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Councils being “Ripped Off” by Private Landlords, Study Warns

Published On: January 3, 2019 at 9:57 am

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Desperate councils across the country are being “ripped off” by private landlords, who are taking advantage of the growing homeless population, according to a new study.

New figures reveal that local authorities’ spending on temporary accommodation has soared to almost £1 billion.

Analysis by the Guardian and housing charity Shelter found that councils across England spent £997m on temporary accommodation in 2017-18, which is up by 71% on the £584m spent in 2012-13.

Some councils are spending as much as £200 per head on sheltering homeless households in their areas.

Housing policy experts said that the sharp rise in homelessness, coupled with higher charges from private landlords, were behind the increase.

The number of homeless households in England living in temporary accommodation has risen by 47% in the past five years, according to official data. At the end of June 2018, there were 82,310 families in temporary housing, which is up from 55,840 in June 2013.

In a demonstration of the extent of London’s housing crisis, all 32 boroughs in the capital appeared among the top 45 local authorities with the highest per capita spend on temporary accommodation.

Around 55,000 London households are living in temporary accommodation, and almost 70% of England’s homeless families are based in the capital. Only about 6% of London’s private rental market is available to families relying on housing benefit.

Most London councils rely on small private landlords to provide their temporary accommodation. In many cases, landlords can make more profit from accommodation at the bottom end of the market, if it is let to councils for homeless households.

Councillor Darren Rodwell, the London Councils Executive Member for Housing and Planning, said that the cost of securing suitable accommodation for homeless households was growing and the situation was unsustainable.

“These figures show how local authorities and taxpayers are being ripped off by failings in the national approach to this issue,” he said. “The Government needs to take action. It’s clear we can’t keep relying on increasingly expensive private sector accommodation, so more must be done to boost provision of social housing.”

The mayor of Greater Manchester will address the Residential Landlord Association's Future Renting North Conference
Councils being “Ripped Off” by Private Landlords, Study Warns

According to a list compiled using Government statistics, Hackney spent the most per head of its population (£208) on temporary accommodation, which is more than ten times the national average of £18.

While Kensington and Chelsea did not record its spending on temporary accommodation with central Government, a spokesperson said that the council spent £34.35m in the last financial year, which is an equivalent of £218 per capita. That figure does not include spending on housing for the families living in Grenfell Tower.

Among the non-London councils to reach the top 45 were Luton, which spent £77 per capita, Brighton and Hove (£76), and Milton Keynes (£38).

Manchester and Peterborough were the first areas outside of the South East to appear in the list, at £30 and £22 respectively. Birmingham came in at 42nd place, spending £20 per head on temporary accommodation.

Greg Beales, the Campaign Director for Shelter, said: “Long queues of homeless families pleading with councils for help and a billion pounds spent on temporary accommodation are just some of the unwanted consequences of welfare cuts, rising rents and a failure to build social homes.

“And this bill is getting even higher, as landlords charge desperate councils over the odds for some of the least suitable and worst places for homeless families to live, like emergency B&Bs.”

He added: “Not only are these incredibly expensive, families are often forced to share bathrooms and kitchens with strangers, sleep in one cramped room or even share a bed, and children are left with nowhere to play.”

The charity is preparing to publish its major post-Grenfell tragedy report into the future of social housing in England this month.

Heather Wheeler MP, the Minister for Housing and Homelessness, said: “Having somewhere to stay and a place to call home is vital in helping those who are homeless rebuild their lives, and we are determined to make this a reality.

“Temporary accommodation acts as an important safety net – ensuring that the most vulnerable have a roof over their heads until longer-term housing can be found. We’re providing more than £1.2 billion to tackle all forms of homelessness, including funding for programmes such as the Private Rented Sector Access Fund, which will support more homeless families into long-term private rented accommodation.”

The Guardian and Shelter looked at the rise in expenditure on temporary accommodation between 2012-13 and 2017-18. The analysis used Office for National Statistics population estimates to work out per capita spending for each local authority, in order to account for differences in population size.

Landlords Welcome Guidance for Room Size Regulations

Published On: January 2, 2019 at 10:40 am

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Landlords have been welcoming the new guidance for councils on the minimum room size regulations for rented homes.

The guidance on Houses in Multiple Occupation (HMOs) and residential property licensing reforms was published by the Ministry of Housing, Communities and Local Government. It states that a licence holder would be committing an offence if, without reasonable excuse, they breach the licence by:

  • knowingly permitting the HMO to be occupied by more persons or households than is authorised by the licence;
  • failing to comply with a condition of the licence such as a prohibition against occupation as sleeping accommodation.

Whilst the RLA believes that tenants should never face overcrowded or substandard accommodation, it was concerned that the changes could have seen councils required to take action against landlords where a tenant gave birth and as a result there were two people in a room sized for one. 

If they sought to evict during this scenario, they’d be carrying out unlawful discrimination, and the new guidance sets out guidelines to make clear that this will not happen. For example, in section 3.6, the guidance notes: “We would expect that in common with general prosecuting functions, a local housing authority should only proceed with a prosecution if it is in the public interest to do so.”

Plus, the guidance also notes, that: “A reasonable period for compliance must be allowed in certain circumstances (see 3.7 and 3.8)”. The maximum period for landlords to comply with regulations that councils can specify is 18 months, however this can be shortened depending on the circumstance.

David Smith, Policy Director for the RLA, said: “We warmly welcome this new guidance. It reflects considerable work between the RLA and the Government in addressing serious concerns about the consequences of the room size changes.

“The Government has clearly listened to our concerns and this document should provide much greater assurances to landlords and tenants alike.”

Survey Reveals the Homes of the Future that Owners and Tenants Want

Published On: January 2, 2019 at 10:00 am

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Almost a third of homeowners and tenants want homes of the future to be more eco-friendly, according to a survey conducted by Eurocell, a manufacturer, distributor and recycler of PVCu windows, doors, conservatories and roofline systems.

Eurocell’s The Future Home Report draws on the findings of a survey of 1,000 25-40-year-olds that either own or rent their homes, regarding design and build considerations for homes of the future.

When asked about the most appealing design trends that they’d want in their homes, 29% of respondents identified an eco-friendly property, while 24% looked for open-plan living. Floor-to-ceiling windows and a minimalist look came in joint third, at 23%.

When asked further about their attitudes towards eco-friendly building and design, 49% of respondents said that they would be more likely to buy or rent an eco-conscious home. However, despite this interest, only 24% said that they would be willing to pay more money when buying or renting a property with eco features.

Overall, 46% of respondents said that they would be willing to pay a little bit more in rent or price if a property incorporated their favoured design trends. Additionally, 10% said that they would be prepared to pay significantly more.

When asked which top three factors contribute to them feeling good in their own homes, respondents identified the amount of natural light (48%), low noise levels (39%), and feeling safe and secure (37%) as the most important. These were closely followed by access to outdoor space (36%), and the design and layout of the home (35%).

Survey Reveals the Homes of the Future that Owners and Tenants Want

The report also includes expert input from architects and property developers. It reveals insight into the homes of the future that people hope to live in and current trends in the residential market, as well as identifying five trends that are currently defining the future design of homes:

  1. A more advanced private rental sector model

Private rental sector buildings are likely to develop over time to be operated more like clubs, where tenants will have access to facilities across developers’ estates.

This model is certainly interesting in the higher-value private rental sector, with developers in bigger cities starting to make initial inroads into this market.

2. Regeneration

Regeneration of places is playing a huge role in housebuilding at present. Public and private sector collaboration is seen to be driving this trend. For example, homes being built near new schools to meet an increase in demand for housing around these areas, or homes being built above public hospitals and gyms to utilise the space.

3. Creating adaptable living spaces

There is increasing interest and demand for adaptable living spaces that cater for the short-term flexibility that people need. For instance, turning storage space into a bedroom for a weekend, or using partitions to split rooms.

4. Inner versus outer city living

An emerging trend is the difference between rural design, which tends to be more restricted, and city centre living, which is usually more innovative.

As more and more people start their lives in the city and then move out of the city (taking their preferred design trends with them), it is anticipated that this will eventually evolve what developments in more rural locations look like.

5. An increase in modular building

The reputational facelift that modular building has undergone in the past is leading to growth in the sector, with the technique often being cited as a more sustainable way of building, due to the use of a controlled environment and waste reduction.

Chris Coxon, the Head of Marketing at Eurocell, comments on the report: “As the UK is currently in the middle of a housing crisis and is seeking to build 300,000 homes a year for the next decade, we wanted to gain insight into the homes that owners and renters want to live in, to provide the construction sector with a resource that will help them shape homes that people desire.

The Future Home Report incorporates what homeowners hope to see, with the insight of a team of experts, to provide a balanced whitepaper that can help influence how future homes are designed and built.”

What are you hoping for from the homes of the future?

How Letting Agents and Landlords Should Handle Tenant Data, in order to Comply with GDPR Changes

Published On: January 2, 2019 at 9:13 am

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Written by Mandy Webster, data protection auditor and trainer at Data Protection Consulting Limited.

GDPR (General Data Protection Regulation) is embedded in UK law by the Data Protection Act 2018, and Brexit legislation will ensure that it continues to apply after March 2019.

GDPR is a step up from the Data Protection Act (DPA) 1998, but the Information Commissioner (the UK regulator for data protection) was keen to point out that compliance with the DPA 1998 was a good basis for compliance with GDPR. So, although some aspects are tougher, the basic data protection framework remains the same.

Personal data processed for domestic purposes is exempt from data protection law. But, as a landlord, your activities with tenant data are regarded as business activities and the law applies. So, what are the key points to review?

1 Security

Security is a key principle of data protection. Personal data should be secured against unauthorised access, amendment or deletion/destruction. This splits down into: IT security, making sure you have adequate virus protection and secure firewalls to safeguard data; organisational security, ensuring that staff know how to keep passwords secure and to avoid phishing and other online scams; and physical security for offices, paperwork and portable data storage, and access devices, such as tablets, laptops, mobiles and hard drives.

GDPR states that businesses are responsible for compliance with the principles, including the security principle. It also states that organisations should be able to demonstrate how they comply. This means having appropriate policies and procedures in writing around IT security, password management and access rights, office security, bring your own device, and mobile working. It also means training staff about their responsibility for data security, and signposting these policies and procedures.

Personal data breach reporting

A new requirement under GDPR is mandatory security breach reporting. Before GDPR, businesses were encouraged to report data security breaches, but it was a voluntary reporting scheme. GDPR sets out that personal data breaches (that is an incident that puts personal data or subject rights at significant risk) must be reported to the Information Commissioner within 72 hours of becoming aware of the incident. In some cases, where the individual can take action to protect themselves, for example, by cancelling a debit or credit card, the security breach has to be announced to data subjects. Having a personal data breach reporting procedure for staff to follow if a breach occurs is strongly recommended.

2 Risk management and whether size matters

A key feature of GDPR is that it encourages businesses to adopt a proportionate approach and put in place security appropriate to the circumstances of the processing. This does not mean that small businesses can opt out, but businesses that do not process very much personal data, or which have little sensitive data, perhaps just email contact details, name and job title, for example, can be less stringent in their security set up.

If you take an honest view of the data that your business processes as a landlord, you will discover that you hold a lot of information, some of it sensitive, about tenants and possibly third parties associated with them, such as guarantors and household members. So, the fact that you might have a small business is irrelevant; it is the amount and type of data that informs risk management.

Data minimisation is another data protection principle, and it is worth considering what personal data you actually hold and how much of it needs to be retained long-term. If you carry out Know Your Customer checks, do you need to hold onto copies of passports and birth certificates in all cases, or just record that you have seen them? Do you need to hold onto those copies forever, just until the next audit, or until the tenant gives up the tenancy? Your answer will vary depending on the financial regulations and proving the right the live in the UK.

If an agent is used to manage the day-to-day administration of the property portfolio, consider whether the landlord needs any information that is personal data above the basic name and contact details of individual tenants. As long as the agent has complete records, the landlord needs minimal information. Data minimisation is the key to data protection compliance, as it necessarily reduces the risk of holding personal data.

How Letting Agents and Landlords Should Handle Tenant Data, in order to Comply with GDPR Changes

3 Changes to outsourcing arrangements

Under the Data Protection Act 1998, if a business outsourced some of its activities involving data processing, it was under a statutory duty to carry out security compliance checks and to have a written contract in place. Under GDPR, both those compliance requirements carry on, but the terms of the contract have been extended, so, if you use a mailing house to send out rent invoices, or an agent to liaise with tenants, or a payroll service to manage your staff payroll, you will need an update to the contract terms.

4 Changes to subject rights

Most businesses are aware of the right of Subject Access. That is the right of every one of us to access personal data that relates to us that is processed by an organisation. That right continues under GDPR, but the practical arrangements have been updated. A request received electronically must be answered electronically, unless you can agree otherwise with the data subject. Instead of 40 days in which to respond, businesses now have one month and one business day in which to respond. Importantly, the £10 fee for responding to a subject access request may no longer be charged. To charge a fee for the exercise of any subject right is an offence under GDPR, subject to the highest potential level of fine.

Other subject rights continue to apply: the right to object to processing, the right to object to the use of personal data for direct marketing purposes, and the right to object to automated decision making. New subject rights have been introduced in certain circumstances:

  • To allow data portability, where a data subject decides to change from one online service provider to another;
  • Restriction of processing to require organisations to lock down personal data or not to delete it if the data subject requires it to be maintained;
  • Right to erasure of personal data that is no longer required for the purposes for which it was being processed; and
  • Right to specific information about what personal data is being held, the purposes for which it is processed, how long the data will be retained etc. This is known as a privacy notice.

5 Accountability

Another aspect of Accountability is the requirement to appoint a Data Protection Officer (DPO) where:

  • The controller is a public body
  • The personal data is processed for monitoring individuals on a large scale
  • The personal data includes a significant amount of special category data relating to mental or physical health, race or ethnicity, religious or philosophical beliefs, political opinions, sex life or sexuality, TU membership, genetic or biometric data
  • The processing presents significant risks to the personal data or rights of data subjects

Note that Property Management was an activity requiring registration under the 1998 Data Protection Act, so it has always been recognised that the activity is not without risk. The number and type of properties being rented will impact on the decision of landlords to appoint a DPO. In general, a big rental business is more likely to require a DPO, especially if there is CCTV in multi occupancy premises, than a smaller undertaking, where perhaps just a couple of properties are rented out.

6 Consent

There was a frenzy of activity around the introduction of GDPR, with organisations seeking to obtain consent to marketing. This was an ill-informed reaction to GDPR and mis-timed. The requirement to obtain specific, positive consent to direct marketing from individual consumers was introduced back in 2003. GDPR simply clarified for us that consent is an informed, positive action, not to be hidden in terms and conditions, not to be conditional to enter a competition or receive a service, not to be a pre-ticked box or assumption of consent (for example: “By continuing to use this website we assume that you consent to…”) Consent is also revocable.

In general, landlords are not relying on consent when they process personal data relating to tenants.  There is a lease agreement with a tenant, which is a form of contract. Processing necessary under the terms of a contract is the appropriate grounds for processing tenant data. Pre-contract, the grounds are that the processing is necessary prior to entry into a contract. This would also be appropriate in relation to guarantors. If personal data relating to household members of tenants is required, then the appropriate grounds would be processing in the legitimate interests of the landlord to know who is in occupation at the premises for health and safety, and fraud prevention purposes.

So, GDPR expands on some of the existing data protection requirements, but the basic framework of security, keeping people informed and data minimisation are still key aspects of compliance. As landlords, you are data controllers, and you will be expected to have policies and procedures in writing. This is a critical part of your defence, should there be a security breach or complaint investigated by the Information Commissioner. Demonstrating accountability is a statutory requirement.

3 Property Market Lessons to Take from 2018

Published On: December 21, 2018 at 10:59 am

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2018 has been another busy year for the UK buy-to-let market. So, in order to prepare for 2019, Surrenden Invest has put together its top three property market lessons to take from this year.

The specialist property investment agency believes that the potential for both capital growth and healthy rental yields has been sufficient to encourage many investors to grow their portfolios over the course of 2018, despite continued Government tinkering with Stamp Duty and tax relief.

The Managing Director of Surrenden Invest, Jonathan Stephens, says: “Interestingly, while the overall number of buy-to-let landlords in the UK has been falling, we’ve seen the best developments attract a huge amount of attention. The right blend of on-site facilities and city centre location are proving a winning combination, particularly in key regional cities.”

Based on its experience over the past year, Surrenden Invest has put together its top three property market lessons from 2018:

The first

The first lesson is that buy-to-let landlords are maturing and becoming more discerning about where they put their money. For Surrenden Invest, which specialises in choosing developments that are a cut above the rest, it means that 2018 has been a good year.

The second

The importance of regional cities, such as Manchester, is the company’s second take-away from 2018. Investors have largely fallen out of love with London (though odd pockets of potential do remain there, thanks to the sheer size and diversity of the capital’s property market).

Instead, landlords are enjoying the superior rental yields offered by regional cities across the UK. The Buy-to-Let Rental Yield Map 2018/19 from Totally Money shows that Manchester, Liverpool and Newcastle, between them, were home to ten of the 25 highest yielding postcode areas in the country over the course of this year. Average yields hit 9.79% in Liverpool, 8.89% in Newcastle and 7.07% in Manchester.

“Investors who buy in the right locations are enjoying impressive yields,” Stephens says. “Knowing regional markets inside out was more essential than ever for property investment companies looking to maximise their clients’ returns in 2018 – and will continue to be the case in 2019.”

Birmingham is one of the markets that Surrenden Invest expects to see more of in 2019, as the city is a hotbed of entrepreneurial talent and creativity. Its fast-paced property market and thriving business community both support its position as one of the most exciting investment locations in the UK for 2019.

The third

The final of Surrenden Invest’s property market lessons from 2018 is that it’s important to keep a steady hand as Brexit approaches.

Stephens explains why: “Investing in property is ultimately about building up assets that provide returns over the medium to long-term. This isn’t about flipping homes for a quick profit, but about building up a stable, steady stream of income using assets that themselves increase in value over the long-term, too.”

Which property market lessons will you be taking into 2019?

Housing Market Set to Weaken Further Next Year

Published On: December 21, 2018 at 10:28 am

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The housing market is set to weaken further next year, with house prices expected to slip by around 1% across the UK, according to analysis by Home.co.uk.

Nationally, house price growth will be driven down by further falls in the value of homes in the three years that have already retreated into the red during 2018: Greater London, the South East and East of England, Home believes.

The latest asking price figures compiled by Home show that, in the 12 months to December 2018, values fell in the capital by an average of 2.5%. This figure is set to be 3.5% by the end of 2019, as sentiment worsens and homebuyers play wait-and-see, while the price of London properties slides further.

The capital’s tenants are also set for a torrid 2019, with a dramatic shortage of available rental homes causing rent prices to soar further. They have already climbed by an average of 6.3% in 2018, driven by scarcity. Over the past two years, the supply of rental accommodation has plunged by 34%.

House prices in the South East fell by an average of 0.8% this year, and the rate of decline is set to increase to 2% next year. The East of England’s 0.6% drop in 2018 is predicted to more than double to 1.5% over the next 12 months.

Meanwhile, the South West is set to join these regions in the red. In the 12 months to December this year, prices in this region rose modestly, by an average of 0.7%. However, Home expects the South West’s property market to see a price fall of 1% over the course of 2019.

Housing Market Set to Weaken Further Next Year

Some of 2018’s most successful regional property markets are also set for a hammering in 2019.

In the West Midlands, prices have shot up by an average of 5.2% in the 12 months to December, but are set to increase by a far lower rate of just 2% next year. And the East Midlands, which saw annual price inflation of 3.6% this year, should brace itself for zero growth during 2019.

By contrast, Home anticipates only a small drop-off in house price growth in the North West and Yorkshire and the Humber. The North West saw inflation of 4.8% this year, while prices in Yorkshire and the Humber have risen by 4.7%. Both should still see growth of 4% next year.

Wales’ remarkable price growth this year, of 7.4%, also looks set to continue. Five years ago, the principality’s property market was stagnating, due to oversupply, while prices rocketed towards the South East. Now the boot is on the other foot, as the Welsh market tops the growth chart, with prices set to increase by another 7% next year.

However, the prospects for Scotland’s property market look less favourable. While prices have risen by 2.2% during 2018, the increase next year is set to be a more modest figure, of around 1.5%.

Stagnation in the North East is also set to continue during 2019. Prices stalled this year, with just a 0.6% rise. Next year, prices are unlikely to lift much above 1%. This inactivity is a result of years of insufficient reinvestment in this former industrial powerhouse, Home reports.

Doug Shephard comments on the analysis: “Looking ahead to 2019, our trend indicators suggest that national price growth will likely be in the red by 1.0% towards the end of next year.

“We don’t expect London prices to pull out of their shallow dive until 2020, and, what’s more, other regions look set to slide into negativity in 2019.”

He believes: “Going forward, the major challenge for estate agents will be to manage the expectations of vendors in the growing number of regions where prices are sliding. Failing that, property auctions look well placed to profit from the increasing numbers of frustrated sellers in and around London.

“Brexit is not to blame. Sure, May’s mess is not helping, but the current post-boom hangover was baked into the cake when the Bank of England reduced rates to historic lows back in 2009.”