Gas Safety is Very Important

A health and Safety Prosecution has illustrated the stiff penalties for non compliance of gas safety legislation.

In Stafford Crown Court it was held that Mr Hussain rented out 12 properties, 9 of which had gas appliances. Only two of the properties had current gas safety certificates.

Upon inspection a number of the appliances were found to be immediately dangerous and others were at risk.

The defendant pleaded guilty to specimen charges under the Health and safety at Work Act 1974. He was fined £40,000 and ordered to pay £44,500 costs with an 18 month imprisonment in default of payment.

Landlord Disrepair

A recent case involved a tenant falling supposedly due to moss on the front steps of the property. At first instance it was held that the presence of moss was not a breach of the landlords duties.

Landlords should be aware of their obligations to ensure the smooth running of a tenancy.

How many weeks make 8 in Coventry

According to Landlord Assist, the nationwide tenant eviction and rent recovery firm , many landlords are experiencing difficulties where their tenant is entitled to housing benefit but this is not handed over to the landlord.

Regulation 95 of the Housing benefit regulations states that where the tenant is in arrears at least 8 weeks then the benefit can be paid to the landlord directly.
A recent case has gone to the first tier tribunal.

Coventry Council initially advised the landlord that the tenant could not be in arrears of rent for a period of time which had not yet elapsed. The tribunal held that if the rent is due in advance then if the pay day is missed then the tenant is in arrears. According a period of 8 weeks could be four weeks plus a day.

watch out for bogus landlords

Landlord Assist, the nationwide tenant eviction service are warning prospective tenants to be on their guard.

A recent scam uncovered by Oxfordshire Trading Standards has been operating whereby bogus landlords advertise their properties and then ask respondants to send their bank details in order to verify that they have sufficient money to pay the ongoing rent.

Once they have dispatched their bank details not only is there no property to move into but their account is targeted by the fraudsters.

Given that many of the private advertisement websites require no verification it is, according to Trading Standards, almost impossible to catch the criminals and reclaim the money back.

Buy To Let

According to Landlord Assist the nationwide tenant eviction and rent recovery firm Landlords continue to be pleased that they remain in the Buy to Let Sector.

According to recent research a typical landlord lost £600 on the capital value of the property yet earned £8,000 in rent over the last twelve months.

By contrast during 2008 a typical landlord would have lost almost 9% even after allowing for the rental income.

Graham Kinnear MD of Landlord Assist comments "These figures suggest that the worst of the downturn is behind us. We have many clients who are currently actively trying to increase the size of their property portfolios presumably to take advantage of improved market conditions"
Stephen Parry, Commercial Director of Landlord Assist urges landlords to still remain vigilant "Landlords should contact us immediately they have tenant difficulties. Cash flow is very important in a business like this particularly where the landlord is looking to expand their business."

Landlord Assist have provided free no obligation advice to many thousands of landlords and letting agents. You can avail yourself of their services on 08707 662288 or contact them via their website www.landlordassist.co.uk

Lets with Pets

Lets with Pets is an initiative launched by the Dogs Trust to help pet owners find accommodation within the private rented sector.

According to Landlord Assist, the award winning tenant eviction and rent collection service, pet owners make up over a third of the UK population so landlords who refuse to take tenants with pets could be missing out on an enormous pool of potential tenants.

Graham Kinnear, MD of Landlord Assist comments "One of our Clients welcomes pets and their void rate for their portfolio is less than 5%. It is certainly something landlords should consider"
The Lets with Pets scheme offers agents and landlords advice on letting properties to tenants with pets. Landlords should also be aware that guide dogs must be permitted in any property in order to comply with the Disability Discrimination Act which prohibits anyone renting a property from discriminating against a disabled person.

Landlord Assist offer landlords and letting agents free, no obligation advice and can be contacted on 08707 662288 or via their website www.landlordassist.co.uk

Changes to Local Housing Allowance

It is alleged that reforms to housing benefit which could fight the problem of benefit dependency would cost at least £60 Million to implement. The idea is a transition to work payment under which claimants would continue to receive housing benefit for three months after starting a job.

Graham Kinnear, MD of tenant eviction firm Landlord Assist feels this is a price worth paying "According to the documentation that I have seen the scheme is designed so that people are better off in employment than claiming benefits. This is obviously a good thing although quite why we have reached 2010 before realising is a mystery"

Sam Lister a policy Officer at the Chartered Institute of Housing appears to agree and comments "£60 million would be the absolute bottom line that recalculating LHA rates would save"

Stephen Parry of Landlord Assist comments "Currently approx £17 Billion in housing benefit is paid every year which is £6 billion more than was paid in 2000. The system clearly needs overhauling particularly when a number of the LHA awards never reach the landlord of the property"

John Denny, Chief Executive of a Housing Trust said they had seen a 10% increase in tenants claiming housing benefit over the last five years.

Kay Boycott, Director of Policy at Shelter said "We’re very disappointed that the government hasn’t made the decision to immediately restore choice to tenants"

Landlord Assist help landlords nationwide with the issues of rent arrears and tenant eviction and provide free, no obligation advice on 08707 662288 or via their website www.landlordassist.co.uk

we speak, they listen!

Graham Kinnear, MD of award winning tenant eviction and rent recovery firm, Landlord Assist is delighted that a recent publication by the Department of Work and Pensions has acknowledged that problems with the Local Housing Allowance exist.

The document entitled "Supporting People into Work: The next Stage of Housing Benefit Reform" comments that some stakeholders have raised concerns about the operation of direct payment of Local Housing Allowance to customers and that in some cases, safeguard procedures are not being operated well enough.

Whilst disappointed that the system was introduced in the first place, Stephen Parry, Commercial Director of Landlord Assist is pleased it is finally getting an overhaul.

Landlord Assist have been lobbying for 12 months calling for a change from the current system where housing benefit awards are paid directly to the tenant.

Kinnear continues "We have dealt with numerous cases where the tenant receives a housing benefit award but does not pay the rent"

The Local Housing Allowance was introduced for new tenancies in April 2008. Under the new rules rent benefit is paid direct to the tenant and in practice many are refusing to pay the landlord the rent.

Landlord Assist offer landlords free, no obligation advice on 08707 662288 or via their website www.landlordassist.co.uk

Clearly too much Red Tape!

Landlord Assist, the nationwide tenant eviction service have applauded shadow Housing Minister Grant Shapps for his approach in trying to reducing the red tape and bureaucracy surrounding the housing sector.

As Home Information Packs have been in place for 2 years Mr Shapps marked the date by demonstrating the need to remove hips by dressing a suburban semi in red tape to illustrate the raft of bureaucracy which surrounds this sector.

Graham Kinnear, MD of Landlord Assist comments "We have long been lobbying for change to the housing sector which will allow the market to operate more freely both in the sales arena for our investment landlords and in the private rented sector to allow our landlords businesses to operate more efficiently. We are delighted that Mr Shapps shares our vision"

Landlord Assist provide free no obligation advice to landlords and can be contacted on 08707 662288 or via their website www.landlordassist.co.uk.

No heating and an outside loo!!

Leading Tenant Eviction firm Landlord Assist are aware of recent research which suggests that some 6million households in the UK are living in sub standard, non decent accommodation. According to the research the majority of sub standards have no central heating system and incredibly many still have an outside lavatory.

Landlord Assist are regularly lobbying government about allowing market forces to operate in the housing sector rather than impacting the sector with ever increasing legislation and bureaucracy.

Stephen Parry, Commercial Director of Landlord assist comments "It is incredible that there are almost 100 pieces of legislation relating to the private rented sector and yet reportedly 6 million households live in sub standard accommodation. Clearly if the HHRS system under the 2004 Housing Act was implemented fully it could address all of these issues"

Landlord Assist act solely for the landlord and offer free, no obligation advice. They can be contacted on 08707 662288 or via their website www.landlordassist.co.uk.

Where is your tenants deposit?

Landlord Assist, the nationwide, award winning eviction and rent collection service is urging Landlords to review their handling of deposits.

Graham Kinnear, MD of Landlord Assist states that his firm lodge deposits with the Deposit Protection Service on behalf of landlords as it is the only authorised scheme which offers protection to all parties if the letting agent or landlord goes bust.

Kinnear states "whether landlords and letting agents agree with the requirement to lodge deposits they must accept that this is law and accordingly they should choose a custodial scheme in order that the tenant and landlord are protected in the event that the letting agent goes out of business. There have been a number of cases where landlords are responsible for the repayment of the deposit which disappeared when their letting agent went out of business"

A spokesman for the Deposit Protection Service states "We have used both internal and external adjudicators to ensure that landlords and tenants get the best possible service. All the adjudicators we employ are qualified in law and experienced in housing law and all are members of the Chartered Institute of Arbitrators"

Stephen Parry, Commercial Director of Landlord Assist agrees "There is a clear advantage for landlords to have their tenants deposits in a custodial scheme as it will protect all parties should the letting agent go out of business"

Landlord Duty to prevent disease

Property managers must learn about the legal risks associated with people contracting legionaires Disease in their buildings. That is the message from the Chartered Institute of Building Services.

The liability for prevention comes from Health and Safety Legislation

Tenants still in arrears

According to many commentators it seems like life for Landlords is finally getting easier. Not so says Landlord Assist, the award winning nationwide tenant eviction service. Despite rents being on the increase and interest rates at an all time low, many landlords are struggling with tenants who will not or cannot pay their rent.

Graham Kinnear, MD of Landlord Assist states that "according to research by the National Landlords Association nearly three quarters of landlords have experienced rental arrears and worryingly 43% of these arrears have occurred in the last 12 months"

Stephen Parry, Commercial Director of Landlord Assist agrees "The majority of our workload this year has been acting for landlords whose tenants are in arrears. The arrears have been caused by increasing unemployment amongst tenants and as a result of the Councils paying housing benefit direct to tenants"

The system is far from perfect although landlord Assist provide free, no obligation advice to landlords on all landlord and tenant matters. Call us now on 08707 662288

Change Local Housing Allowance Legislation

According to recent research 400,000 Britons are falling behind with their mortgage payments on their Buy to Let property and Landlord Assist, the nationwide tenant eviction company know the reason for why.

Under the Local Housing Allowance system housing benefit tenants receive their benefit award direct from the Council and the landlord needs to keep their fingers crossed that the tenant will use that money to pay the rent.

According to Graham Kinnear, MD of Landlord Assist the country is littered with landlords struggling to pay their buy to let mortgages as the tenants are refusing to hand over their benefit award. "We are dealing every day with situations where tenants are in receipt of a benefit award but the rent still remains unpaid" says Kinnear.

Dr Brian Iddeon who represents Labour in Bolton South wants tenants to have greater protection in the event of private sector landlords defaulting on mortgages. Stephen Parry of Landlord Assist disagrees "Our experience is that those landlords struggling to make payments are very often those landlords who have tenants in receipt of a benefit award but who choose to spend it on themselves rather than pay their rent"

There have been growing calls from Landlord Assist and others to review the Local Housing Allowance system to make payments direct to the landlord in order that they can maintain their mortgage payments.

Kinnear concludes "The government want to encourage the development of the private rental sector yet the Local Housing Allowance scheme works against the landlord – review of the legislation is therefore required"

Accidental landlords - we want you to stay

Landlord Assist the nationwide tenant eviction firm have acted for many so called accidental landlords in dealing with their tenancy issues. According to Graham Kinnear, MD of Landlord Assist many of them don’t relish being landlords at all. He continues "Many of the accidental landlords are renting simply until the price of their property comes back in line with its 2007 value and allows them to move on"

Set against this is news from estate agents Savills who believe that landlords in this situation may have to wait almost 10 years for a return of 2007 levels. Jeremy Leaf, spokesman for the Royal Institution of Chartered Surveyors states that many accidental landlords are returning to the sales market but many are forced to remain as landlords.

The only consolation for those landlords forced to hold on is the prospect of increased tenant demand and rising rents. In recent research 22% of surveyors said that rents were increasing in their area and 11% said that the amount of available rental property is declining.

Stephen Parry, Commercial Director of Landlord Assist details "We have retrained many of our staff to deal with accidental landlords who have no experience of the lettings market and the laws which need adhering to. We hope that as a result of our support and assistance to these new landlords that many of them will remain in the rental sector and enjoy their experience as a landlord"

Landlord Assist provide free, no obligation advice on all landlord and tenant matters.

Buy to Let Image improves

Landlord Assist, the nationwide tenant eviction firm are convinced that the traditional image of the Buy to Let Landlord is improving as a result of the recession.

According to Graham Kinnear, Managing Director of Landlord Assist the public perception of the landlord was blackened by the alleged activities of 1950s landlord Peter Rachman which led to the new term "Rachmanism" which was used to refer to "being a bad landlord"

Subsequently during the explosion of Buy to Let throughout the late 1990s, many UK landlords were accused of being greedy setting high rent levels and refusing to undertake maintenance and repair to their properties. The lack of choice of property meant that tenants were often forced to take substandard accommodation.

A raft of recent legislation has tidied up the sector and now deposits need to be protected and local authorities have control over the standard of private sector housing to ensure safety for tenants.

According to Stephen Parry of Landlord Assist "institutional investors have introduced high quality rental accommodation to the market and enforced others to provide better quality accommodation in order to compete."

Kinnear concludes "All these factors have enhanced the image of the Buy To Let landlord and we at Landlord Assist are proud to represent landlords throughout the UK"

Which property should you Buy?

Landlord Assist, the award winning nationwide tenant eviction service has been undertaking research amoungst its clients to reveal the properties which offer the best yield in terms of property location and type.

Graham Kinnear, Director of Landlord Assist says the research concurs with expectations with University Towns providing the highest yield. According to Kinnear Nottingham performed best with yields of 10.9% being achieved by some landlords. Second place went to Durham with 9.23%.

Kinnear continues "Across the board for University Towns yields of 7.6% are being achieved. Typically these comprise three bedroom houses let to a number of students"

With the exception of student accommodation the best yields appear from one and two bedroom flats (although not town centre new build) located in towns with areas of the North East and South East faring best.

Paul Hughes of Estate Agents Milton Ashbury in Margate, Kent confirms the position "We are selling apartments at £35,000 which will rent at £350 per month and therefore providing 12% gross yield. Two bedroom apartments can make 10% and the demand for rental accommodation is still strong in this area"

With the reduction in the number of properties being constructed it is anticipated that there will be an increased demand for existing stock which should drive rents up and therefore may enhance the yield achieveable.

Stephen Parry, Commercial Director at Landlord Assist agrees "We are seeing an increase in rental levels and this is likely to continue throughout 2010. Yields for residential property will still outperform those available via other investment vehicles"

Well Done Estate Create

Landlord Assist offer their congratulations to Estate Create, founded by Henry Yates who pipped Landlord Assist to an innovation award at a recent awards evening at the Hilton, Park Lane London. Graham Kinnear, MD of Landlord Assist comments "We would like to think that Landlord Assist were a very close second place as we believe the judges were very impressed with our service offering. Notwithstanding we offer our congratulations to Henry and his team at Estate Create"

The two sides of Buy to Let

No one can deny that the buy to let market has endured some turbulence over the last 18 months but according to Landlord Assist, the award winning tenant eviction and rent recovery firm, some landlords have fared far better than others.

Graham Kinnear, MD of Landlord Assist explains "Landlords who bought before prices really shot up and who had the benefit of tracker mortgage products are sitting pretty. Their portfolios are far more cash positive, tenant demand is up, voids are down and yields are holding up"

Kinnear continues "Compare this to someone who bought a property at the height of the market and has their mortgage product at 7%. These people are in a cash negative position in that the purchase price would have allowed for a gross initial yield of say 5-6% which will not even cover the finance let alone the property repairs, voids, service charges and the like"

In the positive camp are investors such as Jim Parker who states that "there has never been a better time to capitalise on the buy to let market". He has purchased three properties in the last 6 months to add to his portfolio. Indeed figures from the Council of Mortgage Lenders show that Buy to Let mortgaging has grown 10% in the last quarter.

One Client of Landlord Assist, a landlord in East Kent, who already has a portfolio of over 100 properties is still buying up more, taking advantage of increased tenant demand, recovering rents, low interest rates and appetising yields.

For those with a more morbid view their Buy To Let portfolio can seem more like a liability rather than an asset. During the last quarter 1600 landlords had properties repossessed. Many of whom are still hanging on feel that it will be some time before the equity they once held in the property is restored.

Whichever side of the buy to let equation you find yourself in Landlord Assist offer free, no obligation advice on 08707 662288 or via their website www.landlordassist.co.uk

Tenants don't want deposits!!

Landlord Assist are staggered that almost £5,000,000 remains unclaimed in one of the tenancy deposit schements. Given that the scheme was introduced to ensure that the tenant had their deposit protected we are surprised that such a vast pot of money remains unclaimed. We would welcome thoughts from readers whether the scheme can be viewed as a success

Rents on the up??

Landlord Assist, the nationwide tenant eviction and rent recovery firm have noticed an increase in rent levels being achieved by letting agents throughout the UK.

Graham Kinnear, Director of award winning Landlord Assist comments "According to the November rental index the average rent has risen to £831 per month and it appears that rents may continue to increase toward their 2008 peaks due to a lack of supply.

The amount of available rental accommodation plummeted 10% in October according to research. This view is shared by Findaproperty.com who state "We are now seeing a clear trend of recovery in the rental market with stock levels declining. This is good news for landlords but it means for tenants that the days of discounted rents, juicy incentives and plenty of high quality stock are probably drawing to a close"

Landlord Assist urge landlords to take action immediately their tenant defaults and the above news shows that there are plenty of other tenants wishing to take their place.
Landlord Assist provide free, no obligation advice on 08707 662288 or via their website www.landlordassist.co.uk

Landlord Assist - at the awards again!

Landlord Assist, proving to be the nations most popular tenant eviction specialist has received a national Marketing Award and is justly proud of this achievement.

The judging panel made up of a collection of industry experts commented "By ramping up its tenant eviction service it has created a highly competitive, fixed price offering that can be used by landlords, letting agents or solicitors across the Country. The timing for this product has been perfect when considering the downturn in the economic cycle and the comprehensive marketing campaign, including cast media coverage, has led to a 240% increase in turnover for Landlord Assist"

Squatters ordered to leave

A group of squatters who took over an empty hostel in Devon have been ordered by the courts to vacate the property.

The 13 dwellers took over the building in Exeter at the start of October after being evicted from an empty school in the city.

The owners of the property applied for a court order to regain possession and a judge at Exeter Court has ruled that the group must leave within 4 weeks.

One of the squatters commented that he had ended up homeless after his business failed four months ago.

Exeter City Council said they have offered support to help the group find somewhere else to live.

Tenants to receive "Bill of Rights"

Landlord Assist, the nationwide tenant eviction firm is worried about a new framework for the way that social housing is regulated. Their fear is that it could lead to a similar approach throughout the private rental market.

Graham Kinnear, Managing Director of Landlord Assist explains "Already there are clear anomalies in the way that landlord and tenant law works. Examples include the fact that a tenant needs to give one months notice to vacate the property yet the landlord is obliged to give the tenant two months notice or that a landlord cannot evict a tenant without a court order even though they may have ceased paying rent."

Kinnear continues "Rafts of policy and legislation which require the landlord to do even more than currently required are in our view unnecessary and may well discourage landlords from entering the market thereby reducing the choice and quality of rental accommodation"

The Tenant Services Authority are introducing a new "regulatory framework for social housing" which details the standards required of landlords will mean a greater responsibility to work closely with tenants to drive improvements and more flexibility in how they deliver their services and more accountability to tenants and partner organisations.

Housing Minister John Healey said that this "bill of rights" would have "real teeth" and enforce landlords to get repairs right first time, stop antisocial behaviour and make sure tenants have a say in the management of the property. Those that fail will apparently be subject to make compensation payments or lose the right to manage to another organisation.

It is felt that this increase in beurocracy will deter entrants to the market and increase the costs that landlords face in terms of compliance.

Landlord Assist provide advice on all landlord and tenant matters and can be contacted on 08707 662288 or via their website www.landlordassist.co.uk

Landlord Assist at the Awards

Landlord Assist were delighted to achieve a finalist place at the recent Negotiator Awards in two categories. The nationwide tenant eviction firm were shortlisted for the efforts of their marketing team and for the innovation award.

Managing Director Graham Kinnear comments "We are delighted that the efforts and achievements of our team have been recognised at a National Level. We have worked really hard this year and achieved some amazing results. Our caseload has increased 140% this year and our staffing levels have increased 50%"

Stephen Parry, Commercial director of Landlord Assist continues "We use superb technology throughout our firm which allows us to provide a superb service to clients. This in conjunction with our fantastic staff mean we are a market leader in our field and it is very pleasing to have this acknowledged at a National Level"

Is the recession over?

Landlord Assist, the nationwide tenant eviction and rent collection service are calling the bottom of the market certainly as far as the residential property sector is concerned.

Graham Kinnear, the firms MD details that the level of repossessions has significantly declined, loans are more readily available and estate agents throughout the land are reporting happier times.

A recent report from the Council of Mortgage Lenders details that the forecast for the number of repossessions for 2009 has reduced to 48,000 from 75,000 largely as a result of low interest rates and lender forebearance.

Stephen Parry of Landlord Assist continues "The recession has been very tough for many landlords but there is a feeling that the good times will return. The current low interest rates mean that many peoples portfolios are cash positive and providing an impressive yield. Further, many are actively increasing their portfolio and taking advantage of depressed prices before they revive. This in conjunction with the demise of the "accidental landlord" means that a reduction in supply has even pushed up rents in some areas. All in all the signs are good."

Buy to let is likely to emerge from the recession as a preferred investment medium. It is likely to continue to offer a great hedge against inflation, capital growth and a gross yield in excess of that offered via the banks.

Dealing with Debtors

We are often asked the difference between a statutory demand and a charging order when dealing with debts. Our understanding is as follows:

For debts over £500 a statutory demand can be served. In the event that the debtor does not apply to set aside the demand then bankruptcy proceedings can begin against the debtor. A statutory demand often provokes payment or at least dialogue.

In contrast a charging order is placed against a property. Once obtained it can be enforced by an application for an order of sale. Once obtained most creditors make an application for a restriction to ensure the property does not get sold without the consent of the creditor.

Landlord Assist provide free, no obligation advice and can be contacted on 08707 662288

Landlords to Pay Tenant Water Bills!

Landlord Assist the nationwide tenant eviction and rent collection firm are outraged by the Walker Review of Water Charging which suggests £500 million of unpaid water bills could be passed from Tenant to Landlord.

Graham Kinnear of Landlord Assist is enraged "We have spoken extensively over the last 12 months about the need to control the hidden costs incurred by Landlords in order to encourage further Landlords to enter the market place. The suggestion that the Landlord could be responsible for the tenants water bills is absurd and will do nothing to enhance the position of the private rented sector"

Experian has said that £500 million in unpaid bills is accumulated each year via private tenants. It is estimated that £11 on everyones bill pays for the debts of others.

Ian Fletcher of the British Property Federation appears to agree with Landlord Assist when he states "If the government decides to pursue the passing on of a private debt to an innocent third party we will fight it tooth and nail. On the one hand government is urging water conservation through the use of metering and on the other hand this policy would allow tenants to run the taps all night safe in the knowledge their landlord could face the bill."

Philip Lafferty, Principal Solicitor at KLP, specialises in issues facing landlords and is similarly incensed by the proposals and comments "Surely it is inequitable to make someone liable for the payment of goods or services supplied to another. Landlords already have difficulties collecting what is owed to them and we are opposed to legislation which will further work against them"

Landlord Assist provide free, no obligation, initial advice and can be contacted on 08707 662288 or via their website at www.landlordassist.co.uk

Tenant deposits for property in Scotland

The announcement by the Scottish Government that rent deposits will soon need to be protected has been welcomed by the existing deposit providers.

Despite the obvious benefit to tenants one of the deposit providers is reporting increased costs of 42% due to the sharp increase in the number of tenant disputes. This has raised the question again of insurance backed schemes which would pay the landlord up to one month of rent and would also allow the tenant to retain the deposit.

Landlord Assist would be keen to explore this possibility further and would be delighted to hear from any insurer interested in offering such a scheme to our Clients

Landlord Assist - Right as usual!!

We have written extensively regarding the healthy prospects for landlords investing in Student Accommodation and our advice has been backed up by a report from Richard Simpson, managing director of development for Unite who reports "The supply of good quality, well located student accommodation continues to lag behind demand. Across the UK there is only sufficient purpose built accommodation to house two thirds of students. The shortage is even more pronounced in London where only a third of students are catered for. By 2014 it is expected that student numbers will increase to 3 million"

Holiday Letting

Many of our Clients ask for the qualifying criteria for Holiday Letting. In short to qualify under the furnished holiday letting regime, property must be available for letting to holidaymakers or tourists o a commercial basis for at least 140 days per year and must actually be let for at least 70 days and must not be in the same occupation for more than 31 days throughout a period of at least seven months.

Demographi of Tenants Widens

Demand for rental properties remains high according to Countrywide Residential Lettings.

The findings reveal that there has been an increase in demand from families and couples over the age of 35 who are waiting to see the effects of recession and signs of recovery in the housing market.

Couples under 35 make up the largest tenant demographic whilst single occupants represent 18% of the market.

Regulation needs to be fair

A survey by Paragon Mortgage Trends has found that 56% of landlords believe that the introduction of the Government s proposed national register for England will deter landlords from making further investments in the private rented sector.

Meanwhile, 57% believe that the register will force some landlords out of the sector because of the increased regulatory burden A quarter of landlords believe that the register will be helpful for tenants but a third state that it will offer no benefits to tenants.

John Heron of Paragon states "Landlords are already subject to an estimated 50 Acts of Parliament and 70 sets of regulation so they are naturally going to be sceptical about the introduction of another major regulatory initiative"

rents are increasing but tenants still not paying

According to LSL Property Services latest rental index, residential rents have risen 1.4% in August which is the fastest growth recorded since July 2008 and follows on from increases in the previous two months with UK rents having risen 8.2% over the third quarter.

The average rent is now £661 pcm still 4% below the peaks of August 2008. Rents, according to the index rose in every region except Yorkshire and Humberside.

In contrast there was a sudden increase in tenants getting behind with their payments. Arrears rose in every region except Yorkshire and the Humber. Wales was the worst performer with 17.4% of tenants not paying or not paying on time up from 15% in July.

Rent Due Now!!

An interesting case has been heard where a landlord successfully argues that rent was due from his tenant immediately the due date has passed.

Landlord Assist who deal with tenant evictions and rent recovery throughout the Country are delighted for landlords.

Most local authorities will agree to direct payments of housing benefits to landlords in situations where the tenant is at least two months in arrears however a grey area has been created in that most rental agreements make provision for the rent to be paid in advance. As a result, some local authorities were relying on a Department for Work and Pensions Guidance which stated that "a person cannot be in rent arrears in respect of a period that has not yet been served"

Graham Kinnear, MD of Landlord Assist states that in the judgement Mr Jones, Chairman of the Coventry Appeal Tribunal disagreed and stated "rent is in arrears once the contractual date for payment has passed irrespective of whether rent is due in advance or in arrears"

Stephen Parry Commercial Director of Landlord Assist comments "Many of our Clients are relying in this system to mitigate the level of rent arrears they are sustaining particularly once a notice has been served upon the tenant. These guidelines are helpful for local authorities to understand that if the arrears exist then the benefit payment should be diverted to the landlord"

Kinnear continues "A key facet of any housing benefit system is that it is easy to understand and effective in order to continue to encourage landlords to accept tenants who are supported by the benefit system. We hope that this ruling takes this concept a step closer"

Philip Lafferty, Principal Solicitor of KLP Solicitors sounded a note of caution that "The decision is not binding for subsequent cases however Landlords are certainly at liberty to highlight this decision to their local authority should they experience difficulties in rental payments from their tenants"

The Private Rented sector

Investors may be finding a way to love plans by the Homes and Community Agency to create an institutionally backed private rented sector in the UK, despite the fact that the government recently refused to agree to a blanket rental guarantee for unlet units.

Legal and general looks set to announce its own fund while Stanhope and Schroders are looking at developing flats for private rental at their Croydon gateway Scheme

Landlord Fined

A private landlord in Camden, London has been handed £32,400 of fines for managing an unlicensed house and neglecting fire risks. Alexander Begun is a director of two management companies which were both fined £13,800. he was also charged £4,800 for his failings as a director.

Conservative Housing Minister Slams regulation

Shadow Housing Minister Grant Shapps has slammed regulation of the private rented sector as a "blunt instrument for getting results"

Landlord Assist the nationwide tenant eviction and rent collection firm are delighted having campaigned tirelessly to demonstrate that there are already sufficient legislative measures in place to deal with landlords and any more would simply deter people from entering the marketplace.

Grant Shapps, the shadow Housing Minister was making his comments at a Joint Reception at the Conservative Party Conference last week between Crisis and the National Landlords Association.

Graham Kinnear, MD at Landlord Assist has publicly offered his firms support to Mr Shapps in objecting to further landlord regulation and it now seems that David Salusbury, Chairman of the NLA is also in agreement by saying "There are now sufficient rules and regulations in place to ensure the minority of rogue operators in the sector can be dealt with swiftly and effectively"

According to Landlord Assist this appears to be a change in stance for the NLA who recently wished to instigate a ‘pay to join’ database of approved landlords further adding to the costs and red tape that landlords are currently subjected to.

The NLA now almost mirror a previous comment from Landlord Assist when they say "The final piece in the jigsaw is encouraging local authorities to use existing powers appropriately instead of introducing more regulation which only penalises good landlords"

House in Multiple Occupation

Landlord Assist are calling for change to the way that local authority bodies are charging to licence for houses in multiple location.

It appears that Landlords in Newcastle re bearing the brunt by paying £1100 for an HMO Licence which is almost double the £600 charged by neighbouring Gateshead. By comparison Basingstoke charge £250 and Norwich City Council charge £270.

The charges seem unnecessary and compound the costs facing landlords in a sector which the Government should be encouraging.

We would be pleased to hear from any local authorities who can offer justification as to the enormous disparity in what is being charged for essentially the same service and we will publish any responses on our blog.

£250M of rent arrears!!

Landlord Assist, the nationwide tenant eviction and rent collection firm are very busy as it is reported that rent arrears have now passed the £250 Million mark in England and Wales whilst 560,000 tenants are behind with their rent.

Graham Kinnear, MD of Landlord Assist details "This year has broken all of our records both in terms of the number of Clients we have acted for and the amount of rent that we have been collecting for Landlords"

Stephen Parry of Landlord Assist confirms the position "The recession has meant that rental receipts for landlords have been that much more difficult to collect and as a result there has been an increase in the number of tenants being evicted due to non payment of rent"

One area where landlords can reduce the chances of default by the tenant is through the referencing of the prospective tenant before they get the keys to your property.

Landlord Assist started a tenant referencing service eighteen months ago and has seen it grow enormously over that period. Kinnear continues "Our express tenant referencing service costs £9 plus VAT and is used by a good number of landlords and letting agents throughout England and Wales. We have averted near certain disaster on numerous occasions by uncovering false applications, forged payslips as well as receiving less than flattering responses from previous landlords."

Philip Lafferty of KLP Solicitors in Central London agrees "Many of the Clients we speak to about rent arrears and possession claims relate to tenants where pre tenancy referencing was not carried out"

Landlord Assist provide free, no obligation, initial advice on 08707 662288 or via their website on www.landlordassist.co.uk

HM Revenue and Customs

HM Revenue and Customs is currently consulting on changes that look set to increase the amount of tax raised by private landlords. It is mooted that Letting Agents could also be forced to hand over details of the landlords on their books, even for those for whom they do not currently act.

Stephen Parry, Commercial Director at Landlord Assist, the nationwide tenant eviction and rent collection firm is unsurprised "The tax revenues in the UK have clearly fallen over the last 12 months and the Government must be keen to look at ways of increasing the tax receipts. It is politically more popular to increase efforts to enforce existing tax regimes rather than to simply increase rates of tax"

Currently HMRC are able to obtain details of landlords where a letting agent receives rent on their behalf and generally these details are requested quarterly by the Government department. It is estimated that 15% of landlords engage a letting agent on a tenant find only basis meaning that they do not collect the ongoing rent on behalf of the landlord. If this income is currently undeclared it could mean a further £200M in tax could be collected.

Landlord Assist provide free, no obligation, initial advice on all problem tenant issues and can be contacted on 08707 662288.

Euro regulation to affect landlords?

Landlord Assist the nationwide tenant eviction service are concerned that proposed new legislation from the EU could force UK landlords to convert rental properties for disabled tenants that they have yet to meet.

Accordingly to Philip Lafferty of KLP Solicitors in London this could mean "installation of mobility aids such as ramps, grab rails and stairlifts and perhaps even redesigning bathrooms and kitchens as if they were to be tenanted by disabled people"

This view is shared by Richard Jones, Secretary of the Residential Landlords Association who states "This is particularly wasteful and excessive when landlords cannot possibly know in advance what work may be needed to cater for a tenant who, in most cases, will probably never appear anyway"

Graham Kinnear , MD of Landlord Assist has applauded the RLA in asking the European Union to think again. Kinnear continues "As I understand the situation the RLA have quite rightly asked how much this would cost landlords and is it really necessary in the first place"

Landlord Assist are regularly lobbying that an environment should exist to encourage landlords into the Buy to Let Sector. Stephen Parry, Commercial Director of Landlord Assist agrees "We are being told of a housing shortage and therefore government initiatives should encourage the development of the private rented sector"

Landlord Assist provide free, no obligation advice on problem tenant situations and can be contacted on 08707 662288 or via their website www.landlordassist.co.uk

Eviction threat

Officials are apparently considering whether to evict a leicestershire family accused of tormenting a woman who killed herself and her daughter.

Fiona Pilkington died in a burning car after years of abuse.. After the inquest into her death , members if the Simmons family were amoung the accused of those taking part in the harassment.

Council officers are investigating the possibility of eviction and a decision is expected within days.

Bosworth MP David Tredinnick said "it is perfectly feasible for the council to apply for an eviction order and they can go into hostel accommodation"

KLP Solicitors join the Landlord Assist family

Landlord Assist, the nationwide tenant eviction and rent collection firm are delighted to announce the association of KLP Solicitors with their group. KLP, headed by Philip Lafferty are superbly placed to assist in the expansion of the firm in relation to eviction proceedings, debt recovery and other property related litigious matters.

Philip is a commercial litigator with approximately thirty years of trial experience. Born in Yorkshire, Philip trained as a Barrister and Solicitor in Western Australis where he operated his own law firm for 18 years. He has conducted several hundred civil trials during his career and currently operate with his teams as KLP Solicitors in Central London.

Graham Kinnear of Landlord Assist comments "Landlord Assist have used the service of KLP on an ad hoc basis since their inception and we are delighted to announce the formal cooperation between ourselves and KLP. The services of KLP in relation to landlord and tenant matters are, in our view, superb and we are delighted that the Clients of Landlord Assist will benefit from them."

Philip Lafferty of KLP states "Both myself and my colleagues at KLP have extensive experience in Landlord and Tenant matters and we were therefore keen to undertake a collaboration with a firm offering national coverage. Having researched the market we were keen to undertake that collaberation with Landlord Assist. It was felt that their marketing, customer service and breadth of service offering puts them firmly as market leader in their field"

Stephen Parry, Commercial Director at Landlord Assist details "We select our partners very carefully to ensure that their business ethos matches our own in terms of service delivery and standards. We are delighted to be associated with KLP Solicitors and look forward to a long and mutually beneficial relationship with Philip and his team."

Landlords and letting agents wishing to take advantage of the free, no obligation, initial advice from Landlord Assist should call 08707 662288 or contact them via their website www.landlordassist.co.uk

Take urgent action against rent arrears

Landlord Assist are urging landlords to contact them immediately their tenants fall into arrears. Recent research states that rent arrears is on the increase and according to the Council of Mortgage Lenders the number of buy to let mortgage accounts in three or more months of arrears has risen from 10,000 at the beginning of 2008 to 30,000 at present.

We are noted as stating in Property Investor News that "the oversupply of rented accommodation in some areas means that landlords are fighting for tenants and are vulnerable to increased voids"

Landlords who are suffering arrears should act quickly to protect their position.

Scotland Evictions

Landlord Assist are reminding Landlords who have property north of the border that under section 11 of the Homelessess (Scotland) Act 2003, landlords and creditors must let the local authority know if they raise proceedings for possession of a property or serve certain notices that relate to a mortgage.

Punishment for Landlord

A landlord who breached health and safety regulations has received almost the maximum punishment magistrates could impose.

Mr Bensal was fined £9030 after pleading guilty to two breaches of rules relating to houses in multiple occupation.

Dartford Magistrates gave Bansal a £4515 fine for each offence with £5000 being the maximum. He was also ordered to pay £575 in court costs.

Landlords should seek advice on HMO matters if they are unsure. As this case demonstrates failure to comply can be expensive.

Oversupply of rental property

According to the RICS in the three months to July 2009 tenant demand for rental properties continued to rise, albeit at a slower pace.

The proportion of landlords considering selling a property at the end of the tenancy is unchanged at 1.8% suggesting that Landlords are in this for the long term.

Student accommodation

According to the accommodation for students the average weekly rent for student accommodation has now increased to £62.61 per week which is higher than last year. Landlord Assist foresaw this increase and suggested landlord look at student accommodation earlier this year.

The best value locations for student accommodation are detailed as being Stoke on Trent, Middlesborough, Crewe and Hull. The average rent for Stoke being the lowest at £41.90 per week.

Local Housing Allowance

Grant Shapps MP has responded to an employee of Landlord Assist who wrote to David Cameron regarding the Local Housing Allowance system. We are grateful for his response which reads as follows:

Dear Gema,

Your letter regarding Housing Benefit was passed on to me by David Cameron's office as it falls within my responsibility as Shadow Housing Minister.

You raise a number of very pertinent points regarding the payment of benefit for housing to tenants and although initially the intention to give social tenants more felxibility was welcome the Government's policy is causing problems.

For the tenants themselves often managing their own finances is a struggle and by mismanaging their housing benefit there have been cases of tenants becoming homeless where previously this would not have happened.

In terms of supply, people may also put off investing for housing for social rent and importantly, many landlords are already refusing to let their properties to housing benefit claimants reducing supply and putting additional pressure on local authorities and their housing stock.

Please rest assured that this is an area of policy we are currently looking into; thanks again for your correspondence. Please don't hesitate to get in touch in the future if there is anything else you would like to discuss.

Yours sincerely,


Grant Shapps MP.

The oldest tenant to be evicted?

A 98 year old woman who terrorised neighbours and assaulted carers is likely to be the oldest person in Britain to be evicted.

The tenant was given 28 days to leave her flat after a Judge heard that she kept fellow residents awake by banging on their doors and windows.

Southampton Court heard that the tenant was mentally capable but also that her phone had been cut off after she made 264 calls to police without a god reason in two years. Social services had removed the emergency call button after she raised the alarm 563 times in one month.

The court also heard that emergency service staff would only visit in pairs due to the risk of being assaulted.

Get the right person for the job!

Landlord Assist are urging Landlords to review their list of contractors to ensure compliance with the law following the recent prosecution of a Gas Engineer who was not registered on the Gas Safe Register.

Graham Kinnear of Landlord Assist details that the work carried out by the engineer in Hull contained numerous defects. The engineer pleaded guilty to seven breaches of the Gas Safety (Installations and Use) Regulations 1988 and four breaches of the Trade Descriptions Act. The critical issue here is that the occupiers of the property could have been put at risk.

The Health and Safety Executive spokesman Chris Chambers says "We urge homeowners to be on their guard when having gas work carried out at their properties and to always check that the fitter is on the Gas Safe Register."

Kinnear continues – "In addition Landlords should ensure that electricians are qualified and hold a Part P certificate and indeed all contractors should carry liability insurance. The landlord has a duty of care to the tenant and this should never be breached otherwise it can lead to the tenant raising a claim against the landlord"

Landlord Assist, who specialise in tenant referencing and the eviction of bad tenants, advise on landlord and tenant matters throughout the UK from a team of dedicated professionals and Stephen Parry of the firm comments "In this increasingly litigious world Landlords should ensure works are in accordance to legislation to ensure compliance to their obligations and the safety of their tenants. Failure on either part can leave them open to being litigated against."
Landlord Assist provide free, no obligation, initial advice and can be contacted on 08707 662288 or via their website at www.landlordassist.co.uk

Landlords to receive housing benefit direct?

Landlord Assist applaud the efforts of the National Landlords Association who are to lobby central government in an attempt to change the policy on housing benefit.

The group claims that millions of pounds have been wasted by government reforms to housing benefit. It says that the governments local housing allowance had caused "major problems"

The NLA state that in many cases, the cash was not being passed on to landlords which was leaving them out of pocket.

They state that "If something isn't done then landlords who currently operate in this market will be leaving in their droves and it will be the most vulnerable tenants who will be left out in the cold"

Landlord Assist have dealt with numerous cases where the tenant is in receipt of a housing benefit award yet elects not to pay the rent and therefor on behalf of its Landlord Clients, supports the NLA in their efforts.

buy to let is back!

Landlord Assist, the nationwide tenant eviction and rent recovery firm recently reported that the Buy To let market was starting to return and their thoughts have been vindicated by a Royal Institution of Chartered Surveyors report which states that the supply of rental property coming to the market is falling quickly leading to the hardening of rents and reduction in void periods experienced by Landlords.

In an optimistic sign for landlords many estate agents are reporting more landlords wanting to increase their portfolio and take advantage of the strengthening of rents together with the still depressed sale values. These suggestions are further galvanised by the latest figures from the internet site findaproperty.com who state that rents have increased by 2.5% and the supply of rented accommodation has declined by 16%

According to Stephen Parry of Landlord Assist, Buy to let has long been a good hedge against inflation and a useful retirement pot for many people. All the signs are there that this market place is returning and that capital values will begin to increase in accordance with growing demand from investor buyers.

Developer Guilty of Tenant Murder

According to the BBC News Channel a developer arranged the killing of a tenant after he refused to leave a building earmarked for redevelopment.

Thanos Papalexis, 37 allegedly hired henchmen to kill a caretaker in March 2000.

The Court heard that the landlords financial affairs were precarious and he was paying £60,000 a week in bridging finance.

The developer was arrested in November 2008 after police had finished building a case against him.

Jealously is a nasty trait!!

Landlord Assist, considered by many to be the market leaders in tenant eviction are flattered to learn of a competitors google advertisement which is entitled "Landlord Assist - The Leading Tenant Eviction Company" and then diverts to their website. We are deeply flattered that they also acknowledge we are the leading eviction company however we would be grateful if they would desist from trying to confuse the public.

For clarification the "leading eviction company" can only be reached at www.landlordassist.co.uk or 08707 662288

Third Party Renewal Commission

Letting agents should be aware that the recent OFT v Foxtons case has highlighted the issue of third party renewal commissions where a landlord sells the property to another landlord, with the tenant remaining in situ, yet the agent seeks to bind the new landlord to the renewal commission.

The Office of Fair Trading are not keen on this clause and Agents should consider whether it should be included in standard terms and conditions in future.

database of good landlords?????

The National Landlords Association has just launched an online database of its members.
It has been designed to allow tenants to check whether their landlord abides by the highest standards of residential property letting.

This new website has been met with opposition from Landlord Assist the nationwide tenant eviction and rent collection firm who argue that the £88 per year to feature on the list is simply another cost to many already struggling landlords.

Further there are thousands of very good landlords who are not members of the scheme and yet provide a superb level of service to their tenants. Landlord Assist wonders whether these non member landlords will become at a disadvantage in the fight to secure tenants.

Graham Kinnear, MD at Landlord Assist is concerned at the costs being incurred by landlords already – "With a Gas Safety Inspection, Energy Performance Certificate, Inventory, letting fee, HMO Licence, Electricity Check, Agents commission and the like landlords have got enough to spend their money on" He continues "particularly in the current climate where rents have actually dipped as a result of over supply in some areas"

Landlord Assist maintain that there is sufficient legislation in place to ensure that a landlord takes their responsibilities seriously and provides safe, quality accommodation to tenants and the provision of a members website will not assist the situation nor, in the view of Landlord Assist, make a rogue landlord suddenly adhere to legislation.

Stephen Parry, Commercial Director at Landlord Assist appears to agree "Many letting agents throughout the UK have Landlord Assist approved status through their provision of our tenant referencing service and tenant eviction process. It would be unfair for us to state that they are the top agents in the Country just because they partner with us and this web database is the same – meet your landlord, ask friends for recommendations, ask the local authority their thoughts on a prospective landlord in your area and should things not work out then there is already a raft of legislation in place that will protect the consumer."

Fire Safety in rented properties

We have commented on Fire Safety a number of times on the blog and detailed that the Regulatory Reform (Fire safety) Order replaces 70 pieces of previous fire safety legislation.

Landlords should be aware that there have been 42 prosecutions in the first two years of the order with the first imprisonment of a landlord in October 2008. During the same period 3,800 enforcement notices have been issued.

Following a fatal fire on 17 September 2007 at a rented flat the landlord was sent to prison for four months and his company was fined £21,000 for breaches of the order.

The offences included:
No fire risk assessment
Failure to make proper fire safety arrangements
Failure to provide fire detection equipment
Failing to ensure escape routes were clear
Failing to provide signage for fire exits
Failure to have a fire evacuation plan.

If landlords or letting agents are in any doubt of their obligations in this regard they should call Landlord Assist for advice or their local authority of Fire Safety Officer.

Entering a Flat for Inspections

Landlord Assist are often asked where a tenant refuses access to the landlord what their entitlement is.

Section 11 of the Landlord and Tenant Act 1985 will generally apply and by virtue of subsection 11(6) you as landlord, or anyone authorised in writing by the landlord may at reasonable times during the day and on giving 24 hours notice enter the demised premises for the purpose of viewing their condition and state of repair.

Landlord Assist offer advice on all landlord and tenant related matters.

Number Crunching!

£1.9BN is the value of buy to let mortgage advances made to investors in the second quarter of 2009 compared with £8.9BN for the same period of last year.

Encouragingly there is some lending but we are still a long way from where we were!

Get one over on the bank!!

Landlord Assist have been made aware of a very interesting story:

Once highly leveraged investor who has lost the support of his bank and control of his portfolio has struck an interesting settlement with his lender.

Guarantees he had provided have been allowed to slide on the understanding that he will go away quietly.

Buy to Let improving?

The buy to let market is showing signs of stabilisation with the levels of mortgage arrears and defaults improving.

The Council of Mortgage Lenders figures for the last three months show that 29,400 mortgages were in arrears of three months or more representing 2.5% of all buy to let mortgages. This is down from 3% in the previous quarter.

Given that interest rates are likely to remain low in the short term, landlords are able to get a decent yield and clear some cash after the mortgage is paid each month.

perhaps you should take a look and see what is available!

Letting to Minors

We, at Landlord Assist, are often asked about the issues relating to renting to a minor. Generally people are advised that anyone under the age of 18 is unable to hold a tenancy. This is not strictly true in that the law of equity will permit contracts of necessity such as accommodation.

Landlord Assist provide advice on all landlord and tenant matters so do give us a call!

Electrical Safety in rented properties

Following the death of a mother of two, electrocuted whilst running a bath, the Electrical Safety Council is calling on landlords and tenants to undertake basic but essential checks to ensure rented properties are safe.

Each year there are approximately 30 deaths and 4,000 injuries from electricity in the UK.

It is recommended that the electrical installation is tested at least every five years.

Landlords should be reminded that they have a legal obligation to ensure that the electrical installation in rented properties is safe.

A new guide for landlords has been made available and can be found at www.esc.org.uk

Be aware of the law

An undercover BBC investigation in Lincolnshire showed letting agents in Boston, Lincolnshire using illegal techniques to stop foreign workers viewing properties.

BBC North made the report following complaints from a Polish Worker who claimed he was rejected by agents when he was looking for a home to rent.

Landlords and Letting Agents should remember that they cannot discriminate on the grounds of race, religious belief, gender, sexuality, disability or nationality.

It is the view of Landlord Assist that racial discrimination is appalling behaviour which may be illegal and we will not assist a landlord in evicting a tenant due to purely discriminatory motivations.

higher rent may mean higher arrears

Landlord Assist, the nationwide tenant referencing firm have revealed interesting data which suggests that those paying higher than average rents are falling into arrears of rent.

Graham Kinnear, MD of Landlord Assist explains "Many landlords take the view that one property at £1,000 per month is less management and repair than two at £550 per month although the situation appears to be changing as higher earning tenants are being made redundant and bearing the brunt of the economic slowdown"

This sentiment is mirrored by a report by Corporate Landlord LSL who state that tenants in the UK who pay 76% or more of the country’s average rent are falling into arrears while only six months ago those who paid lower rates – normally 66% of the average- were far more likely to find themselves accumulating debts.

Landlord Assist appeal to landlords to get all their tenants referenced prior to handing over the keys. Stephen Parry of Landlord Assist details "Our charges for referencing start at only £9 and will go a long way to ensuring that the tenant is likely to be able to pay the rent" We are always staggered that landlords can hand over keys to their properties after one meeting – it really is a false economy. For the sake of a few pounds and a 24hour wait landlords could have a comprehensive report on their prospective tenant.

Landlord Assist also provide an LP+ scheme for landlords and letting agents who use Landlord Assist for their referencing which will indemnify the landlord against any legal costs associated with the eviction of their tenant.

tenants facing eviction

Housing Minister John Healey has set out plans to give legal protection to tenants vulnerable to being evicted if their private landlord is repossessed.

Shelter UK says they have been inundated over the last 12 months with tenants whose landlords properties have been repossessed.

Over 100 MPs have signed an Early Day Motion calling for changes to the law culminating in the announcements by Mr Healey.

Despite acting only for Landlords, Landlord Assist, considered by many in the industry as the market leading firm in tenant eviction and rent collection, support this view in the interest of fairness and reasonableness.

According to Graham Kinnear, MD at Landlord Assist, when mortgage borrowers have let their properties without the knowledge or consent of lenders, tenants currently have very few rights if the property is repossessed.

Recent research made available to Landlord Assist details that between 2,000 and 3,000 households could be affected this year alone.

Landlord Assist feel strongly about the situation as Stephen Parry, Director, explains: Provided the tenant complies with the terms of the lease the landlord is obliged to give at least two months notice that they wish the tenant to leave. Accordingly it is not unreasonable to suggest that a similar layer of protection should be provided to the tenant when landlords have their properties repossessed.

Recent cases have included a lone parent with two children who had been renting a property for 10 months. She returned from holiday to find the locks had been changed and there was a notice announcing that a possession order had been made. A further example was of a male pensioner who had no rent arrears throughout his 4 years in his rented accommodation. He could not find alternative accommodation and has therefore made a homelessness application.

Landlord Assist have, over the last 12 months, seen a 240% increase in the number of tenant eviction cases that it undertakes with the primary reasons for eviction being rent arrears and anti social behaviour. Landlord Assist believe that the law should be resourced to allow landlords to quickly recover property from tenants who will not pay their rent yet allow not less than two months for tenants where they have complied with the lease in its entirety.

Landlord Assist provide free, no obligation advice to landlords on all landlord and tenant matters and can be contacted on 08707 662288 or via their website www.landlordassist.co.uk

Rent Act 1977

A recent court case dealt with a landlord trying to gain possession of a property where the tenant had resided for 45 years.

The appellant and her husband were protected tenants having moved into thheir apartment in 1963. Six years later the property was bought by a third party. They then wished to sell the property with vacant possession.

They purchased another property approximately a mile away and offered it to the appellant however they did not want to move.

The court held that the accommodation was reasonable and accordingly made an order to that effect.

The tenant appealed and the appeal was allowed as it was held, inter alia, that moving elderly residents would remove them from a local, village like community in which they played important roles, where they enjoyed friendships which could not be replicated in the new flat.

It is argued that when determining the reasonableness of making a possession order, the relevant question is not whether it is reasonable for the landlords to seek possession but whether it is reasonable for a court to make an order

Fall of Buy to Let Broker

Lancashire based Dylan Harvey Residential has collapsed into administration. The group which acted as broker for Buy to Let Investors included 500 private investors who had paid £6.5M in deposits for off plan apartments.

Private Rental proposals

Plans to create a private rented residential sector have been thrown into doubt after it emerged that the government could drop proposals to guarantee the rent of investors unlet properties.

The Homes and Communities Agency told investors last week that alternative plans were now being considered because of the potential cost of underwriting rent on thousands of empty properties.

In June over 60 parties registered interest for the scheme on the basis that 90% of the rent would be guaranteed for 3 - 5 years.

It is suspected that the guarantee will be watered down to a more grant led scheme

tenants unaware of deposit legislation

Research conducted recently suggests that as many as 400,000 tenancies have unprotected deposits.

More worrying is that many tenants and landlords are completely unaware of the legislation surrounding deposits and only discover the deposit should have been protected when things start to go wrong. The average deposit in the UK is now £1,000.

Landlords are urged to research their obligations to avoid a potentially expensive court attendance with their tenants.

landlord Assist provide free, no obligation advice on all tenancy matters and can be contacted at info@landlordassist.co.uk

Rise in landlord rent Arrears

Research has detailed that 30% of landlords have experienced rent arrears in the last 12 months. This latest quarterly survey shows that out of 500 private landlords polled in June, 30% had suffered rent arrears against a figure of 21% for the year before.

It was further revealed that out of those with arrears 38% of landlords used the deposit to cover missed rent while 32% have chosen to evict their tenant.

On a positive note, 19% of landlords surveyed thought the prospect for rental yield in the next months is good and 17% believe that the overall lettings prospects are very good.

Energy Performance Certificates

The National Landlords Association has claimed that landlords are questioning the benefits of Energy Performance Certificates claiming that the information is being ignored by prospective tenants.

All tenancies in England and Wales created or renewed on or after 1 October 2008 are required to have an EPC which measures the efficiency and energy performance of a dwelling based on a number of criteria.

It is claimed that many tenants are unaware of the legislation and further feel it does not influence which property they ultimately select to live in.

Recent press releases have indicated that should the Conservatives return to power then the Home Information Pack may be shelved however legislation already in place means that the obligation for Energy Performance Certificates will continue.

Landlords suffer slump in property values

Research from Sainsbury's finance has detailed that private landlords have seen the collective value of their properties fall by a staggering £118.4 billion between the first quarter of 2008 and the same period this year.

This staggering statistic represents £324 Million per day.

Many landlords are re-entering the market as a result of these price falls and increased yields from Buy To Let however many landlords have been so badly burned in the recession that they are unlikely ever to return to the Buy to Let Market.

Squatters move in to £30M House!

Squatters have allegedly moved into a super mansion in a road dubbed millionaires row. The squatted house is in the Bishops Avenue area of London and local estate agents think it could be worth up to £30Million.

Bought an investment property??

Landlords acquiring property with tenants already in situ should be aware of their obligations prior to trying to evict the tenants. Courts require proof of title and the tenant under the Landlord and Tenant Act is entitled to be notified of an address for proceedings.

Landlord assist provide free no obligation advice so call them to ensure the correct process. This is far more preferable than realising the mistake once you get into court!

Landlord Assist can be contacted at 08707 662288 or via email at info@landlordassist.co.uk

Fire Safety in Residential property

Two landlords of bedsit accommodation in North London have been sentenced to six months imprisonment and ordered to pay £5000 costs each for breaching fire safety legislation. The prosecution followed a fire on 31 March 2007 at a house in Hampton Road N8.

The landlords were prosecuted after pleading guilty to several breaches of the Regulatory Reform Fire Safety Order 2005.

The breaches included inadequate fire detection systems, lack of fire doors, no emergency lighting, lack of fire fighting equipment and no fire risk assessment having taken place.

The landlords were served with an enforcement notice but no remedial action was taken

yields are improving for landlords

Landlord Assist the nationwide tenant eviction and rent recovery firm are seeing an increase in the number of their clients adding to their portfolio. Graham Kinnear, MD at Landlord Assist is convinced that investors are returning to the market attracted by the double digit yields that are becoming available again. Kinnear continues "We have a Client who has just secured a block of four 1 bedroom flats for investment which provides an initial gross yield of 16% - these figures would have been impossible to obtain pre recession. Many of our Clients are doing deals on properties and portfolios which give a 10% yield. This is set against an average rental yield in the second quarter of 2009 of 6.4%"
Another facet appears to be the emergence of the so called "Silver Spenders" those approaching or in retirement who are receiving a derisory return on their bank balances and pension who decide to improve their retirement income via Buy To Let. An enormous number of properties being sold at auction are attracting these cash rich purchasers keen for a bargain. One such individual being Mrs Horlock who has recently acquired two apartments in Battersea at £145,000 each which rent at £1750 per month each giving a yield of 14%. Landlord Assist evicted the tenants that she inherited upon purchase and the new tenants have paid their rent on time since moving in around March this year. Mrs Horlock states "Landlord Assist were wonderful in evicting the non paying tenants which may have been why I got the flats so cheap in the first place. The new tenants were referenced by Landlord Assist and are wonderful and the additional revenue has really boosted my retirement income"
Kinnear continues "No one has ever suggested to me that property is not a good investment vehicle. In many areas of the Country we are seeing rallying tenant demand and yet still subdued capital values and accordingly now is the time to buy" Stephen Parry, Commercial Director at Landlord Assist agrees "It is implausible that yields can reach 20% and therefore we feel that Capital Values will improve over the next 18 months with yields settling at approx 8 percent and perhaps around 6.5%in London"
Obviously key to maintaining the yield of your investment is the collection of rent. Landlord Assist suggest that where rent is not forthcoming or other tenant obligations are not adhered to the landlord should take swift action as these situations rarely correct themselves.
Landlord Assist act for hundreds of letting agents, corporate and private landlords throughout the UK and work on the basis of fiercely competitive fixed fees. They offer free telephone advice on 08707 662288 or via email at info@landlordassist.co.uk

squattors posing as house buyers

Richard Jerome was jailed this week for his role in a scam whereby he and his wife posed as wealthy house buyers and once they had selected a property would ask the vendors if they would rent them the house until the sale went through.

In March 2006 they offered £250,000 on a house in Milton Keynes. It took 12 months for them to be evicted via the County Courts. Their next target was a £550,000 house also near Milton Keynes again they rented the property while the sale was going through and ended up being evicted 6 months later.

The Judge took the view that Mrs Jerome played a secondary role. No confiscation order was made as the couple have no assets.

Detective Sargeant John Baston of Thames Valley Police said the sellers had to haul them through the county courts, a process that took months in each instance and caused great distress.

Manic Monday!!

According to the Deposit Protection Service, the only custodial scheme approved by the Government, 288 deposits were lodged last Monday which equated to £1.5M in a single day!

In total since its launch in 2007, 640,000 deposits have been protected worth in almost half a billion pounds.

Letting Agents terms and Conditions

The recent court case of the Office of Fair Trading v Foxtons Limited addresses the issue of an agents terms and conditions and in particular the subject of renewal commissions.

This blog is not meant to be anti-agent as in our experience the letting agents we deal with are a very professional and nice bunch however for those who charge a renewal commission without resigning the tenant there is an argument that this really is money for old rope!

Landlord Assist work with literally hundreds of letting agents providing referencing and eviction services throughout the UK and in our experience an increasing number are shelving renewal commissions. For those who still operate this practice heed should perhaps be taken of ARLAs guidance which states that renewal commissions can be charges however the commission clause should be at the head of the terms and conditions in bold text.

What appears apparant is that the Foxtons case will be in the fore of a County Court Judge's mind in any proceedings relating to renewal commission.

Landlord Assist's view is that provided the terms are made clear to the landlord and that the charges made for the work involved are reasonable then a landlord should be quite satisfied with the agents service offering.

Officials to target Landlords

Property Landlords are set to fall under greater scrutiny if suggested changes in taxation come into force.

Th eInland Revenue is wanting additional powers which would compel letting agents to reveal details of all previous clients whether they were let only or management clients.

Peter Bolton King states "while this push by the revenue has the potential to catch a lot more landlords out it will also create more work for agents in terms of their record keeping"

If the Revenue obtain these powers they could be in force by the beginning of the next tax year. The revenue are also searching for blacklist powers. Landlords could find themselves on the blacklist if they have understated their tax by £25,000 or more.

Buy to let landlords are being urged to come forward if they have undisclosed income. The revenue detail that this will mitigate penalties which may apply to those who have unpaid tax in the past.

rental woes revealed

The Association of Residential Letting Agents has revealed that two thirds of its members have reported a rise in the number of tenants having difficulties paying their rents over the past six months.

Landlord Assist are in agreement with the research and confirm that their business levels are significantly up on last year.

Landlord Assist are keen to work with more letting agents throughout the United Kingdom and accordingly await their call!

The receivers Viewpoint

Denise Ford, Chair of the Association of Property and Fixed Charge Receivers says "I have heard of courts granting possession orders and evicting tenants mid way through their tenancy. That is not legal, provided the tenants are paying their rent and abiding by the terms of the tenancy. They should go to the court hearing and object"

Of course there is the tricky situation of cases where the borrower has not informed the lender that the property is rented out. In these cases the tenancy agreement is often not binding on the lender and the tenant can find themselves without much to fall back on.

Renting to Under 18s

A case has recently been through the Court of Appeal .

A local authority made the mistake of entering into a standard tenancy agreement with a minor and when the minor fell behind with the rent and refused to vacate the property the local authority took the matter to Court.

The Court of Appeals ruled that because an ordinary agreement had been entered into, the landlord was acting in the capacity of trustee for the child and it was therefore a breach of that trust to seek to evict them. In a further twist the court ruled that notice to quit served on the tenant was ineffective because as trustee for the child the landlord should have served the notice on themselves.

The changes in care arrangements for minors mean that many local authorities are encouraging minors to enter into private tenant agreements.

Tolerated trespassers

For about 10 years the courts have had to ensure the tolerated trespasser concept following the decision of Burrows v Brent London Borough Council.

This concept has been removed largely as a result of Schedule 11 to the Housing and Regeneration Act 2008. From that date there can be no tolerated trespasser and many existing tolerated trespasser were automatically granted replacement tenancies.

One recent case is the Appeal ruling on Austin v Southwark London Borough Council where it is determined that where a tolerated trespasser has died prior to 20 May a family member cannot succeed to the former tenancy.

Help for tenants in arrears

A programe has been launched in Norfolk to assist those who are struggling to stay on top of their rent.

The Housing Arrears Pre Action Scheme means that people building up arrears of rent are identified by Norwich City Council and invited to meet with an advisor from the Norfolk Community Law Service to find a solution to avoid eviction where possible.

The scheme apparantly involves liaising with the landlord to reach an agreement together with assistance in claiming any benefits that they may be entitled to.

Landlord Assist have not been approached with regards to this scheme however would be happy to be engaged by Norwich Council to offer advice and assistance to Landlords whose tenants are being aided by this scheme.

If anyone from Norwich Council is reading this we would be pleased to hear from you!!

Widow loses deposit case

An 81 year old landlord suffering from dementia was sued in court relating to a tenant deposit.

The court in favour of the tenants even though the deposit had been protected. The claim related to the fact that the prescribed information had not been supplied to the tenants.

Section 214 of the 2004 Housing Act allows tenants to raise claims against their agent or landlord however in this case the landlord was sued for three times the value of the deposit plus costs and interest.

The landlord now needs to pay the judgement award within 30 days.

Landlord Assist offer free, no obligation advice on all landlord and tenant matters including tenancy deposit legislation. They can be contacted at 08707 662288 or info@landlordassist.co.uk

Landlords Beware!

There is a new scam on the internet relating to rented property.

Landlord Assist are aware of reports asking prospective tenants to demonstrate they can afford to pay a deposit by transferring money to a friend or relative using a money transfer agent.

We understand that they are then asked to send a scanned copy of the transaction receipt as proof which is then used for the criminal to collect the money before the friend or relative does.

Landlord Assist urges Landlords and tenants to be vigilant and enquire of a prospective landlord how the deposit will be administered.

Landlords still losing their investments

The Council of Mortgage Lenders have released figures showing that 1,700 Buy To Let properties were repossessed by lenders in the first three months of this year. If one adds the properties where lenders have appointed a receiver the figure rises to a staggering 4,100.

According to Landlord Assist, the nationwide tenant eviction firm the process of appointing a receiver is increasingly popular with lenders. Graham Kinnear, MD of Landlord Assist confirms the position "Many of our Letting Agent Clients are managing properties on behalf of receivers and accordingly the rental obtained is forwarded straight to the lender"

The figures mean that 0.35% of Buy to Let properties have been repossessed which is more than three times the rate in the owner occupier market and explains the difficulties many are facing in obtaining buy to let finance. Stephen Parry of Landlord Assist states "recent figures detail that in September 2007 there were 3662 different buy to let products available and yet now there are just 218 which is a reduction of almost 95%"

Graham Kinnear comments "the current take up of Buy to Let mortgages is running at about 90,000 per annum compared with the 2007 figure of almost 350,000. Landlords who remain in the sector may therefore see less competition between properties and greater tenant demand which will result in increasing rents and therefore improving returns for landlords"

Landlord Assist act for private landlords, letting agents and corporate bodies and provide advice and eviction services throughout the United Kingdom.

Rent arrears of £254 Million

Tenant arrears are soaring according to Landlord Assist the nationwide tenant eviction and rent recovery firm. Recent statistics details that by May 2009 UK tenant arrears totalled £254 Million equivalent apparently to 12% of the country’s rent payable that month.

Graham Kinnear, MD of Landlord Assist details that, according to research, 557,170 tenants had not paid their rent and one in seven of those were over two months in arrears. Under the legislation Landlords can service notice on a tenant whose rent arrears are 2 months and accordingly 133,000 are facing eviction.

Staggeringly the figures do represent a mild improvement on the situation in 2008 when the first impact of job losses and the like was being felt. Figures for November 2008 detail that £278 Million was owed in rent equivalent to almost 14% of all rent due. At that time over 150,000 people faced eviction.

The research notes that Wales is the worst place in the UK to be a landlord as the arrears of rent are the highest of any part of the country. Landlord Assist operate throughout the UK and their statistics do not concur with this view.

Stephen Parry of Landlord Assist explains "Whilst we are regularly undertaking evictions in Wales this is for us by no means a hot spot. Generally speaking our work is reasonably evenly spread across the major conurbations of the UK"

Landlord Assist offer free, no obligation advice to landlords and can be contacted on 08707 662288 or via email info@landlordassist.co.uk