and housing and homeless pressure groups who are openly calling for rent controls in the UK’s private sector by claiming that private sector rents are falling in real terms following analysis of the official English Housing Survey (EHS).

The English Housing Survey (EHS) results are taken from a continuous survey conducted by the Department of Communities and Local Government (CLG) and show that average private sector rents increased by just £10 from £153 to £163 (GBP) per week in 2014, representing a rise of 6.5%.

In contrast, average weekly rents in the UK’s social sector increased by more, with weekly rental prices increasing 25.4%, rising by £18 from £71 to £89 (GBP).

Continue reading »

Tenancies Reform Bill Fails On Technicality

Tenancies Reform Bill Fails On Technicality

Tenancies Reform Bill Fails On Technicality

UK private rental sector (PRS) and social landlords were able to breathe a sigh of relief on Friday 28th November 2014, when the controversial Revenge Eviction Bill, or to use its correct title, the Tenancies Reform Bill, presented by Lib Dem MP Sarah Teather, failed to progress past its first reading in the House of Commons.

Rather than failing on a vote, the bill failed on a technicality after MP’s Philip Davies and Christopher Chope chose to talk it out, known as filibustering, because there were not enough MP’s present in the House of Commons to vote for the Bill. The debate started at approximately 9.30am and parliamentary procedure dictates that only Bills which remain unopposed after 2.30pm may make further progress.

MP’s who supported the Bill tried bringing forward a closure motion, to end the debate and call for an early vote, however for a successful majority, at least 100 MP’s must support it, but the motion was only supported by 60 MP’s and the debate on the Bill subsequently ended.

In order for the Tenancies Reform Bill to become law by the next election it must pass a second reading stage in the House of Commons, but it is not certain whether the Government will commit more parliamentary time to debate the Tenancies Reform Bill to try to force it through.

UK PRS and social tenants do need to be protected from the small minority of rogue landlords, and so do good, reliable, law abiding landlords.

It is far from fair that the majority of upstanding landlords should be expected to alter legal business practices because of criticism drawn by a few rogue operators within the UK’s private rented sector.

The Tenancies (Reform) Bill proposed restrictions on the serving of section 21 notices even where only a “hazard awareness notice” has been issued by a council. Landlords wouldl also be prevented from serving a section 21 notice where an improvement notice has been served on a rental property relating to category 1 or category 2 Hazards under the HHSRS rating system, or where the rental property requires emergency remedial action.

Tenants would also be able to challenge section 21 notices where they had complained to the landlord or council before the notice was issued, but the council was still deciding whether to even inspect the property in question.

Continue reading »

Landlords Warned To Get Ready For Universal Credit

Landlords Warned To Get Ready For Universal Credit  Chaos!

National Universal Credit Roll-Out
Starts February 2015 

Department of Work and Pensions (DWP) Secretary, Iain Duncan Smith surprised commentators with an announcement that Universal Credit (UC) will be rolled out to all Jobcentres and local authorities in the UK by February 2015 following the apparent success of the pilot scheme that was originally trialled in the North West.

Many Universal Credit detractors predicted that nothing significant would happen, before next year’s General Election, however, Iain Duncan Smith stunned everyone by announcing that Universal Credit will be rolled out to all Jobcentres and local authorities across the country, starting February 2015.

Continue reading »

Beware Of Rental Properties Being Turned Into Cannabis Farms

Beware Of Rental Properties Being Turned Into Cannabis Farms

New Government Guide On Cannabis Farms Launched

The UK Government have launched yet another guide for landlords and their appointed lettings and property management agents warning of the consequences of investment properties being used as cannabis farms.

The launch of the new Home Office Cannabis Farm guide comes as the number of cannabis plants seized by UK police forces across the UK in the past two years exceeds 1 Million.

The Residential Landlords Association (RLA) have stated that its landlord advice team have received calls from a high proportion of private rental sector landlord members who have been affected by criminal activity in their rental properties by drug gangs using them as cannabis farms.

Among a number of concerns that the RLA have is that private landlords can be affected on multiple levels;

Continue reading »

MP's Want Rogue Landlords Banned

MP’s Want Rogue Landlords Banned

New Report Calls For
National Ban On Rogue Landlords

A new parliamentary report entitled “Creating A Better Private Rented Sector” was published by MP’s from the All Party Parliamentary Group (APPG) on Friday 27th June 2014, in order to tackle the apparent problems faced by both landlords and tenants in the UK’s private rented sector (PRS).

The report suggests a full review of the PRS regulatory system to check that it is fit for purpose and the report makes the following recommendations:

 

  • Nationwide banning orders for rogue landlords
  • National licence for landlords
  • Guide for tenants on renting a property

The report has been welcomed by UK landlord associations including the Residential Landlords Association (RLA), who say that the new report “highlights the need for better enforcement by local authorities of the wide range of powers they already have to enforce standards.”

Continue reading »

There Will Never Be A Better Time To Invest In Property

MyPropertyPowerTeam.co.uk helps property investors and landlords build their own property power team to enable them to profit from property - Visit our main site now!