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Em

Em Morley

Letting Agents Must Obey Consumer Protection Laws

Published On: October 18, 2012 at 2:56 pm

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It appears that more calls for regulation in the private rented sector are once again falling on deaf ears, with the Government stating that existing legislation is sufficient.

Existing regulations

Baroness Hanham believes that the Consumer Protection from Unfair Trading Regulations 2008 is adequate in protecting tenants. The legislation applies to letting and sales agents.

Letting Agents Must Obey Consumer Protection Laws

Letting Agents Must Obey Consumer Protection Laws

Hanham also stated that the number of voluntary bodies was another reason why a full regulation of the private rented sector is not necessary.

Consumer protection legislation

Responding to calls for legislation in order to protect young, vulnerable people who cannot raise a sufficient deposit for a home, Baroness Hanham said: “Letting and managing agents are already subject to consumer protection legislation.”[1]

Continuing, she said: “Consumer protection legislation covers issues such as giving false or misleading information, not acting with the standard care and skill that is in accordance with honest market practice, and claiming falsely to be a member of a professional body or approved redress scheme.”[1]

Baroness Hanham believes that sufficient measures are already in place so that, “tenants or landlords who are charged unfair or unreasonable fees by an agent,” are able to “report this to their local trading standards officer.” Alternatively, these issues can be reported to the “Office of Fair Trading, which has both civil and criminal enforcement powers.”[1]

Voluntary schemes

Furthermore, Baroness Hanham stated that between one third and half of all letting agents are members of a voluntary scheme. She said that these schemes “set standards and offer redress if things go wrong”, before categorically stating, “in light of these existing schemes, we have no current plans to introduce further statutory regulation.”[1]

Offering an explanation, she went on to say: “Disproportionate regulation on the private rental sector would push up rents and reduce the choice and availability of accommodation on offer to tenants.”[1]

[1] http://old.lettingagenttoday.co.uk/news_features/Letting-agents-must-obey-Consumer-Protection-laws-says-minister

 

 

 

Beds in Sheds Considered Firetraps

Published On: October 16, 2012 at 9:19 am

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A report has revealed alarming statistics referring to so-called beds in sheds in the London area. The findings show that as a result of sixteen fires in these properties, three people have died and seven were seriously injured since 2009.

What are beds in sheds?

The term sheds with beds refers to illegal buildings provided for let, by irresponsible landlords. These could be outbuildings or converted garages.

On top of the sixteen beds in sheds fires, there have been a total of two-hundred and thirty-five fires in buildings that occupants should not have been residing in. These include derelict properties and squats.

Causes

Of the total fires detailed in the report, there were a number of different causes. These included discarded cigarettes, poor electrical wiring and leaving cooking unattended.

Beds in Sheds Considered Firetraps

Beds in Sheds Considered Firetraps

 

Increase

In August this year, the Government highlighted the problem and issued new guidance designed to help councils stamp out beds in sheds. Hounslow Council has already used a six-figure grant to help hire extra staff to tackle the problem in their borough.

London Fire Brigade is calling on residents in the area to help them locate these types of illegal buildings and to report unscrupulous landlords.

Crada Onuegbu, Head of London Fire and Emergency Planning Authority’s Strategy Committee, said the figures underlined the growing concern. Onuegbu said: “These figures are a stark reminder that properties like these are potentially lethal fire traps.”[1]

She went on to say that it is “inevitable” that people living in these properties would “rely on far riskier ways of heating, cooking and lighting,” but “fire safety is not a priority for the landlords who illegally rent them out.”[1]

Danger

Onuegbu also pointed out: “It’s not only people living in this accommodation whose lives are being put in danger.”

She states: “There’s also an increased risk to our firefighters if they need to carry out life-saving rescues in buildings that are in a state of dereliction.”[1]

[1] http://www.bbc.co.uk/news/uk-england-london-19800791

 

 

 

 

Rent Negotiation Service for Benefit Tenants

Published On: October 16, 2012 at 9:01 am

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A borough of London is to be offered a rent reduction negotiation service for their tenants who claim benefits and are living in private rented accommodation.

It is thought that Islington Council is to be one of the worst affected areas when new benefit restrictions come into effect in April 2013. This is due to high private sector rent increases and a growing number of lone parents.

Caps

The benefit caps will see maximum payments of £350 per week for single people with no children. Additionally, the most lone parents and couples with or without children can get is £500.[1] The council in Islington estimate over one thousand households in the borough will be affected.

Alongside offering negotiation on private rent prices, Islington Council is also proposing housing relocations for tenants. This could see tenants offered property either within or outside of the borough.

[1] http://www.landlordtoday.co.uk/news_features/Council-offers-rent-negotiation-service-for-benefits-tenants

 

 

Property Schemes can be Risky

Published On: October 11, 2012 at 4:57 pm

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British investors looking to buy assets in the property market are being targeted at presentations that claim to reveal the secrets of the sector.

Generally, they are persuaded, and put thousands of pounds into houses they have never seen, in places they have never visited.

Schemes involve purchasing properties that they are told will be rented out immediately. Buy-to-let is indeed strong, however, investors who are convinced by these schemes should investigate thoroughly to ensure they are not wasting their money.

The interest in these investments reflects the buy-to-let bubble of ten years ago, when investors were promised high returns on rental flats abroad or in Britain that are not even built.

Frequently, these developments made huge losses, and sometimes were never even built.

Thousands of empty houses in the USA are up at auction in cities suffering the housing crash. House prices are also dropping in places such as Detroit and Atlanta.

Property Schemes can be Risky

Property Schemes can be Risky

Atlanta saw an 18% decrease last year, and Detroit’s prices have fallen 50% in the last five years. However, property companies are acquiring these houses for just a few thousand dollars, and then gaining a profit by convincing British investors to buy them.

These salespeople say that by increasing the cost from £25,000 to £35,000, you will gain a three-bedroom home with a tenant.

Buy-to-let investors are now being informed that without first inspecting these schemes, they can lose lots of money. Some who have put money into Detroit have been left with dilapidated homes and no tenants.

When the scheme falls, investors are required to pay even more money in tax and fees to uphold the property.

Patricia Busaidy, 67, and her partner Paul Penn-Sayers, 75, purchased a house through a scheme that was promoted by a Cheshire company, Assetz International.

Patricia paid a £2,350 arrangement fee to Assetz in return for securing the property. She was then assured the home would be renovated and would have a tenant within 90 days.

NSUK, who controlled the scheme, then took a further £28,500 from the couple in October 2010. The property, in fact, did not have a tenant and was in desperate need of refurbishment. Despite this, Patricia has still been required to pay £4,000 in tax, and an additional £4,000 for repair work. She was never told she would have to pay these amounts.

Estate agents in the property’s area revealed that homes on the street Patricia’s house was located have sold for figures as low as £800 in the last six months.

Patricia is a British citizen living in France. She says: “It has become a stone around our necks, gobbling up both money and time, causing enormous stress.”1

Assetz have accused NSUK of not refurbishing the houses, alongside another business, Nuevo Skye UK Ltd, who promote the scheme in the UK.

Assetz’s Chief Executive, Stuart Law, insisted that he is helping investors affected by the scheme, but will not return Patricia’s deposit.

British estate agent, Claire Williams, is based in Detroit: “We hear from British people who have bought these homes as prices are so low. They are sent pictures and hand over their money to the investment firm. They then find there is no home, as it’s beyond repair.”1

1 http://www.landlordexpert.co.uk/2012/10/10/buy-to-let-landlords-warned-get-rich-quick-property-schemes-in-uk-us-are-risky/

 

 

 

 

Under-Insurance a Risk for Landlords

Published On: October 10, 2012 at 3:30 pm

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A new caution has been issued to landlords, considering the risks of under-insuring their rental properties.

Aviva Insurance has found recently that a massive 86% of properties are considerably under-insured.

Under-Insurance a Risk for Landlords

Under-Insurance a Risk for Landlords

Following this statistic, letting agency Leaders have informed landlords of the dangers they may come to if they do not fully insure their property to the reinstatement value.

Hepburns Insurance Services work exclusively with Leaders. Charles Foster, of Hepburns, says: “In the event of a claim, if you are found to be under-insured, most insurers will apply average, allowing them to reduce any payments.

“For example, if a flood or fire caused £75,000 of partial damage and the property is insured for £200,000, but it’s true reinstatement is £300,000, this would equate to being one-third under-insured. Applying average, this one-third will be taken off your claim and the insurer would then pay out a maximum of £50,000.

“This would leave the property owner with an under-insurance shortfall of £25,000.

“The current economic climate has led to reductions in the market values of some buy-to-let properties. While property owners may be looking for savings during these times, it is important that this is not at the expense of insurance cover.

“In addition, it is important to remember that when you’re letting your property to tenants, a standard home insurance policy will often exclude let properties. For this reason, a specialist landlord insurance, which includes landlord liability cover, is vital if you own a rental property.”1

Leaders recommend that the sum of the property insured should represent the cost of reinstatement to the existing specification. Ancillary charges should also be contemplated, for example, professional fees.

The suitability of your existing insurance sum can be checked at www.bcis.co.uk/rebuilding.

1 http://www.landlordtoday.co.uk/news_features/Under-insurance-could-hit-you-in-pocket-landlords-warned

Agents Should Help Eradicate Rogues

Published On: October 9, 2012 at 11:11 am

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Letting agents should be doing more to help to eradicate rogue landlords, according to a leading industry figure.

Deputy Director of Private Housing at Communities and Local Government, Sally Randall, said that more agents should not accept properties that are kept in a substandard condition.

Randall also said that letting agents should consider joining SAFE Agent and make consumers aware that it is imperative of choosing a reputable property provider.

She also challenged agents to become better at looking after large property portfolios, as buy-to-let schemes continue to rise.

Randall was speaking at the National Annual Letting Scheme conference.