Are You Protecting Your Deposits?

You might be protecting your deposits, but not all landlords are. According to a survey carried out on behalf of www.money.co.uk, 284,000 landlords haven’t bothered protecting tenants’ deposits, despite the fact that they are obliged to. This is around 15% of all landlords in the UK, which is an astonishingly high figure.

Landlords at Risk
Landlords who don’t protect their tenants’ deposits are leaving themselves at risk. It is now mandatory to place deposits in a government backed deposit scheme within 30 days of receipt. Landlords also have to give their tenants information about where their money is deposited. And if something goes wrong, the deposit scheme gives landlords (and tenants) access to a dispute resolution process.

Renting is a money minefield and with troubled times ahead for the buy-to-let market, the problems caused by ‘dodgy landlords’ are only likely to get worse,” says Hannah Maundrell from money.co.uk.

“While many landlords are doing the right thing and protecting deposits in one of the official government backed schemes, a worrying amount of money is falling through the cracks and far too many tenants are being left vulnerable.”

Compulsory Landlord Register
She is calling for the government to step in and take action, by introducing a landlord register that lists every landlord in England and Wales. Such a scheme is already in place in Scotland and Wales and she believes there is no reason why it shouldn’t work equally as well in the rest of the UK.

Government Announces New Funding Package to Tackle Rogue Landlords

Housing Minister Brandon Lewis has just announced a £5 million pot of cash will be made available to 48 councils to help them tackle the problem of rogue landlords. The pot will be shared between the individual councils.

Beds in Sheds Blight
Beds-in-sheds landlords are a massive problem in some parts of the country. Unfortunately these landlords are very difficult to find, so councils struggle to identify them in order to take legal action. The extra money will enable local council housing officers to conduct more raids on suspect properties, demolish garden buildings, and issue statutory notices.

In a statement published in the gov.uk website, the Housing Minister says:

“Many private rental tenants are happy with their home and the service they receive, but there are still rogue landlords that exploit vulnerable people and force their tenants to live in overcrowded and squalid accommodation.

“We are determined to tackle these rogues, which is why we are providing 48 councils with extra funding, so they can get rid of the cowboy operators in their area and bring an end to tenants living in miserable homes in the name of profit.

“We also want to raise the quality and choice of rental accommodation across the sector. The funding will ensure tenants know what level of service they can expect and have confidence to get help and take action if things go wrong.”

Housing and Planning Bill Proposals
The funding is part of a package included in the Housing and Planning Bill. Other measures include implementing a database of rogue landlords and ‘Right to Rent’ checks.

 

HMRC Targets Airbnb Landlords

Airbnb is a popular short-term rental portal. Owners and landlords can advertise their properties on the site where people looking for a place to stay for one night or more will see the ad and (hopefully) make a booking. In busy tourist areas it is a useful way of making money on the side if you have a spare room or a vacant home for a few weeks, but there are a lot of landlords who use the site to let multiple properties out on a short-term basis.

HMRC on the Warpath
Accountants are now warning landlords that HMRC are about to target anyone making extra money from letting out properties via Airbnb. Any money earned from property is classed as income and must therefore be declared to the tax man. If you are letting out properties via Airbnb, you run the risk of a fine if you don’t declare this income.

“HMRC are under tremendous pressure from the government to increase the tax revenues collected and if they believe that you are deliberately withholding information about a source of income they will look to penalise you,” says Chas Roy-Chowdhury from the Association of Chartered Certified Accountants (ACCA).

Taxable Income from Property
If the rent you receive is a secondary income, you will probably have tax to pay on it, but if you are not sure whether it is taxable or how to go about declaring it to HMRC, it is a good idea to consult with a qualified accountant.

Landlord Fined after Tenant Illegally Sublets Apartment

Subletting a property without permission from the landlord is forbidden. Most landlords include a clause in the tenancy agreement to discourage a tenant from doing this, but it doesn’t always stop the practice from happening, particularly in areas of high demand. In the UK subletting a property can cause all kinds of problems, not least property damage, but in the U.S., subletting is often illegal.

A New York City landlord is suing his tenant after she sublet his apartment without permission and he was fined $61,250 by building inspectors for turning the unit into an illegal hotel.

Landlord Liable for fines
According to local law, the landlord is strictly liable even though the tenant has caused the violation and the landlord was unaware of the problem. In his defence, the landlord says he had no idea the tenant was advertising the unit on Airbnb and because the apartment building didn’t have a doorman, it was difficult to monitor who was going in and out of the unit.

Checks Carried out by Building Inspectors
Short-term renters were found in the apartment numerous times when checks were carried out by city inspectors. The tenant claimed they were friends and family, but at least one group of five said they had found the rental on Airbnb.

The landlord is hoping to claim back $300k to cover his fines and legal fees. He also wants a court order in place to stop the tenant renting out the apartment again.

Has the Buy To Let Bubble Burst?

According to the Council of Mortgage Lenders (CML), the buy to let sector could be heading for a big slump. Changes to the way landlords are taxed is having an effect on an otherwise strong market and the CML believes that the number of people investing in buy to let property is likely to fall over the next few years.

Landlords Considering their Future
Landlords no longer receive higher-rate mortgage interest tax relief and anyone owning a second property will be subject to 3% stamp duty from next April. This, in conjunction with warnings from the governor of the Bank of England that extra restrictions might be placed on landlord lending in order to dampen down the sector, mean than many landlords are considering their future.

The CML says buy to let transactions account for 9% of all property being bought and sold in the UK and 16% of mortgages during 2015. This is a lot lower than in 2006 – 2008. Then the property market became increasingly overheated just before the big financial crash of 2009.

“Future prospects are closely tied to potential macro-prudential regulation and incoming tax changes. We currently expect buy to let house purchase activity in 2016 to fall below its 2015 level, and for activity in 2017 to fall below the level seen in 2014,” says the CML.

Many Landlords to Sell Up
It seems likely that many landlords will be looking to unload their properties before the new stamp duty changes kick in, which will cause higher activity levels in the first quarter of 2016.

Landlords Urged to Check for Signs of Modern Slavery

Thames Valley Police are urging landlords to help them tackle the issue of modern slavery. They estimate that there are around 13,000 victims scattered across the UK and very often hidden in plain sight. Anyone trafficked into slavery in the UK has to live somewhere, so landlords and letting agents are in a prime position to be able to spot the signs.

“We know victims of modern slavery are often forced to live in accommodation with others – frequently in large groups which causes overcrowding,” says Victoria Butler from Thames Valley Police Modern Slavery intelligence unit.

Signs of Modern Slavery
• Frightened and withdrawn occupants who show signs of physical abuse
• The occupants of a property are not those who signed the tenancy agreement
• Occupants of the property don’t have identification documents or a passport

Modern slaves tend to be more prevalent within minority communities, but they may also be classed as vulnerable adults or people living on the fringes of society. Children or adults may be trafficked into domestic servitude, sexually exploited, or forced to work for very little money. They will usually have very few personal effects, be unable to travel freely, and be in a poor physical condition.

Contact the Police
Victoria Butler from Thames Valley Police says: “I would ask any landlord or letting agent to ensure they know exactly who is renting their premises. If they have any concerns about the welfare of those living and working there, or suspicions about the financial arrangements, they should contact police.”

Buy to Let Affordability Squeeze

Barclays is the first of the high street lenders to impose stricter affordability checks on buy to let borrowers ahead of government changes to landlord tax relief benefits. The new, stricter affordability checks reflect fears that many landlords will struggle to make payments on their buy to let mortgages once interest rates rise.

At the moment, rental income needs to be 125% of monthly mortgage payments, but as of Monday 6th December, landlords will need to demonstrate that rental income is at least 135% of their monthly mortgage payment.

A Responsible Lender
“As a responsible lender, Barclays wants to ensure that our aspiring landlord customers can afford the increase in tax liability once these changes come into force,” says Barclays in a letter to mortgage brokers.

The Bank of England is also concerned about buy to let borrowing. They say buy to let landlords will ‘be more vulnerable than owner occupiers to an unexpected rise in interest rates or a fall in income’.

Other Lenders could Follow Suit
Experts are now warning that other lenders in the buy to let sector are likely to follow Barclay’s lead and tighten up their lending criteria.

‘This is a big change from Barclays and could well spark a number of similar reviews from lenders who want to be seen to be taking into account the effect of forthcoming tax changes,’ warns the director of Coreco Mortgage Brokers.

‘With buy-to-let very much still in the crosshairs, it would be no surprise if further action is taken against what is now seen as an easy target.’

Party Landlord Ordered to Clean Up His Act

A Manchester landlord with two apartments in a posh block in Spinningfields has been ordered by the management company in charge of the apartments to stop renting his properties out to short-term tenants.

Party Loving Tenants Welcome
Managers at the up-market apartment building complex claim the landlord has been advertising his properties on holiday websites and attracting party-loving tenants who go out clubbing and then continue partying all night long, often with music blaring out until 5 AM (much to the disgust of residents living in neighbouring apartments).

Neighbours claim there are around 30 parties a year in the apartments, which causes considerable disturbance to them. The landlord disagrees with this assertion. He says that in the ten years since he has owned the apartments, there has only been loud noise “once or twice”.

Injunction Served on Landlord
Despite evidence to the contrary, the landlord has denied renting his properties as short-term lets and claims he only ever rents them to professionals. Unfortunately the management company don’t believe him and have now secured an injunction from Manchester Civil Justice centre to prevent him from letting the apartments out on a short-term basis.

According to the director of the management company: “For a long time we have had issues with people who have been letting out the flats like a hotel and as ‘party lets’. This particular couple advertise them for rental over one night or a week, which is against the rules of the lease.”

However, as the landlord points out, even long-term tenants can be disruptive.

Tenants Willing to Pay More Rent if Allowed to Decorate

A survey carried out by leading insurance provider has revealed that 43% of tenants would be willing to pay more rent if their landlord gave the green light to more personal decorative schemes. On average, tenants said they would pay an extra £149 a year, which equates to £530 million in extra revenue for the private rental sector.

Keeping it Neutral
Currently, only 2% of tenants are allowed to decorate their property how they like, but with so many living in rental accommodation for more than three years, it is perfectly understandable that they want to be able to personalise their home. In many cases, landlords opt for neutral colours when decorating buy to let properties, so tenants have to settle for boring magnolia and cream.

What Else Can’t Tenants Do?
There is a long list of other things landlords stipulate tenants can’t do, including hanging TVs on the wall, fixing pictures and mirrors using screws, and using blue-tack to stick posters up. Interestingly, although only 28% of tenants ask their landlord if they can redecorate, 76% of landlords agree they can, even when it is explicitly forbidden in the tenancy agreement.

“Landlords who allow tenants to personalise their property could be favoured over those who don’t and may be able to command a higher rental price,” says David Hadden from Endsleigh.

“If tenants feel at home in their property they may also have longer tenancies.”

So, would you let your tenants decorate if they were happy to pay extra rent for the privilege?

Landlords Held to Account over Rental Properties

Police in Yeovil, Somerset, have raided a series of private rental properties believed to have been used as brothels. So far so good, but one surprising outcome of the raid is that the police apparently think landlords are responsible for what tenants get up to inside their rental homes.

Police Raids on Landlord Properties
Following the raids, which took place on November 2nd and included a full contingent of police riot vehicles, members of the local fire and rescue, environmental health officers, and numerous bodies on the ground, a spokesperson from Avon and Somerset Constabulary released a statement to the local media:

Landlords Responsible for Their Premises
“Landlords need to take a degree of responsibility for insuring that their premises are safe. They’ve got to make sure that their premises are up to a certain standard.

“This means that all appropriate taxes are being paid by tenants. It also means ensuring their premises are being used for the reasons they’re being rented out for. If it’s a domestic property it shouldn’t be used for a business. Landlords need to make sure whatever is happening is legal.

“We’re taking an approach to say that landlords need to take a degree of responsibility for what is happening. This multi-agency response came after events last month. We used those events to gather intelligence, to check other properties and to check they are being used legally.”

So if that statement is taken at face value, landlords are now expected, amongst other things, to check whether their tenants are paying their taxes?