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Em Morley

Change in legislation needed for second homeowners avoiding council tax

Published On: September 4, 2019 at 8:17 am

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Categories: Law News

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Scarborough Council has met to discuss approaching the Government about the current issue with second homeowners avoiding council tax.

Along with other councils, the authority is concerned about the flaw in the tax system that allows people to register second homes as businesses in order to claim relief from tax payments.

A report from the Council states that these homeowners “pay no taxation whatsoever into the local economy as they are eligible for the property to be assessed under the business rates legislation and can then apply for small business rates relief”.

Councillor Steve Siddons, leader of Scarborough Council, looks to work with South Hams, North Norfolk, the Isles of Scilly, South Lakeland, Dorset and Cornwall councils to lobby the Government for a change in legislation. He believes that it is necessary for self-catering accommodation to be taxed solely through the council tax system.

Councillor Siddons highlighted that the authority is missing out on vast sums of money, with conservative estimates putting the figure of avoided council tax at £2.56m a year. Scarborough Council would keep approximately £330,000 of this.

Councillor Siddons has commented: “People are using this loophole to avoid paying any kind of council tax at all, I’m sure this is not the way the Government intended the system to work.

“My opinion is that if you are using services then you should be paying for them. There will be some people who are honest and are paying tax but we know there are others who are not.

“There are a number of loopholes that people can use to manipulate the system avoid paying council tax and we would like to see those closed. There are a number of loopholes that people can use to manipulate the system avoid paying council tax and we would like to see those closed.”

Little change in UK house price growth during August

Published On: September 3, 2019 at 8:35 am

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Categories: Property News

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The Nationwide House Price Index for August 2019 is now out, showing that there has been little change in the UK house price growth.

The highlights of the month’s report include:

·     Annual house price growth remained subdued at 0.6% 

·     Prices unchanged month-on-month, after taking account of seasonal factors 

Commenting on the figures, Robert Gardner, Nationwide’s Chief Economist, said: “Annual house price growth remained below 1% for the ninth month in a row in August, at 0.6%. While house price growth has remained fairly stable, there have been mixed signals from the property market in recent months. 

“Surveyors report that new buyer enquiries have increased a little, though key consumer confidence indicators remain subdued. Data on the number of property transactions points to a slowdown in activity, though the number of mortgages approved for house purchase has remained broadly stable. 

“Housing market trends will remain heavily dependent on developments in the broader economy. In the near term, healthy labour market conditions and low borrowing costs will provide underlying support, though uncertainty is likely to continue to exert a drag on sentiment and activity. 

Lucy Pendleton, founder director of independent estate agents James Pendleton, has commented: “The property market remains in a state best described as stasis and for a good 15 months now, buyer behaviour has been characterised by a good deal of tyre kicking. 

“Evidence of this can be seen in the woeful transactions figures of late. However, that’s not to say that buyers have retreated entirely. They are still looking. In fact, buyers are still all over the property portals like a rash but they just aren’t pulling the trigger. 

“Instead, they’re sitting tight and whether you choose your metaphors sympathetically (snipers) or not (vultures), the end result is the same. 

“The pace of the market is extremely slow and in London more expensive properties are being hit hardest. Anything between £1.4m and £1.8m is sticky and hanging around longer. 

“The market has washed up where it is with a growth rate that makes European Commission meetings look thrilling because of inaction, not some hard fought war of attrition between buyers and sellers over fair value. 

“The willingness of some vendors to discount continues to be frequently undone by the reluctance of others to follow suit. Normally this ‘paying forward’ of discounts is what can get chains over the line but disagreement about the economic outlook is leading to a lack of cooperation.

“The housing market’s two great foes remain Brexit and Stamp Duty.”

You can read the full report here.

New ‘Right to Buy’ proposal will provide tenants with opportunity to purchase their homes

Published On: September 3, 2019 at 8:02 am

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Categories: Tenant News

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A proposal has been made for a new ‘Right to Buy’ scheme by Shadow Chancellor John McDonnell.

His plan is to help millions of private renters in the UK to eventually buy their homes. In an interview with the Financial Times, he highlighted that he plans to tackle the “burgeoning buy-to-let market” and the issue of problem landlords uninterested in improving housing for tenants.

McDonnell told the Financial Times that the Government should establish the criteria for a reasonable price for a property and then this would become the right to buy.

David Smith, Policy Director for the Residential Landlords Association (RLA) has commented on this news: “Labour’s proposal would effectively kill off a large part of the private rented sector denying a home to many thousands of people. If there was to be any chance of this becoming law, there would be a mass sell-off of properties in advance. 

“The RLA is all in favour of landlords selling to sitting tenants but it must be entirely voluntary. Anything else amounts to a form of compulsory purchase.” 

Chris Norris, Director of Policy and Practice at the NLA, said: “To suggest that private landlords should be selling their properties to their tenants at a below market rate arbitrarily set by politicians is ludicrous. Landlords had to pay market rates themselves. It’s only right that, if and when they decide to sell it, they can do so at market rates. 

“If Labour does indeed wish to fix the housing crisis, they should focus on encouraging the government to build more social housing, which is what the housing sector is lacking.”

“John McDonnell’s assertions that landlords are looking for a quick buck and don’t maintain their properties shows a serious lack of knowledge about how the vast majority of landlords run their businesses. These good landlords should not be punished for the sins of the few who fail in their obligations to provide tenants with a decent home.”

Investment in housing benefit could save thousands from homelessness

Published On: September 2, 2019 at 9:09 am

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Categories: Property News

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A new report from Crisis released today supports the belief that investment in housing benefit would prevent thousands from becoming homeless.

Crisis believes that restoring the levels of housing benefit, otherwise known as Local Housing Allowance (LHA), could make a massive difference.

If it truly covered the costs of market rents, housing benefit has the potential to prevent more than 6,000 households from being forced into homelessness. It could also lift more than 35,000 children in the UK out of poverty in the next three years.

The research, conducted by Alma Economics, outlines the three-year cost and benefit analysis of a Government investment of £3.3 billion in LHA for immediate net benefits of £2.1 billion. Crisis is calling for £820m in the next year as part of upcoming spending decisions.

The charity believes that lifting the benefits freeze and investing in LHA would help thousands currently close to becoming homeless by covering the costs of the cheapest 30% of market rents.

It would also help those already homeless to afford a rented home and significantly reduce the number of families and individuals turning to their local councils for help. In turn, this would reduce the need for homelessness services and extremely expensive temporary accommodation.

Alongside the immediate net benefits of £2.1bn over the three years, this would also give the Government time to build a sufficient supply of truly affordable housing in the years to come whilst ensuring that homelessness across the country doesn’t continue to rise.

LHA is the housing benefit aspect of Universal Credit, providing support to those on low incomes who are unable to meet the cost of private rent. LHA rates were originally set to ensure the recipient could afford the cheapest third of properties in their area, meaning most were able to access a safe and stable home to build their lives in. 

However, there has been a series of cuts to LHA over the years, including a four-year freeze from 2016. This has led to rates failing to keep up with the cost of rents in most areas across the country, meaning safe, affordable housing is becoming increasingly difficult to find.

With families and individuals often accumulating debt having to make up the shortfall between their LHA and rent, this mounting financial pressure means they are easily forced out of their home and into homelessness.

Crisis is now calling on the Government to commit to restoring the LHA rates so that they cover the true cost of rent.

Jon Sparkes, Chief Executive of Crisis, said: “Everyone in our society should have the means to rent a safe, stable home where they can build their lives. But every day at Crisis, we hear of the agonising stress and anxiety people face, unable to afford their rent and keep the roof over their head.

“Right now, people are losing their homes and being left trapped in homelessness, unable to get back into adequate housing. We have to stop this happening.

“The UK Government has made commitments to end rough sleeping and reduce homelessness, but without addressing the root causes behind homelessness, it will sadly continue to rise.

“Long-term solutions like building more affordable social homes will take time so in the meantime, investing in LHA, so it covers the true cost of rents, provides the quickest and most effective opportunity to help those already homeless back into housing and for thousands more, prevent it from happening in the first place. 

“Over the coming weeks, we urge the Government to prioritise investment in Local Housing Allowance as part of its upcoming spending decisions – this research makes a clear-cut case that doing so will have an immediate financial and human impact. Ending homelessness for good is truly within our capabilities but will only be made possible by taking steps like this.”

Terrie Alafat CBE, Chief Executive of the Chartered Institute of Housing, said: “The Chartered Institute of Housing is pleased to join Crisis and so many other organisations in calling on the government to restore local housing allowance to cover the most affordable 30% of rents.  

“It is a national shame that thousands of families face being made homeless and councils are spending £1 billion a year on temporary accommodation because LHA is failing to do its job. Addressing this issue will bring the government significant savings in the benefit bill, as well as giving some of our most vulnerable fellow-citizens a more secure environment in which to live.

“A staggering 97% of private rents in England are currently simply unaffordable under benefit rules. This leaves thousands of families having to choose between paying their rent and feeding their children. The social and economic cost of this broken system simply cannot be justified.”

Tenants could be owed a refund as data highlights average tenancy deposit exceeds cap

Published On: September 2, 2019 at 8:25 am

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Categories: Tenant Fees Ban

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Tenants in England could be owed a refund due to the new deposit cap introduced earlier this year.

An analysis from Generation Rent estimates an average of £117.90 will be sent as one-off payments to those who have been affected.

On top of this, new findings, based on Freedom of Information data, include:

  • The average tenancy deposit is worth £1,107.90 
  • 3.98m tenants’ deposits are protected by the three approved schemes 
  • Tenants’ deposits are worth £4.41bn 

Tenancy deposits are now capped at 5 weeks’ rent. This means that when tenants sign a new fixed-term contract on their existing home, their landlord must hand back anything above 5 weeks’ rent.

The average (mean) monthly rent in England in March 2019 was £858, according to the Valuation Office. The new maximum permitted tenancy deposit on this would be £990.

But, according to data obtained by Generation Rent under the Freedom of Information Act, the average (mean) deposit protected by the three approved protection schemes is £1,107.90 – a difference with the 5-week average of £117.90.

A government call for evidence on tenancy deposits closes on Thursday 5th September. Generation Rent is calling on ministers to enable renters to access some of their deposit to put down on a new home once the final month’s rent is paid.

Just making two thirds of the deposit available for passporting (setting the rest aside for any damage claims) would have a bigger impact on tenants’ cash flow when moving home than the fees ban.

The Freedom of Information request to the Ministry of Housing, Communities and Local Government also revealed that the three schemes – Tenancy Deposit Scheme, Deposit Protection Scheme and MyDeposits – were protecting 3.98m tenancy deposits worth £4.41bn between them on 31 March 2019.

Generation Rent argues that with deposits being passported between tenancies, the cash would not need to physically leave the protection schemes, so could be held in long term, interest-bearing accounts.

Given the potential refunds owed to tenants, the value of deposits would shrink to £3.94bn, but an interest rate of 2% would still return £78.8m, which could benefit tenants further.

Dan Wilson Craw, Director of Generation Rent, comments: “While fees on new tenancies have been illegal since 1st June, tenants who stay put could also stand to benefit, so it’s worth checking how much deposit you paid originally and if you are owed any of it back.

“The Tenant Fees Act is already putting cash back into tenants’ pockets, but we could slash the upfront costs of moving home further still, by letting tenants passport their money between tenancies.

“By making it easier to move out, the government would also give tenants more negotiating power with their landlord over rents and repairs.”

Majority of property investors work in technology industry

Published On: August 30, 2019 at 8:54 am

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The majority of property investors included in a recent survey work in the technology industry.

New research carried out by leading UK property developer SevenCapital looked at different industries across the world, with participants from the UK, Hong Kong, UAE and South Africa.

59% of the investors surveyed responded that they invest in property. Of these, 23% work in IT and Telecoms. Next to this, 19% are property investors working in finance-based professions.

At the other end of the scale, those least likely to invest in property appear to be those working in Arts and Culture. Under 3% of property investors work in this sector.

SevenCapital poses the question: “What is it that those in the technology industry – the fastest growing industry, known for disrupting many other industries – see in old fashioned bricks and mortar as a good investment?”

Is it a coincidence that these interesting statistics come at the same time it is revealed that the UK’s tech industry has secured record levels of foreign investment – overtaking the US for the amount of investment per capita – and UK PropTech has finally begun to gain ground?

Andy Foote, director at SevenCapital comments: “The easy correlation would be that property, requiring a higher initial investment but that over the long-term has the potential to deliver the highest, stable yield, may be more quickly accessible to the industries that are doing well financially.

“However, maybe there’s a closer correlation between fast growing, disrupter industries identifying with the need for a tried and tested foundation, recognising the importance and somewhat solidity of a traditionally and arguable more stable investment. 

“On the other hand, given the tech industry’s natural stance as a leader of innovation, certainly in recent years proving the power technology offers to move and improve other industries, are those in this industry ahead of the game with future trends?

“Whilst we’ve seen increased nervousness around property investment over recent years due to various tax changes and, for some cases, the uncertainty of Brexit, could it be that those working on transforming the industry through tech advancements have more confidence in how the market will perform in the future? It’s certainly an interesting concept.”

IT and Telecoms and Finance industries were also the most confident about property investment in the future.