Tag Archives: business
Research reveals lack of formal tenancy agreements in UK for residential property
One in 10 private landlords in the UK has no formal tenancy agreement in place with their tenants, new research has found. And where contracts are in place, landlords may unwittingly be asking tenants to sign documents that are not legally compliant, according to the survey by landlord insurance provider Direct Line for Business. Of the landlords who don’t use a letting agent some 58% used adapted tenancy agreements from either old agent contracts or other landlords or an updated template they found online at 38% and 20% respectively. It appears landlords employ letting agents when they first rent out the property, then use the old contract template when agreeing a direct rental with new tenants or upon renewal with their existing tenants. The study suggests that a lack of professionally reviewed tenancy agreements may explain why 13% of landlords have experienced disputes specifically arising from tenants’ rental contracts in the last two years. Also concerning, it says, is that 9% of landlords have not informed their tenants that their deposit is held in a government backed tenancy deposit protection scheme (TDP). This is despite the fact it’s a legal requirement that landlords provide the name and contact details of the tenancy deposit protection scheme (TDP) and its dispute resolution service within 30 days of taking a deposit. The research also revealed that 4% of landlords have not taken any deposit from their tenants. ‘Tenants and landlords need a contract in place to protect both their interests. Contracts, deposits and deposit protection all help to make clear what is expected from each party when renting a property, and which can help minimise disputes where possible,’ said Nick Breton, head of Direct Line for Business. ‘If an old contract is adapted it may not comply with new legislation or be relevant for the current market. Given the volume of disputes arising from tenancy agreements it’s important to get the contract seen by a legal professional before it’s signed,’ he explained. ‘We understand that getting legal documents in place can be complicated which is why we’ve launched our new Legal Documents Service for landlords. Not only can this save landlords time and money, but creating the documents is both quick and easy, and most importantly, they can be reviewed by a Solicitors Regulation Authority (SRA) regulated law firm to ensure they are legally compliant. Based on our research of solicitor prices, it is estimated each landlord using the service would save over £250,’ he added. When it comes to rights and protection, 38% of landlords in England have never heard of the government’s How to rent: the checklist for renting in England, which explains the rights and responsibilities of landlords and tenants while less than a third of landlords have supplied or directed tenants to this guide. Direct Line for Business has launched a… Continue reading
Many UK landlords unaware of new mortgage legislation, research suggests
Accidental landlords in the UK are most at risk of being caught out by new European Union mortgage legislation, new research suggests. Some 55% buy to let mortgage applicants are unaware of the impending changes to mortgage law and accidental landlords, those who did not intentionally set out to rent out a property, are least likely to know about these regulatory changes. The research by landlord insurance provider Direct Line for Business amongst mortgage brokers also reveals that 62%of applicants were unaware of either the changes to mortgage tax relief or the EU's Mortgage Credit Directive (MCD) and therefore changes which could impact their ability to secure a mortgage. This lack of awareness rises to 71% amongst 'accidental landlords', namely those who rent out property due to unforeseen circumstances such as being unable to sell, or inheriting a home. Mortgage advisers estimate that accidental landlords account for 17% of new mortgage applications, with overall buy to let mortgage applications growing by 29% in the past year. The research also shows that only 7% of mortgage advisers believe that the MCD will have a positive impact on approvals of buy to let mortgage applications while 59% expect it to have a negative impact. The EU's MCD could see circumstances where landlord mortgage lending will be viewed as ‘consumer’ lending and therefore could be subject to more stringent lending criteria. Accidental landlords with one or two rental properties may not be able to pass the expected new affordability tests. Changes to the mortgage tax relief are set to be phased in from April 2017 with landlords no longer able to deduct mortgage interest payments before calculating their tax bill. They will instead get a tax credit equivalent to 20% basic rate tax on this amount. Landlords are also now paying a 3% surcharge on stamp duty. ‘The new EU legislation on mortgages coupled with the Government's increase in buy to let taxation could significantly alter the buy to let market, so we would encourage any mortgage applicants to think carefully about the new law and how this could impact them as a landlord,’ said Nick Breton, head of Direct Line for Business . ‘With house prices in the UK rising by 7% in the year leading to October 20152, and with the estimated average deposit standing at more than £61,000, it is imperative that landlords are able to maintain a suitable amount of property to house the population of young people saving up to buy their first property, or those seeking a temporary stay in a town or city,’ he added. With the new legislation set to be phased in between 2017 and 2020, Direct Line for Business is providing landlords looking to protect their income with suggestions. It says that as letting and management agents currently charge between 10% and 15% of the monthly rent in fees those with the time and who are prepared to take on the… Continue reading
Residential rents in England and Wales rise for first time for several months
Rents in England and Wales increased by 0.1% between January and February, the first monthly rent since autumn 2015, according to the latest index. This took the average rent to £791 a month and could be the first of several rises as the private rented sector braces for anti-landlord policies such as tax changes. The data from the buy to let index from Your Move and Reeds Rains also shows that year on year rents are up 3.3%, or an extra £25 a month for the average tenant. Average rents are now rising on a monthly basis for the first time since September 2015, up 0.1% between January and February. Rents across England & Wales now stand at £791 per month as of February, 3.3% higher compared to this point last year – or an extra £25 per month for the average tenant. On a regional basis rent rises were led by the Midlands. In the East Midlands tenants have seen the fastest annual rent rises, up 7% over the last 12 months. This is followed by the West Midlands with 6.3% and the East of England with rents 6.2% higher than in February 2015. These three regions all stand ahead of London on this basis, with rents in the capital 4.8% higher than 12 months ago. As recently as November, London consistently led the field in terms of annual rent rises. Meanwhile, at the other end of the spectrum rents are lower than a year ago in three out of 10 regions. These exceptions are led by the North East where the average rent is now 2.5% lower than in February 2015, followed by Wales with rents down 1.5%, and the South East with a marginal 0.1% annual drop. Five out of 10 regions have now seen rents rising month on month. On this basis the East of England leads with rents in February 1.1% higher than in January 2016. The South East and the East Midlands are joint second on this measure with rents up 0.6% between January and February. By contrast, rents in Wales and the North East are now 0.9% lower and 0.7% lower than in January, respectively. On the back of the latest monthly increases, monthly rents in the West Midlands have set a new an all-time record high, at £596, alongside a new all-time record for Yorkshire and Humber rents at £559. The East Midlands, while home to the fastest annual rent rises in the twelve months to February, has seen rents remain just £1 short of the all-time record high set at £610 in November 2015. Adrian Gill, director of lettings agents Your Move and Reeds Rains, pointed out that rents are rising at a time when demand is growing. ‘Rent rises could now accelerate further. If government attacks on landlords bite, having worsened again in this week’s Budget, the flow of investment… Continue reading
