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!

Should Your Address Be On A Tenancy Agreement?

Landlords, did you know that there are over 170 separate pieces of legislation that directly impact the private rented sector? Here at Concentric, one of our big goals is to help educate you to be able to navigate this maze of rules and regulations so that you can stay safe and compliant. 

While you may prefer not to share your residential address with your tenants, did you know that there are laws that govern whether or not you are permitted to withhold your address? The two main rules that apply to your address are Section 47 and Section 48 of the Landlord and Tenant Act (1985). Let’s get into them. 

 

What Section 47 Means To Your Tenancy Agreements

Let’s start with Section 47. Section 47 of the Landlord and Tenant Act of 1985 states that a landlord’s address must be present on all documents that are, in fact, a demand for payment. The document that most commonly falls within the purview of this legislation is your tenancy agreement. This means that you, as a landlord, have a legal obligation to include your residential address on your tenancy agreement. Is your address present on your agreement currently? If not, you could be falling foul of this regulation. What does this mean? 

Your tenants are not legally liable or responsible to pay any rent they may owe you until you have shared your residential address. The law is clear. If you’re using an agent, you are not permitted to use your agent’s address. Rather, the address on the agreement must be the landlord’s residential address, wherever that is in the world. The reason this legislation applies to the tenancy agreement is that it is, in the eyes of the law, a demand for payment. Until and when you have provided your residential address, the tenant does not legally have to pay. It makes sense that you, as a landlord, may feel some reservations about having to share your home address with your tenants. However, in the private rented sector, this is a given right that the tenants have been legally granted. Section 47 grants tenants the right to identify the person from whom they are renting. 

Moreover, if the tenant makes a formal demand, in writing, to you as the landlord or your agent, each party is obligated to respond to that request within 21 days. As we have already mentioned, failure to supply the information within that timeframe could result in the tenant refusing to pay rent until the information requested has been provided. In that situation, the tenant would be in their full legal rights to withhold payment from you, the landlord. 

 

Why You Need To Know About Section 48

The other significant rule that impacts whether or not a landlord must share their address is Section 48 of the same law. Again, this section focuses entirely on the landlord’s address. However, in this case, the legislation refers to an address being given to a tenant in England or Wales for the sole purpose of serving notice to that tenant. In this case, landlords have more flexibility, as the address can be that of your agent or your place of business, depending only on your preference. If you are a company landlord, then the address to provide tenants, under this section, would be the registered address of the business.

Ultimately, these sections of the Landlord and Tenant Act of 1985 do not carry penalties or fines if you are in violation. However, that does not mean that they are inconsequential. The ultimate penalty could be that your tenant simply chooses not to pay the rent. In that event, the law would not require the tenant to pay until the residential address of the landlord was provided. 

 

Conclusion

To recap, Section 47 places a clear obligation on landlords to provide their residential address to their tenants on their tenancy agreement and on any other documents that are payment requests. Section 48 requires that landlords share their business address (or the address of their agent) when serving notice to tenants, only when the tenants reside within England or Wales. 

We hope that you’ve found this information useful. It’s important to always stay informed about legislation so that you can remain in compliance and continue to serve your tenants. If you’re curious about where you can get more information on the latest and most important legislative updates, our very own Dawn Bennett hosts a quarterly webinar where she drills down into a variety of the many pieces of legislation that apply to our industry. 

Landlords Heading To Liverpool As The City Property Market Booms

new report has revealed Liverpool is the place to buy for landlords – but anyone looking to add to their portfolio should act quickly, as property prices are on the up faster there than in other locations.

The report (commissioned by London’s Beauchamp Estates and Liverpool’s Logic Estates, with analysis by Dataloft) describes the city as a ‘regional powerhouse’, stating residential property prices have risen more quickly than anywhere else in the last five years – including the capital.

But this surge shouldn’t deter potential investors, because prices there are still affordable compared to other key locations. The report looks at the Liverpool Waterfront, where an average-priced apartment would cost just under £240 per square foot. This compares to around £353 (per square foot) for a similarly well-positioned property down the road in Manchester and £678 (per square foot) in London.

Buy-to-let landlords are also collecting higher rental yields – with an average of 6.4% across all apartments in Liverpool, compared to 5.5% in Manchester and 4.5% in London (of the cities included in the survey, only Leeds saw a higher rental yield for all apartments, sitting at 6.7%).

And there are also seemingly more renters to attract – 55% of the city’s population live in private rented accommodation, compared to 27% in the capital and 17% across England as a whole.

However, while this report extols the virtues of buying in Liverpool, it’s worth noting that there are multiple favourable locations which have emerged as key investment hotspots in recent reports.

The Buy To Let City Tracker research undertaken by Aldermore Bank saw Bristol top the list of best places to purchase an investment property, based on indicators including average total rent, short and long-term returns, percentage of vacant housing stock, and number of renters.

Second place was Oxford, with Cambridge coming third, followed by Manchester and Luton to complete the top five.

And in a third piece of research – this time conducted by Compare the Market – Birmingham topped a list of the 20 best places to be a landlord in the UK, with Bradford, Coventry, Bolton and Burnley also making it into the top five.

Marketing Has Changed – Have You?

One of the biggest lightbulb moments for people who attend our courses is this: The most vital thing you can do to grow your business is to have a sound marketing strategy and to be consistent with it. But often, when things get busy for us, marketing is the very first element of our business that we neglect. It’s unfortunate that it has become one of those things that we all tend to put on the back burner, something that we know is kind of important, but it can wait until we’re less busy.

There is a real danger in adopting this strategy though, because what ends up happening is you get tied up in a ‘feast and famine’ cycle. If you only tackle your marketing when you feel that you have to (i.e. when you see a drop in clients…and income), then you’re always going to have an inconsistent income.

On top of this, marketing is one of those subjects that is ever changing and evolves quickly. Trends change, technology changes, and if you’re not keeping up with it, your current marketing strategy can quickly become stale.

So what can you change – today – to make sure that your lettings business continues to grow?

Focus on one thing

On those days when you’re short on customers and you are desperate to get new business through the door, it’s easy to use a scattergun approach and try to do EVERYTHING. But stop – is this really the best strategy?

We’re constantly being told that we need to adopt social media, we need to be writing blogs, we need to be advertising in the press, doing trade shows…  but the problem is, we simply can’t do it all. If your marketing is haphazard then it’s not going to have any effect. What you need to do is choose something that you can truly put your energy into and focus on that, at least to start with.

There are two elements to think about here; what are your natural talents, and who are your customers? If you can answer those two questions truthfully, then you are part-way to finding the right way to market your business.

Who are your target audience?

Something that we tend to like to focus on when we talk about how to market a lettings agency is finding our Ideal Client, or AVATAR. If you have a clear idea of who you are targeting, then it makes implementing your marketing strategy so much simpler, because you know exactly who you’re talking to.

Gone are the days when we advertised to our general audience – that really doesn’t work anymore. Your customers are more savvy – they know what they want, and that’s a PERSONAL SERVICE. You need to figure out who they are, and talk to them like they are the only customer. Don’t preach to a crowd – talk to ONE PERSON.

You can be pretty specific on this – it’s much easier to have a real person in mind… even if they are completely fictitious!

How do you WANT to market?

We are really fortunate that we live in an age where there are so many options available to communicate. Snail-mail and phones are still very prominent (and should be), but we also have many other ways to talk to people now – email, social media, live video, blogs… the question is, what do you want to focus on? Which tool do you believe that you can use with the most passion and sincerity?

Think about what you’re good at. If you’re a terrible writer, then it might not be a good idea to create a blog. If you’re a whizz at social media, however, then make that your focus. Got a talent for taking photos? Use Instagram, or make impactful features or ads on Facebook. If you’re always reading industry specific news, share it with your followers and become known as an industry expert. Write up reports and articles and share them on LinkedIn, or on your blog. Something got your goat? Talk about it on a video – most social media sites now have the option of creating live videos.

Set a schedule

The one thing you have to establish in your growing business is when you’re going to do your marketing. If you’re not consistent, it’s not going to work. You have to be strict on this – it’s important.

Work out exactly what you’re doing with your time. If it helps, write down what you’re doing every day, what time, how long for, and how important it is. You could install an app such as Rescue Time to see exactly where your time is being spent – and find out just how much of your day is wasted on unproductive tasks. Once you know this, you can find some space to slot in some regular marketing.

Put it in your diary – whether you’ve allocated half an hour or a couple of hours or half a day, stick to it. Make it an unnegotiable task every day.

Get your team involved. If you’re using social media, get them to share your posts to expand reach.

Think outside the box

This is one thing we definitely advocate – we don’t want to be the same as every other letting agent. Being the same doesn’t help us grow. We have to stand out, we have to get noticed. So what can you do that’s different to all those other high street agents?

Look at your competition – how are they marketing? And what can you do that’s different to what they’re doing? Use your imagination!

You Can No Longer Charge A Deposit For Pets – Here’s What You Need To Know

Due to the introduction of the recent Tenant Fee Ban, there have been a lot of changes to what we as landlords and agents are able to charge for. One example of that is the deposit for pets. If you are a landlord who allows your tenants to have pets, then that additional deposit you used to charge to cover any damages or cleaning bills caused by pets is no longer allowed under the new bill.

Letting to pet owners

Whether you’re for or against, there is undeniably a huge appetite for properties which allow tenants with pets. It’s estimated that up to half or renters are also pet owners, which creates a bit of a dilemma – should you allow pets or not?

If you have previously been pro-pet, things have recently changed with the new Tenant Fee Ban, because now, landlords can no longer charge an additional deposit for tenants with pets. It’s yet another chunk of money gone from our previous income – so what should you do?

Your options

OK, so you could stop allowing pets for future tenants. Or you could continue to allow pets, and suck up the cost. But there is something which would benefit both you and the tenant, and it’s actually a pretty obvious solution…

How to change what you charge for pet owners

It’s perfectly within the rules to ask tenants with pets to pay an additional rental charge. For example, if you are offering a property for rent at £600pcm, you are allowed to advertise that an addition is chargeable for pets. So you could say something like “£600pcm, or £650pcm for pet owners”.

Why this is the best option

There are definite advantages to having pet owners as tenants, the most obvious one being that it greatly increases your pool of prospective tenants. And let’s dispel the myth – most pet owners are actually pretty decent and responsible people, who will do all that they can to keep your property in good condition.

If you charged a deposit in the past for pets, let’s say for arguments sake, a cost of £250. So at the end of the tenancy, you have an additional £250 to cover thing like, carpet cleaning, dealing with scratches on the walls or doors, disinfecting for odours etc.  When you add all that up, your £250 doesn’t seem like such a good deal.

But if you charging a ‘rent’ for those pet, you’re getting a consistent amount of money, which can cover ongoing costs for these things. And because you’re allowing your tenants to have their pets in the property, chances are they’ll stay in it for a longer term, will make more of an effort to take care of the property, and you’ll be recommended to their pet-owning friends as a great landlord.

It’s actually quite encouraging – and for pet-owning tenants, good news, as it could mean that more landlords are able to meet demand and provide accommodation for pets without having to worry too much about the cost to them.

Has The Tenant Fee Ban Encouraged Recent Rent Hikes?

There have been several reports over the past month suggesting that landlords have begun to increase their rents by as much as 22% since May. These same reports say that the hikes are due to the recent Tenant Fee Ban, but could there be other factors also in play?

Since the introduction of the Tenant Fee Ban earlier this summer, landlords all over the UK have been thrown into disarray due to a huge drop in income – the Ban has meant that landlords can no longer charge new tenants any upfront fees for services such as inventories and administrative costs, and this has led to a massive fall in income of up to 30% in some cases.

The fallout became apparent in June, where reports show a significant increase in rents following the Ban – a pattern which we also saw in Scotland when their Ban came into force earlier in the year.

Seeing the results from Scotland, Government made efforts to warn landlords not to increase rents, but look at other ways to increase income. But with the added pressure of changes to Section 21, and changes in demand for housing, the industry as a whole is being forced to raise rents in order to evolve and survive the upheaval within the property sector.

Other factors in rising rents

All of the changes in the industry, a combination of the Fees Ban, Section 21, and general cost increases, have come together to put pressure onto landlords, and we have seen a decrease in the number of landlords investing in new properties. Many letting agents have reported a drop in the number of managed properties on their books, and it’s not yet certain whether this is due to landlords saving costs by trying to manage the properties themselves, or whether they are simply ‘cutting their losses’ and selling up.

If there are, as predicted, less rental properties on the market over the coming years, the increase in demand for them will also mean that landlords and agents can secure those higher rents, because there is likely to be much more competition, especially in those more sought after areas, where people are not able to afford to buy on a mortgage.

Optimistic

Despite all the odds, though, it does seem that the majority of landlords and agents are optimistic about the future of the lettings industry.

The property sector, especially lettings, has always had the ability to ‘roll with the punches’, and adapt – perhaps because changes are so frequent that we have all come to expect it and learned to evolve more readily than other industries.

There will always be a need for good housing in the UK, and it looks like for the foreseeable future, there will be a rising demand for rental properties, and as long as landlords and agents can continue to work together to improve the property market and keep up the excellent standards that tenants have come to expect, then despite rising rents, they will seek out properties knowing that they are still getting value for money.

The Future of Lettings

There is an upside to all of these changes – because those landlords who stay the course will be the ones who can offer a higher standard of accommodation, can keep up with legislation in order to keep tenants safe and the property in good repair. In short, it may be, in the long term, a way to shake up the industry in order to bring it up to the standard we’ve all come to expect.

Electrical Certificates – Why Every Landlord Should Have Them

As a landlord, you might be aware that there will be a change in the law with regards to electrical checks in all rented properties. That’s not compulsory as yet; however, we would urge all landlords to be ahead of the game and make sure that regular electrical checks are carried out on properties, and especially on new tenancies. Here’s why.

The risks

Imagine if you picked up the phone in the middle of the night to be told that there was a fire at your rented property. As horrific as that news would be, one of the first things that the fire department, the police, and the insurance company would check is whether or not the electrics and electrical appliances within the premises were safe, or whether they could have been the cause of the fire.

And if that were the case, who do you think liability would automatically be with?

If you fail to produce a valid electrical certificate, it could very well be you, the landlord. That would mean that not only do you risk prosecution, but it’s highly unlikely that your insurance would pay out.

But, if you have a valid, up to date certificate from a qualified electrician, then you have proof that you have done everything you can to ensure that the electrics in that property are safe. In that case, liability would no longer lie with you as the landlord, but with the electrician, as the question would be whether he had completed the work properly, or with the tenant, who has a responsibility to take care of the property while he or she lives there.

Is it law to have an electrical certificate for my property?

It will be, as right now Government are in processing a law which will mean that all rented properties will have to have electrical checks every 5 years. However, until that time, most agencies are recommending that their landlords get ahead of the game and make sure that all new tenancies start with a valid and up to date electrical certificate, before the tenant moves in.

That’s because, under the Consumer Protection Act Section 37 and Section 19, you have a responsibility to guarantee that your property is safe and fit for tenants to live in. And having an electrical certificate is part of that responsibility.

What will the new law mean for landlords?

Landlords will be required to have electrics checked in their properties every 5 years. This is mandatory, and must be carried out by a qualified electrician. This will be phased in over 24 months; in the first year, all new private tenancies will be affected, and in the second year, all existing private tenancies will also have to adhere.

If a property has recently had an electrical installation condition report (EICR) and has a valid certificate, then the property will not be required to have an inspection until 5 years has lapsed since the date of issue.

What will the required checks include?

The new legislation will require 5 mandatory recommended electrical safety features, which are:

What’s the difference between an EICR and a PAT test?

When we talk about getting an electrical certificate for your property, we’re really talking about the EICR – this is a test carried out by a qualified electrician, and tests the infrastructure of the properties electrics. As detailed above, this includes the wiring, units, plug sockets and switches etc.

A PAT test is really there for the appliances within that property. That would be anything that you include as portable appliances in the property, which might be things like a fridge or freezer, electric oven, dishwasher etc. It’s not mandatory for you to have a PAT test, but some landlords like to get one if they do include these appliances, as again, it provides an extra layer of cover if anything should happen.

In conclusion

While it’s not law to provide an electrical certificate at the time of writing, it’s highly recommended that you obtain one. It’s a small price to pay for peace of mind that your property is safe, and that you won’t be held accountable if something should go wrong.

The Government will be changing the law on this soon, so get ahead and make sure that you’re properties are protected, if not on existing properties, but on all of your new tenancies going forward.

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.