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The Tenant Fees Bill has been Introduced into Parliament

Published On: May 3, 2018 at 8:06 am

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Categories: Law News,Tenant Fees Ban

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Yesterday afternoon, the Tenant Fees Bill was introduced into Parliament by the new Secretary of State for Housing, Communities and Local Government, James Brokenshire.

Brokenshire published the Tenant Fees Bill yesterday, following the release of a draft bill in November last year, saying that the ban will save tenants a total of £240m per year.

The bill will also seek to cap tenancy deposits at the equivalent of six weeks’ rent. It is expected to become law next year.

In a separate impact statement, also published yesterday, the Government stated that the ban would cost letting agents £157.1m in the first year.

Brokenshire said: “This Government is determined to build a housing market fit for the future. Tenants across the country should not be stung by unexpected costs. That’s why we’re delivering our promise to ban letting fees.”

The Tenant Fees Bill has been Introduced into Parliament

The Tenant Fees Bill has been Introduced into Parliament

The statement went on: “The Tenant Fees Bill will stop letting agents from exploiting their position as intermediaries between landlords and tenants, and prevent unfair practices such as double charging for the same services.

“It will also help to increase competition between agents and landlords, which could help drive lower costs overall and a higher quality of service for tenants.”

Other key measures in the bill, which was created from feedback from a recent public consultation, include:

  • Capping holding deposits at no more than one week’s rent – the bill also sets out the proposed requirement on landlords and letting agents to return a holding deposit to a tenant.
  • Capping the amount that can be charged for a change of tenancy at £50, unless the landlord demonstrates that greater costs were incurred.
  • Creating a financial penalty of £5,000 for an initial breach of the ban, with a criminal offence where an individual has been fined or convicted of the same offence within the last five years. Financial penalties of up to £30,000 can be issued as an alternative to prosecution.
  • Requiring Trading Standards to enforce the ban and to make the provision for tenants to be able to recover unlawfully charged fees via the First-tier Tribunal.
  • Preventing landlords from recovering possession of their property through the section 21 notice procedure until they have repaid any unlawfully charged fees.
  • Enabling the appointment of a lead enforcement authority in the lettings sector.
  • Amending the Consumer Rights Act 2015 to specify that the letting agent transparency requirements should apply to property portals, such as Rightmove and Zoopla.
  • Local authorities will be able to retain the money raised through financial penalties, with this money reserved for future local housing enforcement.

Alongside rent and deposits, letting agents and landlords will only be permitted to charge tenants fees associated with:

  • A change or early termination of a tenancy when requested by the tenant.
  • Utilities, communication services and Council Tax.
  • Payments arising from a default by the tenant, such as replacing a lost key.

The new measures are subject to Parliamentary timetables.

David Cox, the Chief Executive of ARLA Propertymark (the Association of Residential Letting Agents), comments on the announcement: “The day we have been expecting since the Chancellor announced the ban on tenant fees in the Autumn Statement 2016 has arrived, with the Tenant Fees Bill beginning its passage through Parliament this afternoon.

“We do not believe the bill will achieve its aims, as our own research last year demonstrated that tenants will end up worse off and banning fees will not result in a more affordable private rented sector.”

He continues: “ARLA Propertymark has worked hard over the last 18 months to explain the unintended consequences of the ban to Government, and we’re pleased they have listened and allowed Change of Sharer, Surrender of Tenancy, holding deposits, exempted the Green Deal Charge, and capped security deposits at six weeks, rather than the Committee’s proposed five-week cap. Now that we have greater clarity on what the ban will entail, agents must start preparing for when it comes into force.”

Government Set to be 80,000 Short of its 1m Housebuilding Target by 2020

Published On: May 2, 2018 at 9:18 am

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The Government looks set to fall short of its one million housebuilding target by 2020, by around 80,000 new homes.

Data from the Ministry for Housing, Communities and Local Government (MHCLG) shows that the number of new homes started between when the pledge was first made in 2015 and the end of 2017 was 386,160, while the amount of new builds in the process of being built rose by 7,235 over the past two years.

If this average rate of growth were maintained, it would create another 529,950 homes by 2020, providing a total of 916,110 – a shortfall of 83,890.

More recently, the Chancellor, Philip Hammond, pledged to build 300,000 homes per year by the mid-2020s, which seems an even more unrealistic ambition, given the shortfall for the current target.

Sam Mitchell, the Chief Executive of online estate agent HouseSimple.com, comments: “It could be a case of better-late-than-never if the rate of building growth is to be believed, but it’s going to be a tall order to keep this going for the next seven years.

“The Government’s main concern should be the anticipated failure to deliver on its most basic pledge to build one million homes by the end of 2020. If they fail, critics will simply paint the more lofty aspirations to build 300,000 homes a year as a piece of political theatre.”

He continues: “This issue deserves to be more than a distraction for voters, and it would help if the revolving door of housing ministers were to stop.

“The housing crisis is real and affordability problems play havoc with other parts of the economy, as first time buyers in particular are forced to part with significant chunks of their disposable income in order to get on the housing ladder.”

Are you surprised by the Government’s shortfall in delivering its housebuilding targets?

New Home Secretary must Address Right to Rent, NLA Urges

Published On: May 2, 2018 at 9:02 am

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The new Home Secretary, Sajid Javid, must address industry-wide concerns around the controversial Right to Rent scheme, the National Landlords Association (NLA) has urged.

On Monday, a cabinet reshuffle replaced Javid as the Minister for Housing, Communities and Local Government with James Brokenshire. Javid was then appointed as Home Secretary, following the resignation of Amber Rudd.

There is growing speculation that Javid is paving the way to become the next Prime Minister. However, the NLA insists that he must first address the Right to Rent scheme, and the adverse impact it is having on many “would-be and vulnerable tenants”.

In a letter of congratulations to Javid, the NLA used the opportunity to press the new Home Secretary to take this opportunity to review the Right to Rent scheme in light of the Government’s own figures, which show that the policy costs an additional £4.7m per year.

While many industry experts have long been campaigning for the removal of the Right to Rent scheme, it is still a legal requirement. Landlords and letting agents can use this helpful guide, which we put together with the help of the Home Office, to understand their obligations: https://landlordnews.co.uk/home-office-reinforces-landlord-responsibilities-right-rent/

Richard Lambert, the CEO of the NLA, says: “In his time as Housing and Communities Secretary, Sajid Javid worked with the NLA to support the private rented sector (PRS).

“We have reminded Mr. Javid of the effects the Right to Rent scheme has had on would-be and vulnerable tenants, its excessive checks and lack of monitoring, and the additional cost it is placing on an already pressurised sector.”

He insists: “There is now an opportunity for us to work with Mr. Javid, and with new Housing Secretary, James Brokenshire, to look again and come up with a more practical, workable system than the one we have.”

Number of BTL Deals Passes 2,000 for the First Time

Published On: May 2, 2018 at 8:10 am

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Categories: Finance News

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In the last couple of years, we have seen turbulent changes in the property industry for both landlords and buy-to-let (BTL) providers. There have been various significant changes to regulations and taxation, such as the 3% Stamp Duty surcharge and the new Minimum Energy Efficiency Standards (MEES).

However, this does not seem to have had too drastic an impact on the market, as the latest research from moneyfacts.co.uk shows that the number of buy-to-let products has reached an all-time high. For the first time on record, it has passed the 2000 mark.

Charlotte Nelson, Finance Expert at moneyfacts.co.uk, has commented: “The buy-to-let (BTL) market has seen quite a rollercoaster ride over the past year, including multiple changes that have required both landlords and providers to rethink their options.

“However, this hasn’t appeared to deter providers, marking an increase of 464 deals in just one year, which has seen the BTL market break yet another record and rise past the 2,000 mark for the first time on moneyfacts.co.uk’s records.

“The Prudential Regulation Authority (PRA) rules launched at the end of September 2017, which saw lenders having to apply stricter standards to those with four or more properties, could explain the boost to product numbers. Providers may well have opted to offer two different products to cater to the different borrower types.

“Last week, moneyfacts.co.uk reported that the number of limited company fixed rate options were on the rise. These extra products, which cater for landlords looking to reassess their options after the tax changes, are yet another reason why the overall product numbers have been boosted.

“Amid this upheaval, the market has seen many landlords and aspiring landlords take a step back to assess their options and figure out whether they are making the right choice. As a result, BTL providers are now competing for a smaller pool of customers. Offering variety in their range is one way in which they can compete.

“While it has been a tough time for the BTL market, the fact that the number of available deals is still growing shows it is still a viable option. However, any borrowers considering becoming a BTL landlord should seek the advice of a financial adviser, to ensure this is the right choice for them.”

James Brokenshire replaces Sajid Javid as Housing Minister

Published On: May 1, 2018 at 9:32 am

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James Brokenshire was appointed as the Secretary for Housing, Communities and Local Government on Monday 30th April, replacing Sajid Javid, who has taken over from Amber Rudd at the Home Office.

Brokenshire became a minister in 2011, spending three years as Parliamentary Under Secretary of State for Crime and Security during the coalition government. He became Minister for Security and Immigration in 2014, and after Theresa May became Prime Minister in July 2016, he took over as Northern Ireland Secretary.

As Just Landlords points out, ‘The Government’s housing minister is changing around 20 times faster than the average home mover, who moves house once every 19 years.’

As Just Landlords points out, ‘The Government’s housing minister is changing around 20 times faster than the average home mover, who moves house once every 19 years.’

L&Q Chief Executive David Montague said:

“Sajid Javid has made a sterling contribution towards addressing our housing crisis over the last two years and we are sorry to see him move on from his role. L&Q has enjoyed a good working relationship with James Brokenshire at a constituency level over many years, and he has demonstrated a sound understanding of the complex issues involved in housing.

“We look forward to continuing that relationship, while also working with him to help deliver the Government’s housing ambitions and increase the supply of much needed affordable, quality homes.”

Mark Hayward, Chief Executive, NAEA Propertymark and David Cox, Chief Executive, ARLA Propertymark welcome James Brokenshire’s appointment to Housing Secretary:

“We welcome James Brokenshire into his new role as Housing Secretary, following Sajid Javid’s move to Home Secretary. Over the last 12 months, housing has been high on the political agenda, with Sajid Javid and his team working closely with the industry to make qualifications for property professionals compulsory, and ultimately make the process of buying, selling, renting or leasing a property better for consumers.

“We look forward to meeting the new Minister and working with him and his team over the coming months and hope the Department’s position and policy focus stays on track.”

The changes follow on from Amber Rudd’s resignation following the Windrush scandal. Today, Sajid Javid heads to his first Cabinet meeting as Home Secretary, replacing Amber Judd at a downing street summit at 9.30am.

Sky News writes this morning, “There are at least four leak inquiries into the release of private letters sent to and from Ms Rudd, BuzzFeed News reports. Ms Rudd has since said she thinks Mr Javid will be an “excellent” Home Secretary. She did not answer when questioned outside her home if she had fallen on Prime Minister Theresa May’s sword.”

According to The Guardian, ‘the new home secretary [Sajid Javid] is no fan of May’s tens of thousands immigration target – Javid thinks immigration should not be a numbers game. Nor is he thought to be particularly partial to keeping student numbers in it.’

As Just Landlords pointed out last summer, ‘The Government’s housing minister is changing around 20 times faster than the average home mover, who moves house once every 19 years.’

Transactions Plummet in Prime Central London, Especially for New Builds

Published On: May 1, 2018 at 9:12 am

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Residential property transactions hit another low in prime central London during February 2018 (for which the most recent data is available), while new build sales plummeted, according to the latest Residential Index from investment advisory London Central Portfolio (LCP).

 

Prime central London

Following a strong January, due to some exceptionally high value property sales, house prices in prime central London fell by 4.6% in February, to hit an average of £2,165,829.

On a quarterly basis, transactions dropped by 2.3%, to 974, while sales were down by 5.7% year-on-year, to sit at 4,176.

The new build sector in prime central London suffered a 13.8% decline over the year, with quarterly transactions down by a whopping 56%, to stand at just 88.

Naomi Heaton, the CEO of LCP, says: “Following a number of high value sales being recorded in January, average monthly prices in prime central London have fallen by 4.6%. This in isolation might be significant. However, it follows five successive monthly rises, attributable to a growing proportion of high value sales as investors take advantage of significant price discounts. The volume of sales has dipped this quarter by 2.3%, although this figure is eclipsed by that of prime central London’s new build sector, which has suffered a 56% drop. Whilst annual transactions, at 4,176, remain at an exceptionally low level, 55% less than in 2007 just prior to the Global Financial Crisis (GFC), there are signs of encouragement. The annual fall is now just 5.7%, compared with a fall of 35.0% in the year running up to the 2017 General Election.

“Potential vendors are clearly still holding out for more favourable market conditions, but, given the low stock levels, it is likely that, when sentiment returns, there will be a bounce back in prices, as seen in 2009/10. Indeed, with sterling hardening, many overseas investors have a clock ticking with regard to picking up prime assets at a discount created by the referendum vote and serial increases in property taxation.”

She continues: “Turning to the controversial new build market, which has been most impacted by a downturn in international buyer sentiment, the sector continues to be volatile, with quarterly and annual price falls. Whilst a lag in registration of new build sales completions means reporting is six months delayed, annual transactions have fallen 13.8%. Quarterly transactions have plummeted to 88, 56% down on the previous quarter. As new build sales completions often represent historic transactions, this situation could worsen over the next two to three years, as new schemes, which may have failed to sell out at asking price due to reduced investor interest, come to completion.”

Greater London 

In the month to February 2018, the average house price in Greater London fell by 1%, taking the typical value to £625,052. Annual house price rises have dropped to an average of 6.5%, with growth in the last quarter standing at just 2%.

Transactions Plummet in Prime Central London, Especially for New Builds

Transactions Plummet in Prime Central London, Especially for New Builds

There has also been a significant drop in quarterly sales, of 10.4% – the largest fall since August 2016.

Quarterly new build prices have declined by 3.5% and represent just 15.6% of all sales in Greater London, compared with a peak of almost 20%. The average new build price is now £641,711.

Heaton comments: “Greater London is continuing to show a slowdown in growth, with a monthly price fall of 1%. Quarterly growth was just 2% compared with the previous year – one of the weakest performances seen in the last two years. Another cause for concern in the sector is the fall in transactions, amounting to 10.4% this quarter. This is the fifth consecutive drop, resulting in an annual fall of 7.3%. Despite Government efforts to stimulate transactions across the UK and in the capital, it appears that homeowners are prepared to sit tight until the current headwinds blow over. First time buyers may well be adopting the same approach, despite the reduction in Stamp Duty, which has done little to alleviate the issue of mortgage caps and the need for large deposits.

“Whilst wages remain relatively static, it is unlikely that we will see any major movement in the domestic market. This is exacerbated by the lack of affordable housing and a credible long-term housebuilding plan.”

She goes on: “This month’s report sees an even more disappointing picture for new build property than the market as a whole, with a drop in quarterly prices of 3.5%. Annual growth in transactions at 5.2% also appears to be slowing, falling from over 25% a year ago. As a result, the proportion of new build sales in the market has fallen to 15.6%, from a high of almost 20%. As new build sales completions often represent historic transactions, properties may be sold off plan several years before completion, making it difficult to read market sentiment. However, after a fairly robust 2017 thus far, we may be seeing a significantly suppressed market.”

England and Wales

Over England and Wales as a whole, LCP reports that house prices were down by 0.4% in the month to February. On a quarterly basis, prices fell by 0.5%, which marks the fourth consecutive decrease. As a result, annual house price growth stands at just 3.4%. The average house price in England and Wales is now £290,624.

Sales declined by 15.4% on a quarterly basis, which is also the fourth consecutive quarterly fall.

New build house prices have seen a 2% decline on a quarterly basis, and a drop in annual sales of 1%. The average new build house price is now £338,694 – 15.8% higher than for existing stock.

Heaton offers her thoughts on the figures: “Quarterly prices dropped by 0.5% in England and Wales, the fourth consecutive fall. Quarterly transactions have also fallen by 15.4%, again the fourth consecutive reduction. This does not paint an encouraging picture for the UK housing market as a whole. It highlights that the Government’s attempts to increase transactions, with Help to Buy schemes and Stamp Duty exemptions, are not proving very effective.

“One would hope the closer we get to Brexit that there will be more certainty in the housing market and the UK’s place in the revamped global landscape. LCP, however, does not see domestic homeowner sentiment changing significantly in the next year, particularly in the face of potential interest rate hikes.”

She concludes: “Despite the generally disappointing picture for England and Wales as a whole, annual prices in the new build sector increased 7.4%. There are, however, worrying signs, with quarterly prices down 2% and annual transactions dipping by 1.0%, the sixth successive month of falls. This may not be surprising, with average prices for new builds now reaching £338,694. At 15.8% higher than existing stock, new units are increasingly out of reach for typical domestic buyers. Overall, only 104,000 new builds were sold in the year to August 2017, still far short of the 300,000 which are projected to be needed each year.”