Grampa

Well I am feeling fairly optimistic and wouldn't be surprised if the housing market goes mad with a flood of properties coming up for sale. All the current ones for sale, venders who had already made the decision to sell this year, landlords who have got into recent difficulties, marital break-ups due to current situation and all the properties that have to be sold due to normal deaths in the last few months piling up and sadly the ones because of the virus.

Cant say what will happened to prices but expect them to take a little tumble and if you have a wad  of cash burning a hole in your pocket there could be some bargains out there to be had.

But then again I could be miles off the mark.

Bognor, Portsmouth, Havant, have some lower priced property but for 120k you would get a nice one bed flats possibly with the share of the FH and a rental of 550-650 pcm. Throw another 30-40k at it and you are looking at a nice 2 bed generating 700-775ish. 

3 bed houses start out at about 185k+ wont be the nicest of properties  but would rent out all day long at 875+

wow

Technically he could put in a claim for the non-use of one bedroom but that would mean the room is empty and not being used for anything.

If you were to accept his claim for a deduction make sure it is a sensible amount. Do your own research and find out what similar one bed properties in the same area rent for and use a average of those figures which I would guess is a lot lot less than a 30% reduction he is demanding and if the room is being used for storage of any kind with his belongings in that figure is reduced further. 

Write to the council with details and photos of the works that are required and give them a sensible timescale to fix but also add if the works are not completed by xx/xx/xx you will instruct your own contractor and deduct the cost from the next service charge demand without further notice.

Never a good idea to rent to solicitors but trainee solicitors are worst. 

I'm already planning ahead for promotions when the lock down ends.

We have had a very good last 6 months and with the help from the government for staff wages and grant payments I am not too concerned at the moment. We have a strong letting portfolio with a lot of rents paid directly from the council.  So touch wood I think we can weather the storm for the next few months without much change 5-6 months time i may have to have a re think and tighten my belt. 

On 3/23/2020 at 7:04 AM, Richlist said:

This virus is gonna cause problems in virtually every area of renting and letting with.......However, there are some work around some more practical  than others.

* Regular 3 monthly inspections....Our inspection software  have adapted it so tenants can do their own inspection . (YES I KNOW)

* Accompanied viewings........GOV.UK. states: "If moving is unavoidable for contractual reasons & the parties are unable to reach an agreement to delay, people must follow advice on staying away from others to minimize the spread of the virus" 

* Maintenance and repairs......Ministry of Housing states: "where reasonable, safe for you & in line with other Gov guidance, we recomend that you allow local authorities, landlords or contractors access to your property in order to inspect or remedy urgent health and safety issues"  and " inspectors or maintenance workers can still visit blocks of flats & properties for essential or urgent work"

* Sales market will almost disappear.......Government has advised against home moves wherever possible

* Air bnb is dead in the water..... I agree

* Estate and letting agents will close....... Not so, Guidance for employers & businesses on Coronavirus states :- businesses & workplaces should encourage their employees to work at home, wherever possible"  and "we are not asking any other businesses to close - indeed it is important for business to carry on"  and "Estate Agents should not open branches to the public"  which means we could all go to work but not open the doors to the public

* Court cases will be seriously delayed.....I agree

* Bailiff and Council services will be non existant..... Yet to be seen

etc etc.

........and far more important my various planned trips to Spain this year ain't gonna happen.

I know I have cherry picked bits of guidance that could suit my needs. However, I have sent all staff home working remotely with all incoming office calls diverted to mobiles via a app with the ability to transfer between each other. Not ideal but were getting by at present. Its the sales only agents who will suffer the most.

RL I've already have my trip to Spain this year and only just managed to get out after our ferry from Sandander was cancelled. We were told (wrongly) the border was to be closed 8am the next morning in both directions (Iin fact only one direction) and a country wide lock down and ban on travel/roads. So at 2.15pm we made a mad dash for the border stopping only for 4 fuel stops and finally stopped in a french Aire 14 hours later.(4am). Good job I didnt have a tachograph.  The roads was deserted and like something out of a mad max film. 

Three hours sleep later and what will though would be a leisurely drive through France to the C Tunnel. Then the lock down was announced in France for 12 noon 2 days time so another mad dash to the tunnel and got there 12.30. 

I will certainly remember my first motorhome trip aboard. 😀

9 hours ago, BG0612 said:

It's the two hat role thats creating the problem. As a leaseholder he can decide for himself to pay for works to the internal parts of my flat he is responsible for. But for the communal parts, his decision making powers are not his to make alone or to filter through to one freeholder who has an interest in the entire property and everyone in it collectively. The problem is that other owner occupiers he votes with on freeholder matters, via this shared freeholder company, can now technically hold him to ransom to refuse to vote with him on works he wants to do that don't affect them but they must share payment for, or dilute his obligations to me to carry out other 'freeholder' responsibility essential maintenance tasks to my flat that, if not done properly, could impinge on his legal obligation to uphold the quiet and peaceful enjoyment of my flat.

There is a direct conflict of interest.  He may actually want to carry out works to my flat but now he must put it to a vote and others must agree to share in the cost. That is the issue. 

But your argument is, what if this, what if that, he may want to do this , he may want to do that. A lot of what ifs and may want to's.

Well as these issues havent happened yet you dont know if i will be a issue. Therefore I go back to my  earlier point that you are overthinking it at this stage.

It is in the benefit  and interest of a freehold company to maintain the fabric of the building  and fulfill their legal obligations . In my experience freeholders are sensible and pragmatic  in looking after their financial interests.  

If he doesn't  fulfill his landlord legal obligations speak to environment health and the housing dept at your local council but they wont want to spend any time on a lot of what if scenarios.

I would suggest you take paid legal advise. You have probably heard about the 3 month eviction ban  due the corona crisis . As we are still waiting on the actual legislation we dont know if the ban at this stage also applies to serving notices or the actual eviction date. 

I guess you have nothing to lose by serving notice now, just keep an eye on the legislation when it comes out in case you have to serve the notice again.

A good section 8 notice should have all the ground listed in full.

https://www.legalforlandlords.co.uk/section-8-grounds-for-eviction/

I think you are over thinking this with a limited knowledge.

Generally speaking the freeholders working collectively as a group will be limited to what they can do from what is stated in the individual leases and statute law.

Your landlord who is also a part owner of the freehold has 2 hats to wear. One as a landlord to you and all the obligations that go with that which should be explained in your tenancy agreement which covers your demised area and any rights of access. Read your tenancy carefully to check your landlord is complying with his obligations.

Regarding Scenario 1 & 2 they haven't happened yet so it is not relevant at this stage. If there was a problem with the windows that caused a security issue your landlord has a legal responsibility to fix/resolve asap regardless of the freehold. If he didnt you would be within your rights to write to him informing him you would be instructing your own contractors to do a temporarily repair on xx/xx/xx date unless it is done and you will deduct the cost from your rent payments.

Anything cosmetic such as decoration generally isn't covered as legal obligation of a landlord to his tenant. 

"Recognising the additional pressures the virus may put on landlords, we have confirmed that the three month mortgage payment holiday announced yesterday will be extended to landlords whose tenants are experiencing financial difficulties due to coronavirus. This will alleviate the pressure on landlords, who will be concerned about meeting mortgage payments themselves, and will mean no unnecessary pressure is put on their tenants as a result."

https://www.gov.uk/government/news/complete-ban-on-evictions-and-additional-protection-for-renters

Not sure if this includes landlords whose rental properties are within a Limited Company.

Apparently to work against the virus the hand sanitizer has to have a alcohol content of at least 60%. 

Any way there is some cracking prices on cruise holidays at the moment. Book one up for next year and just pay the minimum deposit for now. Worth a punt for 1-2 hundred quid now. 

If you may an offer do it in writing and make sure it states at the top “without Prejudice” which means you are not admitting to anything.

Why would you want to use something that is free to protect an asset that is worth many 100’s of thousands and an investment?

Thinking of doing this myself to earn a couple of extra quid

Never rush or be rushed. If you have only 2 applicants and it’s been advertised for some time you need to ask yourself why. Is it overpriced, how does it compare in prices to other similar properties in the area and what condition is the decor? I always rent my properties a little underpriced to get as many applicants as possible so I am not pushed into letting to the best of a bad bunch. Renting a property £20-£30 cheaper per month but finding a tenant ASAP is better than it being empty for a extra month or 2

Lots of people threaten legal action but until you get the first letters before action from the solicitors it is still just a threat.  I would try to come to a compromise. Just because she has pictures of bites dated earlier there is no evidence where she got them and you could argue that it proves she brought them with her from somewhere. You could threaten to counterclaim for the costs of the pest man  and potential lost rent and replacement furniture. 

Rent4sure do both insurance and refs.

I agree with Melboy. Contact the environmental officer at your local council. The contact details can normally be found on the council website. They will likely come out with their damp meters etc and then contact your landlord with a list of jobs to do to rectify the problem. The downside for the landlord is once these wheels are in motion they cant kick out the tenant and could be liable for large fines if not complied with.

Just make sure when the council come out your windows are cracked open a little, the heating is on and absolutely no clothes drying in the property.

I understand for certain insurances you need to do this and if so try Rent4Sure who can do the ref checks and also offer a rental insurance policy if the tenants passes the criteria.

However, as a agent I have never taken used these affordability calculations. We base our decision on good old references, bank statements, wage slips, previous landlord refs and a very detailed application form.

Bank statements tell you a lot about a tenant and how they manage their finances. For a start if the tenants have rented previously what was the rent  amount and was it paid on time which can be  cross referenced against bank statements and payment dates. Are they living within their means or regularly going overdrawn?  That alone will give you a good starting point to judge a tenant.

Remember if something doesn't sound right during referencing it likely isn't right and if a tenant tries to push you at a pace you are not happy with there is normally a good reason for that and that isn't  normally good for the landlord.

On 1/31/2020 at 1:15 PM, Carryon Regardless said:

 

Time ter fill me nappy. I've one house where mummy and daddy breed like rabbits and have 4 lovely kiddies. An occupation of 6 'seems' to put this in the catagory of HMO. £20k fine for not being licenced. Not that I would want to but I can't even evict until licenced. The cost of works to upgrade would be scary, doing this with family in situ wouldn't be practical.

 

 

 

Well, if you have to rent properties in a country that doesn't have tv, and electricity is the work of the devil  the tenants have to occupy their time somehow to keep warm.😀

I wouldn't worry too much about it. Unless the rules have changed it only applies if you store/process info electronically so if all you info etc is in paper form it doesnt apply.

I tried to report a agent to the  ICO (Data Commissioner) who wasn't registered a couple of years ago . Their response was to ask if their  (the agents) data was held  electronically which I replied it obviously was as they advertised on RM  had a website, email address etc. Well unless I could prove  they had data in electronic form they were not interested in looking into it or either phoning them up to ask the question . 

The only way to officially end the tenancy is as Mortitia states get the tenant to sign a deed of surrender or obtain a court order.

However, this is not always practical and the question to ask is - not, have the tenants moved out but are they likely to return?.

I have taken back possession of a number of properties without a court order and so far without any come back. The bottom line is, if the tenant comes back and cant get back in that is an illegal eviction that is a criminal offence and a large fine.  But if I'm fairly confident they have no intention to return I first serve a s8 & s21 and then try to mitigate any potential penalty by taking the following reasonable steps to establish the tenant has moved out:

• Stick an abandonment notice on the front door stating we believe the property has been abandoned and therefore will be taking steps to take possession of the property in 7 days and change the locks. If the property hasn't been abandoned please call xxxxxxxxx before xx/xx/xx
• Text the same wording to the mobile phone of the tenant
• email the above wording to the tenant.
• Speak to the neighbours and ask when they saw the tenant last and if they has any info on them moving out. (take notes of persons conversation etc)
• Do the same again but with the local council.
• Take lots of pictures when you go in in of debt on meters, post on door step, rotton food, empty areas (which implies they vacated). 
• Write to the tenant (at the tenancy address)explaining you believe they have vacated and you will be taking steps to take possession of the property in 7 days and change the locks. If the property hasn't been abandoned please call xxxxxxxxx before xx/xx/xx. You do this on the basis that a sensible person redirects their mail when they move but we know its unlikely in this case.
• Write to the next on kin address you should have on file in the application form they should have filled out at the beginning of the tenancy.

If the tenant comes back you must let them back in and get a court order (remember you have already served the s21 and s8). If you didn't let them in you have to ask yourself is this person going to take me to court? If he does you will have hopefully mitigated any penalty by doing the above.

I am a big fan of trying to head off a potential problem before it begins, so if you do have some documentation/letters not only does that mitigate any potential penalty (if you were found at fault in a court case) you will also have something to show to police or the council if they turn up or get involved.  

In my experience there is a higher risk of foreign national tenants trying to get litigious over tenancy issues than UK tenants.

But hey ho we all have our own levels of risk we are prepared to take.

Regardless of the legalities of their status they are of the view they are tenants with the protection of the housing Act. They may well be lodgers but if you treat them as such you could very likely end up in court and even if you win it will cost you time and money.  

So ideally you need to throw weight to your argument that they are lodgers so a letter from a housing solicitor confirming the status may change their mind. You could also get one from a friendly letting agent as well. This may be enough to change their point of view or at least not pursue the point if you chuck them out . 

Well, by law you are not allowed to resell electricity at a profit. Otherwise I would  guess that makes you technically  a utility provider and you would need licences and all sorts. . This issue comes up now and again in rented properties which still have coin/card meters operated/emptied by the landlord typically in a property above a shop when the single supply is for the shop and also flat above. The landlord trys to be clever and set the rate at higher than he is paying for it. 

But for the property mentioned at the start of this thread the idea was to just set the rent higher.