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Em Morley

Peers Believe Landlords Should Not Face Jail over Right to Rent

Published On: January 18, 2016 at 1:35 pm

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Two Conservative peers argue that landlords and letting agents should not face up to five years in prison if, accidentally, they rent a property to a tenant that should not be in the country.

The call comes from Lord Cathcart and Lord Howard of Rising in a proposed amendment to the Immigration Bill 2015.

Peers Believe Landlords Should Not Face Jail over Right to Rent

Peers Believe Landlords Should Not Face Jail over Right to Rent

They argue that landlords and agents should not face the prospect of criminal penalties if they are caught out by fraudulent papers, which would have already got past border agency officials.

The Right to Rent scheme is set to be enforced across England from 1st February. Initially, the Immigration Act 2014 will impose civil penalties, but the Immigration Bill 2015 – currently going through Parliament – will bring in criminal sanctions of either fines or imprisonment.

The amendment states that the following should be added to the bill: “A person does not commit an offence… where they are proceeding diligently to evict any adult who is disqualified as a result of their immigration status from occupying the property of which they are a landlord.”

The amendment is expected to be debated either this week or next. It seems that it only relates to fast-track evictions, but the peers are likely to make further arguments.

The Residential Landlords Association (RLA) and the Association of Residential Letting Agents (ARLA) have supported the amendment.

Both bodies are concerned that the new bill – as currently drafted – will make it an automatic criminal offence if a landlord or agent is notified by the Home Office that a tenant does not have the right to rent.

However, the bill allows 28 days for the illegal tenant to be evicted.

They also worry that the landlord or agent may have been caught out by false documents that allowed the illegal immigrant to enter the country initially; these would be the same papers that got past immigration officers, who do not face jail.

Additionally, a major concern is that landlords or agents would be criminalised prior to, or even without, prosecution.

It is expected that Lord Cathcart will argue to fellow peers that landlords and agents that have done everything to check a tenant’s right to rent and then take the required steps within the 28-day eviction period, should not be prosecuted.

Read the full amendment: http://www.publications.parliament.uk/pa/bills/lbill/2015-2016/0079/amend/am079-h.pdf

Rents for new lets up by 3.1% in 2015

Published On: January 18, 2016 at 12:03 pm

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Newly released analysis from Countrywide plc suggested that rents for freshly let homes continued to grow in 2015.

Despite growing at a slower pace than in 2014, rents climbed by an average of 3.1% over the course of the year, sending monthly typical monthly rental costs to £919 per calendar month.

Increases

The research shows that rents increased in all regions of England, with the East seeing the highest increase of 6.5%. Central London recorded growth of just 0.5%, which was the lowest of all regions.

Rental growth in 2015 was boosted by high demand for accommodation, with a low stock of homes available. This imbalance had led to increased competition for homes in the market, with the average property let within 20 days of being instructed, two days quicker than in 2014.

A slowdown in rental growth during 2015 for Greater London properties still saw rents increase by 4.7%. With rents spiralling in recent years, tenants have more often looked to less expensive areas of Outer London. This led the proportion of under 25s taking up residence in the rental sector in London to fall by 4% in 2015. What’s more, southern regions near London have seen increases in the proportion of under 25s entering their market, with Londoners looking further out for affordable agreements.

The table below shows that average rent for newly let units in 2015:

Region Average rent in Q4 2015 Average rent in Q4 2014 Year-on-year increase in rent
Greater London £1,292 £1,234 4.7%
Central London £2,497 £2,485 0.5%
East of England £945 £887 6.5%
South East £1,139 £1,118 1.9%
South West £816 £784 4.1%
Midlands £663 £651 1.8%
North £636 £627 1.4%
Scotland £662 £637 3.9%
Wales £666 £648 2.8%
Total £919 £891 3.1%

[1]

Rents for new lets up by 3.1% in 2015

Rents for new lets up by 3.1% in 2015

Affordability concerns

Johnny Morris, Research Director at Countrywide, noted, ‘a mix of steadily increasing demand and a lack of homes to rent supported rental growth in 2015, even though wage growth remained subdued. In the capital, rising costs meant renters were more likely to move to Outer London or the commuter belt in search of more affordable places to live.’[1]

‘2016 looks to be a complicated year for landlords as the government focuses its efforts on boosting homeownership,’ Morris continued. ‘The additional 3% stamp duty charge, stricter regulation and changes to tax relief from 2017 onwards will all take their toll on investor sentiment and impact behavior. With stock at a premium, the smaller landlords who decide to sell up will add upward pressure to rents, although any rises will be tempered by affordability pressures.’[1]

The table below indicates the average rent for occupied units in 2015:

Region Average rent December 2015 Average rent November 2014 Average rent December 2014 Year-on-Year Increase in rent Month-on-Month Increase in rent
Greater London £1,196 £1,192 £1,132 5.7% 0.3%
Central London £2,449 £2,445 £2,435 0.6% 0.2%
East of England £862 £859 £829 4.0% 0.3%
South East £997 £995 £981 1.6% 0.2%
South West £737 £736 £724 1.8% 0.1%
Midlands £629 £629 £620 1.5% 0.0%
North £624 £623 £612 2.0% 0.2%
Scotland £641 £639 £624 2.7% 0.3%
Wales £650 £649 £636 2.2% 0.2%
Total £857 £856 £834 2.8% 0.1%

[1]

[1] http://www.propertyreporter.co.uk/landlords/newly-let-home-rents-up-31.html

 

With Two Weeks to go, Legal Expert Calls for Right to Rent Delay

Published On: January 18, 2016 at 10:33 am

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On 1st February, the Right to Rent scheme will be rolled out across the whole of England, but a legal expert has called for the launch to be delayed.

The national roll out of the controversial scheme is scheduled for exactly one week today. However, landlords or their letting agents can already start conducting immigration checks. Find out more: /landlords-and-agents-must-prepare-for-right-to-rent-says-home-office/

With Two Weeks to go, Legal Expert Calls for Right to Rent Delay

With Two Weeks to go, Legal Expert Calls for Right to Rent Delay

David Smith, the Policy Director at the Residential Landlords Association (RLA) and a partner at law firm Anthony Gold, believes the scheme is not ready for a national roll out.

His call arrives after the Liberal Democrat leader, Tim Farron, tabled an early day motion.

The early day motion calls for the order for the nationwide launch of Right to Rent to be annulled. However, it has only attracted 38 signatures, predominantly from the Scottish National Party.

Smith supports the early day motion, as it is “an opportunity to provide more thorough, larger scale evaluation” of the scheme.

Right to Rent has been piloted in the West Midlands for just over a year, but Smith argues that it has produced little data, of which is contradictory.

He claims that the trial shows that Right to Rent is not achieving what the Government intends and is causing discrimination.

The Government’s review of the pilot scheme notes “limited evidence”1 that illegal immigrants’ access to the private rental sector was being controlled.

An earlier analysis, from the Joint Council for the Welfare of Immigrants, shows that 44% of tenants in the pilot area had not been asked for identity documents.

On behalf of the RLA, Smith states: “To proceed at this stage runs the very real risk of causing considerable harm to the relationship between landlords and tenants, which are so crucial to the smooth operation of the private rented sector.”1 

The early day motion can be viewed here: http://www.parliament.uk/edm/2015-16/934/

1 http://www.propertyindustryeye.com/two-weeks-to-go-until-right-to-rent-housing-lawyer-david-smith-calls-for-deferment/

 

 

 

 

 

Consultation on 20,000 new homes to let in Ealing begins

Published On: January 18, 2016 at 10:19 am

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A formal constitution is underway in Ealing Council in London, centering around a notion that all houses in multiple occupation within its borders should be licensed.

At present, only certain, larger HMOs in Ealing are licensed.

In addition, the council is suggesting licensing for all other privately rented homes in another five wards. These have been selected due to their large numbers of privately rented homes in substandard condition. What’s more, these areas, according to the council, have, ‘significant problems with anti-social behaviour.’[1]

Process

A twelve-week public consultation process started last week and ends on the 3rd April. It is believed that these suggestions combine to mean 20,000 properties will need licensing.

One of the largest boroughs in London, Ealing has more than 137,000 homes, of which 36,000 are privately rented from landlords. Census statistics for 2011 increased that private renting rose by 70% in the last decade.

Under the new proposals, which are similar to those proposed by many other Labour-controlled councils, a licensed landlord would be permitted to comply with a number of conditions. These relate to the management and condition of the property, which include gas, electrical and fire safety.

Consultation on 20,000 new homes to let in Ealing begins

Consultation on 20,000 new homes to let in Ealing begins

Agreement

As part of the changes, a written tenancy agreement would be required and anti-social behavior would not be put up with at any cost.

A council spokesman said, ‘all our residents deserve decent, safe homes to live in and we are determined to raise standards in the borough’s private rented sector to help us achieve this.’[1]

‘Underlying the proposals to expand the private rental licensing scheme in Ealing is the serious issue of poorly managed properties which pave the way for sub-standard living conditions and anti-social behavior. Our proposals will give the opportunity to drive up standards and robustly tackle unscrupulous landlords,’ the spokesman added.[1]

[1] https://www.landlordtoday.co.uk/breaking-news/2016/1/consultation-underway-on-new-licensing-for-20-000-properties-to-let

 

London Help to Buy Scheme to Launch on 1st February

Published On: January 17, 2016 at 6:30 pm

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The Help to Buy equity loan scheme will extend to prospective homebuyers in London from 1st February.

The Government initiative will offer loans of up to £240,000 to help buyers purchase new build properties.

The equity loan scheme has been available to buyers around the country since April 2013. Its extension in the capital sees the amount of money being offered doubling from 20% of the property’s purchase price to 40%.

Although mortgage rates are still at record lows and lenders are increasingly prepared to offer loans to first time buyers, sky-high house prices in London have priced many out of the market.

To meet affordability measures and qualify for mortgages, borrowers have been required to save huge deposits.

Figures from Halifax found that the average first time buyer in London bought a £367,990 home in 2015, with an average deposit of £91,409. Purchasing the same property with a 40% loan would mean the buyer would only need a deposit of £18,399.

The extension to the scheme, announced by Chancellor George Osborne in the Autumn Statement, will be available to buyers of new build homes in Greater London costing up to £600,000. As under the existing initiative, borrowers will need a deposit of at least 5% of the property’s value and to qualify for an ordinary mortgage.

They must also prove that they can afford interest payments on the Government loan when the five-year interest-free period comes to an end.

Despite interest starting at 1.75%, lenders are ensuring that repayments can be met at up to 4%, meaning that someone borrowing the maximum £240,000 would need to prove that they can afford to pay £800 per month, in addition to their mortgage and other outgoings.

When the scheme launches, mortgages will be available from Leeds Building Society, Nationwide and Lloyds Bank.

London Help to Buy Scheme to Launch on 1st February

London Help to Buy Scheme to Launch on 1st February

The Housing Minister, Brandon Lewis, comments on the extension: “We’re determined to help people enjoy the security that comes with owning a home and have already helped over 130,000 people into homeownership with Help to Buy.

“The scheme is helping people buy a home with a fraction of a deposit they would normally require and the new London scheme will help even more people follow in their footsteps.”1

£8.6 billion was set aside to extend the Help to Buy equity loan scheme from April this year – when it was originally due to end – to March 2021.

By the end of September last year, 3,548 households had used a Help to Buy equity loan to buy properties in the capital and the Government believes more than 10,000 more buyers could benefit from the extension.

It appears that developers have been one of the main beneficiaries of Help to Buy, reporting high demand for homes.

Ray Boulger, of mortgage brokers John Charcol, comments that the scheme is “a massive benefit to people who want to buy in London”.

He says buyers that are able to raise large enough deposits will effectively be able to double the amount they can spend, while keeping their monthly repayments at the same level.

However, he adds that there will be borrowers who are unable to clear the loan at the end of the five-year period and at that point, some homeowners will not be able to move up the housing ladder.

He explains: “People who use the scheme will stay in the property a lot longer – this is likely to happen with the existing scheme too. A lot of people will find that their ability to move is limited unless they want to downsize, but if they are buying a bigger property at the outset, that shouldn’t be a problem.”1 

Indeed, the scheme has also received criticism.

Property expert Henry Pryor believes the scheme will fuel demand and house price growth in London.

He says: “First introduced as a measure to encourage house builders to take off the tarpaulins off their moth-balled sites and get building again after the 2007-8 crash, the initiative has worked well with more homes being built, but the by-product is toxic – higher prices that require even more help to buy.

“Results from the quoted developers illustrates who is really being helped and a London version of the scheme is wrong, both from a moral and practical perspective. There are no work-shy builders in the capital; in fact, we need more sites to satisfy demand. Giving people help to afford what they otherwise could not is potty and will end in tears.”1

And the Chief Executive of homelessness charity Shelter, Campbell Robb, insists: “What we need to tackle the housing crisis in London isn’t more gimmicky schemes that are only available to higher earners, but investment in genuinely affordable homes.

“Without this, millions of Londoners on ordinary incomes will continue to be stuck in unstable, expensive private renting.

“To solve the housing crisis for the long term, both central Government and the Mayor need to prioritise building homes that people on low or average incomes can actually afford to rent or buy.”1

1 http://www.theguardian.com/money/2016/jan/12/london-help-to-buy-scheme-launch-in-february

 

 

Concerns over elderly and high fuel costs

Published On: January 17, 2016 at 10:30 am

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A concerning new survey has revealed that three in five older members of society will ration their heating during the rest of the Winter because of fears of spiralling heating costs.

42% of respondents also said that they would consider cutting back on their food, in order to save for heating costs, according to data from an investigation by comparethemarket.com.

Freezing

The report comes as Britain is finally experiencing it’s first real cold snap of the Winter to date, with the Met Office warning of snow and ice for later this week.

More results from the survey of 2,000 people aged 65 or over revealed:

  • 46% worry that the cold period will increase their bills
  • 54% fear that their income or pension wont be enough to cover their costs
  • 22% will have to use their savings for credit and energy outgoings

Campaigners have long lobbied companies to pass on reductions in their energy costs to consumers. They warn that many elderly people could die as a direct result of the cold and that more needs to be done to prevent this.

Concerns over elderly and high fuel costs

Concerns over elderly and high fuel costs

Anxious

Caroline Abrahams, charity director at Age UK said, ‘many older people will be feeling anxious about the current cold snap, not least because high heating costs are prohibitive for many, resulting in large numbers of older people finding it virtually impossible to stay adequately warm.’[1]

‘The UK has an appalling record on cold-related deaths, with one older person dying every seven minutes from the winter cold. Even normal cold temperatures of around six degrees significantly raise the risk of life-changing health problems such as heart attacks and strokes,’ she added.[1]

[1] http://www.itv.com/news/2016-01-13/survey-elderly-will-scrimp-on-heating-over-fuel-bill-fears-this-winter/