wrexham Landlord
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Landlord of dangerous HMO where foreign tenants spoke little English hit with huge fine

A landlord has been found guilty and fined £40,000 for letting out a dangerous and unlicensed House in Multiple Occupation.

It is the second largest fine levied against a landlord obtained by City of Lincoln Council.

Julie Churchill’s property was deemed dangerous by the magistrates for failing to comply with a number of safety breaches under the Housing Act 2004.

It had no fire doors to the bedrooms, ground floor lounge or kitchen, no working fire alarms on the ground floor, and one of the bedroom doors had a large gap to the top which would allow smoke to pass in the event of a fire.

Three of the bedroom doors could be locked by a padlock which if in use would not allow for a quick exit.

The court heard that if a fire had erupted in this building, these inadequate fire warning systems and lack of fire containment measures would have put the tenants at extreme risk.

The stairs were painted gloss black and had no slip resistance in the event of a tenant falling, and the kitchen did not have adequatefacilities for the seven tenants living in the property. One of the occupied bedrooms was below the legal minimum size for an adult.

It was heard in court that the repair of these defects would have cost Churchill as little as £6,000.

When the four-bedroom property was inspected by police and housing officers under a magistrates’ court warrant in January, the occupants were found to be seven unrelated eastern European and sub-Saharan immigrants in four bedrooms.

The tenants spoke little English and were unaware of their rights, receiving no tenancy agreement, rent book or rent receipt during their tenancy. Only two of the seven tenants knew what the landlord’s name was.

It was discovered that Churchill was taking up to £1,480 per month in rent, which at that rate would give her an income of approximately £35,520 over the two years she had owned the property.

Cllr Donald Nannestad, portfolio holder for quality housing at City of Lincoln Council, said: “We’re extremely pleased to bring another case to justice as part of our ongoing battle to crack down on rogue landlords.”

By ROSALIND RENSHAW

Source: Property Industry Eye

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Tenants in flat-shares lose their living rooms as landlords make the most of space

Tenants in shared houses are facing the end of the sitting room for Generation Rent, as landlords increasingly convert every possible space into bedrooms.

According to The Times, analysis of room rentals on house and flat sharing portals found that just one third of properties have communal space.

In London, only one-tenth of flat-shares have communal space such as a lounge.

The Times says that even upmarket properties in exclusive postcodes are being turned into bedsits, with landlords turning reception rooms into bedrooms.

The Times also says that some conversions result in tiny bedrooms, and that some conversions ignore Building Regulations and are potentially unsafe.

It also says that illegal bedsits are being advertised with impunity online, including on one property website that has received taxpayer funding to help it grow.

The Times also says that some bedsits are in HMO properties which should be licensed, but are not, pointing out that licensing is mandatory for rental properties with five or more unrelated sharers.

The paper analysed 100 rooms offered in five-bedroom properties on the most popular house-share website and found that only 12% were registered as approved HMOs.

Susie Crolla, of the Guild of Letting & Management, described the figures as “shocking but not that surprising”.

The Times says that the biggest website, Spareroom, does not routinely check whether its rooms are legally compliant or are in a property with an HMO licence.

However Spareroom told the paper that checking every property is not straightforward because there is no central database and each council holds the information differently.

The Times investigation also highlights Spotahome, whose chief operating officer is a founder of Uber.

The Times says: “The website does not allow prospective tenants to view rooms, instead posting pictures and videos online. Nor does it check whether homes have a licence.

“In one case, it was listing a 49 sq m, two-bed flat that had been converted into a five-bed. Every bedroom was smaller than the minimum allowed. One was 4.92 sq m, little bigger than a double bed. The illegal conversion had been visited and ‘approved’ by a Spotahome checker.

“In 2015, the taxpayer-backed British Business Bank invested £17.5m in a venture capital fund called Passion Capital, which used part of the money to invest in Spotahome.com.”

The Times also quotes an un-named traditional letting agent who said he had reported half a dozen unlicensed HMOs to several councils six months ago but had heard nothing back.

He said: “These homes are not difficult to spot, they are brazenly advertised online. The failure of councils to enforce the rules is allowing these landlords to get away with it and is making the job of diligent agents much harder.”

By ROSALIND RENSHAW

Source: Property Industry Eye

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HMO Sector To Grow As Investors Expand Property Portfolios

New data released has shown that the HMO sector is likely to grow with over a fifth of landlords planning to expand their portfolio with the addition of an HMO (House in Multiple Occupation).

The HMO sector is proving to be attractive to professional landlords in a time of market uncertainty, with HMO landlords achieving the highest average rental yields at 6.3 per cent compared with the market average of 5.5 per cent.

The research from specialist lender Precise Mortgages shows average rental yields across the market as a whole are at their lowest for nine years, highlighting the attraction of the HMO sector. Average yields for all property types dropped 0.3 per cent in the second quarter from 5.8 per cent in the first quarter of this year and are now at their lowest level since 2010.

Terraced houses are proving to be the most popular choice for buy to let property investors, with 50 per cent of landlords planning to buy a terraced property. However, the research also shows 40 per cent of landlords also plan to sell terraced houses in the year ahead. By contrast, just 8 per cent of landlords holding properties in the HMO sector plan to sell them.

Blocks of flats are also set for growth, with 8 per cent of landlords planning to buy compared with just 5 per cent planning to sell.

Landlords with between 11 and 19 properties are earning the highest average yields at 5.9 per cent with the North West the best area of the UK for yields, earning an average 5.9 per cent. Landlords with 11 or more properties have an average of three different property types in their portfolio.

Managing Director of Precise Mortgages, Alan Cleary, said: ‘In a time of market uncertainty, HMOs are an attractive option for professional landlords looking to maximise yields. As HMOs attract multiple tenancies, gross rental income tends to outstrip single lets meaning the rental income is more secure if one tenant leaves a void.’

He continued: ‘The expansion of the HMO sector underlines how experienced landlords are re-balancing their portfolios. It also demonstrates the opportunity for brokers to work with specialist lenders who have expertise across the widest product set to support clients who are reassessing their portfolios.’

Source: Residential Landlord

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Plans to increase number of residents living in HMO set for approval despite concerns of overcrowding

Plans to increase the maximum number of people that can live in a HMO on the outskirts of town have been recommended for approval, despite a series of concerns about overcrowding.

At present the house in multiple occupation at 86 Erddig Road is currently occupied by eight residents housed in eight single bedrooms

But due to the “demands for such accommodation” in the area, the applicant is seeking permission to allow the property to be let as seven double bedrooms for a maximum of 14 residents.

Next week members of the council’s planning committee will be asked to approve the plans.

However the application has been met with objection by councillor Alun Jenkins, a number of residents and the community council, who have argued that there is a lack of parking and insufficient space for tenants.

Cllr Jenkins, who has has called for the application to be refused, adds: “It cannot be acceptable either in planning or in licensing terms that what was an original four bedroomed terraced house to house fourteen people.

“The facilities within the property are barely sufficient for the present eight residents, with a single kitchen/dining room on the ground floor for all the residents, a single WC and separate shower room on the ground floor, and a single small shower/wc on the first floor.

“It would appear that there are no proposals to improve the wc/shower facilities on either the ground or first floors to cater for the six additional residents.”

He continues onto say: “This is surely not the type of residential property that we would want to be encouraging in Wrexham.

“This part of Erddig Road is at the heart of the Conservation Area, and the creation of such sub-standard housing would be completely unacceptable and out of keeping with the area.”

But the council’s Chief Officer of Planning and Regulatory, Lawrence Isted states that because the property is already occupied as a HMO it is “unnecessary to consider whether the proposals result in an over concentration of this type of accommodation.”

Addressing concerns about lack of parking, Mr Isted notes that “whilst it is accepted the property has no off-street parking spaces it is not unusual in the area”.

He continues onto say that: “Very few households living in rental accommodation in Wrexham have more than 2 vehicles, with a significant proportion of households in rental accommodation not having access to a vehicle or only have one vehicle per household.”

Mr Isted adds: “The proposal seeks to reduce the number of bedrooms from eight to seven and on the basis of the new standard the parking requirement is identical.

“The proposal will result in an up-grading of the property and will provide an opportunity to
enhance the character and appearance of the Conservation Area and preserve the areas character.

“The sustainable location reduces the requirement for occupiers to be reliant upon a car, with the property in close proximity to the main roads, bus routes, employment, access to shops and
health and community facilities.

“The property will provide general waste and garden waste bins. Open space will be provided in the 50m2 rear garden and 60m2 front garden. There is proposed cycle parking for 2 bicycles and a drying line will also be provided.”

The application will be considered for approval by planning committee members at 4pm on Monday 2nd September. The meeting will also be webcast on the Wrexham Council website.

Source: Wrexham

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Licensing specialist warns that council’s advice could land agents and landlords in trouble

A specialist on licensing schemes is warning that agents and landlords in a London borough could find themselves in breach of the law if they follow advice given by the council’s own staff.

Richard Tacagni, of consultancy London Property Licensing, says that Barking and Dagenham is giving out wrong information.

The council’s two existing licensing schemes both expire on August 31.

While it is implementing a new borough-wide selective licensing scheme on September 1, it has no replacement additional licensing scheme – although it suggests it is planning to.

Tacagni said: “Without an additional licensing scheme in place, all HMOs that fall outside the mandatory HMO licensing scheme criteria will instead need to be licensed under the council’s selective licensing scheme when individual licences expire.”

However, on the two occasions he has phoned the council’s licensing hotline to request advice on what happens when an additional licence expires, he says he has been given wrong advice.

He has been told that smaller HMOs will not need licensing from September 1, and also to wait and see if an additional licensing scheme is introduced before applying.

But Tacagni said: “Following this advice could leave landlords and letting agents in breach of the law with the risk of a criminal prosecution. They could also find themselves unable to issue a Section 21 notice of seeking possession.

“In addition, it could enable the tenants to apply for a Rent Repayment Order for the period between the old licence expiring and a new licence application being submitted.

“To remain compliant, HMO landlords with an additional licence will need to apply for either a mandatory HMO or selective licence depending on the occupancy arrangements.

“Each application needs to be submitted on or before the date that the current licence expires.”

Tacagni says that to coincide with its changes to licensing, Barking and Dagenham has raised fees substantially.

Mandatory HMO licences are up by over a third, to £1,300 for a property with five sharers.

Selective licensing fees have been hiked 78%, from £506 to £900 per property.

Tacagni says this is the highest selective licensing fee in the country, and expected to generate over £16m in fee income over the next five years.

Tacagni said: “It is important that councils provide clear, consistent and accurate information to help landlords and agents correctly interpret local licensing rules.”

The full advice is here: http://bit.ly/2YRBVmv

By ROSALIND RENSHAW

Source: Property Industry Eye

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Council’s licencing scheme ‘unlawful’, landlords claim

Coventry City Council could be breaking the law through its new landlord licensing and accreditation scheme, a trade body has warned.

The authority introduced a free, voluntary Coventry Landlord Accreditation Scheme under its new mandatory licensing system this year, effective from April 1.

But the Residential Landlords Association, which represents private sector landlords, says it could be in breach of European law, although Coventry council has disputed the claim.

Under the scheme, private landlords accredited by the council are able to obtain a longer licence for houses of multiple occupation (HMO) than those who are not, while also gaining financial benefit from paying a cheaper licence fee.

But the only way for landlords to become accredited currently is to attend training courses in Coventry in person, which the RLA says discriminates against landlords who do not live locally.

Landlords must also pay the entire licence fee upfront even if an application is pending, which the RLA believes is unlawful as a 2018 court case ruled licence fees should be split in two parts – the first being an application fee, and the second being once the licence is granted.

David Smith, policy director for the RLA, said: “The RLA is deeply concerned at the serious legal questions that hang over the council’s licensing and accreditation scheme.

“We would strongly urge the council to review this unjust scheme.”

The association has written to the authority calling on it to review both the accreditation and licensing scheme as a matter of urgency.

Coventry council says it has not acted unlawfully, adding it is in the process of developing an online training programme to its accreditation scheme.

Tracy Miller, head of planning and regulation, said “There are three different types of licensing – mandatory, additional and selective.

“Mandatory Licensing is what we already do and we have introduced an Accredited Landlord Scheme for this current licensing system.

“The proposal is for that same scheme to be used for selective and additional should we as a council adopt such schemes.

“The Accreditation Scheme is free to all, however at the moment it requires attendance at a training event.

“It is recognised that not all landlords, agents etc are local and therefore we are developing an on-line training programme in order that we are fair and inclusive to all.

“Our Accreditation Scheme focuses on the issues relevant to Coventry, so it is a local scheme for local people. It is meant to be a proactive tool to reduce the amount of reactive enforcement and to professionalise the sector.

“We would never do anything unlawfully.”

By Tom Davis

Source: Coventry Telegraph

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Plans to turn offices in Deeside into HMO turned down

Plans to turn offices in Deeside into a house in multiple occupation (HM0) have been thrown out.

Proposals were previously put forward to convert a former accountants office on Station Road in Queensferry to provide eight bedrooms.

The developers claimed there would be no major changes to the building if the scheme was to go ahead.

In a statement written on their behalf, planning agents said although there was no allocated parking included, it would not cause an issue.

However, officers from Flintshire Council have refused permission because of the flood risk at the site.

In the documents put forward to the local authority, representatives from Wrexham-based company Develemental said: “This application is for the change of use of a pair of end terrace commercial combined units.

“Currently the property is a vacant former accountancy office created from the joining of what was originally a pair of end-terraced residential properties.

“There will be no material change to the appearance of the property, except that it will be tidied up and will look better cared for and presented than it currently does.

“The only impact of the changes to the street scene is the removal of the shop front which will be largely blocked up, rendered to match with two privacy and secure window units to the two ground floor front bedrooms.

“Although no dedicated parking is provided as part of this proposal, the nature of the residents of a professionally run HMO has been proven to make this a non-issue.

“For any residents who do maintain a vehicle, immediately adjacent is a public car park which has very low daily and overnight charges.”

The scheme was refused by the council’s planning department using delegated powers.

By Liam Randall – Local Democracy Reporter

Source: Deeside

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HMO Property Investments Popular As House Sharers Get Older

Buy to let property investors are increasingly looking to HMO property investments as house sharers get older.

The latest data from property sharing platform, ideal flatmate, has looked at the changing face of the house share landscape and how more and more people above the age of 50 are prepared to be house sharers as a viable way of living.

Sharing houses has become a popular choice for many, particularly in major UK cities, where the cost of renting is too high to tackle alone.

House sharers are traditionally young people, with the 18-25 age group accounting for 43 per cent, while another 36 per cent are in the 25-35 age group.

As people become older, they are normally less likely to be house sharers, with 35-45 year-olds making up 13 per cent, 45-55 year-olds 6 per cent, and just 2 per cent of house sharers aged over 55.

However, this trend is starting to change.

just in this year so far Ideal Flatmate has seen an increase of 74 per cent in the number of over 50s using the platform compared to 2018, indicating that the older generation is coming around to the idea of being house sharers.

Co-founder of ideal flatmate, Tom Gatzen, thinks perceptions are starting to change and being house sharers has lost the ‘stigma’ it used to have, as rents continue to climb, and the issue of affordability grows ever larger. He thinks that ‘people of all ages are starting to band together and tackle the rental market in whatever way they can’.

He said: ‘Age is just a number and it’s one that doesn’t seem to hold any bearing what so ever when looking for that ideal flatmate and we expect that the fabric of the UK rental sector will continue to evolve as a result of this diversity and acceptance.’

Buy to let property investors can benefit from this new-found enthusiasm for house sharers with HMO investments that tend to bring higher rental yields.

Source: Residential Landlord

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Landlords and lenders need to be up to date with new HMO regulations

IN APRIL the Houses in Multiple Occupation Act (Northern Ireland) 2016 came into force. It brings the regulations for Houses in Multiple Occupation (HMOs) in line with the rest of the UK and imposes tough new requirements on landlords to avoid overcrowding in residential properties. It is a legislation that landlords, managing agents and lenders need to be aware of.

An HMO is a property in which three or more people from two or more different families live. It includes properties that have been converted into self-contained flats. Previously, it was the property that was the subject of the HMO Licence – and licences were granted by the NI Housing Executive, subject to certain works undertaken by the landlord to bring the property to HMO standards.

But this has now changed, and the responsibility for licensing is now passed to local councils. A landlord now must apply to register themselves as an HMO provider and must prove they are a fit and proper person to hold a licence and that granting the licence will not breach planning.

This regulation will impact landlords and managing agents across Northern Ireland, particularly those owning properties let to Queen’s University and Ulster University students at their various campuses and those intending to sell residential property portfolios.

Generally, the licence will be granted for a five-year period, but this can be shortened by the council. Licences are also subject to renewal and can also be revoked. An owner of an HMO must apply and have a licence before it can be used as an HMO and the council can refuse to grant a licence if it is not satisfied that the property has the relevant planning permissions. Though, if applications are revoked or refused, there is an option to appeal.

When ownership of a property is transferred, any existing HMO licence also ceases to have effect. This may cause difficulties for vendors and purchasers with properties being sold with existing tenants in sit. The onus will be on the purchaser to apply for and be granted a new licence as the landlord for each property it acquires.

If a property does not have the relevant planning, then a Certificate of Lawful Existing Use or Development (CLEUD) must be obtained to evidence planning, before any HMO application is made by a prospective landlord.

In order to make a CLEUD application, five years continuous use of the property must be demonstrated and proven. It will be important to have five years’ tenancy agreements and rental statements showing payments in this regard. In the alternative, a purchaser may lodge a planning application for change of use but given the over saturation of HMOs in certain areas in Northern Ireland, though there is no guarantee that planning will be granted and could be refused. This could leave a purchaser and a lender in a difficult situation.

Landlords can be prosecuted and fined if they are found to be operating an HMO without the appropriate licence and managing agents can also be prosecuted if they are complicit in the landlord’s activities.

It is therefore imperative proper advice is obtained from both a legal and planning perspective whenever a client is considering acquiring an HMO (and a lender is funding that purchase) – to ensure the property and the landlord do not fall foul of the new legislation.

Managing agents should also ensure their clients meet the HMO requirements when letting such a property on their behalf. This is a complex piece of new legislation and those dealing with residential real estate and HMOs, must familiarise themselves with it to avoid issues in the future.

By Alison Reid

Source: Irish News

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Councils must crack down on rogue letting agents

Local authorities must take much firmer action against rogue letting agents that tarnish the image of the private rented sector, the National Landlords Association (NLA) has said.

New research by the NLA found that more than half of local authorities did not prosecute a single letting agent in the four-year period from 2014/15 to 2017/18.

In a Freedom of Information (FOI) request to 20 local authorities, the NLA discovered that 53 per cent of local authorities did not prosecute any letting agents.

A further 32 per cent prosecuted three or fewer.

Liverpool City Council was the outlier, prosecuting 13 letting agents. By contrast, Hammersmith and Fulham Council did not even bother to respond to the FOI. Of the 20 councils questioned, 13 had already introduced landlord licensing schemes.

The NLA expressed concern at the fact that some letting agents make unauthorised alterations to a landlord’s property, leading to a breakdown of trust between the tenant and the landlord.

In addition, they sometimes let out a landlord’s property to multiple tenants, effectively creating an illegal “house in multiple occupation” (HMO).

Given that the licensing laws on an HMO are stricter than those for a single occupancy property, this can leave the landlord liable to fines of up to £30,000 or even criminal charges.

Richard Lambert, CEO of the NLA, said: “It is clear that too many local authorities to failing in their duty to prosecute rogue letting agents.

“These bad ones can really poison the relationship between landlords and tenants. We want to see local authorities take much firmer action.

“We were shocked to find that so few letting agents are being prosecuted by local authorities. While many local authorities have introduced licensing schemes to crack down on rogue landlords, they seem to be allowing letting agents to get off scot-free. This must stop.

“In the meantime, landlords should make sure their chosen agent is reputable and is a member of a client money protection scheme that will safeguard their assets — rental money, deposit or other funds — if they misappropriate them or go bust.”

Source: Simple Landlords Insurance