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Why Landlords Need Regulating

Landlord?

Landlord? (Photo credit: the justified sinner)

Just visit any property forum or website & ask what landlords think of the idea of licensing and regulation and you will get a loud and clear indication that Landlords consider regulation to be an expensive useless waste of time.

In spite of this new rules were introduced in January 2010 which meant landlords of houses in multiple occupation (HMOs) must have their properties inspected and licensed. During the first year, until December 2011, Oxford City Council issued 338 licences – and just 11 of those, or three per cent, were issued without any additional conditions. To my mind this sends a loud and clear signal – either the Private Rental Sector is rotten to the core, or the Regulations are!

97% of Privately Rented Accommodation Isn’t Fit For Purpose?

The new regulations were introduced in two phases. From January 2011, landlords of three-storey houses or two-storey houses for five people or more were told to get their property inspected for £362, make any necessary alterations and renew the licence annually. The rules were then rolled out to include properties with three or more sharers this January, resulting in an extra 1,065 applications. Oxford is currently the only council in the country to require all HMOs to be licensed, more than 2,000 warning letters were sent to landlords in December, and since the scheme came into effect there have been eight prosecutions against landlords managing unsafe HMOs and one letting agent. The council has also taken over the management of one HMO because the landlord was not a fit and proper person to hold a licence.

So what is wrong – Landlords, or Regulations? During 2011 Pimlico Flats received 2 letters from Westminster City Council threatening enforcement action.

  • One was because we had 5 Flats which only had 1 lock on the door – in spite of 30 years without a crime, a daily manned reception and a 24/7 CCTV monitoring service WCC still estimated that the likelihood of death or serious injury from there only being 1 lock on each flat entrance was 1/7. It was cheaper to put a second lock on every door than argue with the Environmental Health Office about the regulations.
  • The second was that a tenant wasn’t sleeping with his girlfriend. How WCC were able to identify the couple’s nocturnal habits is beyond me, but they readily confessed to their crime – apparently they were working different hours and were using a sofa to avoid disturbing the partner. WCC were not prepared to accept the argument that as Landlord I had no right to dictate my tenant’s sexual habits, but fortunately the tenants were happy to give me a letter voluntarily committing themselves to sleeping together.

Clearly when 97% of the Private Rented Sector fails to meet regulations something needs to be done – what do you think should be done?

Can an Agent Charge a Tenant for Finding a Flat?

Pimlico Flats

Pimlico Flats

The answer is that theory and practice vary. This is an age old question, especially in London where Flats are harder to find, and there have long been agencies who offer Landlords free advertising and charge the tenant (the oldest and best known “Flatland” has been trading on this model since 1971). Indeed before this website came into being Pimlico Flats used to rent through Flatland and 2 other of these agencies.

In theory according to The Accommodation Agencies Act 1953 an agent is not allowed to charge the tenant. The Act was originally passed as a short-term measure, however, after a series of annual renewals, it was made permanent by the Expiring Laws Act 1969. Although the legislation was introduced nearly 60 years ago, it can still be enforced and Flatland itself was successfully prosecuted by Westminster City Council in the 1990s. The Act was introduced to prevent agencies taking fees in advance from prospective tenants in return for details of properties, and Agents cannot charge prospective tenants for lists, addresses or details of properties that they have in their possession, and the Act is quite clear in this respect.

As a general rule, the agent is at liberty to act either for a landlord or for a tenant (and accordingly to charge the appropriate commission).  The only restriction placed upon the agent by the general law is not to act for both.  Thus relocation agents may charge tenants for finding specific accommodation which includes advertising their individual requirements. Where an agent takes a deposit or fee, refundable on demand, where the deposit is not in respect of any particular property, an offence is committed. Where an agent asked clients to sign an agreement under which a fee would become payable if and when they took accommodation found for them by the agent, the payments related to the finding of suitable accommodation and not for the supplying of an address, and no offence is committed. An amount chargeable at any time before the prospective tenant finds acceptable accommodation is an illegal payment, even if deemed returnable in the event  of the prospective tenant not finding accommodation.  Yet, an agent may legitimately charge for finding accommodation for a tenant who actually takes it, but may not demand a fee (even a returnable deposit) for merely supplying him with the address in the first place.

In practice Agents seem to find it fairly easy to charge fees without contravening the Act, or else the authorities find it too onerous to enforce the law. Agents also make money by charging for services – a local Pimlico Letting Agent made the following equivalent charges in 2010:

  • Administration £350
  • Referencing £52
  • Agreement £188
  • Inventory charges depending on the Flat & can vary from £80 – £300 per inspection. The tenant pays the Check In fee, the Landlord the Check Out fee.

The charges are subject to VAT. In theory the charges should reflect the actual costs to the Agent, however there are several online Agencies who offer Landlords free advertising, and they clearly only operate if they are making a profit from the charges to the tenant. They are clearly contravening the principle that the agent should only act for either the landlord or the tenant, but as with “Key Money” the authorities clearly don’t have the motivation to address what has become a custom & practice flouting of the law.

The Landlord and the London Letting Agent

Happy Hippy

Happy Hippy

A small Landlord in a Rural Village goes out every day to tidy up the hall and entrance of the HMO that he rents rooms out from. The landlord tidies, repairs & cleans for three or four hours, before returning home. Every day he does this, without fail.

One week, a London Estate and Lettings Agent is having a holiday in this same village. Every day he sees this small Landlord go out, tidy, repair & clean, come back, go out, tidy, repair & clean, and come back. So after a few days, the London Estate and Lettings Agent approaches the small Landlord and he asks the small Landlord if he maintains his property like that all the time.

“I do,” says the small Landlord, who is about thirty years old.

“How long have you been renting?” asks the London Estate and Lettings Agent.

“All my life,” says the Small Landlord. “Since I was a boy.”

“And you rent like this every day?” He looks at the small HMO.

“Yes,” says the Small Landlord. “I have nice tenants, they tell me about their jobs, they pay their rent on time ……. then I go home for the afternoon”

“But you only go spend a short while in this house!, Why don’t you go out into town when you have finished – leaflet drop? You could source more properties, do them up, rent them out”

The young Small Landlord thinks a minute and looks down at his feet. He looks back up at the London Estate and Lettings Agent. “Well, I like to spend time with my family play with my children, go to the pub and play cards with my friends, watch the big game on TV. Some afternoons I go fishing, or I go for a stroll with my pretty wife”

The London Estate and Lettings Agent nods, he steps closer to the Small Landlord. “Look,” he says, “if you redecorate, and put a new kitchen and bathroom in, you can remortgage and draw your equity out – you’ll make double the amount of money you make now. You can afford to pay someone to do the leafleting for you. Plus you can use the equity that you’ve drawn out for the deposit on another house”

“Why would I want to do that?” asks the Small Landlord.

“Because once you’ve got 3 or four houses then you can hire a few people to do the cleaning and decorating for you, which will give you the time to follow up more leafleting leads, buy more houses, and get more mortgages”

“Why would I want to do that?” asks the Small Landlord again.

“Because then you’ll quadruple your earnings and pretty soon you can have your own Portfolio.”

“And why would I want to do that?”

“Well, once you have your own portfolio you’ll have enough houses to cut out the middle men and rent a High Street Office, and set up a lettings agency to rent out your own houses as well as some for other people You do well enough and then I can help you – we do a joint venture, and then we franchise out the business model, and we go National. Then we a float on AIM and take the whole operation public. We will cash in. We will be rich.”

“And then what?”

“Then,” says the London Estate and Lettings Agent, “you can spend time with your family, and play with your grandchildren, go to the pub and play cards with your friends, watch the big game on TV have someone push you and your wife’s wheelchairs round some pretty walks ….…”

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May 2012

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