Carryon Regardless

R Llewelyn, formerly known as Prince. But don't call me Gelert as I have Scottish ancestry. So call me Willy Wally if you like, as my make my bid for freedom, from Wales.

RL I don't know how much of this is the politics of jealousy, it is socialist btw. There is anti English sentiment that goes back a long, long time, and in fairness some resentment is justified. I'm not sure just how relevant it is today though, or how beneficial it might be. I suspect not really on both counts. The Welsh Parliament have been more stringent with their Covid responses generally. Last month Drakeford was calling Westminster for not providing enough Covid assistance, financially. But Wales are creating their own laws, for Covid as well as other. Wales have the power to create their own taxes, they have and are increasing taxation here and there. But when they add additional detrimental loading to their delicate economy it's England's fault for not subsidising their policies. I believe the Tory strategy is to give devolved Gov't's enough rope, and watch 'em swinging. Meanwhile they suffer. Ultimately Westminster will have to bail out the result/s.

For business reasons I feel the need to repossess a house in Prestatyn. I'm selling. Due to Covid I've been aware of the need to serve 6 months notice, this was due to expire on 31st December but has been extended, again, till the end of Welsh Covid legislation on 24th March 2022. In effect serving 6 months notice now would be pointless as serving 2 months (but might be 3, more checking required) come March would allow earlier progression to court. Trying to source the correct information on this is more difficult than even I would have thought. Of course Shelter would be happy to correct any error come court day. I do need to tell the court how my repossession might affect the tenants. I guess I should ask them, unless this requirement disappears in March. So I intend to repeat the act of providing information at the time of serving a S21 notice. This is to hopefully remove such claims of the tenants not having received the EPC (4 pages), Gas Cert, Electrical Inspection (8 pages), How to Rent booklet. I think I'll keep the Landlords Licence (for Wales) to myself as if Shelter can't find me on a register I can take a copy along if required. I'm feeling it more likely I will be summoned to court to explain my actions and for them to attempt to negotiate a reprieve for the tenants. Come June the 6 months notice becomes a new law in Wales, oh joy.

An update. I sent a letter dated 22nd December to Denbighshire HB. No response from them but rather than the usual £320 per 4 weeks I only got £275. This i can see from their clumsy website, that details payments made. The letter didn't detail the legislation or refer to the court case, I merely pointed out that I couldn't have known of the discrepancy and requested them to review their decision. Looking now I see a letter generated, available on the website but not received via post. This dated 7th January apologises for the delay and confirms I am not expected to make the refund of over payment. Apparently an invoice has been sent to my tenant. So the tenant now has a small arrear on his account with me, in truth I can live with that as I'm used to far worse. So a little drama that didn't become another crisis after all. Cheers Grampa your info is good ammunition and saved for the future.

More simple in calculations are your CGT personal allowance. Approx £12.5k p.a. If you're married you can manipulate to double that. Most costs pre rental are allowable. Same applies to post rental costs. So if considering up grades that may be better post rental. In you case this seems more complicated. Some improvements during rental can be a CGT allowance. Re investment allowance was removed years ago. A shame really as I would

I would have to guess on this. Maybe best return for investment, so rent over value. Maybe potential for equity growth, so a journalist with a crystal ball, or maybe he has two clanging together. I can state it isn't based on the best place to be a charitable LL, running the business for the benefit of T's and Gov't, as that would be Wales.

There's something factual in that list. Not nowt in Wales. We might've expected Cardiff, Swansea or even Monmouthshire to get a look in all things being equal. But they're not.

I've found the suggestions for improvements, that might include under floor insulation on concrete floors and wind turbines at the rear of a terraced house tom be dream land suggestions. Grampa I recall you weren't keen on the style of the chap that carried out my EPC's, but here he might have useful suggestions on how to improve the rating. I can't remember are previous EPC's held on record anywhere, or like the EICR's are previous inspections binned never to be seen again? My personal view is that with the ongoing onslaught to destroy our business feasibility some balance is needed. Btw, I've returned from a weeks skiing to find Wales are at my throat again, the Retard Assembly that is.At least I've been informed of the impending measures this time, unusual as it is for them to have any organisation.

Mel thanks for the late Xmas pressy, I'll consume some more when I've more time. On the bright & possibly over optimistic side, while we do have expected challenge ahead, there is a gentle realisation that we have been suffering continual legislative abuse. Just maybe the buggers will leave us alone some. Meanwhile Guinness is on discount at 'Spoons, things could be worse. Happy New Year you all.

Thanks, again, Grampa. I have previously had decisions reversed by writing with such statements as I couldn't have been aware of any discrepancy / misrepresented info. Possibly 'they' try on the attempt in full knowledge that it isn't correct according to that case you've linked. Specifically it seems to be stated in 5. of the judgement that Section 71 (3) (1) of the 1992 act does as you say mean they should recover from the tenant. A couple of possible get outs though. a) we accept the payments on the understanding they can be recovered. b) will Welsh law still apply to this judgement? Their devolution and power to create new laws has made a few legal situations more complicated. I drafted a letter to them yesterday. They wouldn't get it before Xmas anyway so I intend to return to it and consider further. I'm still unsure as to if i should cite the specifics of the judgement, or keep it simple with the effective statement "I couldn't have known". Good stuff, it must have taken some finding so very much appreciated.

I'm led to believe that HB has been absorbed into Universal Credit, but seemingly not everywhere. Denbighshire informed me, by snail mail, this morning that HB for a tenant is being stopped. This is for the period of 8th October '2018' through to 3rd June '2019'. The benefits orifice now intend to recover the £2,720 from me, of course, as I receive the HB direct. Talking to the guarantor, as I suggested it be in their interest to raise a query with volume, the tenant applied for Open University way back and HB believe he got some dosh, that apparently he didn't get. I'm not getting involved with such arguments, but being full of Xmas spirit hinted that there is a responsible person that isn't me. It has occurred to me that there is an extra complication nowadays with the advent of Universal Credit, in that if we make claim for the housing element they have to use more fingers than they have, even in rural Wales, to calculate it. Since Guinness is still being discounted at 'Spoons things 'aint all bad. Although I am surprised that the eu haven't turned those taps off.

Thing is Melboy, Maash is likely to learn that the ex T has nowt, so it's the blood from a stone scenario. Then the satisfaction of a CCJ may just be another on a long list the ex T already has. The issue there is there is 'some' further expense, there is further effort required, there may well be a court attendance. The satisfaction may not feel worth it after all that.

Really a tradesman is at risk by carrying out work for a solicitor. If he raises an invoice for £100 and the solicitor can demonstrate the charge is £1 too high, and then charges a nominal 15 minutes for demonstrating that, then the tradesman might be billed £26 by the solicitor for his outstanding portion of 15 minutes at £500 p.h.

There are a couple of threads where this might seem relevant, but I'll put it here for consideration. https://propertyindustryeye.com/government-urged-to-do-more-to-stop-btl-landlords-leaving-the-sector/

Anyway the quote for floor coverings so far is well in excess of the deposit. I'll get another quote but it may be I'm out of touch with costs. That isn't unusual, especially in these days of hi inflation.

Nowt wrong with pointers RL, thanks. I believe there is a mindset of disclaimers and over protection. Legislation forces us to do much, far too much in my view. I try to minimise, reduce admin, and where possible my responsibility. Give 'em a couple of pieces of paper they 'might' read. Often it gets filed and as I will not see any again I can only guess where. If I side step the deposit there is no need to administrate it, provide prescribed info they will not read until there is suggestion I was wrong and they can claim. Then Google is their friend anyway. Some years back I created Tenancy Packs. It includes the AST, Grampa's Deed of Guarantee, EPC, Gas Cert, Reporting of Faults sheet,Notice of Tenancy Termination. We both sign the front sheet to say they got that lot, and agree meter readings, now they have utility supplier details and Council Tax contact, number of keys. It details smoke and CO2 detectors and agrees tested. Email address for the How to Rent idiots guide. Rental Statements can be added as desired. I've yet the address inclusion, or evidence, of the EICR. This I need to repeat 9 months after the previous inspection. Following sign up, with an independent non related witness present, (self, tenant and G'tor all take copies away), I shall provide the 1st statement to show payments received and expected next payment. That gets a pre filled S.O. for them to present to their bank, if they feel like it. I can no longer expect any payment toward any of that, including credit and reference checks. If specifically included within the AST I may charge at a rate of about £6.50 per £1.000 of arrears(p.a. or pcm I can't be arsed remembering) for late payments exceeding 14 days. They lose their keys I may only charge for the actual cost of the lock, if specifically within the you know. I don't see we are able to factor in locksmith costs. I appreciate there are varying styles of renting, I used to enjoy fitting nice things to the properties myself. In some ways it was attempting to design a better way of living to tenants. Now, white goods no, hoovers and mowers not a chance. If I can legally shift some effort to the tenant it makes sense.

Thanks Grampa, I think you missed the bit where the tenant has rent and deposit waiting. I am actually offered more as an upfront payment than I would normally request. A carpet fitter was due last Friday, but no show. There is one measuring up today, hopefully. As seems to be common for some reason post lockdown trades are at a premium picking and choosing jobs and costing us more. I view that if the tenant deals with the carpet situation,and pays, then there is some ownership and potentially more pride in the property. I do normally provide carpets and have seen lack of respect for them from day 1. My hope is that this will be the last tenant, of mine, in this property. To encourage continued tenure I am allowing rent at a knock down price. Essentially in 5 years when the mortgage ends I aim to cash it in. After 5 years the choice is to renovate as needed, again, or dispose as is. I intended to sell this one when renovated (nearly complete hence carpets), but with the Welsh clowns programming their 200% surcharge I'm thinking to reduce my Welsh exposure first. I have one mt there also. What is / are our minimum requirements of a property that we rent on an AST? Could we, for example, create another type of agreement that allows us to rent a bare shell for instance, that one I doubt but interesting non the less? My googling has so far produced many pages of dross.

Something I haven't had to consider previously but I am now. Aside from smoke detectors, annual gas inspection, electrical condition report, EPC, Keys, equipment instructions, How To Rent Guide, contact details, payment schedule, other I may have forgotten, I am considering what is our minimum requirement when providing a rental property. My thinking is that we must provide adequate sanitation, working bathroom / kitchen, property must be safe and secure. Beyond that is there more? I've a tenant in waiting, in England. There is cash ready for up front rent and deposit. I am considering citing in the AST that the tenant shall provide own floor coverings and I take a deposit of Nil. Is there an issue with that that I can't see? I take a deposit, I give it the carpet fitter, I don't see it again as officially carpets have such a fast depreciation in our industry anyway. I don't take the deposit, tenant pays for own floor coverings and the result is the same to my mind. Meanwhile I'm not waiting for a carpet fitter to do his stuff, she is signed up faster.

If they are able they could manage that mass exodus threat. Simply by extending notice periods, restricting court availability the repossessions would be deferred. As houses become disposed of they just transfer occupants. They are still lived in. So the aim imo would be to prevent the cliff edge and create a ripple effect over a greater time period. Transfer to private ownership has social advantage, until other factors might create private owners to be less able to maintain affordability. There must be a reduction in house values, how much time 'll tell.While that can make them more affordable I view it would also be a cause for investments to be redirected. Cheaper housing would again attract 'some' investors. But we've only to look at cheaper areas to see poorer social situations, and all the lower standards that brings with it. Wales, or significant parts of it, becomes more depressed than it already is. Social issues increase. The Welsh Retard Assembly blame Westminster for lack of funding. Apparently the Barnett Formula is already unfair as it gives Scotland more £ per head than they. Even though they are on a par with England.

RL that is one point I've considered. Negative effects to their tourism is v dangerous. But this could destroy their / my property values should it encourage a significant exodus from Wales. Then the consideration, as you say, of this causing investment to be redirected. Lost confidence would take some years to return. On the 2nd 'whatever' front, my initial reaction was that this will get caravan owners ++. My sister and hubby bought a caravan near Porthmadog a while back. Because it's to be mt 2 months a year it isn't classed as residential. The site must close. This 'initiative', still in design methinks, is based around Council Tax. Their caravan attracts less than £200 p.a. tax, so as she says "this isn't a decision changer". Strangely my liddle ole yacht in Beaumaris on a dry mooring costs more for the 7 months it's tied to it. I decided to sell that and reduce my Welsh exposure a while back. Cottages, and 'residential' type holiday lets of various sorts would seemingly attract the higher % surcharge. If I understand the so far agreement between Welsh Labour and Plaid Cymru outstanding mortgages shall be an allowance against full tax. That begs the questions of how an initial value is arrived at, what evidence is required to demonstrate allowable sorts of outstanding loans, and the efficiency of the administration involved. For those with total ownership the 'possible' 200% would reduce profits to a level where a business becomes unattractive if even still feasible. I view this as largely anti English and definitely anti capitalist.

Sorry strange things are happening with link. https://uk.yahoo.com/finance/news/landlords-face-punishing-costs-under-105833673.html this may work better.

Some, if not the majority, will be unaware that Wales now has some different laws. Here I / we only have interest in those that aply to proprty, in in truth most don't have concern about those. For those that do have interest. Income tax is now set separately, but so far remains the same as England and N.I. Their stamp duty is renamed Land Transfer Tax, but remains as ours so far, I believe. Wales now proposes a Wealth Tax, to refund covid costs. In general the English may not care, but if you view that Westminster might use these strategies as a learning opportunity to dismiss, amend or adopt such we might have a care. The latest innovation is v interesting to me, Landlords face punishing new costs under property wealth tax plan.url any thoughts also interesting.

Personal view. If I were to inherit enough to buy so many properties, and there will be additional pre revenue costs, I would use it as a draw down fund. The mind set that we should continually become a greater financial entity is upset more and more by the lack of reliability regarding our forecasting of the future. Our Gov't, and no doubt other Gov't's, make it more impossible to understand our responsibilities going forward. They increase our risks and reduce our rewards. The risks of being unable to shed our responsibilities while working for little or no reward becomes greater. As said though, I can't see a better investment. But I have limited vision and restricted opportunity to look elsewhere.

V true RL, if they aren't in receipt of benefit a LL can't claim it. My point is that a letter to HB just might gain a result. My letters to HB have been sent as a default, and I prefer not to waste my time on the phone to any benefit agencies and the like. T's have often cited issues with their benefits as a reason for non payment. I've learned not to get involved. It's for them and the G'tors to resolve such, I still want the rent payments regardless. We accept payments on their behalf that doesn't make us responsible for resolving issues that the agency would be reluctant to talk to us about anyway.

I would take legal advice as to how to pass the effects of the claim to the Agent. A similar situation with a local and larger LL than I defended the case that Shelter took on for his ex tenant. They won and there was a £16k bill for Shelters legal expenses also. A bit scary that it isn't just the claim that bites.