Grampa

I agree, in the long run this is a good thing and should have been made law a long time ago. I personally brought a 2 bed flat a couple of years ago that I though as it was it such good all round condition i would have very little work to do to it before renting it out. I instructed a electrical report which I always do when personally purchasing for peace of mind. Guess what: The wiring was dangerous (2 opinions received ) and needed a rewire and new consumer unit. The question is How many other rental properties in the UK have similar faulty wiring and are a accident waiting to happen.

The Torts (Interference with Goods) Act 1977 Where the bailor (tenant) is in breach of an obligation to take delivery of goods or the bailee (landlord) could impose such an obligation by giving notice to the tenant but is unable to trace or communicate with the ten- ant, or the landlord can reasonably expect to be relived of any duty to safeguard the goods on giving notice to the tenant but is unable to trace or communicate with the tenant, then the landlord may impose an obligation on the tenant to take delivery of the goods or give directions as to there delivery. [s12(1)(a) – (c) & (2) Torts (Interference with Goods) Act 1977].

Make sure you document all of the belongings left, ideally with a witness and take numerous photos to counter any possible claim there was a Rolex left there. Ideally notice should given be as laid out in the lodger agreement. Without a written agreement best practice would be a notice period the same as any rental payment period ie: week or month. But if the rent has been defaulted on and hasn't been paid despite promises and extra time given, change the locks and notify them they have no further right to the room/property. Box up the belongings and notify the lodger (in writing/email/text) they have say 10-14 day to collect by appointment only and if you dont hear by xx/xx/xx the items will be disposed of and any cost will be their liability. This may encourage them to enter into some form of dialog and collect the items. However, I would suggest you hold onto to the items a bit longer to be on the safe side say 3 months.

Having had a few years of dealing with both ends of the tenant spectrum once you have done your normal weeding out at the referencing stage I would say it is fairly equal the amount of problems/work you would get from either working or non-working tenants. But the problems can different. Working/professional tenants are more likely to be more needy during the tenancy (the more powerful the job they are in the more issues raised) and take up time then but benefit tenants can be more labour intensive at the end of tenancies. Rent collection is another issue and that needs more managing with benefit tenants (only some) I will always steer clear of a potential tenant if they show difficult tendencies at referencing stage.

This will not be cheap. We manage the water supply for 11 bunglelows on a small estate. The builders in their wisdom when they were built only provided one supply therefore only one bill that has to be split 11 ways and the funds collected from the owners. It has been investigated a couple of times over the years for the owners to have their own supply and meter but was very costly per property. (I cant remember the figure)

Baa Baa

Where I foresee judges being even more reluctant to evict, taking G's to court I guess would remain the same and maybe the route to go down to recover rent arrears/damages. It doesnt help getting the tenant out though unless the G gets so fed up he does it himself in more of a persuasive manner than we could.😀

It is now a very good argument for having them in place now, where previously we could work without most of the time. Whats the betting RGI premiums will now increase with major changes to the T&C's within and a higher % or properties requiring a guarantor??

As the ban on evictions comes to an end this month, letting agents are being warned to prepare for changes to the repossession process – including a new pre-action protocol, a temporarily extended notice period and potentially longer waiting times for court hearings. Evictions have been banned since mid-March to protect renters who have been financially affected by COVID-19. The ban was originally set to last for three months, but was extended for a further two in June. From August 24, courts will start to hear rental property repossession cases again. The government is also creating temporary ‘Nightingale Courts’ to deal with the backlog of cases. How will evictions be different? The impact of COVID-19 and the subsequent evictions ban means that the process of repossessing a property through the courts will be somewhat different. For example, if a landlord’s possession claim relates to rent arrears or non-payment of rent, they will need to provide information on the renter’s financial circumstances and the effect the pandemic has had on them. (REALLY?????) If the information is not provided or is deemed inadequate by the courts, they will have the option of adjourning the case. (JUST GREAT) Landlords issuing a notice for eviction will also be required to provide tenants with three months’ notice until September 30. “Following a five-month hiatus, evicting a tenant through the courts may take longer than usual once the ban is lifted,” says Neil Cobbold, Chief Sales Officer at PayProp. “The government’s new measures suggest that it wants to limit evictions pursued solely due to COVID-19 arrears. It has also been made clear that the courts will prioritise cases of extreme arrears accrued before lockdown, and cases of anti-social behaviour and domestic violence.” “It’s vital that agencies communicate the changing situation to landlords so they can assess their options carefully as the ban is lifted,” he says. Will COVID-19 fuel an evictions boom? There has been speculation from some politicians and housing groups that lifting the ban on evictions will lead to a spike in COVID-19-related repossessions. However, research from the National Residential Landlords Association (NRLA) suggests this may not be the case. A survey of more than 2,000 tenants found that over 95% are paying rent in full or have agreed with their landlord to reduce or defer payments. The research also found that less than a third of renters in arrears, equal to around 2% of the entire sample, have been served with an eviction notice. “The majority of tenants have been able to pay rent in full during the pandemic and those that haven’t are likely to have made alternative arrangements with their landlord,” says Cobbold. “Although there will be many new claims and a significant backlog of eviction cases to be heard when the ban ends, the number related to COVID-19 arrears may not be as high as anticipated.” Agents can help landlords to manage arrears effectively Cobbold adds that unless landlords are affected by a significant long-term buildup of arrears, or instances of domestic violence and anti-social behaviour, they should only consider legal action as a last resort. (AND WE DONT NOW????) “If landlords want to deal with tenants who have recently fallen into arrears, there are more effective ways than going through the courts. (I WOULD LIKE TO KNOW WHAT) Letting agents can help them to pursue these options,” he says. “Agencies can help landlords and tenants to manage rent arrears through affordable repayment plans, digitally recording all payments and automating arrears chasing.” (WHAT? WE DONT DO THAT ALREADY?) “This also allows agents to maintain a clear paper trail in the event that the landlord does want to pursue an eviction in the future,” he explains. (AND OF COURSE WE DONT DO THAT NOW) “Ultimately, strong and effective communication with tenants can help to reduce the impact of rent arrears before they become a serious issue.” “Agents that take this approach can help landlords to manage arrears and recoup unpaid rent while sustaining the tenancy instead of pursuing an eviction through a long and potentially expensive court process, ANOTHER NAIL IN THE COFFIN FOR THE LETTING INDUSTRY. Though the industry will survive and evolve I can only see it going in one direction long term. Rant over.

If a property is suitable for pets I see no reason not to allow them however the landlord has the final say. You just treat any issues that arise in the same manner as if if was a person ie: damage, noise unsociable behaviour etc. But anyone agreeing to a pet make sure you formalise and detail the pet allowed because a casual agreement allowing a jack Russell can easily or a suddenly become 3 Great Danes 6 months later. Or if a pet dies the tenant will automatically thinks its ok to replace without asking permission.

If the check-in/inventory and check-out clearly highlight differences and you have the inventory signed by the tenant there is no reason why you cant claim a deduction from the tenants deposit however they have the right to dispute it. We find the best way to deal with this is to first inform the tenant there are some issues to make good and explain you have instructed a cleaner to visit and a someone else to replace the bulb and battery and the cost will be deducted from there deposit. As long as you have your facts clear and some before and after photos you can send if requested by the tenant plus sensible costs for rectifying there is a good chance just they will just be ok about it. But any overinflated invoices with sneaked in extras which a lot of landlords (and some agents) try to add will just cause a headache in the long run. Deposit deductions if managed and communicated well can normally be a easy process but there can be exceptions to the rule.

Horses for courses. I dont think there is a right or wrong way with this issue its personal choice but as you become so cynical in this industry I just assume I would then get inundated with unnecessary requests thereafter if the landlord/agent deals with..

We as a agent would treat it differently. We class it the same as any pest or infestation. If it occurs during the tenancy and not caused by a breach of the landlords repairing obligation or structural defect and was not there at the start of the tenancy it is the tenants responsibility to resolve. Otherwise where do you draw the line? If you had a red ants infestation in the garden or field mice would you also swallow the cost of that also? Our tenancies do also allow for this which you would need. Though I do acknowledge sometimes for the sake of good tenant/landlord relations it may be prudent for the landlord to deal with.

I agree with RL. Any tenant who asks for a 2 year tenancy at the start would ring alarm bells. There is a possibility it is a genuine request but it would be foolish to grant it to a new unknown tenant. Just say your policy is to only grant a 6 month tenancy first and you will consider granting a longer one after that. I find most tenants are happy to accept that.

Will all installations have to comply with the 18th edition, even if they were installed before this edition was in force? The Regulations state that a landlord must ensure that electrical safety standards are met, and that investigative or remedial work is carried out if the report requires this. The electrical installation should be safe for continued use. In practice, if the report does not require investigative or remedial work, the landlord will not be required to carry out any further work. Reports can also recommend improvement, in addition to requiring remedial work. If a report only recommends improvement but does not require any further investigative or remedial work to be carried out – indicated with a ‘C3’ classification code – then while it would be good practice to carry out this work, it would not be required to comply with the Regulations.

Well although at first the regulation appears to state consumer unit needs to be brought up to 18th Edition. The government brought out an amendment/further guidance stating words to the effect that if you had a 17th Edition consumer unit it was be acceptable. I cant find the link to it at the moment but as soon as I do I will post it here.

https://www.lawcom.gov.uk/millions-of-leaseholders-to-benefit-from-law-commission-reforms/

Get your own quote to rectify and make safe. Then put the council on notice if it is not rectified by them by xx days you will be instructing solicitors to recover all costs and lost rent. Requesting details of their complaints procedure also focuses the mind of companies/LA etc due to the amount of work it generates to reply/defend. Add that you are considering requesting for all data and copies of correspondence relating to you in paper form not electronic which is your right if this is not resolved can also put the pressure on due to the time it takes. I did this recently with a large firm of solicitors who where trying to charge an extortionate fee for a late payment of service charges. They couldn't drop me fast enough to come to a resolution.

But if your tenants are NHS workers surely they have been working throughout the lock down and likely to also have pulled in a lot of overtime. Or am I missing something???

Ah but will they later bring the same to England?

The property sales market has gone mad. I haven’t seen anything like it for years. Numerous valuation requests, properties being sold within 24hrs or even before going live with one phone call. More offers than usual for the full asking price. We even sold a property for 25k over the asking price with a bun fight between buyers competing and upping their offers and this was after competing with 2 other local agents to get the instruction in the first place and our valuation was still 30k higher than the other two. The big question is --- How long will it last??????

Opps, I predict a mass exodus of landlords in Wales. Today (23 July 2020), Julie James MS, Minister for Housing and Local Government of the Welsh Government has announced new rules which will require six months notice to be given to tenants in Wales from tomorrow (24 July 2020).

With your leaseholders hat on you are legally entitled to see copies of receipts for works which may give you more information of the scope of works the contractors are contracted to do. You may even be able to call them direct for further information once you know who they are but there is no guarentee they will give any info to you. Any works that cost more than £250 per unit should only be done if the section 20 process is followed which has certain timescales and 3 (i think) quotes obtained but also giving the option of the leaseholder to suggest their own contractor to tender. Take a look at this website which is for leaseholders. https://www.lease-advice.org/

Well my understanding of the law is unless there is a ruling in the high court which this doesn’t appear to be or an act of parliament so it’s written into statute this is just a decision at local level for this case only.

The tenant still has to pass any affordability check. So if the rent is higher than the HB rates that would be a reason to refuse in the same way if a working tenant income was too low. Also I guess if you can prove the lender doesn’t allow that not you refusing but your lender/insurance company etc. I’m personally not too bothered with the ruling even with my no HB properties, there is always a work around.