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Government to Make Improvements to Property Agent Sector

Published On: October 16, 2018 at 9:34 am

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The Government has announced plans to make improvements to the property agent sector.

Heather Wheeler MP, the Minister for Housing and Homelessness, unveiled a new working group made up of experts from across the property industry. It will consider options to raise standards in the property agent sector, including the case for regulation and mandatory qualifications for all property agents, so that landlords, tenants, homebuyers and vendors can be confident that they are receiving a professional service and are being charged fairly.

The working group, chaired by Lord Best, will report its recommendations to Government by summer next year.

The group will consider the entire property agent sector to ensure that any new framework, including professional qualification requirements, a code of practice and a proposed independent regulator, is consistent across letting, management and estate agents.

Wheeler says: “For too long, many people have faced incurring fees and bad service from a number of property agents. People should have confidence when buying, selling or renting a home.

“Lord Best’s wealth of knowledge will provide a valuable insight and help us make necessary changes, to ensure consumers have confidence when buying, selling, letting or renting their home.”

She adds: “Lord Best will be joined by representatives of agents and consumers, as well as independent experts, with the group instructed to report back to Government in summer 2019.”

A recent report from Which? found that 85% of landlords who use an agent are satisfied with their service, while 67% of tenants are pleased with the way that their agent repairs and maintains their homes.

However, Lord Best points out that there have been calls for tighter, fairer regulations of the property agent sector from those representing landlords, tenants and even agents themselves.

He comments: “I am delighted to work with Government, industry and consumers to advise on how we can accomplish this in practice, and I look forward to our working group achieving real progress together.”

Members of the group, which has been designed to ensure that the entire sector is represented, and the needs of both businesses and consumers are considered, include: the Royal Institution of Chartered Surveyors; the National Landlords Association; Citizens Advice; ARLA Propertymark (the Association of Residential Letting Agents); and NAEA Propertymark (the National Association of Estate Agents).

The announcement follows similar Government plans to crack down on the leasehold sector.

Government to Crack Down on Leaseholds for New Build Houses

Published On: October 16, 2018 at 9:00 am

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The Government has announced that it will crack down on leaseholds for new build houses, guaranteeing that almost all new build houses will have to be sold as freehold, while ground rents will be capped at just £10 a year.

The Government made the announcement at the weekend, and the Communities Secretary, James Brokenshire MP, launched a new consultation on the plans yesterday.

According to Government statistics, leaseholders currently pay an average of more than £300 ground rent per year, with some paying up to £700.

There was no suggestion that the move will be retrospective, indicating that some recent homebuyers could still find their properties difficult to sell.

Government to Crack Down on Leaseholds for New Build Houses

Government to Crack Down on Leaseholds for New Build Houses

Brokenshire said: “Unfair ground rents can turn a homeowner’s dream into a nightmare by hitting them in the back pocket, and making their property harder to sell.

“That’s why I’m taking concrete action to protect homeowners and end those unscrupulous leasehold practices that can cost tenants hundreds of pounds.

“While leasehold generally applies to flats with shared spaces, a number of developers have been increasingly selling houses on these terms, placing further financial burdens on those looking to buy a house of their own through unnecessary surcharges like ground rent.

“This can also mean that selling their home is more expensive and take longer than selling a freehold property.

“Under the Government’s proposals, which are subject to consultation, the majority of new houses will be sold as freehold, and future ground rents will be reduced to a nominal sum.

“The consultation will also seek views on what are the appropriate and fair exemptions, such as shared ownership properties and community-led housing to ensure consumers’ best interests are at the heart of the property market.”

The announcement also made reference to the Tenant Fees Bill, saying that the new crackdown on leaseholds “builds on action under way to make the property market fairer, including a crackdown on rogue landlords and ending unfair charges for tenants”.

The consultation will now run for six weeks. Estate agents have been invited to comment.

The Chief Executive of NAEA Propertymark (the National Association of Estate Agents), Mark Hayward, responds to the announcement: “Thousands of homeowners across the country are facing escalating ground rents, charges for making alterations to their properties and unable to sell their home. Therefore, it’s only right the Government looks to crack down on unfair leasehold practices, to stop even more people feeling trapped in homes they cannot afford to continue living in.

“Our recent Leasehold: A Life Sentence? report found almost half (45%) of leasehold houseowners didn’t know they were only buying the lease until it was too late, two thirds (62%) feel they were mis-sold and the vast majority (94%) regret buying a leasehold. This shows that, for too long, housebuilders and developers have not been transparent enough about what it actually means to buy a leasehold property.”

He adds: “However, this announcement is only good news for those looking to buy a leasehold property in the future. With 4.2m leasehold properties in England, many will remain stuck in their lease with no straightforward way out and the industry needs to help them.”

Homeownership Up and Rents Down Following Landlord Tax Changes, Reports Generation Rent

Published On: October 16, 2018 at 8:08 am

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Homeownership levels are up, while rent prices have come down following the Government’s recent landlord tax changes, according to a new report from tenant lobby group Generation Rent.

Despite warnings from across the property sector that the curbs on buy-to-let landlords would lead to rent price hikes, due to a potential decline in housing supply, rents have in fact fallen in real terms.

The study shows that a decrease in the stock of private rental homes has no bearing on rent prices, and should not be seen as a barrier by policymakers to reforming the sector.

The 3% Stamp Duty surcharge for additional properties and the phased restriction of mortgage interest tax relief were announced by the then-Chancellor, George Osborne, in 2015, to give first time buyers the edge over landlords in the property market.

Since the Stamp Duty surcharge was introduced in April 2016, the private rental sector has shrunk, by 111,000 by the second quarter (Q2) of 2018, but warnings of crippling rent rises have been confounded.

Homeownership Up and Rents Down Following Landlord Tax Changes, Reports Generation Rent

Homeownership Up and Rents Down Following Landlord Tax Changes, Reports Generation Rent

In fact, real rents (adjusted for inflation) have dropped by an average of 2.8% in the same period. Generation Rent notes that there is, therefore, no evidence that a reduction in the supply of rental homes has pushed up rents.

This is unsurprising, it says, since homes moved out of the private rental sector tend to be matched by a family moving from renting to owning.

Consequently, the supply of rental homes and the demand for them move together, leaving the balance – and rents – unaffected.

If measures to improve tenant security caused more landlords to sell, Generation Rent believes that this would raise homeownership and improve the experience of tenants, while having no impact on the level of rent.

Generation Rent is part of the End Unfair Evictions coalition with ACORN, the London Renters Union and New Economics Foundation, calling for the abolition of Section 21 notices, which allow landlords to evict without giving tenants a reason.

To mitigate the hardship of unwanted home moves and encourage sales with sitting tenants, Generation Rent proposes that landlords be required to pay compensation to a tenant they evict on no-fault grounds.

The number of first time buyers per year has already grown by 21% since Osborne’s first announcement on landlord tax changes in July 2015, to 366,000 in the year to June 2018.

The landlord tax changes were one of two recent shocks to the size of the private rental sector that Generation Rent explored in its report; the other was the surge in demand for rental housing, after mortgage lending on low deposits evaporated in 2008. In this case, real rents also fell.

Growth in the private tenant population, as measured by the Labour Force Survey, rose from 182,000 per year between Q2 2005-Q2 2007, to 321,000 a year between Q2 2007-Q2 2010. In the three years from January 2008, rents dropped by 6.7% in real terms.

Dan Wilson Craw, the Director of Generation Rent, says: “Despite scaremongering by the property industry, renters have little to fear from a housing market that is no longer a playground for speculators. If homes leave the private rented sector, then so do the private renters, who are now able to become homeowners. The balance of supply and demand is unchanged and so are rents.

“Policymakers should therefore worry less about the impact of reforms on landlords’ investment decisions, and focus instead on introducing the kind of regulation the sector so badly needs.”

He insists: “Any efforts to boost homeownership must be matched by reforms that protect tenants whose landlord wants to sell. We need to put an end to landlords evicting without a reason and cushion the blow for tenants who are forced to move through no fault of their own. Requiring landlords to compensate tenants would achieve this while encouraging sales with sitting tenants.”

IMLA Calls for Clarity Around the Future of the Help to Buy Scheme

Published On: October 15, 2018 at 10:54 am

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The Intermediary Mortgage Lenders Association (IMLA) is urging the Government to provide much-needed clarity around the future of the Help to Buy equity loan scheme, to prevent destabilisation of the housing market and preserve the ability to offer financing to first time buyers.

The IMLA, which represents the large majority of first time buyer loan underwriters in the UK, notes that the scheme has been well supported by its members and has had significant success in contributing to key Government targets, such as helping more first time buyers onto the housing ladder since Help to Buy was introduced in 2013.

To date, the Help to Buy equity loan scheme has resulted in almost 170,000 new homes being built and sold in England – 81% of which were to first time buyers. Furthermore, it is estimated that almost half (43%) of these buyers would not have been able to purchase their homes without Help to Buy assistance.

The IMLA believes that this has been a major contributor to restoring UK-wide first time buyer lending to pre-crisis levels, with mortgage approvals to the group up by more than a third (34%) since the scheme began.

The organisation recognises that the Government may wish to review the current scope of the scheme and possibly make some adjustments, but warns against a policy cliff-edge that would leave many first time buyers unable to secure a mortgage. With the support of Help to Buy, mortgage lenders have been able to offer loans to younger borrowers, who otherwise would not have been able to secure funding for a new build home under existing prudential lending criteria.

In September, the IMLA outlined all of its concerns in a letter to the Chancellor, Philip Hammond. It was hoped that an announcement might be made at the recent Conservative Party Conference, and the IMLA was pleased to note the positive reference to Help to Buy made the Chancellor in his speech.

Kate Davies, the Executive Director at the IMLA, says: “We are concerned that funding for Help to Buy is due to be withdrawn in 2021, and that there has, as yet, been no clear signal as to what, if anything, might replace it.

“Given its success – and its importance in boosting both homeownership and housing supply – we believe that some form of Government support should continue.”

She continues: “Lenders and borrowers place heavy reliance on the scheme, and a major step-change to arrangements would risk significant market disruption and potentially undermine the Government’s ambitious targets for new housing supply.

“If changes to the scheme are being proposed, lenders will need appropriate notice in order to plan ahead and deliver positive outcomes – hence our wish to have clarity as soon as possible on the Government’s intentions.”

Davies adds: “We look forward to hearing the Government’s plans and to working closely to continue the development of what has become a key element of housing policy.”

Do you believe that the Help to Buy scheme is essential in boosting homeownership and housing market activity?

RICS Report Indicates that the Property Sales Outlook has Turned More Cautious

Published On: October 15, 2018 at 10:14 am

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The latest UK Residential Market Survey from the Royal Institution of Chartered Surveyors (RICS), covering the month of September, points towards a more cautious property sales outlook.

The results of the study also show a slight weakening in new buyer demand for the second consecutive report.

Respondents continue to cite the mixture of affordability constraints, a lack of housing stock, economic uncertainty and interest rate rises to be holding back activity to a certain degree. What’s more, forward-looking indicators have now turned a little more pessimistic with regards to the property sales outlook.

Starting with new buyer demand, the enquiries gauge slipped again during September, with the net balance coming in at -11%, compared to -9% in August. Having remained relatively stable over the four months prior to this, recent results appear to be pointing to a renewed decline in new buyer enquiries.

Property sales

At the same time, the volume of new sales instructions coming to the market also dropped for a second consecutive month. Unsurprisingly, this leaves average stock levels on estate agents’ books close to record low levels, with limited choice likely to be one factor hampering demand.

Furthermore, survey participants continue to report that the level of appraisals being undertaken remains down annually, with the net balance sitting at -20%. As such, there is nothing from this indicator to suggest a pick-up in sales listings is imminent.

In another sign of a market struggling for momentum, the average time taken to complete a sale, from its initial listing, has increased to around 19 weeks. This represents the longest duration since the series was introduced in February 2017.

In terms of sales volumes, the newly agreed sales net balance remained slightly negative across the UK, moving from -13% to -9% month-on-month.

RICS Report Indicates that the Property Sales Outlook has Turned More Cautious

RICS Report Indicates that the Property Sales Outlook has Turned More Cautious

The regional breakdown from the RICS shows a flat to slightly negative sales trend in virtually all parts of the country. Northern Ireland and Wales were the only regions to have seen a rise in sales during September. Even so, this growth was relatively modest.

As to the future, near-term sales expectations slipped for a fourth consecutive month nationally, with the net balance coming in at -16%. Further forward, over the next 12 months, sales expectations have now also turned negative UK-wide. Again, respondents in Northern Ireland remained most optimistic with regards to the property sales outlook, while, at the other end of the spectrum, those in the South East are now the most cautious.

House prices

The headline price net balance inched down to -2% in September’s results, compared with 1% in August. Consequently, house prices have remained more or less unchanged nationally in each of the past five months. That said, with a lack of affordability in parts of the country remaining a key challenge, the subdued sales picture in these areas is still placing downward pressure on prices.

Indeed, while respondents in London continue to report the steepest fall in house prices on a regional comparison, the already negative readings for the South East and East Anglia deteriorated a little further in September.

Elsewhere, however, house prices continue to rise firmly, with the West Midlands, Northern Ireland and Scotland posting the strongest growth. Going forward, respondents in almost all areas, with the exception of London and the South East, are anticipating that prices will drift higher over the coming 12 months, led by expectations in the North West and Northern Ireland. 

Lettings sector

In the lettings sector, tenant demand rose nationally for the fourth consecutive month in September. Set against this, instructions to let remained in decline, with the survey’s series for landlord listings having been stuck in negative territory since October 2016.

Rental projections for the year ahead point to growth of just over 2%, with this rate anticipated to accelerate, averaging around 3.5% per year over the next five years.

In London, tenant demand has staged a sustained recovery over recent months, increasingly outstripping supply. Although rents are still expected to see little change in the near-term, five-year projections point to stronger rental growth coming through further ahead.

Comments

Steve Seal, the Director of Sales & Marketing at Bluestone Mortgages, responds to the survey: “Today’s results highlight the UK’s consistent regional differences and overall slowdown in the market. However, this shouldn’t take our eyes away from the active areas of the market, particularly the northern powerhouses, where a record number of first time buyers are stepping onto the property ladder.

“More, however, can be done to ensure that a wide range of borrowers have access to lending. Not all borrowers receive the same treatment when it comes to securing finance, and a slight blip in an individual’s credit history shouldn’t exclude them outright from homeownership. Here is where specialist lenders come in – understanding that every borrower’s application needs to be assessed on a case-by-case basis and that they aren’t just a number on a computer screen.”

The New Business Director of Kensington Mortgages, Craig McKinlay, also comments: “As these findings show, the UK housing market is suffering from a bottleneck effect. When we look at the big picture, a lack of supply coming onto market is slowing down the housing chain – discouraging homeowners from downsizing and, in turn, preventing suitable properties being freed up for first time buyers or second steppers.

“With the Autumn Budget a few weeks away, it would be great to see the Government offer incentives for older homeowners to downsize, for example, an exemption from Stamp Duty. There has been a lot of focus on first time buyers, quite rightly; but, unless the Government can make it financially worthwhile for current homeowners to move, then the bottleneck will only continue to be squeezed.”

Tenant Fees Bill Passes Second Reading to go to Committee Stage

Published On: October 15, 2018 at 8:53 am

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The Tenant Fees Bill has passed its second reading in the House of Lords, and will go to the committee stage next month.

Peers debated whether letting agents and landlords should have to keep a paper trail of holding deposits, and whether this charge should be capped at three days’ rent or £50, rather than the one week proposed.

As the bill passed its second reading, peers in the House of Lords criticised ARLA Propertymark (the Association of Residential Letting Agents) for continuing to oppose the lettings fee ban.

Tenant Fees Bill Passes Second Reading to go to Committee Stage

Tenant Fees Bill Passes Second Reading to go to Committee Stage

Baroness Hayter questioned why ARLA was still arguing against the bill: “I am sad to see ARLA, which represents letting agents, still arguing against the bill, claiming that it will harm the private rented sector.

“In fact, it will do the opposite, partly, as I have said, by keeping funds within housing, rather than with agents, but also, vitally, by increasing tenant trust in the private rented sector.

“David Cox, the Chief Executive of ARLA, really ought to know that distrust in agents is not just apocryphal. It is based on hard evidence.

“He should also recognise, as I have long argued to him and his members, that the inherent conflict of interest within tenant fees is unethical and unprofessional.

“No service provider should have both parties to a transaction as clients.”

Baroness Grender also addressed concerns that the lettings sector will be jeopardised, highlighting online agent OpenRent, which has never charged tenants fees.

She cited research from OpenRent, which shows that 64% of landlords support the tenant fees ban, adding: “That begs the question: why are those who represent landlords lobbying against this bill, when most landlords want to do the right thing?”

The Spokesperson for OpenRent, Sam Hurst, responded: “The letting industry has fought this policy all the way, but now it’s clear that, in doing so, they do not represent the sector’s real stakeholders – landlords.

“Anyone could predict that tenants support a ban on fees. But this survey shows that a large majority of landlords do, too.

“Various groups have warned that a ban on tenant fees will be bad for business. But OpenRent has grown to become the UK’s largest letting agent without ever charging tenants these huge admin/agency fees.

“All the key players are ready for positive change in the sector. Government, tenants and landlords are all behind a tenant fee ban.

“Lettings companies can’t ignore this.”

We will keep you up to date with the bill’s progress through the committee stage.