Landlord News Important Legislation Changes - Archive pre 2014
Electrical checks to become compulsory for private housing The Government’s Select Committee of the CLG (Communities and Local Government) is putting forward a recommendation that in future, all private sector landlords must undertake a mandatory check of the electrical installations in their properties every five years.. Read News Article
London landlords “jumping ship” from benefits sector A London borough council has said that private landlord’s quitting the benefits sector. Read News Article
£3 million fund available to Councils to take on rogue landlords Plans have just been recently announced of a £3million fund that Councils can take a share of to take on rogue landlords, according to Mark Prisk the Housing Minister. Read News Article
Call for “Whistleblowers” from Liverpool Council Liverpool City Council is the first Authority in the Country to introduce a “whistle blowing” hotline for tenants to report bad landlords. The tenants themselves can remain anonymous. Read News Article
Members query - renting to victims of domestic violence I just joined and your site seems very good. I was saddened to see that you implicitly advise against renting to women fleeing domestic violence on this page: https://www.pims.co.uk/Selecting-the-tenant"They may have emotional baggage [violent partner], from the previous relationship that may have an adverse effect on them being a tenant." read full query posed by member and our response
Sheffield landlords could pay licence to let in Page Hall. A public consultation has been set up by Sheffield City Council that may mean Sheffield landlords would have to apply for special licence to be allowed to rent properties in the Page Hall..Read News Article
Rent arrears continue to rise
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A firm of receivers has stated that tenant numbers going into rent arrears of more than two months is rapidly growing. Read News Article
Landlord fined by court and told – “Let there be light” The landlord first received a prohibition order from Reading Council as the basement flat that he was renting out had only a pane of glass in the front door and a tiny window next to it that allowed any natural light into the apartment Read News Article
Over 50’s renters sprint ahead There is an upsurge in the numbers of tenants who are 50 and over whilst younger tenants are falling. Read News Article
Top Cities to “buy-to-let”. lA Top lender has named Southampton, Blackpool and Hull as the country’s best cities to buy-to-let for landlords to maximise their returns from investments in the rental property market.. Read News Article
Haringey Council fines first landlord A landlord is going to have to pay a fine of more than £5,700 after they failed to obtain licences for their HMO properties.Read News Article
Labour’s New Policy paper shows their intent for Landlord’s Labour is planning to introduce a National Register of Landlords with the aim that anyone who is found to be negligent will be struck off the Register and consequently stopped from being a landlord. Read News Article
WHAT ARE THE ISSUES / PENALTIES RENTING TO ILLEGAL IMIGRANTS? The responsibility will be put on Landlords check the immigration status of migrants who apply for a tenancy. If it transpires the Landlord is letting to persons without appropriate permission to live AND work in the UK then the consequences could be dire Read News Article
Landlords rented house goes to Pot A Landlord’s house that was rented burnt down after flames engulfed the cannabis farm within the property. Obi Ljeoma had no cause to think that his house was being used to grow cannabis, until he got the call from the police telling him his property was going up in smoke Read News Article
PIMS MEMBERS ONLY - SECTION 21 NOTICE APPEALS SAVING CLAUSES It never ceases to amaze us how many Judges reject valid Section 21 Notices and have disregard or ignorance of the case law surrounding Savings Clauses to assist members we have now added letters, that have been successful in reinstating claims for possession see Savings Clause - Court Appeal Letters
The Deposit Schemes remain lacking - Superstrike V Rodrigues a Court of Appeal Ruling - The three Deposit Scheme remain lacking and have still failed to provide Landlords and Letting Agents with an update as to the implications of this case ruling
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FACT - If a deposit was received before 6 April 2007 and the periodic tenancy commenced after 6 April 2007, the deposit MUST be protected otherwise the tenant cannot be evicted using the section 21 process until such remedied.Read PIMS Review of case
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This case could have wide sweeping implications for ALL Periodic Tenancies and validity of use of Section 21, Penalties and Fines Read PIMS Review of case
HMRC wins case against landlord claiming Capital Gains Tax After moving into one of her properties because of her separation from her husband, a buy-to let owner claimed that one of her properties was her residential address and was therefore eligible for Capital Gains Tax when the property was sold 
renting to DSS - lha rules changed 1st april - entitlement to a bedroom
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A tenant is allowed to claim for one bedroom up to a maximum of five for: (revised 1 April 2013. example any two children of the same sex aged under 16 is one room or any two children aged under 10 is one room
Funding Boost from Government to crack down on “beds in sheds” Nearly £800,000 has been granted to four London boroughs by Housing Minister Mark Prisk who has promised to “crack down” on criminal landlords trapping vulnerable tenants in “beds in sheds
AdverTising Standards rules that details of fees must be included in lettings adverts In a move that may soon include Landlords, the ASA, Advertising Standards Authority have ruled that from now on letting agents will have to include their charges to tenants in their advertising.
Chancellor’s new scheme to increase home ownership may see an end of the “Golden Renting” era.
The Help to Buy scheme, that is being introduced by the Government, may seriously affect the private rental market. The Chancellor’s scheme will offer mortgages of 95% on properties worth up to £600,000 from January 2014
Clean Ovens will avoid disputes The majority of tenant deposits disputes revolve around the state of a property’s cleanliness when tenants vacate. This usually accounts for just over 50% of arguments between landlords and tenants over the return of partial or all of the deposit.
Landlords face losing their property due to Council’s Housing Benefits debacle. A couple
in Bonsall face the prospect of losing their property due to Nottingham City Council’s “disastrous” and “misguided” housing benefit policy
Landlord appeals against £1.4 million fineThe landlord in question has two options, either to pay the fine in full within six months or face a 10 year sentence. He is appealing the decision in the Court of Appeal
Suspended sentence for landlord who risked tenants lives by defective gas appliance. A private landlord from Hull “blatantly and deliberately disregarded” the law regarding dangerous and defective gas work,was told he risked his tenants lives to the threat of carbon monoxide poisoning.
Big Brother Crackdown by HMRC on landlords! HM Revenue & Customs (HMRC) has been accused of being extremely ‘scary and aggressive’ in its heavy handed attempts to target landlords indiscriminately.Because of information gleaned from Councils, landlords are now receiving letters from the HMRC to find out if they are evading paying tax on rental income
Regulation of letting agent’s only just crosses the line on vote. With just five votes clinching the go-ahead, the amendment of letting agents to be regulated under the scope of the Estate Agents Act, got passed in the House of Lords
Universal TAX Credit trial causes rent arrears to increase 700% The trial on Universal Credits involved some 950 tenants who received their rent paid directly to them, this resulted in a shocking 700% upsurge in rent arrears
I want to convert my house into flats. What are the issues ? PIMS Member Gary Walden recently asked "I want to convert my property into flats. What are the issues?" Fellow Member Scott Architectural provided an overview of the key points Gary should consider.
Nationwide U TURN and now accepts Buy to Lets for benefit tenants.
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Nationwide’s buy-to-let lending subsidiary The Mortgage Works has taken a major decision on its existing exclusion policy by announcing that it will now start lending to landlords who have tenants on housing benefits.
Rogue Landlord - what about Rogue Tenants! Where is the support for landlords who are in danger of losing their properties because of “Rent Career Criminals”?
England and Wales to follow flawed Scottish Licensing England and Wales are determined to introduce Landlord Licensing it is simply more a question of when not if- Should not the experience of licencing in Scotland be a lesson in reality,
Landlord faces £1 Million claim from Tenants Guest With regards the claim that the Stairs being Fit for Purpose - This can be argued to be a requirement under Housing Health and Safety Rating Systenm (HHSRS Overview ) This is the measurement of fit for purpose and defines risk of fall to the Tenant or Guest as a category risk see The 29 Hazards HHSRS
Liverpool Landlords FACE Mandatory licensing Hot on the heels of Newham Council introducing the first Landlords License scheme, Liverpool City Council announces the opening of its city-wide Selective Licensing consultation.
Southend Council proposing £400 admin fee for enforcement procedures
Council Tax Discounts for Landlords being abolished Following changes to government legislation, local councils have more flexibility to set council tax levels. This means reductions currently granted for void periods and discounts for unfurnished properties are being abolished
Proposed - EPC for bedsits or barred from letting Wednesday, January 23rd,Alan Whitehead the MP for Southampton Test read his ten minute Bill on energy efficiency in bedsits
Landlord in Hot Water over Gas Safety Dozens of deaths every year in the UK have been caused by unsafe gas appliances, according to HSE inspector Martin Paren, which led to carbon monoxide poisoning. Gas safety checks are mandatory for landlords to ensure that this does not happen.
Green – Is it the Real Deal for Landlords? The Government is spending £2.5 million on a marketing campaign to instruct Landlords that it is very much in their interest to start planning now for the EPC regulations. Landlords are being urged to consider what work may have to be undertaken to make sure that their properties fall within the EPC ratings.
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RELATED ARTICLE Green Deal, which is due to be implemented this autumn. In 2018, rental properties with the two lowest EPC scores are due to be banned from the market, meaning that landlords must have improved them by then.
20k Bill Shock for Landlord- In 2009 Mr Shabir had rented his property in, Croydon, to a tenant he found through Bromley Council and in November last year he was shocked to discover that upon finding no tenant at his property, that the boiler and gas meter had been stolen as well as the copper pipes and cables.
Capping Local Housing Allowance House of Commons gave a second reading to the Welfare Benefits Uprating Bill which caps future increases to Local Housing Allowance rates at one per cent from 2014
TENANTS' HAD A GOOD CHRISTMAS AT YOUR EXPENSE? In January many Landlords experience rent arrears due to the tenants having too much of a good Christmas. Should you be experiencing rent arrears See Tenant in Rent Arrears Guide
Landlord Fined three times the Deposit FOR NOT PROVIDING A LEAFLET -New Case Law
NEW RATES FOR LOCAL HOUSING ALLOWANCE ANNOUNCED FROM APRIL 2013
Will rents in your area be increasing by 7% or 1% see New LHA rates by area click here
Miliband aims to tighten control of Landlords and Letting Agents. Labour leader Ed Miliband is calling for a nationwide regulation of the private rented sector, including landlords as well as letting agents. In his recent 'One Nation' speech, Miliband pushed for greater regulation within the industry, including a national register of landlords, greater transparency and more clarity with regards to "confusing" fees. In his speech to the Fabian Society, Miliband said: Read full article
LAST MINUTE STRESS COMPLETING YOUR TAX RETURN Whilst PIMS cannot provide advice on Tax Issues our Accountants Neil Hooton Accountancy Services - 07568 342752 have produced a guide to help Landlords with their Tax Affairs - click here
FINAL WARNING LANDLORDS WHO FAIL TO DECLARE TAX There is an ongoing HMRC amnesty for Landlords - who are ghosts and want to get back into the Tax system!! It is always better to go to the HMRC before they get to you. Otherwise the penalty regime changed from £100 flat rate penalty to a graduated scheme of £100 from 1 February to 30 April and then thereafter £10 per day but that soon racks up and after 5 months will cost you a hefty £1,200. The good news is that it is capped at £1,200 until the end of the tax year! Information provided by our Accountants Neil Hooton Accountancy Services - 07568 342752
The following Legislation is effective from April 2012. Tenancy Deposit information MUST now be provided within 30 days or be fined and invalidate your right to evict a Tenant
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An EPC must be commissioned before a property can be marketed, it also clarifies that the EPC must actually be issued within 7 days of marketing.
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The age limit of the Single Room Rate (SRR) raised from 25 to 35 years old. This change means some Landlords will see rent reduce by 35%
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Local Housing Allowance(Housing Benefits) will be set in line with the Consumer Prices Index (CPI) instead of the Retail Prices Index (RPI). Review rents
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Small-shared houses or flats occupied by between 3 and 6 unrelated individuals who share basic amenities were reclassified under planning laws from "C3 Dwelling Houses" to "C4 Houses in Multiple Occupation". Depending in which part of the coutry you are you may need Planning Permisison to rent these. See by town
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The Localism Bill has come into being its intent is to devolve greater powers to councils and neighbourhoods and give local communities more control over housing and planning decisions
Ineffecient properties to be banned from the rental sector . The private rented sector already faces the challenges being posed by new-look EPCs, introduced last week, and the Green Deal, which is due to be implemented this autumn. In 2018, rental properties with the two lowest EPC scores are due to be banned from the market, meaning that landlords must have improved them by then.
Evicting tenants just got tougher - changes in court process. The court service have changed the forms used for applying for possession using the Section 21 Notice.
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If you have failed to protected a Deposit within 30 days (no longer 14 days)
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Where the Landlord fails to comply with the Deposit Legislation (1 & 2 above)
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The Deposit MUST be returned to the Tenant in full (or deductions only with Tenants' written consent) OTHERWISE NO Section 21 Noticecan be relied on until the court awards damages being ; return the deposit or and fine not more than three times the value of the deposit.
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A former Tenant will have up to six years after the end of the Tenancy to apply to court and sue the Landlord for the return of the deposit and be awarded compensation of not more than three times the value of the deposit.
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Caution all the Tenant has to do to nullify a claim for possession and seek compensation is claim that they never received the deposit information (see Question 8 of the Tenant Defence Form)
Rent arrears soar as tenants get to grips with record rents. The Rents rose by their fastest rate in a year last month, bouncing up 1.2%, whilst tenants arrears grew by 19.5%.
Yobs to swamp private rented sector Grant Shapps, the Housing Minister is introducing a new Bill to stamp down on anti-social yobs within Social Housing.
If the council evict them or refuse to house them then the only place where they can be re-housed, unless serving a custodial sentence, has to be into the Private Rented Sector or see section Vetting LHA Benefits Tenants
Vast compulsary licencing & purchase of private Landlord Properties by local Council The London Borough of Newham could become the first local authority in the country where every single private landlord and rental property is licensed. They are also considering buying up swathes of private rental property and becoming a landlord itself – has launched a consultation on compulsory borough-wide licensing
Letting to Students can be Golden Students are always portrayed by the Entertainment Industry as a bit of a “feckless bunch”, who are either being slaughtered off by a mad serial killer or partying all nights, however to Landlords they can offer the “Golden Ticket"
Letting Agents - Changes to EPCs are delayed yet again They could have been implemented as early as next week, but are now set to kick in on April 6, 2012. There have been few concessions in the much-delayed changes, but further guidance will be issued before next spring.
Deposit Fine £18,720 overturned in favour of the Landlord A Court of Appeal ruling 19th May 2011 effectively deems tenants cannot make claims against their landlords for three times the deposit at any point once the tenancy is over This should remain intact until such time as the localism billcomes into being, this is likely to introduce new penalties for failing to protect deposits.
Tenants agree rents will be increasing Rightmove’s latest Consumer Confidence Survey finds that nearly half (49%) of current tenants are of the opinion that average rents will be higher 12 months from now.
New Planning Laws for renting to sharers are now being phased in. B
ath, Leeds, Manchester and Oxford are amongst the 22 Councils that have already announced the dates when Landlords will have to a apply for planning permission to rent ANY property to 3 or more sharers. We expect the majority of councils will follow for Landlords will have to pay fees
If the council refuse permission you can be prevented from letting see case story.
A Tenant leaves owing over £4000 what are the Landlords options to recover this money. Under the Statute of Limitations Act you have 6 years to sue for money that you are owed. So even if your Tenant has no money or assets or means at this moment, it does not mean to say that they will not have money within the 6 year time limit! For example they may come into inheritance, marry somebody or get a new job etc.
When is the return of a Deposit deemed as full and final? We review a typical dispute
At the checkout stage, Landlord and Tenant agree deductions for damage to the property. Both parties sign. A week later the Landlord is told they must refund the money to the Deposit scheme. What are the Landlords options?
LHA New rules and lower rents Councils can now make payment direct to the landlord where they consider that it will assist the tenant in securing the tenancy
New guide launched dealing with tenants in rent arrears read more.
4th April 2011 Possession Court Fees Increase
Budget 2011 for Landlords and Property Investors Mileage Allowance Up, Flat conversion relief scrapped after 2012. Corporation Tax will fall by 1% to 20% from April 1
Housing Benefit cut for sharers to take effect early A controversial change to Housing Benefit will be brought in three months early, welfare reform minister Lord Freud said today.
Landlords warning – changing the locks can be an expensive mistake A tenant brings a case for unlawful evictionin addition to paying compensation costs £20,000
Hypocrisy cry over 'level playing field for private landlords' Councils worry paying tenants direct will cause cash flow problems
Squatters' rights to be criminalised? Government plans to change law