tenants
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Features
Happy tenancy endings
"Take great care with the formalities in ending a tenancy, misunderstandings can be very expensive", says Katrine Sporle, The Property Ombudsman.
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Features
Tenants with lifestyle flaws
Unfortunately, being in the oldest profession in the world does not make a model tenant… says Katrine Sporle, The Property Ombudsman.
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Latest property news
Heavy regulation has been good for Scottish rental market
Heavy regulation of the Scottish rental market in recent years has been a good thing for all concerned, says housing charity Crisis Scotland. After a clamp down on landlords and agents over the past ten years which has included four pieces of legislation, Crisis Scotland claims that all the potential downsides claimed by agents and landlords have failed to materialise. This has included increased responsibilities for and regulation of landlords and agents including an end to ‘no fault’ tenancy terminations, a Repairing Standard to enforce minimum property quality, strict HMO legislation, landlord registration and a ban on letting fees. Neil Guy (pictured), policy and practice manager at the charity, says the legislation has not restricted the growth of Scotland’s privatge rented sector (PRS) over the past ten years and that it has expanded faster than England’s, according to Scottish government housing data. Agents generally agree that the market is robust; for example Fiona Hindshaw of Clyde Property last month said that the “the general consensus across the board in Scotland is that the lettings market [during the final quarter of 2016] demonstrated continued strength and growth when compared to the same period in 2015 and we expect to see this growth…
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Features
Possession is nine-tenths of the law
But which law? A landmark ruling on possession has put the Housing Act ahead of human rights law as Laura Checkley, a partner at Pemberton Greenish LLP, explains.
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Housing Market
This is Generation Rent
Almost half of UK renters believe that they will never be in a position to buy their own home and that may be because so much of their income is now going towards paying rent, research shows. According to an independent survey for construction and regeneration company Keepmoat, 44 per cent of renters in the UK believe they will never own their own property with not being able to afford a deposit the most common reason for not getting on the property ladder. Dave Sheridan, Chief Executive of Keepmoat, said, “It’s clear that the amount of money first-time buyers need to raise for a deposit continues to stop many from getting on the property ladder.” High rents in relation to earnings may have a lot to do with the fact that many people now feel unable to save enough money for a deposit to buy a property. Rents in England, for instance, now stand at 47 per cent tenants’ average take-home pay, data from the latest English Housing Survey shows. In contrast, those who have secured a mortgage face repayments equal to 23 per cent, on average, of their earnings after tax. The comprehensive report also revealed that once housing…
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Latest property news
Tenancy deposit deadline day
Letting agents and property managers are being encouraged to urge landlords to check that their tenants’ deposits have been stored in a Government-protected scheme by the close of play today (Tuesday 23rd June) or they could be liable to pay the occupants of their property compensation. The deadline, which was imposed as part of the Deregulation Act, will impact on landlords who have existing tenancies that commenced before Tenancy Deposit Protection (TDP) was introduced in England and Wales in April 2007. Landlords and agents who still hold a deposit on a tenancy that started prior to 6th April 2007 and then rolled into a Statutory Periodic Tenancy (SPT) on or after that date must protect the deposit and serve the prescribed information by today to prevent being fined. For deposits taken before the 6thApril 2007 and where the tenancy became periodic prior to this date, landlords and agents are not required to protect the deposit however, they will not be able to serve a section 21 notice to regain possession of the property unless the deposit is protected with a tenancy deposit scheme. This new legislation is viewed upon as “another positive step towards raising standards in the professional lettings…
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Regulation & Law
New protection for tenants and landlords
Letting agents are now required to publish full details of the fees they charge. In addition, agents are also obliged to state whether or not they are a member of a client protection scheme and which redress scheme they are signed up to. The new legislation contained within the Consumer Rights Act 2015 came into force last week and is designed to ensure a fair deal for landlords and tenants, closing off the opportunity for a small minority of rogue agents to impose unreasonable, hidden charges. All letting agents are now required to publish a full tariff of their fees – both on their websites and prominently in their offices. Anyone who does not comply with these new rules will face a major fine. David Cox (left), Managing Director, Association of Residential Letting Agents, said, “Relevant information should be placed prominently in offices where letting agents have face to face contact with clients, as well as on their websites. Any costs to landlords and tenants must be clearly defined and comprehensively outlined, including all fees, charges and penalties that may be charged before, during and after a tenancy.” Meanwhile, more than 3,000 professional lettings agent across the UK have joined…
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Latest property news
Regulation of the letting agents needed, says CEO
The newly elected Conservative Government should make the regulation of letting agents a priority in a bid to deal with unscrupulous letting agencies and help improve standards in the industry, according to Leaders’ Chief Executive, Paul Weller. Mr Weller (left) believes that millions of landlords and tenants in the private rented sector (PRS) would prosper from the formal regulation of letting agents. He said, “More people and families than ever before now use the PRS and the services of letting agents. Yet the vast majority are unaware that letting agents are not regulated by the Government and that anyone can set up a letting agency, with no experience, knowledge of lettings law or client money protection in place. “Letting agents can hold hundreds of thousands of pounds in rent which they are supposed to protect. But without regulation, there is no way to enforce this and there have been countless cases of letting firms losing their clients’ money, using it for their own ends, or completely disappearing with it, leaving landlords and tenants badly out of pocket. Too many people have suffered at the hands of agents like this, as well as incompetent and unscrupulous agents who fail to provide…
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Agencies & People
‘Lack of evidence’ gives tenants advantage in disputes
A high volume of tenants are continuing to win deposit scheme disputes due to a lack of evidence, according to Imfuna Let, which has commented on the issue in light of statistics from the Tenant Deposit Scheme Annual Review 2014. According to the Review, since the tenant deposit schemes initiative came into force in 2007, tenants have won 100 per cent of a deposit more often than landlords. The figures reveal that renters have received the full deposit in 20.25 per cent of cases, compared to 18.21 per cent for landlords. Furthermore, the dispute amounts have leapt from £736 in 2010-2011 to £860 in 2013-2014. Cleaning remains the most common cause of dispute, appearing in 53 per cent of all cases. This is followed by damage (46 per cent), redecoration (29 per cent), arrears (16 per cent) and gardening (14 per cent). “Despite the best efforts of the deposit schemes, landlords and agents are not being awarded 100 per cent of the deposit as often as tenants,” said JaxKneppers, Founder and CEO of Imfuna Let. “It is worth asking ourselves why landlords have failed to improve their success rate at disputes over the last few years? One obvious reason is…
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Features
Stress in the PRS
11,000 tenant evictions in three months – will the problems for landlords and tenants worsen in 2015, asks Paul Shamplina of Landlord Action.
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