Are You Using The Correct Tenancy Agreement?

There are two kinds of tenancy agreements. Do you know which agreement applies to yours? Many landlords aren’t sure of the difference between the various tenancy agreements and how to choose the correct one that works for them. At Concentric, our goal is to help you understand the facts and get you the information you need to be a successful landlord. We've written this blog to help you know which tenancy agreement is best for you.

Let us break down what the two categories of tenancy agreements are and where they can be implemented to work for you appropriately. 

There can be serious consequences for you if you attempt to use the wrong legal contract for a tenancy. So it's important you get the right one. 

 

Assured Shorthold Tenancy

The assured shorthold tenancy agreement is one of the most common agreements and was introduced in 1988 when the Housing Act was passed. This contractual agreement is beneficial to both tenants and landlords as it clearly outlines what each party can and cannot do.

For example, tenants can be assured of security of tenure for the fixed term of the contract, providing they do nothing to breach it. On the other hand, landlords are provided with two specific notes: Section 8 and Section 21. These notes can be used to gain possession should the need arise. In order for a property to qualify for an assured shorthold tenancy agreement, there are three specific criteria. 

1. The tenant must be an individual.

2. The landlord must not be a resident at the property

3. The property must be the tenant’s home

For the first rule, the tenant must not be a corporation or a trust. This means that if a tenant is a company, they will not qualify for this type of tenancy agreement. The second rule is clear enough; you as a landlord must not live in the property. Finally, the tenant must reside at the 

property as their primary home. In other words, an individual purchasing a number of properties for investment purposes would not qualify for this assured shorthold tenancy agreement.

 

Non-Housing Act Agreement Tenancy

Non-Housing Act Agreements are the other main category of tenancy contracts. This is a general catch-all term for all the contracts that fall outside those three main criterias. These tenancy agreements are an entirely different breed as there is far less legislation to consider. For example, if you have a company that would like to become a tenant, you would need to use a non-housing act agreement. 

Now, let’s get into the details of what makes these two different. 

 

The Difference Between Them

There are several variances between these two main agreements that you as a landlord need to know. First of all, non-housing act agreements allow you as a landlord to disregard several key pieces of legislation. For example, the requirement to register deposits is not applicable for non-housing act agreements. For any tenancy agreement like this, did you know that you don’t need to register the deposit?

Also, the tenant fee ban is not applicable, so there is no deposit cap. The laws banning fees are also not applicable, meaning that you can charge your tenant a referencing fee, admin fee, or late payment fees.

As a landlord, you may have times when you are forced to take possession of a property. At these times, it’s important to understand the tenancy agreement you are tied to. There is a completely different process between a housing act agreement and a non-housing act agreement. Basically, in a non-housing act agreement tenancy, the landlord can simply let the tenant know at the end of the fixed term that the tenancy is over. This terminates the tenancy, which then goes into a rolling contract. At this point, the landlord simply gives notice to quit within a minimum period of 4 weeks. As you should be able to see from this, tenancies that fall outside the Housing Act offer landlords many more opportunities and leave them with a bit more flexibility to act.

 

Be Careful To Use The Right Agreement

It is important to always ensure you are using the correct tenancy agreement. Despite all of the benefits of using non-housing act contracts, you shouldn’t think that you can use those when the criteria for an Assured Shorthold Tenancy is met. As a landlord, you must abide by the Housing Act if it applies to your tenancy. From the perspective of the law, your tenancy will be looked at regardless of the contract you signed as being either an Assured Shorthold Tenancy or not, based on those criteria. 

We recommend keeping all these things in mind when selecting your tenants so that you know from the first what kind of agreement you are getting yourself into. Always ensure that you use the correct contract for every scenario. We at Concentric are always looking for ways to provide help and advice to landlords so that they can better manage their properties.

We’ve got tons of content available to assist you with practical step-by-step guidance on legislative updates and the issues that matter for landlords. We even host a quarterly online seminar that you can join!

Reserve your space for our next Legislation Update Webinar for free here.

Landlords- Selective Licensing Is Returning to Liverpool April 2022 - Are You Prepared?

Are you a landlord in Liverpool? 

If so, are you aware that in April 2022, selective licensing is returning to the borough? 

Today, we’re going to talk about what this change in legislation means, and the steps you can take to ensure that you remain compliant. Here at Concentric, our goal is to help landlords succeed by providing practical guidance surrounding each legislation update as well as helpful advice regarding overall best practices for landlords.  

What is Selective Licensing?

Selective licensing simply means that the city council has decided that they are going to selectively license a specific area. Thus, selective licensing in Liverpool means that the Liverpool City Council has agreed to selectively license a group of postal codes within the borough. In order to determine if this impacts you, you’ll need to see if you own any properties that fall within the range of postal codes that are covered by this new legislation. If you are a landlord in this area and you have a property from a one-bedroom flat all the way to an HMO, you may need a special license in order to continue letting that property.

What Does This Mean to You as a Landlord?

Now, we’re going to talk about what you need to do when selective licensing comes into place in Liverpool. Practically, this means that any property you rent that falls within the impacted area will need a special license as of April 2022 in order to be compliantly let. So, you’ll have to head to the Liverpool City Council and file applications, when the process is opened, for these licenses. There will be a cost element to this. You’re going to need to pay a fee to the Liverpool City Council in order to make the application for the license. Selective licensing is going to continue within Liverpool for the next 5 years until 2027.

Official guidance around the new law is still evolving, so we don’t yet know what the cost of licensing will actually be when selective licensing is rolled out. However, through experience with past licensing programs, we do know that there are many ways to secure discounts and reduce the licensing fee. This can be done by maintaining a good EPC rating, using accredited agents, and through other strategies. We recommend keeping an eye out for further updates on the Liverpool Government website. This is also the place to be when the application process opens for selective licensing. If you need help, contact us and we can help you with licensing applications.

How Do You Stay Compliant?

As of the time of this writing, the details of what will be specifically required to be compliant with this new legislation are not known, but we do know the general standards that have to be met in order to be compliant. There are a number of ways you can take care of your properties and ensure that you are always remaining compliant with the law. We’ve listed a few of them here:

  1. Have a valid gas certificate

  2. Have a valid electricity certificate
  3. Ensure that your EPC ratings are at ‘E’ or above
  4. Have your smoke alarms and carbon monoxide detectors tested
  5. Ensure that your property is fit for habitation

By following these main steps, you can be confident that your property is already a long way towards full compliance. Previously, when the Liverpool City Council enacted selective licensing, they added some additional requirements. This was in 2015. They required things like changes to the tenancy agreements to incorporate anti-social behavior clauses as well as adequate refuse management at properties. Thus, additional requirements may also be a part of the new selective licensing law.

It’s important to remember that the purpose of selective licensing is to regenerate areas and make the private rented sector the best that it can be. If landlords take good care of their properties and ensure that their tenants use the property responsibly, you’re ahead of the curve.

Licensing in the Private Renting Sector is Serious

Most landlords are probably already aware of the importance of remaining in compliance with all of the relevant laws. The penalties for not doing so can be immense. Failure to comply with selective, additional, or mandatory licensing as a private landlord can result in penalties up to £30,000. If your property falls under the category of selective licensing after April 1st of 2022, and you are not in possession of the correct license, your rights to gain possession of your property could be negatively impacted.

We hope we’ve answered some of your questions about this important new legislation. If you’re a landlord in the Liverpool area and would like some additional information, please contact us and we will be happy to help you in any way we can, also we are running a live webinar on this topic, which you can register for HERE.

What's The Wolverhampton Rental Property Market Doing Right Now In 2022?

The landlords in Wolverhampton really started to embrace Lettings in 1990 after the change to the Housing Act in 1988, which introduced the Assured Shorthold Tenancy that we all operate under today, so what’s changed this year?

At that time, the Private Rented Sector was sitting at just 7% (7% of all properties being privately rented), but since then the market has grown fast.

Currently, 21% of the total housing stock is privately rented, which has come around due to an astounding level of growth, but in the last 2 years, this seems to have taken growth to an entirely new level.

We have seen masses of investors wanting to buy in the area, rents rocketing in price, and properties prices increasing to an unprecedented rate.

So, what does all this mean for Landlords in the PRS now?

As you can imagine we get asked a lot of questions daily, so we decided to answer the most common questions and put them here for you.

We also decided to look at our stats over the last 2 years (2020 and 2021) and interview Ali Durrant, our Branch Manager on the ground in our Wolverhampton branch on what he has seen over the last 24 months and in particular the beginning of this year (2022).

Here are our findings on the Lettings Market in Wolverhampton in 2022...

 

Where are the biggest demand areas in Wolverhampton from tenants right now?

We are seeing the biggest demand we have ever seen in history for rental property, in January, we were getting upwards of 50 pre-applications per property, it was crazy! So much so we had to build an automation system to deal with the hundreds and hundreds of tenant calls coming inbound to the office every day, it was chaos!

With that in mind, it seems any property right now rents fast, but if we had to select the best areas (the most commonly asked for areas) it seems North and East Wolverhampton is winning (2022), being the WV10 and WV11 postcodes (Oxley and Wednesfield).

It’s also worth mentioning the close follow-up areas being asked for are Penn, Bilston, and Willenhall too.

 

What type of property is there a shortage of right now?

In these strange times, there is a shortage of all types of property at the moment, which means it really is a landlord’s market, but there does appear to be more flats and smaller properties on the market than the larger 3 and 4-bed homes.

This is probably due to our experience of lockdowns. Many tenants are looking for that little extra space now than they would have probably accepted before because we all craved more space in the lockdowns of 2020 and 2021.

 

Which area is attracting investors right now?

It seems a real mixed bag right now, probably due to the level of activity being higher than we are used to seeing. HMO investors are trying to find pockets where article 4 isn’t in operation and are picking up already active HMOs near the hospital (WV11).

We also have people looking for the cheaper areas to buy to try to maximise cash flow, as well as quite a few more professional type investors that are looking to opt for more quality professional areas, which would normally attract higher capital appreciation.

 

How much have the average rents gone up in the last 2 years?

Properties in the UK (outside of London) have on average gone up by 12.6% year on year, and we are certainly able to confirm this increase and in some cases more. We have had a lot of landlords reviewing their rents, albeit some may have not been reviewed for a couple of years, with some increasing by as much as £200 per month (25% increase). In some cases, 

our system shows rents have increased for us locally by nearly 15% over the last 12 months on average.

 

How much have property prices gone up in your market?

The average property price in the West Midlands region is £262k. The average price of a property, however, has increased by £23.4k (10%) over the last twelve months. The average price of an established property is £261k. A point to note; the average price of a newly built property here is £301k.

 

Is there a market for furnished or all unfurnished now?

We tend to find that with smaller properties, yes furnished still works as long as the furnishings are of good quality, however, for the larger properties (2 bedrooms or above), normally unfurnished is preferred.

 

What’s the most asked for feature in properties now by tenants?

Generally, the most common thing people seem to want now other than more space is en-suites in HMOs, they seem to have become an essential item, and as a result, are actually becoming very difficult to let without these, and for single lets, parking and/or driveways go a long way too.

 

What would you buy now if you were buying Ali? 

I would buy a 3 bedroom home in an average to the above-average area, such as WV6, WV4, or WV8. We see high rent return in these areas, longer tenancies with families, which means fewer voids and less maintenance. With that in mind, I would also consider a modern 2-bed flat within a couple of miles of the hospital subject to lease, etc to get into the contracted NHS worker market.

 

Are the landlords that are buying 1-time landlords or multiple investors?

We seem to be getting a lot of portfolio buyers at the moment, adding to their existing portfolio and seeking opportunities from the older 20-year landlords that are selling now due to their mortgages expiring and retiring.

 

What gives the best return in your area?

We find modern 2-bed flats can be picked up for a good purchase price at the moment as the bulk of demand is in freehold, you need to be aware of shortening or expiring lease terms or have a plan/allowance for that, but it does mean better purchase prices can be negotiated

Also, there are a lot of 3-bed semis that generate £800 - £900pcm which can still be picked up for around £175,000 in mid-range areas, giving around a 6% gross yield, easy solid rental units, longer-term tenants, and decent capital appreciation too, so good all-rounders which should stand the test of time.

If you have any queries, want to discuss anything in this article, or want to discuss buying property, just email me at wolverhampton@concentricproperty.co.uk  

Alternatively, you can schedule a complimentary call with me here.

What Is The Rental And Property Investing Market Like In Liverpool Right Now?

We have let thousands of tenancies, worked with hundreds of investors, and managed hundreds of properties, helping landlords navigate the local Selective Licensing schemes since their inception in 2015.

Like tenants, landlords and investors come in all shapes and sizes, have different levels of experience, and have different wants and needs, but there are a few questions that we get asked all of the time, and right now, it seems like everyone wants to buy property in Liverpool and the surrounding areas... and I can see why.

We have been instrumental in letting property in and around the west of Liverpool for over 10 years now, our focus; to work with the landlord investors in the area.

We have let thousands of tenancies, worked with hundreds of investors, and managed hundreds of properties, helping landlords navigate the local Selective Licensing schemes since their inception in 2015.

Like tenants, landlords and investors come in all shapes and sizes, have different levels of experience, and have different wants and needs, but there are a few questions that we get asked all of the time, and right now, it seems like everyone wants to buy property in Liverpool and the surrounding areas... and I can see why.

There's a lot of investment opportunity in the area with great property prices compared to many other city locations, and will generate fantastic income (and now capital) returns.

So, if you are thinking of buying a property in the area, here are a few questions you should be asking yourself.

 

What are the most in-demand areas from tenants at the moment?

The top areas that are most in-demand from tenants right now are Bootle, Walton & Fazakerly.

 

What sort of property cannot you get enough of? 

There appears to be a real shortage of 2/3 bedroom houses, maybe because people want more space or a place to work from home, we have all experienced being locked in, and a 1 bed flat can become less desirable. 

 

Where are most investors looking to buy at the moment? 

Most Investors are looking to buy property in Bootle & Walton, which ties in nicely with the increased tenant demands we are seeing. 

 

What rent increase levels have YOU seen in the branch? 

With rents across the UK increasing on average by 8.5% (according to Homelet), we have seen rents across the board here increase by at least 10% over the last year and in some cases a lot more! 

 

What property price increases have you seen in your area?

According to the Liverpool Echo, Liverpool has the fastest rising house prices of any UK city. This year is set to be the busiest for the UK housing market since 2007, with Liverpool topping the house price charts at 10.6% and some areas such as Toxteth maxing out at over 20% in just 12 months.

 

Are unfurnished properties renting better than furnished? 

We find that most properties rent better if they are unfurnished, that is unless they are a house share or student accommodation, then of course furnished is best.

 

What are the key features tenants are asking for right now?

Of course they still want the usual, a good location that feels safe, a nicely presented property that’s clean and has good access to facilities and transport, but this year we have seen a rise in tenants asking for gardens, and to be allowed pets (probably due to the experience of lockdown), and with HMO’s they really do all want en-suite facilities (due to becoming more germ aware). 

 

How many applications from tenants are you getting per property?

During most of 2021, we were seeing around 10 applications from tenants per property, however, this year it has more than doubled, we seem to currently (January and February) be getting up to 25 pre-applications for each property, it's gone crazy!

 

If you were looking to buy a property right now Elisha, what would you buy?

If I was to buy a property now, I would definitely be looking to secure a 3-bedroom terraced house for around £130k, generating me a monthly rent of around £750pcm which results in a 7% gross yield, because I know I could rent it over and over again with zero problems and get good quality tenants.

 

What sort of landlords are buying at the moment?

It seems all types of landlords are buying at the moment, from 1st-time landlords, those with 1 or 2 properties looking to expand their portfolio and large landlords alike, it feels like everyone is buying right now, it’s a very busy market, driven in the main by the huge increase in demand and the shortage of stock out there.

 

What’s the big challenge for the Liverpool market at the moment?

It has to be the introduction of another Selective Licensing scheme across Liverpool from April 2022. This is going to be an additional cost and more paperwork for those landlords in the areas affected, but we have been through this before with Sefton, so we are ready to support our landlords through it.

If you have any queries regarding any of the subjects covered in this article or want to learn how the introduction of the new Selective Licensing laws could effect you as a landlord in the Liverpool area, we're running and inviting you to a free-to-attend webinar on the 23rd March 2022 at 18:30. On the webinar, we will cover all the nitty-gritty details you should 100% be aware of.

Register for the webinar on the next page.

How To Get Better Tenants

Who is your perfect tenant?

Let’s think about how we define our perfect tenant. It might differ from landlord to landlord and will depend on what’s important to you. You’ll also consider the type of property you own and the area you’re in – for example, is it a HMO? Are you located in a city centre full of professionals? Or is it an area popular with families?

The type of person you are able to target will determine how you categorise them, such as:

Nice to meet you

The best way to get a feel for a prospective tenant is to actually meet them. As humans, we have an in-built ability to make hundreds of judgments based on seeing and talking to another human being, so what better way to get an idea of whether a person is right for your property?

This creates the opportunity to ask them questions about their situation, such as their reasons for moving, past rental situations, their jobs, and even their hobbies. It’s a great way to get a feel for who they are in a more natural and less formal way.

Don’t make promises at this stage, though. It’s perfectly ok for you to tell them that you’re not ready to make a decision yet and that you’ll be in touch, especially if you’re not getting a good vibe from them. You don’t have to take the first tenant you meet – in fact, you probably shouldn’t.

Check them out

Make sure that you do all the proper checks. Having a credit check, verifying their income, and immigration checks, will all determine whether they are the right tenant for you, and whether they can afford to pay their rent. However, be careful not to discriminate – letting things like race or colour, religion, or even benefit claims cloud your judgement is a big mistake, and as well as being unfair, is illegal.

Something else you might consider; using Google. Many people use social media, whether that’s Facebook, Twitter, or Instagram, and it’s surprising what you can find out about a person just by searching their name. It’s a useful tool if you want to make sure that the person applying to rent your property is right for you, as you can often get a good feel for their background, friends and opinions, which could all give you an indication of how they will be as a tenant.

Go with your gut

Above all, trust your instincts. If you want better tenants, it really is worth making the effort to meet them, talk to them, and don’t be afraid to do a bit of basic research into their background. Ask questions, and take the time to get a real feel for who they are. And be brave enough to admit if you don’t like them – there’s absolutely nothing wrong with admitting they are not a good fit for you, and looking for someone who is. So many landlords are in such a rush to get someone into their property that they just sign up the first person who takes an interest – and then have regrets when they create problems in not maintaining the property, or worse still causing damage or complaints.

Hopefully, this post has given you a little bit more confidence to go out there and seek out your perfect tenant. Making that little bit of extra effort can save you so much heartache in the long term.

Things you should consider before you rent out your property (Part. 1)

When you are preparing your property for rental, what’s the first thing that comes to mind? What are the things that you look for when you are checking the home for potential tenants? Is it the standard of the décor? The appearance of the carpets and flooring? It’s likely that you will be looking at these things, envisaging it through the eyes of the tenant – but before you even take those things into consideration, you should be thinking about safety.

When a tenant looks around the property, they won’t be able to see whether or not the electrics are up to standard. They won’t be wondering whether the boiler has been serviced. Because they will expect that you, as the landlord of the property, to have done all of the work required to make sure that the property is safe. Don’t let those things escape your attention, as these are the things that could cause you the most problems down the line.

Our advice, particularly to first-time landlords, is to focus your attention on the safety first, before anything else. It really doesn’t matter if the property isn’t ultra-modern in its décor or furnishings – first and foremost, it needs to be completely safe.

Make sure that you take the time to check your compliance with Gas Safety Regulations, that you have adequate smoke alarms placed in key places throughout the property (and that they are in full working order), and that you have fitted carbon dioxide sensors in places where there are risks.

Touching a bit more on that – if your property has an open fireplace, regardless whether it is used or not, it is essential that a carbon dioxide sensor is fitted nearby – if, as has happened in the past, the tenant decides to go against your advice and use the fireplace, then you as the landlord would be liable.

All aspects of safety for the property are the responsibility of the landlord. Keep all safety checks, such as electric and gas etc. up to date – that way you have proof if something were to go wrong.

Make sure it’s clean

This seems pretty obvious, but always make sure that the property you are renting out is clean before you show it to potential tenants. There is nothing more off-putting than walking into a home which has a bad odour, grubby door handles, and unsightly marks on the carpets.

The cleanliness of a property is the first thing your potential tenants will notice, so if you are unable to get it up to standard yourself, make sure you get a professional cleaner in to get the jobs done for you.

Key things are:

Remember; if the property is in a clean and tidy state when the tenant moves in, then they are more likely to keep it that way. And of course, you can insist that when they vacate the property, they leave it in the same condition as when they moved in – this will be noted in both your contract and your inventory.

Present to suit your market

This is something else that is often overlooked – presenting your property to attract the type of tenant you want. You’ll want to take into consideration the kind of area the property is in, and the demographic. If you’re in an area of town where there are a lot of retirees, then you should make sure that the property is set up and decorated in such a way to attract an older clientele. If it’s somewhere that tends to attract professional couples, then they will be more attracted by modern décor and slick modern appliances. And families will have different requirements again.

Something else to consider is, how will you attract the kind of tenant that you want? For example, if your property is a bit run down, hasn’t had any investment in the overall décor, kitchen, bathroom, then think about the grade of tenant that you’re likely to attract.

And to add to that, the more you are willing to invest in getting your property modernised, the higher rent you’re likely to get for it, as people are willing to pay for the convenience of having modern appliances, adequate storage, a good number of plug sockets to suit their needs, and any little modern touches that will make their lives within the home easier and more comfortable.

Of course, these are just a few of the many things that you as a landlord will want to consider when you rent out your property – join us for part 2 of this series where we will guide you through some more of the requirements and legalities you will face when looking to fill your property.

Need advice? Call our office on 01902 421405 where we will be happy to help you to get the right tenants for your property.

Alternatively, download our FREE 'SELL YOUR HOME FAST' guide here.