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Letting agents must prepare for referral fees changes, says PayProp

Published On: November 4, 2020 at 9:30 am

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Categories: Law News,Lettings News

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Letting agents should prepare to disclose the third-party referral fees they receive to landlords and tenants, according to PayProp. 

The rental payment automation platform says that guidance for the lettings sector is likely to follow, as Trading Standards has made property sales-focused referral fees recommendations to the Government.

Trading Standards calls for greater transparency

In October the National Trading Standards Estate and Letting Agency Team (NTSELAT) published proposals on estate agents’ referral fees. PayProp highlights that the aim of the report is to aid the Government in creating a transparent marketplace in which consumers feel more confident in the services they receive.

The proposals suggest that estate agents should be required to disclose any fees they receive when referring clients to other service providers such as conveyancers.

The NTSELAT has called for a public awareness programme to alert consumers to hidden referral fees. It has also called for additional guidance for agents and increased encouragement of compliance by redress schemes and professional bodies.

Neil Cobbold, Chief Sales Officer at PayProp, says: The recent report from the NTSELAT covers the sales market, but it would not be surprising if any future guidance from the Government also includes the rental sector.

“Recent legislation covering the sales market, such as the new anti-money laundering rules introduced this year, has often been extended to lettings as well.”

“Agents should not assume they will be exempt from this change either and should instead start preparing for changes to the referral fees system. They can do this by disclosing the fees they receive to consumers if they are not doing so already.”

Best practices now could prevent outright ban later

PayProp points out there has been speculation that Trading Standards would urge the Government to ban agents from receiving referral fees entirely. However, the proposals currently only call for mandatory disclosure.

Cobbold suggests that if agents are quick to disclose referral fees to consumers voluntarily, Trading Standards and the Government could be persuaded away from a future outright ban.

He says: “Full disclosure and transparency from agents can allow them to keep earning important additional income from referral fees, while at the same time offering more protection to consumers.

“The NTSELAT has acknowledged that referral fees have ‘a place in business’ if they are used ‘ethically and transparently’, so it’s up to agents to make sure they follow any disclosure guidelines set by the Government to avoid a stricter clampdown further down the line.”

Time for agents to prepare for full disclosure 

Housing Minister Christopher Pincher positively received the report, saying he will now ‘carefully consider’ Trading Standards’ recommendations.

Further guidance is also being worked on for the industry by NTSELAT. The team has called on consumers to report cases of agents not disclosing referral fees.

Cobbold says: “It’s unclear how long it will take for the Government to review Trading Standards’ recommendations, particularly as the Covid-19 pandemic remains its top priority.

“However, there is a clear trend towards greater regulation of the industry, as evidenced by the Tenant Fees Act and the upcoming Regulation of Property Agents legislation. It would be prudent for letting agencies to take the necessary steps to start disclosing referral fees now so they are ready if and when the Government takes action.

“Providing a transparent service is in the best interests of consumers and should already be a key objective for professional agencies. Firms taking this approach can demonstrate their commitment to customer service.”

End of furlough puts 400,000 more renters at risk of debt

Published On: November 3, 2020 at 9:06 am

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Categories: Tenant News

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More than 340,000 private renters in Great Britain work in sectors at risk of redundancies when the furlough scheme ends, an analysis by Generation Rent has found.

A further 62,000 private renters work in sectors facing closure under Tier 3 restrictions. Generation Rent believes they could see their incomes reduced by a third.

The campaign group warns that this will add to the numbers of people who cannot cover their rent because housing benefit levels are inadequate, putting them at risk of arrears and eviction.

Generation Rent is calling on the Government to increase Local Housing Allowance (LHA) to cover the median rent to prevent families from getting into debt. It also calls for a fund to clear the debts of renters who are already in ‘serious arrears’ by compensating landlords up to 80% of the rent owed. It also believes that fast-tracking the abolition of Section 21 “no fault” evictions will prevent unnecessary hardship now that courts have reopened.

Sectors including nightlife, entertainment, events, and sport face continued restrictions. When the 80% guaranteed furlough ends, many employees may face redundancy or reduced income. Based on Labour Force Survey data, Generation Rent estimates that of the 1.4m employees in these sectors, 341,000 are private renters (24%).

The group points out that a further 62,000 private renters are working across Great Britain in sectors that could face closure under Tier 3 measures, including leisure centres, hairdressers and betting shops.

Generation Rent believes that these 403,000 workers will become more reliant on Universal Credit to pay their rent. However, its analysis of data from the Department for Work and Pensions (DWP) indicates that many will face shortfalls.

The regional findings from this analysis also include:

  • The number of private renters in London claiming Universal Credit doubled in the first three months of the pandemic (an increase of 100%), followed by 76% in the South East and 72% in East Anglia.
  • In North East England, nearly half (49%) of private renters are receiving LHA, meaning 19%, or 37,568 households, are left with a shortfall. Private renters in Wales and the North West are also badly hit, with 46% receiving LHA in May.

The region facing the least impact is Scotland, which still has 31% of private renters relying on state support, and 1962 households facing a shortfall.

Alicia Kennedy, Director of Generation Rent, said: “As the furlough scheme nears its end, people are worrying about how they will keep their heads above water. More than a million employees are at risk of redundancy and a quarter of them are private renters. 

“Thousands of renters started claiming Universal Credit at the start of the pandemic and have found that it is nowhere near enough to cover the rent they owe. Every month their debt piles up. Without additional support for renters, the government will preside over mass impoverishment of millions of people.”

New tenancies fall by almost a third during lockdown, according to mydeposits data

Published On: October 23, 2020 at 9:36 am

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Categories: Lettings News

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Deposit replacement service Ome has looked at the impact of the temporary restriction on moving homes that occurred earlier in the year. 

It looked at data from mydeposits, the government-approved deposit protection scheme, during March, April and May 2020. This data revealed that during this three-month period there was a 31% decrease in new tenancies compared to the same period last year. The total dropped from 81,055 new tenancy deposits protected in 2019 to 61,972 in 2020.

Ome points out that restrictions on ‘non-essential’ travel and advice to work from home was provided by the Government from 16th March. On 23rd March Prime Minister Boris Johnson instructed the public to stay at home and closed many businesses. Then on 26th March, the Government published The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020. These emergency regulations stated that: ‘During the emergency period, no person may leave the place where they are living without reasonable excuse.’

Rules on moving to a new house in England were relaxed on 18th May 2020, requiring suitable safety measures to be taken.

Matthew Hooker, Co-Founder of Ome, comments: “As we head into what looks like a second wave of the COVID-19 pandemic it is important to reflect and learn from the initial spring period.

“As the initial impact of coronavirus restrictions hit us the entire nation was having to react quickly to a number of unprecedented changes, and the evidence shows the rental sector was not immune. We now know far more about the virus and its wider impact on society and the economy than we did at first, however there is still likely to be a significant period of uncertainty and flexibility required for landlords, agents and their tenants.

“We’d therefore urge tenants and landlords to start making contingency plans together for the winter just in case the virus rears its head again over the festive period.”

Property industry responds to August 2020 Government UK House Price Index news

The latest UK House Price Index from the Government has been published, revealing an increase in the price properties are being sold for.

The average UK house price is at £239,196, which is up 2.5% in the year to August 2020.

Director of Benham and Reeves, Marc von Grundherr, commented: “Explosive levels of buyer activity at the front of the sales process is continuing to yield a consistent increase where sold prices are concerned, albeit at a less headline-worthy rate of growth.

“Never the less, the UK property market is continuing to defy wider economic turmoil and build on the momentum seen since the market reopened.  

“London certainly seems to be picking up the pace despite a reduction in demand due to orders to work from home where possible. However, as the months have gone on, we’ve seen the green shoots of international demand start to return and it seems as though this is now aiding a house price revival in the capital.” 

Managing Director of Barrows and Forrester, James Forrester, commented: “More positive signs where house price growth is concerned but we’re also seeing the market start to buckle under the weight of stamp duty fuelled activity and this could have repercussions over the next few months. 

“If you’re not yet in the midst of your property purchase, the chances are you won’t complete in time to secure a stamp duty discount. As more homebuyers realise this is now the case, we should see the mad scramble of recent months start to reduce and market activity at the front end of the transaction process start to return to some level of normality. 

“Of course, with so many purchases already stuck in the hopper, the UK property market has plenty of fuel to see it through the quieter winter months and so while activity might start to fall, it’s likely the rate of house price growth will remain strong over the remainder of the year.” 

Matthew Cooper, Founder & Managing Director of Yes Homebuyers, commented: “While the market remains buoyant at present, we’re starting to see the repercussions of another ill-thought-out attempt by the Government to stoke the fires of house price growth.  The current stamp duty holiday has led to a huge uplift in demand which has helped boost market sentiment, there’s no doubt about that.  

“However, we’re now seeing huge delays at the legal stage of the selling process as those operating within this segment of the market have become overwhelmed and are ill-equipped to service such demand levels. 

“As a result, thousands of homebuyers who thought they were due to save thousands in stamp duty, will now be left wondering if this will be the case. For many of them, it won’t and we could see a sharp decline in market health as many pull out of a sale, while others refrain altogether.”

Government UK House Price Index
Property industry responds to August 2020 Government UK House Price Index news

Nicky Stevenson, Managing Director at national estate agent group Fine & Country, says: “Here is official confirmation that the market did indeed get up to a canter over the summer months. The annual rate of growth soared as buyers frustrated by lockdown and lack of space crammed into the market in search of larger properties. That alone explains this year’s sudden rally, as the stamp duty holiday was only introduced in July. A lag will mean any extra demand it created will not be seen in the Land Registry figures before the end of the year. 

“The question is how long this surge can last, with speculation already swirling that the market is set for a fall. Such predictions are probably premature. 

“Though strong growth like this will be temporary and we will soon be entering the traditionally quieter winter period, there are reasons to suspect that this is no ordinary autumn. 

“Consumer confidence among large swathes of the population is still very high. We already know that during lockdown a record 29% of disposable income was tucked away and saved as people were unable to get out and enjoy themselves. Rightmove also reported a 70% annual jump in the number of sales agreed during September and it says that, for the first time on record, agents have more properties marked as sold than available for sale. 

“This is incredible. These aren’t metrics usually associated with a stalling market, though the rate of growth will inevitably slow before picking up again in the New Year.”

Lucy Pendleton, property expert at independent estate agents James Pendleton, says: “This was the moment the market began to catch fire over the summer having emerged from the pandemic in better shape than many predicted. Now, as we enter autumn, the heat still isn’t coming out of this market.

“There’s been some talk lately of what effect the removal of many high LTV mortgages is having on the first-time buyer market which is as much a leading indicator as the all important London market. In the capital, where these two worlds collide, it’s having very little effect. Demand for cheaper properties hasn’t weakened and that’s because the bank of mum and dad is still widely open for business, interest rates remain low and high rents mean it’s still well worth getting on the property ladder. 

“As long as mortgage repayments remain cheaper than the cost of rent, demand to buy a first home will continue to show strength, and first-time buyers everywhere are still able to turn to the Help to Buy scheme if they need to. 

“We are about to hit a period when the market traditionally slows down. When the clocks change, people switch into hibernation mode and new enquiries begin to soften until the New Year. How much the stamp duty holiday will affect that this year remains to be seen, but this incentive plays a relatively muted role in the capital where prices are highest.”

Craig McKinlay, New Business Director at Kensington Mortgages, commented: “Compared to house prices crashing by over 15% in early 2009, it is still pretty remarkable how well the market is faring thanks to pent up demand and a stamp duty break. The market is more robust now than what can be said for the wider economy, and this is only likely to continue for the rest of the year for those who can make their next move on the property ladder.

“However, although home movers are doing well, the same may not be said for first-time buyers. Due to service demand, lenders keep dipping in and out of the high LTV market – making it difficult for this group of borrowers to find a mortgage tailored to their needs. The government’s Generation Buy scheme should reassure some lenders to enter more permanently again, but we need a set date of when this will be introduced sooner rather than later.

“For those that are struggling to secure a mortgage with a high street lender, it may be worthwhile getting in contact with a mortgage broker.”

Beyond Section 21 – Consequences of abolishing ‘no-fault’ evictions

Published On: October 21, 2020 at 9:13 am

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The Lettings Industry Council (TLIC) has released a report that looks at the possible impacts of abolishing Section 21.

Beyond Section 21’ was released this week, detailing the negative consequences that the abolition of Section 21 might bring about. This includes a reduction in rental property supply by up to 20% and rising rents. It also makes recommendations to balance the impact.

The report’s findings suggest suddenly ending Section 21 will have the following impact:

  • A tougher screening process for tenants, impacting those on housing benefits, lower income families and insecure employment the most
  • A fall in the private rented dwelling stock in England by 20%, with the impact falling heaviest on vulnerable tenants claiming benefits, as landlords seek to either leave the PRS or move towards other market segments such as short-term lets
  • Upward pressure on rents as a result of the negative impact on the numbers of homes available. Around 600,000 homes could see rent increases (13%of the sector)
  • Increased pressure on the justice system by tripling the court caseload with an additional 45,000 possession hearings and court capacity severely challenged

Theresa Wallace, Chair of TLIC, says: “The PRS has doubled in size over the last 20 years, which means any changes to the current regulations will have a huge impact on the life of millions of citizens. 

“It is vital to strike a balance between the needs of tenants for long-term security and legal certainty, restoring landlord confidence to ensure an adequate supply of private rented homes. The social cost of abolishing Section 21 lies in the economic effects it will release and how the market will react to it. 

“That is why the Government must not proceed with its proposal to do so without careful consideration of the impacts and implementation of measures to mitigate such negative consequences.”

In the ‘Beyond Section 21’ report, The Lettings Industry Council suggests implementing the following set of four measures to balance the impact of abolishing Section 21: 

  1. Strengthening the grounds of Section 8 for which it can be used and to allow an accelerated process
  2. The use of meaningful mediation to reduce the number of disputes resulting in court proceedings before they commence and save both sides substantial legal costs
  3. Court reform including a modernised, specialist housing court for all housing related hearings, ensuring timescales for repossession can be reduced and a viable route for tenant claims against landlords for disrepair, poor conditions and management
  4. Bailiff reform because securing the services of county court bailiffs is one of the longest delays for landlords, following the grant of a warrant for possession

Paul Shamplina, founder of Landlord Action, says: “These four measures make sure that the tenants’ need for long-term security regarding their tenancies is met while at the same time respecting the landlords’ right to use their property economically and according to their needs.

“Some of the measures, such as the mediation process and the bailiff process reform can be introduced on relatively short-term planning.  Whilst we acknowledge that court reform and a review of Section 8 requires longer-term preparation, if the government were to adopt the step-by-step implementation of measures outlined in this report, it would not only prevent a short peak increase in serving Section 21 notices, but also give all relevant parties enough time to adapt to the change in legislation.

“We are confident that with faster and easier access to justice, banning both criminal landlords and anti-social tenants from the PRS, as well as the improved communication between landlords and tenants through mediation, both parties trust in the PRS will increase. 

“Providing greater legal certainty will lead to further growth within the PRS, as more private landlords will be willing to rent out their properties and tenants will be provided with a broader range of properties they can choose from.”

Pandemic continues to drive rental trend for houses, but flats remain popular in some cities

Published On: October 20, 2020 at 8:13 am

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Lettings management platform Howsy has undertaken research that confirms houses are currently in higher demand than flats or apartments by tenants.

It looked at rental property data across 22 major cities in the UK. The analysis shows that demand for houses is currently at 29%, while demand for flats and apartments averages 26%.

Looking at the areas with the highest demand for houses, Belfast came top at 69%. Howsy points out this trend for more spacious accommodation is still being led by the current pandemic. 

However, there are some cities where flats and apartments are the more popular option. Manchester is currently home to the highest demand for flats and apartments at 57%.

Calum Brannan, Founder and CEO of Howsy, commented: “There’s no denying that the current pandemic has caused a shift in tenant demand trends as many have looked for more space in the wake of initial lockdown restrictions. 

“However, this trend hasn’t quite swept the nation completely and demand for flats and apartments remains robust in a number of major cities. 

“As we slowly return to normality, we should see flats and apartments continue to increase in demand as our major cities reopen their doors both professionally and socially.  

“This will be welcome news for landlords who have seen demand for flats fall and have had to slash rental prices to secure a tenant.”

Table shows tenant demand for houses, flats and overall across 23 major UK cities split by property preference and sorted by the highest demand to lowest.
CityTenant Demand for HousesTenant Demand for Flats Overall Tenant Demand
Manchester44%57%Flat24%
Liverpool52%53%Flat25%
Birmingham37%42%Flat22%
Nottingham20%35%Flat32%
Leeds28%33%Flat11%
Southampton27%32%Flat27%
Bournemouth21%30%Flat42%
Plymouth19%26%Flat33%
Bristol19%25%Flat56%
Swansea21%21%Flat28%
Newport10%15%Flat51%
Belfast69%0%House41%
Glasgow59%41%House42%
Portsmouth49%36%House41%
Sheffield30%20%House24%
Cardiff27%23%House26%
Oxford27%23%House27%
Newcastle26%20%House21%
Cambridge24%23%House26%
London23%19%House20%
Leicester21%19%House21%
Edinburgh14%8%House8%
Aberdeen10%5%House5%
Overall29%26%House28%
Data sourced from Rightmove and Zoopla. Demand is based on the proportion of homes already let as a percentage of total rental properties listed. E.g. if 100 rental properties are listed and 50 are already let agreed, demand is at 50%.