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Em Morley

PRS Regulations Can Greatly Benefit from Latest Technology, says Gas Tag

Published On: July 15, 2019 at 8:08 am

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Categories: Lettings News

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The ever-increasing amount of lettings regulations in the UK is proving a challenge for letting agents and landlords, according to research from Gas Tag.

Property professionals are struggling to remain compliant and protect the safety of tenants without the aid of the latest technology, it states.

Gas Tag, the gas safety compliance solution, says the best technology will be key in helping agents and landlords to stay on the right side of the law over the next few years. It is there to reduce the margin for error and to save time.

150 acts of Parliament and counting…

It was earlier in the year that the Residential Landlords Association (RLA) highlighted that there are now over 150 acts of Parliament that contain more than 400 pieces of PRS regulations affecting the private rental sector (PRS).

Gas Tag point out that, since then, the Homes (Fitness for Human Habitation) Act and the Tenant Fees Act have been introduced. There are also more PRS regulations, such as mandatory electrical checks and tightening of energy efficiency rules, set to come into force within the next few years.

Paul Durose, founder and CEO of Gas Tag, says: “It’s hugely important for letting agents and landlords to comply with all regulations, as they are in place to ensure tenants’ safety and contribute towards reducing the number of rogue operators in the industry.

“However, it’s easy to see why some might be finding it difficult to stay on top of everything. This is also demonstrated by some local authorities’ well-documented struggles to effectively enforce PRS regulations.”

Although, it’s worth noting that Vanessa Warwick, co-founder of PropertyTribes, clarifies in an article discussing the Homes (Fitness for Human Habitation) Act: “There are no new obligations for landlords under this Act; the legislation requires landlords to ensure that they are meeting their existing responsibilities with regards to property standards and safety.”

Technology can help to manage compliance demands

The pressure is increasing for agents, as the number of PRS regulations continue to rise. Such pressure can lead to an increased chance of human error or people taking shortcuts. This could ultimately put the safety of tenants or the future of the landlord’s property investment at risk.

Durose explains: “With time pressures on agents becoming greater, technology solutions which focus on compliance are needed now more than ever to help agents reduce risk, improve efficiency and free up more hours.

“On top of this, agents with more time on their hands can focus on providing the best customer service, while staff can move away from repetitive administration tasks and return to managing the parts of the lettings process they enjoy most.” 

He also believes that the right technology can also help agents to work more transparently, which can improve the effectiveness of industry regulation and ensure the rental sector is safer and more professional.

How One Council is Leading the Way in Attracting New Landlords

Published On: July 12, 2019 at 8:29 am

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Since the roll-out of their ‘Let With Hertsmere’ scheme back in April, Hertsmere Borough Council have delighted landlords with its simplicity and efficiency. On top of this, Hertsmere Council is offering cash incentives and benefits such as the first month’s rent upfront. 

Plus, by guaranteeing the deposit themselves, Hertsmere has enabled deposits to be larger than the new legal maximum of five weeks’ rent after The Tenant Fees Act came into force last month.

In our exclusive interview with Barry Potts, Housing Initiatives Lead at Hertsmere Borough Council, we find out just what makes the scheme so appealing and how it works.

1. What are the benefits of the scheme(s) to landlords and their tenants? How does it work in practice?

The first scheme is the Cash Incentive Scheme.

Under this scheme Let with Hertsmere will provide any landlord or letting agent with a cash incentive payment for every property taken on by us.  The cash incentive paid to a landlord is determined by the size of the property and the length of the tenancy provided to the tenant i.e. A landlord providing a two-bed property on a two-year tenancy will be provided with a cash incentive payment of around £3000.

Landlords and letting agents operating under this scheme will also be able to utilise the Let with Hertsmere handyperson service – which is a heavily subsidised service to help landlords with the repairs and home improvements for properties let through us. This service will also be available for tenants to assist them with any minor decorating so the landlord can be confident with the standard of work being completed.

Any tenants put forward will have undergone a full affordability and suitability assessment; as well as pass a mandatory pre –tenancy training course to help with their move into the property. For tenants requiring financial assistance we will fast track all housing benefit claims so they will be in payment within seven days.

Landlords will also have the option of an Assured Short-hold Tenancy agreement and landlord support packs. 

The second scheme is the Rent Deposit Scheme. 

Under the Rent Deposit Scheme landlords will be provided with an eight-week deposit (in the form of a bond certificate) which is secured against any rent arrears or damage to the property and the first month’s rent in advance.

To encourage landlords to offer longer tenancies, Let with Hertsmere will pay the landlords’ insurance (up to a maximum of £500 a year) for tenancies of 24 months or more. This includes a provision for guarantee of rent and we will ensure it is suitable for those tenants in receipt of housing benefits/Universal Credit. Unlike the Cash Incentive Scheme, landlords will also have access to a tenancy sustainment and landlord liaison officer to help provide guidance and assistance as and when required. Landlords and letting agents operating under this scheme will also be able to utilise the Let with Hertsmere handyperson service.

2. Does the council pay the entire two month’s deposit?

The deposit is held in a bond certificate and therefore enables us to secure/hold more than the five weeks landlords are now limited to under the recent changes the Government has made. At the end of the tenancy, if the landlord has to claim against any rent arrears or damage, we will pay out to the maximum secured against the property (as long as suitable evidence has been provided).

3. Is this just for tenants that would normally qualify for social housing?

It depends, as we are also using this to help prevent those threatened with homelessness who will not have had a final decision made on any application.

4. At the end of the tenancy, who pays for any deductions from the deposit?

Hertsmere Borough Council pay any money owed to the landlord (within the confines of the deposit secured) and reclaim any amount back from the tenants.

5. Have you had any interest from other local councils looking to set up their own versions of the scheme?

Yes, we have had several local authorities interested to learn more about what we are currently offering.

7. How should landlords looking to get involved in the scheme get in contact with you?

If you would like more information on the scheme, or would like to offer your rental property to the scheme, please contact Let with Hertsmere on 0208 207 7555 or email letwithhertsmere@hertsmere.gov.uk  or visit www.hertsmere.gov.uk/letwithhertsmere

EPC Research Highlights 33,000 UK Properties are Potentially Being Let Illegally

Published On: July 12, 2019 at 7:57 am

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Results from a recent study show that 33,000 properties in the UK are potentially being let illegally.

The study has explored the risks and impacts on the reliability of Energy Performance Certificates (EPCs), uncovering a staggering amount of properties across the UK potentially being unwittingly let illegally.

Using Spec, the VR property viewing solution, it has estimated that approximately 2.5 million EPCs have been inaccurately rated, due to poor measurement standards currently used by the property sector.

Impacts of Inaccurate Area Measurement on EPC Grades contains the results of this study. It’s a report that explores how using such out-dated techniques to measure floor space can have a significant impact on the accuracy of EPCs.

According to this study, one in four EPCs are mismeasured by at least 10% of their size. There is also the indication that one in four property measurement reports are out by at least 100 square feet, which could mean serious consequences on the validity of EPC ratings across the country.

Spec highlights that there is an estimated one million properties that require an EPC to be legally let in the UK. It is thought that approximately 33,000 E-rated properties are incorrectly rated, therefore making the letting them illegal.

It is also pointed out that the incorrect measurements leading to miscalculated EPC ratings also result in inflated mortgages or under insured houses. This affects the owner’s ability to qualify for a ‘green mortgage’, which financially benefits those with better performing properties.

James D Marshall, Founder and CEO at Spec said: “With the growing importance of EPCs, financially, legally and environmentally, it is crucial for owners to be aware of the effects that inaccurate property measurements could have on their EPC ratings. A property’s energy efficiency rating ranges from A-G, with G being the worst possible rating.

“We know that the Government hopes to have homes in the private rented sector, and all fuel-poor homes, to be upgraded to EPC band C by 2030 under its Clean Growth Strategy. However this target currently remains fanciful due to the inaccurate measurements set in place.

“It’s also clear that property professionals must very carefully consider what services and systems their business is using. Properties being marketed with inaccurate EPCs are a legal liability both to the agents marketing them and the owners or landlord renting them,” he said.

Average Rent Prices Rise Significantly for First Time in Two Years

Published On: July 11, 2019 at 9:09 am

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Average rent prices in the UK saw an increase during the second quarter of this year (2019), according to the latest edition of The Deposit Protection Service (The DPS) Rent Index.  

The average rent rose from £757 to £771 (1.79%).

This report highlights that the increase between April and June is the first significant uplift in rents since the average monthly UK rental price began to decline in the last quarter of 2017.

Daren King, Head of Tenancy Deposit Protection at The DPS, said: “The increase in rents during the second quarter of 2019 is striking, after a prolonged period of stagnation in the market.

“Many commentators predicted that the tenancy fees ban would drive up rents as letting agents and landlords looked to alternative sources to cover costs but, with the ban coming in late in this quarter, it’s too early to say whether it is behind the hike.

“Given the economic factors that were behind the drop in rent prices remain relatively unchanged, it will be interesting to see if the upward trend increases between July and September.”

This report from the DPS also states that monthly average rent prices have increased by £7 (0.87%) from £764 year on year.

London also saw its first increase in average rent since the last quarter of 2017, which rose from £1,288 in Q1 2019, to £1,319 in Q2 2019 (2.42%).

Looking outside of London, the monthly average rent for the rest of the UK now stands at £673, showing an increase of £10 (1.5%) on the last quarter. This is also a marginal increase of £2 (0.25%) compared with the same quarter last year.

All property types have seen a rise in average rent across the UK, but the largest increase has been witnessed for terraced properties, with averages rising from £699 to £731 (4.59%).

Right to Rent Court Case – Landlords Should Have Their Say

Published On: July 11, 2019 at 8:30 am

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With the continuation of the Government’s Right to Rent scheme under question, landlords will have a major part to play in the court’s consideration of its abolition.

The Government has decided to appeal against the High Court’s damning criticism from earlier in the year that the Right to Rent scheme breaches human rights law as it causes racial discrimination that otherwise would not happen.

Following a Judicial Review of the policy secured by the JCWI and supported by the Residential Landlords Association (RLA), it was concluded by the presiding judge that discrimination by landlords was taking place “because of the Scheme.” He highlighted that discrimination by landlords was “logical and wholly predictable” when faced with potential sanctions and penalties for getting things wrong.

The Court of Appeal has now agreed that the RLA will be able to make a written and oral submission to the case ensuring that the views of landlords are at the centre of the case.

The Right to Rent policy states that private landlords face potential imprisonment of up to five years if they know or have “reasonably cause to believe” that the property they are letting is occupied by a person that does not have the right to rent in the UK. 

Theresa May introduced the scheme during her time as Home Secretary, as part of the Home Office’s hostile environment for immigrants.

The RLA, the JCWI and the3million, which represents EU citizens in the UK, got together last month to call on Boris Johnson and Jeremy Hunt to scrap Right to Rent in the event that one of them becomes the next Prime Minister.

David Smith, Policy Director for the RLA, said: “The Right to Rent has been a failure. No one has been prosecuted under the scheme but it has created a great deal of anxiety for landlords who do not want to go to prison for getting it wrong.

“We are disappointed that the Government has chosen to appeal against what was a clear and damning verdict by the High Court. However, we will ensure that the views of landlords are well represented as we send a message that they should not be used to cover for the failings in the UK border agencies.”

Stress Testing Your Buy-to-Let Portfolio More Important than Ever

Published On: July 10, 2019 at 9:05 am

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Private rented sector landlords certainly haven’t had an easy ride over the last 4 years or so. Section 24’s effect of majorly restricting mortgage interest rate relief combined with the Stamp Duty surcharge, buy-to-let borrowing restrictions and the looming risks of interest rate rises have resulted in a more unstable landscape to operate in. Whilst controlling the rampant speculation of previous cycles isn’t a bad thing, this new environment evidently disfavours those who are unwilling to adopt a professional approach.

Stress Testing Your Buy-to-Let Portfolio…

Stress or scenario testing your portfolio is an excellent way to avoid (or at least anticipate) any surprises, particularly as the chances of any legislative changes remain slim.

Below, regardless of the size of your portfolio, Ruban Selvanayagam, of sell house fast company Property Solvers has outlined some of the ongoing checks and balances worth undertaking on a regular basis. 

Section 24 the Finance (No. 2) Act 2015

At the time of writing, 75% of mortgage interest on buy-to-let property borrowing is non tax deductible.  Although there is an applicable 20% credit, a further 25% of mortgage interest relief will be restricted from the 2020/21 tax year.

Although there are landlords who have been receiving alarmingly high tax bills, it would be fair to say that most have been proactive in dealing with the inevitable effects of this legislation.  

Much depends on the individual’s own financial circumstances – particularly the level of gearing.  As a result, some have decided to deleverage by selling parts of their portfolio. 

Others have been transferring properties into Limited company structures or simply exiting the sector completely.  According to Savills, 120,000 buy-to-let mortgages have been redeemed since the introduction of the Stamp Duty surcharge in 2016.

The time lag between the official tax year end and when tax is owed highlights the importance of closely monitoring your portfolio’s financial performance. Even amongst proposals to increase the basic rate of tax threshold, which would result in a certain proportion of landlords becoming less exposed, it’s still worth undertaking the following:

  • Use bookkeeping tools like Xero and QuickBooks to stay on top of monthly cashflow (typically using the profit and loss calculators).  These figures can then be transferred to an Excel or Google spreadsheet. A simple excel formula can calculate ongoing tax liabilities to avoid surprises and mitigate the impact of the legislation to the best of your ability;
  • Use the same tools to get an average level of monthly cash flow and deduct a further 25% to get a broad understanding of what your tax liability will be post April 2020.

It’s worth referring your calculations over to an accountant to ensure that your forecasts are aligned with the legislative guidelines.

Prudential Regulation Authority (PRA) Buy-to-Let Borrowing Requirements

Accept that the days of high loan to value lending are over and lenders will be heavily scrutinising any mortgage or remortgage application you make.

You will need to ensure that the rent on the property covers 145% of the mortgage payment when the interest pay-rate is at 5.5%.  Although there is a degree of flexibility on this calculation, lenders are required to investigate your existing portfolio (and the associated debt load) alongside ongoing tax liabilities. Control the risks by:

  • Keeping up to date with your accounts and ensuring you’re in a sound financial position;
  • Regularly checking your credit rating;
  • If you own multiple properties, checking whether there are any that will need extensive refurbishment works in the future.  These costs should be factored into your forecasts and overall liquidity profile – especially if you are considering taking on more secured debt;
  • Checking what the standard variable (reversion) rates are on the mortgage.  In a situation where you were unable to remortgage, would the property’s financials still stack up?
  • Checking that you have enough reserves to be able to afford any potential cash injections into the portfolio. 

It’s also worth noting that more landlords are tapping into Limited company borrowing.  Although payrates are generally higher, with the landscape is becoming more competitive, many expect more cost-efficient products to appear as this segment of the market matures.

Stress Testing Your Buy-to-Let Portfolio More Important than Ever
Stress Testing Your Buy-to-Let Portfolio More Important than Ever

Interest Rate Rises and Wider Macro Economic Risks

For over a decade now, commentators and economists have attempted to predict when and how the Bank of England’s Monetary Policy Committee will push up interest rates. 

It’s never been an easy call to make – particularly after the Brexit referendum.

Yet, with most mortgage holders paying less than 4% as an interest rate, future rises are likely to be gradual.  It is, nonetheless, worth preparing for such an eventuality:

  • Apply different rates of interest and scenarios to your portfolio.  For example, what would happen if the market was to crash and you struggle to refinance?  Would your rent roll comfortably cover your mortgage payments and all the associated costs?
  • Consider that in a market downturn falling rents and growing incidences of arrears may become a reality;
  • Look at the target demographic of your tenants.  For example, if you let to those in receipt of Local Housing Allowance (LHA) be mindful of potential cuts and how that will impact your portfolio’s performance;
  • Particularly in a no-deal or disruptive Brexit scenario, with an increased likelihood of an inflation surge, the Bank of England may have no other choice but to forcefully raise interest rates.  Although many mortgaged property owners will be in the same boat, the financial levers that lenders had after the last crisis (namely quantitative easing) may not be available.