The Must-Known Legislation To Let A Property Compliantly

Landlords, are you aware of the two main pieces of legislation that you need to comply with to remain safe and compliant? 

In the ever-changing private rented sector, it can be difficult to keep up with the latest laws and regulations that govern this space. However, failing to meet the government’s requirements can result in serious consequences in the form of; notices, fines and prosecution.

That’s why we at Concentric Sales and Lettings are focused on helping you get the compliance information you need on all aspects of Landlord law. In this blog, we’re going to dive deeper into the two pieces of landlord legislation designed to ensure the safety of your tenants within your private rented properties. These two laws are The Landlord and Tenant Act 1985 and the more recent Homes for Fitness & Habitation Act 2020.

 

The Landlord and Tenant Act 1985

Section 11 of the Landlord and Tenant Act 1985 details a landlord’s obligation for repairs. Simply put, as a Landlord, you must ensure the safety of your rented properties.

Specifically, you must ensure that the air, space, water, and heating of the property are properly maintained and kept safe. The law also clearly states that you must carry out repairs on your properties as and when they are due. 

This brings up the question – when are repairs due? 

The legislation states that repairs should be carried out on a “reasonable timescale” based on when you are first notified of the repair requirement. “Reasonable” is somewhat subjective and difficult to define but generally depends on factors such as (a) whether or not the tenant is living in the property and (b) whether or not the severity of the repair warrants an urgent response.

Major repairs (as in water gushing through a ceiling) are required to be acted upon immediately. You, as a Landlord, should take all reasonable steps to carry out any maintenance work or repairs to the best of your ability. Some repairs may take time to be rectified, but as long as you have taken the steps that you can take, the law will consider it reasonable. 

 

Protect Yourself Against Claims

We recommend that you always act as quickly as possible when carrying out repairs for your tenants. This is not just for the comfort of your tenants within your rented property. It is also one of the best ways to protect yourself from potential claims that the tenant may choose to pursue against you. 

Under the law, tenants have the right to report any outstanding maintenance issues to the local authority. The council may then decide to carry out a full inspection which can often lead to a much longer list of repairs. 

It’s important to remember that you are not the only person given responsibilities under Section 11. Tenants are also obligated to “behave in a tenant-like manner”, meaning that they are required to take care of the normal maintenance activities that keep the property clean and functional. This includes things like changing lightbulbs, keeping the drains clear, cleaning the gutters, and other similar activities. Now that we’ve covered the first piece of legislation for landlords let’s cover the second, more recent law. 

 

Homes for Fitness & Habitation Act 2020

This law does not replace the one we’ve discussed but creates additional rights and responsibilities. Generally, it focuses on areas that are not necessarily covered under the Landlord and Tenant Act 1985. There are two key factors you should be aware of when it comes to this law. 

First, this act gives tenants the right, for the first time, to take a Landlord to court for not maintaining their repairing obligations. The government has removed the requirement to first go to the local authorities and has enabled the tenant to go directly to the courts. Landlords must be aware of this change.

Secondly, Landlords are now responsible for hazards and repairs within communal areas throughout the tenancy. You are obligated from the moment the tenancy begins through to the conclusion of the tenancy to ensure that the property is fit for human habitation at all times. The only way to achieve this is through regularly inspecting the property. You must not rely on tenants to report repairs because they do not always do so. 

 

Final Thoughts

Your main focus as a Landlord should be to ensure that your tenants are safe at all times. Failure to comply with these laws can result in; prosecution by the tenant in court, penalties issued by the local authority, fines, and improvement notices that can restrict your right to gain possession of your property. 

With over 170 different pieces of legislation regulating the private rented sector, you may be wondering how to be compliant as a Landlord. 

Fortunately, we have created several resources to help you stay safe, compliant, and up-to-date. That’s why we run a quarterly webinar hosted by Dawn Benett, where we spend 2 hours diving deep into various pieces of legislation that you need to know about. Click here to register for FREE today!

Build To Rent

In recent years, there has been significant growth in the build to rent sector, which reports suggest will see heavy investment over the coming months and years, as the demand for privately rented properties hits an all time high. So, what exactly is the build to rent phenomenon, and could it be a threat to private landlords in the UK? Let’s take a look.

Build to rent explained

We’ve seen for a while now that the home-ownership rates have been falling, as people are finding it much more difficult to secure a mortgage, and indeed save for a decent deposit to buy a home. Alongside this, factors such as population growth, changes in the economic landscape, and a shift in people’s perception of the rental market have all contributed to the recent demand for more privately rented housing, not least so in the social housing sector.

While this has been a good thing for landlords, we’ve also seen some major changes in legislation, brought in to protect tenants, but which has left a lot of landlords wondering what the future holds. And there are some big players who have caught on to this, making build to rent an attractive option.

Following the announcement back in 2017 by Sajid Javid about plans to reform the housing sector by building new homes to keep up with the huge demand, we’ve seen a lot of new properties spring up in cities, towns and villages all over the country, and this is one of the key things that has allowed the build to rent movement to take such a big leap forward.

Rather that homes being built to be bought by landlords looking to rent them out, it has given the opportunity for companies to invest in properties built specifically for the rental market.

Corporate clout

There are some big players putting up the money for build to rent projects, and the worry is that the average landlord isn’t going to be able to compete with such competition. Remember that changing tenant perception we mentioned earlier? People in general have a much higher expectation when they’re looking for homes, because whereas before rentals were perhaps seen as a temporary move while they saved for their own home, rental properties these days are more permanent. And so tenants need homes that will allow them to grow, raise a family, and do so with all of the convenience and comfort expected in a modern home.

In this, landlords have a much higher standard to live up to – you can no longer get away with poor décor, inadequate kitchens and bathrooms, and shoddy finishes. Your tenants are looking for longer-term accommodation, and so will need a home that will stand the test of time.

And this is really where the corporate investors are able to put their money down and give the tenants what they need. Where does that leave private landlords, though?

The options for private landlords

It’s been estimated that a massive £75 billion will be invested to the professionally managed private rented sector in the UK by 2025. That’s due to the growing demand for housing across the country. It’s a big number, and it’s even bigger if you consider that right now, there are huge numbers of individual landlords exiting the property market.

Lettings is an increasingly difficult industry to be in, and it’s tough for landlords. There’s no denying that. And yes, there are landlords out there who are struggling, who can’t keep up with the changes in legislation, and are taking a huge hit in income after the introduction of the Tenant Fee Ban earlier this year. But for those of us who are fighting through it, and despite everything, are determined to maintain growth and make thongs better for our industry, what does the future hold? Are we doomed to be held at ransom by these big companies?

Well, I doubt it – and here’s why.

On the whole, the build to rent sector is aimed at a specific client. You’d find, in reality, that many build to rent properties tend to be either blocks of flats, which are quick to build (and therefore quick to start getting a return on), or small units of apartments aimed at people like students, single people, young couples, or the retired community (who typically downsize when they retire or are widowed).

That’s not, in most cases, the market we aim for as landlords. We know that our income mainly comes from the other end of the scale – those who are starting on their career path, and are growing their families. Those who are looking for a family home, where they can stay long-term.

So really, there are two possible options. And these depend on your long-term needs.

Investing

It might be that you’re in a position where you’ve either grown a successful portfolio, and are looking to expand your growth in other directions. Or you might see the benefit of selling up, and putting your money into something which gets you a guaranteed return for little effort.

And yes, there are benefits to investing in build to let, if you’ve got the funds to do so. Perhaps you are one of those landlords mentioned earlier, who are seriously thinking about exiting the market in this difficult new landscape. In which case, placing yur cash in something like build to rent could be a viable option.

Sticking with the current market

Your other option, of course, is to put all of your efforts into that portion of the market you know so well. If you still have that passion for the game, and are prepared to ride out the changes, evolve with them, and push through in order to grow your current portfolio, then the option to stay true to yourself and stay on your chosen career path is what you need to focus on.

I think it’s vital that there are landlords still prepared to cater for this niche, as there will always be the demand for good, well maintained, family homes. And that’s really what we are here to deliver. And if we can do that with professionalism and a personal service, then we are doing justice to our industry.

Are More People Renting In Their Home Towns?

There have been several reports recently suggesting that young people are opting to rent closer to where they grew up, rather than relocating to search out better job prospects. These same reports say that this is largely down to the steep rise in rent over the past 20 years – but how true are the claims, and what does it mean for landlords with properties in less affluent areas of the UK?

What the report says

Young people between the ages of 25 and 34 were surveyed, and the facts show a drop of 40% in the number of people in that age group who chose to relocate to find better paying jobs. Instead, they were opting to stay either in their home towns, or where they attended university.

As has always been the case, the big bucks are found in the bigger cities, such as London, but more and more young people are finding that even if they land on of these high-paying jobs, the additional salary earned will be swallowed up by the high rents. In this, they are finding that taking jobs which pay less, but are in smaller towns, is their only option.

An overview

The report shows that back in 1997, people moving from the suburb of Telford to Birmingham could expect a 14% increase in median income, but in 2018, that had dropped to -1%, after taking into account rental payments.

The story is the same across the country – Scarborough to Leeds sees a drop from 29% to 4%, and East Devon to Bristol drops from 19% to 1%.

And, it seems, that young people who already live in larger cities are being forced out and are looking for opportunities is smaller towns and suburbs in order to afford better housing.

Young people are no longer footloose

There is a belief that young people are able to pick and choose where they work, and are attracted by the higher salary jobs in bigger cities, but this research is suggesting that this trend is very much in decline. People are realising that if they want to take these jobs, then they are in fact less well-off due to the price of rents in these areas. This means that they are often searching out similar, lesser paid roles in their local towns, where they will get more for their money, and are able to have more cash in the bank.

Out-of-City landlords

There are some city-based landlords who are choosing to diversify and buy properties to rent in other areas, and trends suggest that those landlords who do have properties in these areas are beginning to see local young people and families are more likely to stay within their hometowns, and also rent for much longer terms.

This could be great news if you already have a portfolio of properties in these areas, because it means that more young people will be settling in these towns, and therefore are more likely to raise families there.

Those areas which are within easy commute to cities such as London, Birmingham, or Manchester, for example, offer tenants the option of lower rents, while still being able to commute to city jobs, and so giving them the best of both worlds so long as they can afford it. But there are still a proportion who opt to work for localised companies, and so towns which can offer affordable housing with the promise of jobs are the ones who will fare best.

A new era for letting

With a massive 5.5 million renters saying that they are simply unable to afford to buy their own property, we are truly in an era where we, as landlords and agents, are in high demand. And if we can offer tenants affordable, high quality homes in areas where they can be assured of good job prospects, lower commutes, and closer to their family and friends, then it’s a win-win situation.

Private Residence Relief Changes

Did you know that when you rent out all or part of your home a Capital Gains Tax (CGT) charge may apply when you sell the property? Currently, HMRC exclude the last 18 months of your ownership – even if the property is let for this time – when assessing any CGT liability. However, in a draft of the Finance Bill released earlier this year, HMRC have confirmed that this 18-month period will be reduced to 9 months from April 2020. Disabled property owners, or those in a care home, will continue to be exempt for 36 months.

The Finance Bill also outlines a change to the letting relief rules…

Letting relief is an extra deduction you can make from any CGT payable when letting your home. Under the rules, you can claim the lowest of the following three amounts:

  1. The same amount that you can claim as private residence relief. 
  2. £40,000. 
  3. The same amount as the chargeable gain you made from letting your home. 

From April 2020, you will only be able to claim this letting relief if you are in shared occupancy with the tenant.

Property owners that are considering the sale of their home – which is or has been let for any period - may be advised to complete their sale before April 2020. In this way they will benefit from the 18 month exemption and the more flexible lettings relief.

Latest Changes To Private Residence Relief

In July the Government confirmed its plans to change the way that Capital Gains Tax (CGT) is calculated for properties that are part or fully let. Currently HMRC excludes the last 18 months of your ownership, even if the property is let in this time, when calculating Capital Gains Tax due. From April 2020 this period will reduce to nine months (the exemption excludes disabled property owners or those in care which remains at the present 36-month period).

In addition, currently you can claim letting relief as an extra deduction from any CGT payable as a result of letting your home. You can claim the lowest of the following three amounts:

From April 2020, you will only be able to claim this letting relief if you are in shared occupancy with the tenant.

If you let part or all of your property and are considering selling it, you may be better doing so before April 2020 to minimise any CGT payable by benefiting from the 18 month exemption and the more flexible lettings relief.

To find out more about this article please contact us.

Landlord Rental Income Expenses

If you are a landlord or have a portfolio of properties, you can claim ‘wholly incurred’ expenses against your property income. Expenses must follow the standard HMRC guidance and the expenses must be exclusively for the purpose of renting out the property.

 

HMRC provide a number of examples of allowable expenses including:

If you buy a new vacuum cleaner for your own home, and also use it to clean your rental property between tenants, you can’t claim the cost of the vacuum cleaner as an expense against your rental income.

However, you could claim the cost of any cleaning products you bought specifically for cleaning the rental property.

Where costs are incurred partly for your rental business and partly for some other purpose you may be able to claim a proportion of that cost if that part can be separately identified as being incurred wholly and exclusively for the purposes of the property rental business. More information on this is in the next section.

 

Allowable expenses include:

 

Expenses you can’t claim a deduction for include:

Tenant Fees Ban. How will landlords and tenants be affected?

Tenant Fees Ban. How will landlords and tenants be affected?

The new Tenant Fees Act comes into force on the 1st June 2019. So what is it? And how will it affect landlords and tenants?

 

What is the new Tenant Fees Act?

In a bid to reduce the charges that tenants pay from the start of the renting process, the new Tenant Fees Act caps the amount that renters can be charged for their deposits and bans letting fees altogether. Specifically it requires that:

Alongside rent and deposits, agents and landlords will only be permitted to charge tenants fees associated with:

 

How will it affect landlords?

Landlords (and Agents) will only be able to charge for 'reasonably incurred costs' and will have to provide evidence of the costs before they can be charged to a tenant.

Any landlord (or Agent) ignoring the ban on letting fees risk facing a fine of £5000.

 

How will it affect tenants?

The changes are good new for tenants. Currently tenants face a range of charges such as admin fees, tenancy renewal fees, referencing fees and credit check fees to name but a few.

From the 1st June 2019, landlords will be responsible for meeting the costs associated with these fees. The only charges that can be made will be:

All other fees will be banned.

Getting ready for the January sales & lettings bonanza

Historically, the Christmas and New Year holidays see record visits to sites such as Rightmove and Zoopla, with over 1.6m properties viewed online as people escape the Christmas turkey to think about their next move.

Understandably, many people are reluctant to sell or let their property until after the New Year. But, if you are thinking of moving, selling or letting a property in January, can you afford not to put your property in front of potential buyers at this important time of year?

Even if your property is listed with an agent, you don't have to conduct viewings, if you don't want to. The likelihood is that potential buyers or tenants would prefer to wait until the New Year anyway. Instead, get your property listed, so you're ready to take action as soon as the holiday season is over.

Here's what we recommend:

  1. Book your market appraisal now. We can discuss with you a strategy to get your property in front of buyers or tenants by the 21st December, so that your listing is available for all those buyers researching over Christmas.
  2. Get your home ready for selling. Use your preparations for Christmas as a time to de-clutter and to fix those DIY jobs.
  3. Get your paperwork in order. Get your payslips, bank statements, tax returns and employment contracts together, so you are ready to apply for your next mortgage, demonstrate that you have the funds in place for your next property or be able to quickly complete the tenant application process.
  4. Get a surveyor lined up to complete a survey on your property. Unless you are buying a new property, which will come with all or some of  a 10 year NHBC guarantee, chances are that you will need some form of survey completing on your next property. Use the run-up to Christmas to decide who you are going to use and what type of survey you are going to undertake.

If you are thinking of selling or letting before or just after Christmas, planning ahead will ensure you get a head start in the New Year, will ensure your property is in front of potential buyers over the Christmas break and still enables you to enjoy family time without disruption. Voila!

Get in touch today, if you'd like to arrange a free market appraisal of your property.