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Em Morley

Local Land Charges Register Launched by HM Land Registry

Published On: July 17, 2018 at 8:07 am

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A press release from the HM Land Registry was made available last week, announcing the launch of its new digital Local Land Charges (LLC) Register.

The aim of this register is to make purchasing a home simpler, faster and cheaper, by allowing those who require local land charge searches to access them from HM Land Registry, instead of having to go to their local council.

Warwick District Council’s data is the first to be made available through the register.

Chief Executive and Chief Land Registrar Graham Farrant said: “Buying a house is the biggest financial investment of people’s lives. By centralising and digitising the local land charges information of local authorities in England we are helping to improve conveyancing.

“Search results from the new register will be instantly available in a standard, easy-to-read format. This is another significant step forward in the Government’s ambition to make the home-buying process simpler, faster and cheaper.

“Warwick District Council is leading the way by being the first local authority to migrate their local land charges data to our new register. I look forward to more local authorities joining the central register during the year.”

Warwick District Council’s Chief Executive Chris Elliott commented: “As a forward-looking council aiming to provide the best possible service to all of our customers, we very much welcome any measures which will speed up the process of buying a home.

“Opening up our data to HM Land Registry will be a huge benefit not only to those wishing to purchase a home or land in our district, but also to our busy planning team.”

Andrew Lloyd, Managing Director of Search Acumen,the property and technology data expert, has commented on this launch: “Search Acumen is excited to get down to work and begin to utilise HM Land Registry’s (HMLR) newly opened, central digital Local Land Charges (LLC) register.

“It is early days, but we think the ability to immediately execute LLC searches will completely transform UK property transactions.

“According to HMLR, decentralised LLC searches ranged from a few pounds to nearly £100, depending on the local authority. And, because the process is often manual, turnaround time can fluctuate from one business day to more than 40 days.

“With around 979,000 transactions registered over the last four quarters across England and Wales, that’s anywhere between 979,000 working days of waiting time at best, or more than 39 million at worst.

“It’s therefore no surprise that LLC searches have too often been the fly in the ointment for both residential and commercial property transactions. Property professionals have been at the mercy of a fragmented process that can result in a sub-optimal service for their clients.  The launch of the central digital register today is a big step towards getting as close to the best-case scenario as possible, and even going one better through digital technology.

“Improved data access, standardised fees and faster turnaround times mean solicitors and conveyancers will save millions of days a year in unnecessary waiting times – and property buyers will save millions of pounds in unnecessary costs.

“We are strong proponents of the digitisation and the centralisation of the country’s property big data. Being able to offer a ubiquitous and boundless resource for conveyancers and property lawyers will allow for the legal aspects of building, buying and selling property to become a seamless process from end to end.”

Top Ten Best and Worst Locations to Sell a Property in England and Wales

Published On: July 16, 2018 at 9:52 am

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This year has certainly been the most challenging year so far for the UK property market.

Despite some areas of the country being able to maintain positive conditions, other areas have been impacted by the uncertainty of the market as a result of political turbulence and economic challenges.

According to Quick Move Now and home.co.uk, the worst places to sell a property consist of the following:

• Rotherham – property spends an average of 279 days on the market
• Knightsbridge – property spends an average of 277 days on the market
• Sunderland – property spends an average of 277 days on the market
• Mayfair – property spends an average of 272 days on the market
• North Shields – property spends an average of 268 days on the market
• Marylebone – property spends an average of 268 days on the market
• Soho – property spends an average of 266 days on the market
• Charing Cross – property spends an average of 265 days on the market
• South Shields – property spends an average of 264 days on the market
• Strand – property spends an average of 262 days on the market

In contrast, the best places to sell property are the following:

• Rainham – property spends an average of 87 days on the market
• Bristol – property spends an average of 88 days on the market
• Strood – property spends an average of 89 days on the market
• Swindon – property spends an average of 90 days on the market
• Northampton – property spends an average of 93 days on the market
• Waterlooville – property spends an average of 94 days on the market
• Coventry – property spends an average of 94 days on the market
• Basingstoke – property spends an average of 94 days on the market
• Rochester – property spends an average of 96 days on the market
• Stevenage – property spends an average of 97 days on the market

Managing Director of Quick Move Now, Danny Luke, commented: “As we can see from the data, the property market varies hugely throughout England and Wales; from an average time on market of 87 days in Rainham, right up to an average of 279 days – more than nine months – in Rotherham. These figures also do not take into account conveyancing time, which takes an average of eight to twelve weeks.

This means, in reality, it takes homeowners in Rotherham, on average, more than a year to sell their property. Unfortunately, more than one in five of those sales is then likely to fall through before successful completion, meaning the homeowner will be required to start the whole process all over again.

“Historically, there has generally been a clear north-south divide between the best and worst places to sell, however, with six of the ten worst places to sell being within Greater London, and the remaining four being in Tyne and Wear and South Yorkshire, that divide seems to be a thing of the past. Even London’s once seemingly untouchable market is suffering.

“When it comes to the best places to sell a property, with three of the top spots, Kent continues to perform well. The M4 corridor is also one to watch, with both Bristol and Swindon featuring in the top ten.”

UK Property Market Continues to Struggle, According to RICS Survey

Published On: July 16, 2018 at 9:29 am

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Compared to a year ago, properties in the UK are taking longer to sell. The Royal Institution of Chartered Surveyors (RICS) has released results from a survey, showing that in June more 10% more surveyors witnessed an increase over a decrease in instructions.

This is the first time that this figure has been positive for two consecutive months, since early 2016.

For the next three months, sales expectations are positive to an extent, but looking at the 12-month outlook, chartered surveyors are feeling more cautious, with sales falling to zero for the first time since October last year.

There has also been a 7% increase in those reporting a fall in agreed sales, resulting in the 16th consecutive month for decreases in newly agreed sales.

The RICS is concerned that matters may not improve for a while in the property market. The body describes it as an “uninspiring picture”, which has also had a knock-on effect for the time it takes to complete a property sale from the initial listing. Previously at 16 weeks in spring last year, it now currently averages out at 18 weeks.

Simon Rubinsohn, Chief Economist for the RICS, has said: “It is hard to see what is going to provide much impetus for activity in the housing market in the near term.

“Meanwhile the ongoing challenges around lifting the delivery pipeline, reflected in last week’s disappointing data on housing starts, is captured in the suspicion in the survey that prices are likely to resume an upward course over the coming year.

“The challenge is also visible in the response of the private lettings market to change to the tax treatment on investment properties.

“While it is understandable that the Government wanted to provide a lift for first-time buyers, this may well come at the cost of higher rents as the appeal of buy-to-let diminishes.”

Introduction of Civil Penalties Powers Used to Clamp Down on Rogue Landlords

Published On: July 16, 2018 at 8:55 am

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Subsequent to Ashford Borough Council voting to adopt new powers, rogue landlords who neglect their legal responsibilities regarding tenants will be confronted with the prospect of paying hefty civil penalties.

The authority is now permitted to impose civil penalties of up to £30,000 when handling the worst offenders. The new powers are viewed as an alternative to criminal prosecutions and are seen as a more efficient method of dealing with serious housing offences.

The civil penalties were introduced by the Government as part of its campaign to clamp down on criminal landlords, with the local Council now provided with the option to choose whether to prosecute or issue a penalty.

It was the consensus of the Ashford Borough Council’s cabinet to enforce these new powers in order to deal with rogue landlords who breach rules. Money raised by civil penalties will be retained by the Council to assist the funding of its enforcements activities in the private rental sector.

This approach adopted by the Council, endeavours to encourage landlords to comply with their obligations without the need to impose a penalty charge. However, if landlords should continue to flout their responsibilities, the Council will not hesitate to take necessary action and impose these fines.

When could these fines be imposed?

These fines will apply if a landlord fails to comply with improvement notices, commits offences in relation to the licensing of Houses in Multiple Occupation (HMOs) and continues to contravene an overcrowding notice, breaching banning orders which prohibit landlords and agents from letting or managing residential properties.

The maximum penalty is £30,000. The Council will follow Government guidance regarding setting the level of penalty, covering the severity of the offence, the culpability and track record of the offender, the harm of potential harm caused to the tenant, and distress caused.

Officers within the private rental sector will now be enabled to issue the civil penalties. This will only be imposed where they are satisfied that there would be a realistic prospect of a conviction if a prosecution was pursued. Landlords and agents are entitled to the right to appeal the notices to a property tribunal.

Councillors have been informed that the majority of cases deal with in the private rental sector are resolved informally, without the requirement to take any further enforcement action. Though, in regards to minority cases, action is required and the adoption of the civil penalty approach offers a greater range of enforcement tools to handle the worst offenders and to defend tenants.

Portfolio holder for Housing, Cllr Gerald White, commented: “I’m supportive of the proposed implementation of the civil penalty policy to allow the council to consider imposing fines on landlords who fail to comply with housing law, as an alternative to prosecution.

Implementing the policy will hopefully deter landlords from failing in their responsibilities in providing safe homes and ensuring that they comply with the relevant housing law.”

New Buy-To-Let Lending has Plummeted, but Remortgaging Within the Sector is Soaring

Published On: July 16, 2018 at 8:04 am

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New buy-to-let lending

 

During May, 5,500 new buy-to-let home purchase mortgages were completed, which is down by 9.8% on an annual basis. By value, this accounted for £0.7 billion of new buy-to-let lending in the month, down by 22.2% on May 2017.

However, 14,600 new buy-to-let remortgages were completed in the month, which is up by a sturdy 15% on May last year. By value, this £2.3 billion of lending was up by 21.1% year-on-year.

 

First time buyer mortgages

 

By contrast, some 32,200 new first time buyer mortgages were completed in May, which is up by 8.1% on May 2017. The £5.4 billion of new lending in the month was 12.5% higher on an annual basis.

UK Finance found that the average first time buyer is 30-years-old and has a gross household income of £42,000.

 

Homeowners and home movers

 

The number of new home mover mortgages also rose in May, with 31,100 completions, which is up by 4.4% on May 2017. The £6.6 billion of new lending in the month was 4.8% higher year-on-year.

The average home mover is 39-years-old and has a gross household income of £55,000.

Additionally, there were 36,000 new homeowner remortgages completed in May, some 7.1% more than in the same month last year. The £6.3 billion of remortgaging marked a 6.8% rise in the value of last May’s remortgages.

The Director of Mortgages at UK Finance, Jackie Bennett, comments on the data: “The mortgage market is seeing a pre-summer boost, driven by a rise in the number of first time buyers and strong remortgaging activity. It is also particularly encouraging to see an increase in home movers, after a period of relative sluggishness in this important segment of the market.

“However, affordability remains a challenge for some prospective buyers, and this is reflected by a gradual increase in loan-to-income multiples.”

She adds: “Meanwhile, purchases in the buy-to-let market continue to be constrained by recent regulatory and tax changes, the full impact of which have yet to be fully felt.”

 

Written by Rose Jinks

The Great Landlords Debate 2 – Spring 2018

Published On: July 13, 2018 at 9:46 am

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You may have read our report on The Great Landlord’s Debate at April’s Property Investor Show in May. At the same time, we attended The Great Landlord’s Debate 2, with different panellists…

Vanessa Warwick, of Property Tribes, chaired the second Great Landlord’s Debate, with her two panellists: Paul Shamplina, the Founder of Landlord Action, and Richard Blanco, a London Representative for the National Landlords Association (NLA).

Warwick kicked off the debate with a statement that so many of us know to be true: “There’s so much ground to cover, so many challenges facing landlords”.

Warwick, who has been a landlord for 14 years, can’t remember a time when landlords have faced so many challenges.

“It’s easy to lose faith; there’s a lot of anti-landlord sentiment in the media and we’ve faced an attack by the Government, but we have to look for some of the positives,” she began. “The first place is start is section 24, which is a significant challenge for landlords.”

“It’s all about money to a certain extent,” Shamplina responded. “The Government wants landlords to give longer tenancies, but landlords are breaking up their portfolios and serving section 21 notices to get vacant possession. By imposing taxation on the industry, landlords are selling and evicting, which increases homelessness.

“The Government thought that landlords would sell their properties and first time buyers would snap them up. That’s not the case, there’s no data to prove that has happened.

“If you have interest-only mortgages, perhaps you’re adjusting your business model, increasing rents, or undergoing cost-cutting exercises. But we’ll wait to see the stats on how much the Government is earning – I don’t think it’ll affect one, two, three-property landlords.”

Blanco continued: “There’s been a lack of joined up thinking from the Government – we’ve had a double-whammy of PRA [Prudential Regulation Authority] changes and section 24, which were designed to slow down the buy-to-let market, but they’ve actually slammed the brakes on it. We’re dealing with the uncertainty of Brexit, but also section 24, PRA and Stamp Duty; it’s putting people off buying.

“You have to decide whether you want to chase better yields to increase profits, or head to the North West and Midlands for better capital growth. You might be thinking about whether to incorporate. NLA research found that one in four landlords are thinking of incorporating, but not many have actually done so. That’s because you can get a buy-to-let mortgage for 1.4% at 75% loan-to-value [LTV], but limited company mortgages are much closer to 3% – is it worth paying that extra interest? Will it out-weigh the extra tax? You need to speak to your accountants and know what your tax bill will be in 2022.”

Shamplina agreed: “You need to be stress testing the liabilities of tax when it comes to lending – get advice. There are extra charges to consider when changing to a company.”

“Do some comparative analysis, have a business plan,” Blanco added.

The Great Landlords Debate 2 - Spring 2018

The Great Landlords Debate 2 – Spring 2018

Warwick went on: “If you don’t, there will be an awful lot of pain over the next three years, with section 24, rents may start rising; I’m banking on what happened in Ireland when it was introduced. It was repealed three years after its introduction, because rents went up significantly. Now, they’re incentivising landlords to come back into the sector. It’s a pain for landlords and tenants; there’s less choice and higher rents. It’s in the South East where lower yields are being hit the hardest. Incorporated landlords are hoovering up tenanted properties because individuals have sold. It has to be repealed – there needs to be a complete U-turn and the Government has to incentivise landlords.”

However, Blanco pointed out: “It takes a while for it to sink in, so it’s difficult to do anything, because it comes in over four years. There needs to be a generational change; it’ll be 20 years before we get the change, as it’s politically difficult to make tax cuts for landlords. We need a new system whereby we’re taxed as businesses.”

An audience member insisted that it will be impossible for the Government to back out of.

“You need to focus on increasing your profitability,” Blanco answered. “The irony is that, if you’re more profitable, you pay more tax.”

Warwick had another interesting point: “The Government’s not taken into account the disconnect between central and local Government. Central is attacking landlords, while local authorities are dealing with a housing shortage; battling to get people into houses, they don’t have the social housing to accommodate them, so they’re discharged into the private rental sector. But then central Government is deterring landlords from being involved in the sector.”

Blanco carried on: “Local Housing Allowance [LHA] rates have been frozen, properties need to be well below market rents, but when they procure properties from the private rental sector, they’re not returned in a very good state. There needs to be more social housing, but there’s too much of a shortage. Local authorities are in an impossible position.”

Shamplina brought up Universal Credit: “Landlords are having to evict housing benefit tenants because they’ve been paid but not passed it on. Councils need to remember that they don’t know the debt situation of that individual. Benefit tenants usually stay longer, but you can ask for more from young professionals.”

“Direct payments are a big issue,” Blanco agreed. “They were lost in 2008, meaning that tenants had to learn how to budget, but without the intensive support they need.”

“Vulnerable tenants don’t have a support network,” Warwick pointed out.

“Universal Credit was created to help get people back to work – the theory was good, but the practicality doesn’t work,” Shamplina added. “It creates more challenges for landlords, it turns them off – is a benefit tenant a gamble?”

Blanco looked at what’s caused these issues for landlords: “The underlying challenge is the image of us – the Government is capitalising on that, but it’s not good for the housing crisis and it’s unfair on us.”

“The rogues are in minority; most of us provide decent, safe, compliant homes for our tenants, but the issue is a lack of housing,” Warwick argued. “The powers are already there, but they’re not being enforced; there’s nowhere else to put people in a shut-down HMO [House in Multiple Occupation].”

However, Shamplina was supportive of new banning orders and £30,000 fines for rogue landlords/letting agents, as this money will be “reinvested into environmental health officers”.

“I think that that encourages them to do more enforcement,” Blanco believed. “The media loves stories of bad landlords – it does happen, but the media does us a disservice; it doesn’t educate the public about real issues.”

Going onto how landlords can improve their profitability, Warwick warned about chasing higher rental yields: “You might think that they’re better up north, but you must have caution – on a low value property, which you’ve bought for £90,000 and earn £450 per month in rent on, if the boiler goes, it’ll be the same price to replace this boiler as it is in the South East, where you might have a £300,000 property earning £1,500 per month.

“In the South East, you’ll cover the cost in one month, but, up north, it’ll take four to five months to pay off. It can be tempting, but you must make sure you know the area; yields can change from street to street, so don’t be seduced by promises of high yields.”

“I agree in some ways,” Blanco responded. “I only invested within half an hour of where I live; I’m a very hands-on landlord. I’ve paid £400,000 for a property in London – I could get four properties for that up north, but that’s four times as many tenants and repairs.

“If you’re looking at capital growth, then it’s higher up north over five years than in the south, but you can still achieve lots in London over five years. If you’re going to buy up north and live down here, you’ll need an agent to manage, which will eat into your profits.”

Warwick was positive: “There are lots of different strategies now – I’m a huge advocate of holiday lets; they’re not subject to section 24 and there’s been a renaissance in Great British holidays over the last five years.”

“It’s a different business though,” Blanco pointed out. “You have towels and sheets to think about.”

“It’s beneficial to have a diverse portfolio now, with commercial and serviced offices in there,” Shamplina added. “You’ve got to strategise a little deeper.”

“With the PRA affordability and stress tests on portfolio landlords, everything’s become much less forgiving for investors,” Warwick cautioned. “The Government is restricting how fast landlords can grow.”

“There are too many measures all at once,” Blanco agreed. “It’s become political rather than prudential. In London, you now need a 40% deposit to borrow enough money to fit all of the criteria. If you’re clever and hunt around, you can find some good products – finance is the lifeblood of our business and it’s been restricted. New lenders are quite creative, but you need a really good, specialist broker.”

Warwick also pointed out: “We cannot rely on low interest rates – there’s only one way they’re going to go. We also have the threat of increasing landlord licensing; there’s a new consultation every eight days.”

“Grim is the word I’d use,” Blanco stated.

“They’re picking out individual streets for licensing now,” Warwick explained. “There’s one thing that landlords hate: uncertainty. Again, it’s deterring landlords from moving into certain areas.”

“One of the drivers is lack of funding,” Blanco believed. “The easiest way to fund a private rental sector operation is to set up a licensing scheme. When you’re business planning, you must account for these fees.”

Warwick suggested that investors should consider joining an accredited association: “There are now 2.5m landlords, but only 60,000 are in associations.”

Remember that associations can help you understand new changes to the law and your responsibilities as a landlord. You can read all about your legal obligations through the Landlord News monthly newsletter – sign up for FREE here: https://landlordnews.co.uk/register/