Regulation & Law
News articles looking at national legislation and local regulation and the application of law to the residential property industry.
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EXCLUSIVE: Trading Standards to halt agents charging pet rent if legal advice goes its way
The National Trading Standards Estate Agency Team (NTSEAT) has sought legal advice on whether agents can charge higher rents or additional ‘rent premiums’ for tenants who have pets, and a decision is likely next week, The Negotiator has been told. As we have reported before, many agents have been charging up to £50 a month or £600 a year as a ‘rent premium’ to tenants who have dogs or cats. This has been prompted by the tenant fees ban legislation in England and Wales, which capped rental deposits at five week’s rent for most tenancies, and six weeks’ rent for those over £50,000 a year. “This has caused some issues especially with problem properties and tenants where agents have always quite rightly said that they wanted larger deposits because it’s very difficult getting money back from people after they have moved on,” says James Munro, Senior Manager at NTSEAT (left). “So they want to ensure they have a contingency if there are problems during the tenancy. “They are saying five weeks’ deposit isn’t enough now, and understandably they are trying different ways of trying to deal with this. “But we’re not entirely happy with this because we think it’s something…
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Tenant evictions set to be key battleground during General Election
A leading renters’ rights lobbying group has claimed that Section 21 evictions will play a key role in the looming General Election on December 12th. Generation Rent, which believes that the private rental sector should be reorganised for the safety of tenants rather than the profit of landlords, says several marginal constituencies, including Boris Johnson’s Uxbridge & South Ruislip constituency, feature high levels of ‘no fault’ evictions. Generation Rent says the problem of ‘no fault’ evictions is becoming a key campaigning issue. Its analysis of official government data shows that of the 260,000 families who faced homelessness last year some 27,450 or 10.5% were via evictions using a Section 21 notice. A further 800 households were evicted after complaining to their landlord, letting agent or council about their property, figures published in The Times reveals. Homeless “For private renters, the most common reason for becoming homeless is that your landlord wants to sell or simply re-let the property,” says Dan Wilson-Craw of Generation Rent. “Landlords don’t have to prove grounds or help you move. “The next government would dramatically reduce homelessness by abolishing Section 21 evictions, making landlords foot the tenant’s bill if they want to sell.” The call to…
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First ever banning order in London obtained against criminal landlord
The first ever rogue landlord banning order in London has been obtained against 42-year-old Cesar De Sousa Melo. This banning order follows multiple investigations by Camden Council into Melo’s activities, which were brought to the attention of officers following a rogue landlord referral received in May 2018 via the Greater London Authority and Mayor of London website. Melo, who is believed to be of Brazilian origins, was subsequently found to have broken a host of rules and laws governing rented property at three addresses including illegally subletting one property, dangerous electrical wiring, failing to fit smoke alarms and shoddy partition work. Multiple breaches The flats he managed also featured cramped conditions (pictured, above), inadequate fire alarms and overall multiple breaches of the Housing Act 2004. Tenants staying in the flats all of which were in and around Kings Cross and Euston in Central London were all young or from overseas and paid inflated rents for poor standards of housing. The banning order begins somewhat curiously in March next year and, if Melo breaches the order, he faces imprisonment for up to 51 weeks or a court fine – or both – or a Civil Financial Penalty of up to £30,000.…
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Latest mortgage fraud case ‘strikes at the heart of conveyancing’
By changing her name and then applying for a passport, Sarah Broadbelt sold a property she didn't own for £75,000 without anyone in the chain noticing.
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Will the General Election scupper RoPA?
Safeagent has warned the industry that regulation of estate agents through the RoPA proposals is not the done deal that many other organisations present it as. Isobel Thomson, Safeagent’s CEO, says the General Election has thrown the RoPA proposals into question because neither Labour or any of the other political parties have officially supported it. Accepted not adopted Thomson has also told The Negotiator that although many organisations are excited by the proposed professionalisation of the industry, the government has only ‘accepted’ Lord Best’s report and that it has yet to say it will adopt all of the RoPA recommendations. “Prior to the General Election being triggered there was no government announcement on RoPA,” she says. “We don’t know which political party is going to form the next government and we don’t know what their attitude to RoPA might be. “But we do want movement on this; Safeagent wants regulation of agents in whatever form that takes.” Approved Body If the Conservatives do win a majority and it does accept all of the RoPA recommendations, Thomson has confirmed that Safeagent would hope to gain Approved Body status and play a part in helping its members implement the new rules on…
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Tenants enjoy £2m rental deposit return bonanza as fees ban kicks in
Deposit protection scheme TDS says it's returning £320 per tenant on average as tenancies come up for renewal.
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Infamous landlord Fergus Wilson convicted of abusing parking attendant
The 71-year-old was taken to court following an argument with an attendant about a parking ticket he received in Maidstone.
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The Property Ombudsman reveals 15% fees increase and new usage policy
The Property Ombudsman is to introduce higher fees for agents generating the most complaints - and discounts for those who don’t.
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