Month: August 2024

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How to Find Out Who the Landlord is for a Property in the UK

House Searching - How to Find Out Who the Landlord of a Property in UK

When renting a property in the UK, whether it’s a flat in London or a house in the countryside, it’s essential to know who your landlord is. Understanding the identity of your landlord helps protect your rights as a tenant and ensures you have a point of contact for any issues that might arise during your tenancy. This article provides a comprehensive guide on how to find out who the landlord is for a property in the UK, offering practical advice and resources for tenants and those involved in house searching.

1. Why Knowing Your Landlord is Important

Before diving into the methods of finding your landlord, it’s worth understanding why this information is crucial.

Legal Rights and Responsibilities

Knowing who your landlord is ensures that you understand your legal rights and responsibilities as a tenant. It allows you to verify that your landlord is complying with UK tenancy laws, such as ensuring the property is safe and habitable, registering your deposit with a tenancy deposit scheme, and providing an energy performance certificate.

Direct Communication

Having direct contact with your landlord can simplify communication about repairs, rent payments, or any issues that may arise during your tenancy. It also helps to avoid any potential scams or misunderstandings that could occur when dealing with intermediaries.

Protection from Rogue Landlords

Unfortunately, not all landlords operate within the law. Identifying who your landlord is can protect you from rogue landlords who may neglect their responsibilities, charge unfair rents, or fail to protect your deposit.

2. Identifying the Landlord Through Tenancy Agreements

Reviewing the Tenancy Agreement

The tenancy agreement is the first place you should check to find out who the landlord is. This legal document should clearly state the landlord’s name and address. It is a legal requirement in the UK for landlords to provide their tenants with a written tenancy agreement, especially for assured shorthold tenancies (ASTs), which are the most common type of tenancy in England and Wales.

  • Landlord’s Details: Look for a section in the agreement that details the landlord’s name and contact information. The address provided might be the landlord’s residential address or the address of their letting agent if they are using one.
  • Letting Agent’s Role: If a letting agent manages the property, their details will also be listed in the agreement. However, even if an agent is involved, the landlord’s identity should still be disclosed.

Asking the Letting Agent

If you’re renting through a letting agent and the tenancy agreement doesn’t clearly state who the landlord is, you have the right to ask the agent directly. Letting agents are required by law to provide you with the landlord’s contact details within 21 days of your written request.

3. Using the Land Registry

What is the Land Registry?

The Land Registry is a government agency that maintains records of land and property ownership in England and Wales. By searching the Land Registry, you can find out who owns a particular property, including the landlord of a property for rent in London or elsewhere in the UK.

How to Conduct a Land Registry Search

Conducting a search through the Land Registry is a straightforward process:

  • Visit the Land Registry Website: Go to the official Land Registry website (www.gov.uk/search-property-information-land-registry).
  • Property Search: Enter the address of the property you’re interested in. The Land Registry will provide you with the option to download the Title Register for a small fee (currently £3).
  • Reviewing the Title Register: The Title Register will show the name of the property owner, which should be your landlord. It also provides details about the property, including any mortgages or legal charges.

What to Do If the Landlord Is Not Listed

In some cases, particularly if the property is owned by a company or trust, the listed owner may not be a person but an entity. If this is the case, further investigation may be required to determine the individual or individuals behind the entity.

4. Investigating Through Local Authorities

Contacting the Local Council

Another way to find out who the landlord is for a property is to contact the local council, especially if the property is rented out as a House in Multiple Occupation (HMO). HMOs require landlords to register with the local council, and this registration is public information.

  • HMO Register: If you believe the property is an HMO (for example, if you’re sharing the property with several other unrelated tenants), you can request to see the HMO register from the local council. This register will list the name and contact details of the landlord.
  • Council Tax Information: In some cases, you might also be able to gather information about the landlord through council tax records. While you may not get the landlord’s name directly, you could find out if the council has the owner’s details on file.

Using Freedom of Information Requests

If you’re having difficulty obtaining information through conventional means, you might consider submitting a Freedom of Information (FOI) request to the local council. While councils are not obliged to provide personal information under FOI laws, they may be able to confirm whether they hold certain information, such as the identity of a landlord.

5. Exploring Online Resources

Home Search Sites

Home search sites are invaluable tools for finding a property for rent in London, but they can also provide useful information about landlords. While these sites typically focus on listings and property details, some platforms may include landlord reviews or information if the landlord has a significant online presence.

  • Rightmove and Zoopla: While primarily used for searching properties, some listings might include details about the landlord, especially if the property is let directly by the owner rather than through an agent.
  • OpenRent: This platform allows landlords to list properties directly, often including their contact details. Renting directly through OpenRent can sometimes make it easier to identify and communicate with the landlord.

Landlord Review Websites

There are a few websites and forums where tenants can share their experiences and reviews of landlords. While these sites are not comprehensive, they can sometimes offer insights into who the landlord is, particularly in larger buildings or properties with multiple units.

  • AllAgents.co.uk: This site primarily reviews letting agents, but if the landlord is well-known or has multiple properties, you might find relevant information.
  • TrustPilot: Some landlords and property management companies have profiles on TrustPilot, where you can read reviews and gather more information.

Social Media and Online Searches

In some cases, a simple online search might yield results. Many landlords, especially those who own multiple properties, may have an online presence through business websites, LinkedIn profiles, or social media. While this method is less formal, it can sometimes be effective in identifying the landlord.

6. Direct Contact and Legal Routes

Contacting the Neighbours

Sometimes, the simplest method can be the most effective. Neighbours, especially those who have lived in the area for a long time, might know the landlord or have useful information about the property’s ownership. While this approach requires some initiative, it can be a quick way to gather information.

Sending a Written Request

If you’re already living in the property and the landlord’s details are not clearly provided, you can make a formal request in writing. Under UK law, you have the right to know who your landlord is. The request should be addressed to the person or entity collecting your rent. They are legally required to provide you with the landlord’s contact details within 21 days.

Seeking Legal Advice

If you’ve exhausted all other methods and still cannot determine who your landlord is, it might be time to seek legal advice. A solicitor can assist you in obtaining this information, particularly if there are disputes or concerns about the tenancy. Legal professionals can also help if you suspect the property is being let illegally, such as if the landlord is not following proper regulations or failing to protect your deposit.

7. What to Do After Identifying the Landlord

Verifying the Landlord’s Identity

Once you have identified the landlord, it’s essential to verify their identity. This can be done through several means:

  • Cross-Reference with the Tenancy Agreement: Ensure that the landlord’s name matches the one provided in the tenancy agreement.
  • Check Against the Land Registry: If you’ve obtained the landlord’s name through the Land Registry, cross-check this with the details you have from other sources.
  • Request Identification: It’s within your rights to ask the landlord for identification, especially if you’re concerned about the legitimacy of the tenancy.

Communicating Directly with the Landlord

Establishing direct communication with your landlord is crucial for a smooth tenancy. Ensure you have up-to-date contact information, including a phone number and email address. Regular communication helps in promptly addressing any issues that arise during your tenancy.

Understanding Your Landlord’s Responsibilities

Once you know who your landlord is, it’s important to understand their responsibilities. Landlords are required by law to:

  • Ensure the property is safe: This includes having gas safety checks, electrical safety standards, and providing smoke and carbon monoxide alarms.
  • Register the deposit: Landlords must register your deposit in a government-approved tenancy deposit scheme within 30 days of receiving it.
  • Maintain the property: Landlords are responsible for repairs to the structure and exterior of the property, as well as ensuring the water, gas, and electricity supply is functioning properly.

If your landlord fails to meet these obligations, you have the right to take action, including withholding rent (under specific circumstances) or involving local authorities.

Conclusion

Finding out who the landlord is for a property in the UK is a critical step in ensuring a secure and legal tenancy. Whether you’re looking at a property for rent in London or anywhere else in the country, knowing who your landlord is gives you peace of mind and legal protection.

There are various methods to identify a landlord, from reviewing your tenancy agreement to conducting a Land Registry search or contacting local authorities. Home search sites and online resources can also be valuable tools in your quest to find out this essential information.

Once you’ve identified your landlord, ensure that all details are correct and maintain open communication. Understanding your rights and your landlord’s responsibilities will help you navigate your tenancy confidently, ensuring a positive renting experience in the UK.

Looking for homes? Check this b houses for sale.

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Deposit Alternatives – better for landlords than tenants, say TDS

Deposit Alternatives - better for landlords than tenants, say TDS

The chief executive of the Tenancy Deposit Service says the burgeoning number of deposit alternative services may represent good news for landlords, but possibly less so for tenants.

Steve Harriott says such schemes are effectively just an insurance premium, and he worries that some tenants may believe that this effectively lifts any responsibility from them for paying for damage or unfair levels of wear and tear on a property.

In a video interview with Landlord Today’s Lee Dahill, Harriott says that some deposit alternative schemes offer as much as 10 weeks’ rent for landlords in the event of a problem. “That’s great for landlords, but do the tenants know that?”

He says that if the damage at the end of a tenancy was equivalent to 10 weeks rent, the landlord will pursue that through the deposit alternative guarantee; however, if the tenant had paid a conventional upfront deposit of five weeks, the landlord probably wouldn’t have taken the tenant to court to pursue the rest.

It’s an interesting five minute interview, and you can see it the video (YouTube) link below:

Letting Agent Today Steve Harriott Deposit Alternative Schemes

To view this Property Podcast Today in full, click here.

Original Post from landlordtoday.co.uk

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Labour tax change for holiday lets will hit local economies – claim

Labour tax change for holiday lets will hit local economies - claim

The abolition of the furnished holiday lettings tax regime – confirmed earlier this week – will punish local economies, according to the Country Land and Business Association.

The CLA’s statement follows the UK government’s publishing of draft legislation to remove the FHL tax regime from April 2025.

The measure was originally floated by former Chancellor Jeremy Hunt at his Budget in the spring, but the necessary legislation did not pass before the General Election. However, this week the new Labour government published paperwork saying the change would still happen from spring next year.

From April loan interest income tax relief will be restricted to basic rate for all holiday let owners; capital allowances will not be available for new expenditure but will be replaced with relief for replacing domestic items; there will be no business CGT reliefs on chargeable gains on disposing of property; and income from holiday lets will be excluded when calculating maximum pension relief.

There will be some transitional arrangements – chief existing holidays lets will continue to benefit from capital allowances on expenditure already incurred; losses generated from a holiday lets business can be carried forward and set off against other property rental income; and roll-over relief, business asset disposal relief, gift relief, relief for loans to traders and exemptions for disposals by companies with substantial shareholdings will remain available to current qualifying lets so long as certain conditions are met.

However, the overall picture is that the change will remove many of the tax advantages that landlords who offer short-term holiday lets have over those who provide standard residential properties.

CLA president Victoria Vyvyan says that, in the case of farmers and landowners, diversification into the holiday lettings market is a business necessity.

“The short-term rental and holiday let sector contributes billions to the wider economy, supporting local shops and restaurants and creating tens of thousands of jobs. Abolishing the furnished holiday lets regime will only punish people who are helping to grow local economies.

“It is far from a tax loophole, providing a crucial support mechanism, strengthening the resilience and viability of many rural businesses that in turn enables them to invest in their work looking after the environment and feeding the nation.”

By converting unused or underutilised properties, that may not be suitable as homes in the private rented sector, into high-quality holiday accommodations, property owners contribute to the local community’s economic vitality, Vyvyan believes.

“Why are small rural businesses being punished for diversifying? This sweeping approach needs a far closer scrutiny of the perceived problem.”

Original Post from landlordtoday.co.uk

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Tenant who threatened gas engineer sent to fix boiler faces jail

Tenant who threatened gas engineer sent to fix boiler faces jail

A tenant in Scotland who admitted threatening behaviour towards a gas engineer who his landlord had booked to fix the property’s gas boiler is to face jail.

57-year-old Steven Bracy, who had been arrested previously when police arrived at his flat to break up a cannabis operation, refused to give gas engineer Ian Higgins access to the property on Gibson Terrace, Dundee (main image) when he arrived to repair the property’s boiler, reports The Courier.

Higgins then returned to his vehicle after a short exchange but Bracy followed him with a hammer and made threats.

At a Dundee Sheriff Court hearing, it was revealed that Bracy, who was described as ‘not having particularly good mental health’ had been in dispute with his landlord and believed Higgins had been sent to sabotage his boiler rather than fix it.

“I think Mr Bracy acknowledges that the difficulty he had was not with Mr Higgins but with his landlord,” said Solicitor Ross Donnelly.

Sabotage

“Mr Bracy had formed the view that his landlord was attempting to sabotage his boiler.”

Bracy is due to sentenced on August 8th once a social work report about his past offences has been completed.

Access to properties presents a major and growing problem for private rental sector landlords, particularly when dealing with gas safety tests and/or maintenance for boilers, and a survey last year by Gas Safety Week revealed that half of landlords reported being denied access to a property for safety checks or inspections.

And at the moment there is very little a landlord can do if, like Bracy, a tenant refuses entry. If they continue to do so, a ‘gas access’ injunction must be secured from a court. If tenants do not comply with such injunctions, they may be held in contempt of court and face imprisonment or a fine.

Image credit: Google Streetview

Original Post from landlordzone.co.uk

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Investing in commercial property – is now a good time to start?

Investing in commercial property – is now a good time to start

Investing in commercial property – is now a good time to start?

Tom Entwistle talks about the prospects of investing in commercial property.

Commercial property is an alternative asset class to residential and depending on your own circumstances, it may be a sensible way of diversifying your overall investment portfolio risk.

By the way you don’t need to attend expensive “guru” courses to have them hold your hand – there’s lots of information and advice available if you only ask and read-up. Basically, it’s just a lot of common sense, doing rigorous research and being cautious – not taking too much risk.

Many landlords have been leaving the residential private rented sector and don’t realise the potential investment value there is in the commercial property sector. This is a different ball game, so a slightly different skill set is required, but it’s not a big step by any means.

You need good market knowledge, a basic understanding of contract law and the Landlord & Tenant Act 1954. There are few books available on UK investing in commercial property – the best ones tend to be by American authors so they need a bit of interpretation because they use some different technical terms.

Business to business

As a landlord of a commercial property, you are renting out to another business not a private residential tenant, so often, providing the business is well established, you get a reliable source of income in the form of rents. If you are renting to start-ups, make sure you get personal guarantees in place, especially if it’s a limited company tenant.

But when you are new to this, purchasing a commercial property can be a bit daunting as you will find it hard to know if you are buying at the right price. Often there are no quoted prices available on comparable properties and it is something of a closed shop as far as commercial property agents and their detailed knowledge is concerned.

People make the most money from commercial property whey they buy: distressed sales, mis-information, poor marketing and vendors not understanding when they have. The lease is the starting point for a tenanted investment. A lot of detective work is required.

Values have been hit!

Commercial property values have taken a hit over the past few years due to an economic slowdown, higher interest rates and Covid. As a consequence, many tenanted buildings will be over-rented at current rates. Those owners with greater exposure to offices and retail property have borne the brunt of market scepticism with values falling sharply, some rents are down 50% or so from their peak..

This creates opportunities as eventually the market cycle will change and inevitably values will rise again, but in the meantime, yields have been pushed up and there are some bargains to be had. The question is, which properties will be in demand in the future. Will the economy with this new Labour government turn and grow, that’s a big question at this early stage?

Risk

There are many advantages to investing in commercial property, but there are also some big risks. Tenant demand is the key to this and with tenant demand goes location: the famous quote, “location, location, location”, its originator lost through time, is as true today as when it was first spoken, most likely in 1920s America.

It’s vital for a shop to have good footfall, less important for an office or industrial building, but nevertheless still important. Location also determines the property designation: primary, secondary or tertiary.

Here we are dealing primarily with investing for small-scale landlords, those with funds to invest most likely up to £500k, £1m tops. This would normally put you in the secondary property category.

The secondary market tends to be smaller shops, offices or industrial units housing smaller firms as tenants. Primary property would be city centre buildings, shopping centres or retail parks running to £millions of an investment, whereas the tertiary market tends to not only be in less desirable areas they may be older run-down or converted buildings of one kind or other.

Tenant risk

Unless you have vast resources behind you, chances are when you are starting off you are going to be dealing with smaller tenants: family businesses, or what the Americans call “Mom and Pop” businesses. These businesses, especially if they are new, are the least financially secure – your rent payments are at risk.

To combat this you need to do your due diligence on tenants very rigorously, whether they are existing tenants when you buy or you are taking on new business tenants.

Good advice is hard to come by on this topic unless you are willing to get tied up to some ridiculously expensive scheme that’s going to take a big chunk of your money before you even get started. That’s not necessary. Here’s some free sensible advice in video format.

Personally, I would prefer a sole trader to a newly formed limited company. Sole traders put their personal assets at risk, so they have something to lose. If you must take on a newly formed limited company tenant make sure you get personal guarantees.

The tenant lease that you find in place, or the one you sign them up to is crucial. Make sure you understand all the clauses and use a good property solicitor if you are drawing up a new one. You can share the costs between you and the new tenant.

Returns

When you rent out a commercial property you are looking for a return of two kinds: income and capital growth. Generally, income (yield) from a secondary commercial unit, say a shop or office with a reasonable prospect of letting and staying occupied would be around 10 percent, which is higher than what you would expect from a residential letting.

Yield reflects risk, so the higher the risk, the higher the yield you can expect to get as a reward or incentive for taking that risk. It is possible to increase that yield on an investment by buying cheap (say a run-down unit needing refurbishment) maybe up to 20 percent. In that case it would take you just five years to get your original investment back as opposed to 10 with a 10 percent yield. After that time, you would expect the property’s value to have increased, as would the market rent, at least keeping pace with inflation.

The advantages of investing in a commercial property:

  • Investing in bricks and mortar potentially offers you capital growth with a regular monthly or quarterly income, and greater security than investing in stocks and shares. The rental yields are usually much better than residential
  • You can let on legally secure long-term leases (Landlord & Tenant Act 1954), anything from 3 to 20 years, which providing you have let to a good solid tenant, will give you a reliable income stream. This can safely protect you into the future.
  • Management from a landlord’s point of view is a much lighter touch than what’s needed with buy-to-lets as there are far fewer tenant changes and with a full-repairing and insuring (FRI) lease, the tenant is responsible for everything.
  • Commercial tenants avoid some of the punitive tax changes and tighter regulations now affecting UK residential (buy-to-let) investments.
  • There are far less statutory regulations to protect your business tenants, so if a business tenant fails to pay rent you have the protection of a commercial contract: you can hire commercial bailiffs to recover rent within weeks or evict the tenant (forfeit the property).

The disadvantages of investing in a commercial property:

  • Commercial units usually require a larger investment than a buy-to-lets and there is no buy-to-let mortgage available, so you will need a commercial loan. Not only do commercial loans come with a higher price tag (interest) they are harder to get if you don’t have a demonstrable successful track record.
  • Commercial property represents a greater risk than a residential one. That’s because if the property comes vacant residential units let almost straight away, whereas it can take months or even years to find a suitable replacement commercial tenant.
  • If the unit becomes vacant the commercial charges are a killer: all the costs now fall back on the landlords that the tenant was paying before, full business rates become payable after 3 months, insurance often doubles in price because of the vacancy, and you may need to pay for some kind of security to protect your investment. Utility bills also fall back on the landlord.
  • With the new MEES regulations landlords are obliged to bring their buildings up to the latest specifications on energy efficiency. These buildings are often far more complex, some are older and therefore expensive to upgrade as required. If they are already tenanted the work involved is likely to be difficult to resolve.

Valuing the property

Valuing a commercial property is a specialist field of activity and unless you are an experienced investor, even if you are, you should enlist the services of a property professional, a property agent who is usually a qualified chartered surveyor with local knowledge.

Comparing the property with others in the vicinity is perhaps the most common valuation method – the comparables method. You can compare the rents and yields currently being achieved on similar properties in similar locations. This method involves a fair amount of insider information beyond simple Land Registry data, that’s why you need to liaise with local commercial property agents who will have the local knowledge – passing rents and yields – based on the key value factors – the state and age of the property, size measurements, interior layouts and access points, local tenant demand etc. The difficulty with the comparables method is lack of recent sales or rent reviews and the existence of special purchases or sales, over or under the market prices.

The investment method is used where there is an income stream to value the investment yield, but this means the property is tenanted or an accurate assessment of the virtually certain achievable rent can be made. This can include a mixed use case of commercial, residential, retail, industrial etc. Rental values (market rent) and a market-based yield must be assessed, the yield being the annual return on investment, expressed as a percentage of the capital value.

Valuers will usually apply rental growth into such a calculation based on a reasonable number of years (lease length) and taking inflation predictions into account. The method uses a discounted cash flow (DCF) calculation based on an assumed discounted rate and various other value assumptions. The rate of return used in a DCF calculation will reflect the current risk-free rate (what could be achieved in a 10 year treasury bond for example) plus a property risk premium.

All valuation models of this type rely on having sufficient reliable data – garbage in, garbage out – and of course most successful investors use these valuations as a base to which they add their “gut instinct” about a particular purchase.

At the end of the day, the quality of the tenant is the key to a commercial property’s value.

Is now a good time to invest in commercial property?

When a property is cheap it’s usually for a reason. In the case of commercial it’s because no firm wants that retail shop, office or industrial unit that’s on the market, it’s in the wrong place, or in need of a major refurb and therefore investors don’t want it tenanted or vacant.

Generally, the value of a commercial building depends on the bricks and mortar but more importantly on the quality of the tenant and the length of lease to maturity. This is known as covenant strength, the future security of that all-important income stream.

Where are we in the cycle, are there signs of an economic recovery and what are the letting prospects for the property investment – commercial property values are very much tied to the fortunes of the national and local economies.

Have you done your thorough due diligence observing footfall over an extended period and assessing the quality of the location. Have you structurally surveyed the building for hidden issues that could cost a small fortune? Have you researched the local plan for changes such as new roads, diversions, new developments in the locality. Remember, if the price is low, there is usually a reason for that.

Price is what you pay, value is what you get as Warren Buffet famously said, so take your time when assessing value before making a reasonable offer. Don’t get carried away and always be prepared to miss a deal by offering a lower price. Once you have assessed the value to you, don’t pay more unless there’s a special reason  – remember, you make your profit on a deal when you buy, not when you sell.

Tax strategies

There are various kinds of tax advantages when investing in commercial properties – see the TaxCafe guide below. One particular advantage is, it can be tax-efficient to buy commercial property through a pension, where the pension fund owns the property investment. This is particularly useful if you are thinking about passing on your wealth to the next generation as your SIPP or SASS is in effect a trust fund which can be passed over to family inheritance tax (IHT) free. Seek professional advice.

Risk reduction

How can you reduce your risk when investing in a commercial?

For a start you can do your thorough research and valuation as stated above. Secondly you can reduce your initial outlay as much as possible by buying something that requires refurb work. Not everyone wants to do that, so the market for the property is reduced and therefore the price will be less. If you are handy and you can do some of the refurbishment and/or conversion work yourself, so much the better – you can add a tremendous amount of value that way. But remember, you can’t reclaim tax on work you do yourself.

Ask yourself if it’s the right time to buy by assessing the values of comparable, perhaps speaking to local agents to get their views – they are dealing in the market every day if they see there’s a prospect of a deal with you, they are likely to be very helpful. Find a good mortgage broker to search the market for the best commercial deals for you.

Next you can look at buying with an eye to development, perhaps to split the whole into smaller units, shops with offices combined. You then have several tenants providing you with income, so your risk is reduced if one fails.

Finally, think about mixed use, commercial and residential combined. You can always guarantee to get a residential tenant, perhaps in flats above shops and offices. There are also tax and planning incentives for commercial to residential conversions through VAT concessions and permitted development rights. If the shops or offices won’t let for a while the residential uppers could cover the costs of vacancies reducing your risk considerably.

Good luck in your endeavours investing in commercial property. If you get it right, it’s more lucrative than buy-to-let and a lot less hassle.

Tax Café, The Benefits of Commercial Property, The Tax Benefits of Commercial Property

Original Post from landlordzone.co.uk

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Labour confirms minimum EPC ‘band C’ for rented homes

Labour confirms minimum EPC 'band C' for rented homes

Labour has confirmed that it will require all private sector landlords to bring their properties up to a minimum Energy Performance Certificate (EPC) band C by 2030.

Energy Security and Net Zero minister Miatta Fahnbulleh (main image, inset) told MPs that “this government is committed to reducing the number of fuel poor households in England.

“We will require landlords to improve their properties to Energy Performance Certificate band C by 2030.

“Ensuring warmer, healthier private rented homes will lift many families out of fuel poverty and reduce energy bills.”

This follows a promise by her boss, Ed Miliband earlier this summer that “the House should be in no doubt about our ambition to cut the number of people in fuel poverty as much as possible during the five years of this parliament”.

“More than 3 million people are in fuel poverty in our country.”

EPC required

At the moment, any property in England, Scotland or Wales that is either being built, marketed for sale or let as an entire property requires an Energy Performance Certificate (EPC).

Since the 1st of October 2008, landlords letting whole properties must have a valid EPC rated at ‘E’ or above to provide to prospective tenants.

EPCs are valid for ten years. After this time, landlords are only required to get a new EPC if they are re-letting to a new tenant.

But Labour has rowed away from one key ‘Net Zero’ issue – setting a deadline for the replacement of gas boilers with greener alternatives, saying that “nobody will be forced to rip out their boiler as a result of our plans”. The Tories proposed such a policy but U-turned during July 2023.

Original Post from landlordzone.co.uk

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Landlord loses long-running ‘battle of the staircase’ with council

Landlord loses long-running 'battle of the staircase' with council

An HMO landlord has lost his appeal against an improvement notice ordering him to update a ‘paddle staircase’ in a case that highlights the surprising lengths some councils will go to enforce licencing rules.

A paddle staircase (pictured) is one that uses special ‘paddle’ steps that enable the use of a steep staircase at more extreme angles than would normally be possible.

Benjamin Williams told a First Tier Property Tribunal that he had made sufficient changes to the staircase leading to the third storey of his property in Roehampton Vale, London, however, a judge ruled that his efforts weren’t enough to get the notice quashed.

The landlord was first handed the notice by Wandsworth Council in December 2022 – on the basis that there was a Category 1 hazard relating to the risk of a fall on the stairs – but contested this and agreed to take steps to rectify the issue in March 2023, within six months.

Measures included either replacing the paddle steps or removing a step to create a compliant gradient, adding a grip rail and underboarding the staircase with fire resistant plasterboard.

However, an inspection found that the paddle staircase was still at a steep gradient with uneven treads.

The professional landlord, who has over 50 properites within his portfolio, explained that the staircase had been in situ since 2009 when he received his first HMO licence and that he had worked with a qualified fire safety consultant following being handed the notice.

Wandsworth Council disagreed that the works sufficiently reduced the risk to tenants and said the landlord appeared only to be considering the fire safety element of the hazard whereas its main concern was falls. If it had been changed to a traditional style staircase it would have been satisfied.

The authority demanded costs of £619 but the judge refused. He said: “The suggestion within those conditions that a paddle staircase might be acceptable was misleading and led to the applicant expending money in trying to mitigate the risks posed by the paddle staircase when in reality the only acceptable solution was to replace it with a traditional staircase.”

Original Post from landlordzone.co.uk

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HMOs do not deny homes to families and first time buyers

HMOs do not deny homes to families and first time buyers

A councillor in the North of England has pushed back against unlikely claims that large firms operating HMOs are ‘taking away his town’s family homes’.

Colleagues in Barnsley calling for tougher regulations in the sector claim HMOs are shrinking the available housing stock, a common compliant by those criticising the sector.

Councillor Steve Bullcock says: “We cannot overlook every house converted into an HMO is potentially an affordable family home no longer available for the area,” reports The Barnsley Chronicle. “This is a worry; we should encourage the availability of affordable family homes at all times.”

Councillor Robin Franklin (pictured) cabinet spokesperson for regeneration and culture, points out that an Article 4 Direction since 2021 means that every potential HMO requires planning permission and consideration against the policies contained within the town’s local plan.

First time buyers

“Most HMOs are larger properties, around five to 12 bedrooms, so not typically the choice for first-time buyers,” Franklin explains. “They also help to meet housing needs in the borough by providing more affordable options for our residents.”

He adds that the authority’s data does not suggest that antisocial behaviour was more prevalent in areas with higher numbers of HMOs.

As of June, 188 HMOs have been licensed across the borough, managed by companies nationwide including from London, Nottingham and Gloucester.

Stringent

Councillor Bullcock told the Chronicle: “HMOs should without fail be subject to stringent regular checks every six months, or why not after every change of tenant – these checks should be mandatory and undertaken by the council and funded by the landlord.”

He adds: “What I have grave concerns about is long distance, irresponsible landlords or agents who do not show any interest day-to-day with how the property is managed by the tenants.”

Original Post from landlordzone.co.uk

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Landlord fined for failing to provide documents to council

Landlord fined for failing to provide documents to council
The landlord of a suspected HMO has been fined for not producing tenancy agreements and bank statements relating to tenants.Daria Smith, the co-owner of a property in Swindon, pleaded guilty to not complying with a Section 235 Notice, which is a breach of Section 236 (1) of the Housing Act 2004.Smith was sent a notice demanding that she produce tenancy agreements and bank statements for any occupiers of her property.
The notice was sent after a prospective buyer of the home contacted Swindon council stating the property was occupied by six tenants as a licensable HMO, without such a licence being place.An investigating officer from the council then visited unannounced and spoke with one of the tenants who said there were six people living there and he wasn’t related to any of them.Witness statements were taken from two other occupiers. Both statements confirmed six people lived in the property and they were not related to one another.The property has six bedrooms with a shared kitchen and bathroom and is therefore it is believed mandatory HMO licensing applies.The notices to provide tenancy agreements and bank statements were not complied with by the landlord and, shortly after the Section 235 notice was served, the tenants were evicted or left the property.Smith stated the property had not been rented out as an HMO and had been rented to family and friends.

After failing to attend two Police and Criminal Evidence Act interviews with the council, notices were served on both registered owners but the case was only pursued against her as the rent is shown as being transferred to her and witness statements refer to Daria Smith as the landlord.

After pleading guilty at Swindon Magistrates Court to failing to comply with the Section 235 Notice, she was £300 and ordered her to pay £4,022 in court costs.

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AI firm launches that pairs up tenants with ideal rental properties

AI firm launches that pairs up tenants with ideal rental properties

A new tech start-up using AI to pair tenants with the most suitable rented homes has been launched.

Rentsmart claims to save hours of searching for listings on rental platforms by coming up with the most relevant properties and making house-hunters immediately aware when a property matching their requirements becomes available.

The website – which is currently crowdfunding – organises viewings around users’ schedules, tells them the time and location for each viewing, and the contact details of the agent or landlord.

Founder Callum Hook (main image) says the matching algorithms help most people find a new home in an average of 12 days. He credits the increasing sophistication of AI in being able to understand the nuance of customers’ preferences and trade-offs.

Transformational

“A company like Rentsmart wasn’t possible even 12 months ago,” Hook tells The Standard. “The last 12-18 months have been transformational for the tech industry and generative AI is starting to enable us to automate tasks that previously were considered too complex to.

By using AI, we can let users explain what they want with language, allowing us to more deeply understand their preferences, what’s really important to them, and what’s less of a deal-breaker.”

Requests so far have included everything from ‘yes we want a garden, but if the park is two minutes away and the kitchen is bigger than we expected, we’d take it’ to ‘my boyfriend prefers clean, modern properties, whereas I’m more into old, eccentric buildings — can you help us find something in the middle?’.

The company has a standard package, costing £45 and offering unlimited property matches, a dedicated relocation specialist and seven-day-a-week customer support, along with a premium package, costing £69 and offering the added benefit of no more agent calls, with viewings being scheduled and booked.

Original Post from landlordzone.co.uk