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We can all help control the virus if we all stay alert. This means you must:
Do not leave home if you or anyone in your household has symptoms.
Effective immediately, estate agents can open, viewings can be carried out, and removal firms and conveyancers can re-start operations whilst following social distancing guidelines. We must also bear in mind that the following social distancing guidelines must be followed;
We can all help control the virus if we all stay alert. This means you must:
Do not leave home if you or anyone in your household has symptoms.
All landlords and agents should read the updated gov.uk guidance; https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak
The government has set out plans to re-start England’s housing market, which has been in deep freeze since the coronavirus lockdown. The changes were contained in the updated lockdown regulations presented to Parliament on Tuesday 12th May.
Buyers and renters had previously been urged to delay moving while the “stay at home” advice was in place.
Housing Secretary Robert Jenrick said the changes must be carried out under social distancing and safety rules. He said;
“Our clear plan will enable people to move home safely, covering each aspect of the sales and letting process, from viewings to removals. This critical industry can now safely move forward, and those waiting patiently to move can now do so.”
Mr Jenrick also said that guidance from Public Health England must continue to be followed. For example, anyone advised to self-isolate should continue to do so and not move home.
The new guidance includes the permission for trades people to operate in homes, provided they follow social distancing advice.
Article abridged from BBC News https://www.bbc.co.uk/news/business-52640696
See the regulations; http://www.legislation.gov.uk/uksi/2020/500/made?utm_campaign=11539560_Parliament%20releases%20the%20brakes&utm_medium=email&utm_source=dotmailer&dm_i=Z6K,6VBZC,962SLC,RKLLM,1
Boris Johnson’s full address to the nation Sunday 10th May 2020; https://www.gov.uk/government/speeches/pm-address-to-the-nation-on-coronavirus-10-may-2020
We are awaiting new guidance from the Ministry for Housing, Communities and Local Government. Until this is released, the following guidance still stands for the sector; https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/876500/Consolidated_Landlord_and_Tenant_Guidance_COVID_and_the_PRS_v4.2.pdf
At this stage, we would recommend that you make plans to prepare your business for coming out of lockdown.
Ensure to keep in mind the following when preparing for coming out of lockdown, whenever that may be;
SWLA will keep members informed with any important updates.
Read this article from Goodlord for a great write up of the Government’s transition to coming out of lockdown;
https://blog.goodlord.co/government-announces-roadmap-to-transition-out-of-lockdown
The Tenant Fees Act 2019 came in on 01 June 2019. The ban on tenant fees applies to new or renewed tenancy agreements signed on or after 1 June 2019.
From 1 June 2020, the ban on fees will apply to all applicable tenancies. You will not be able to charge any fees after this date unless they are a permitted payment.
The ban applies to assured shorthold tenancies (except social housing or long leases), tenancies of student accommodation and licences to occupy housing in the private rented sector in England.
It means you cannot require a tenant (or anyone acting on their behalf or guaranteeing their rent) to make certain payments in connection with a tenancy. You cannot require them to enter a contract with a third party or make a loan in connection with a tenancy.
From 1 June 2019, if you entered into a tenancy agreement, student let or licence to occupy housing in the private rented sector, you are prohibited from charging any fees or other payments that are not included in the list of permitted payments.
Where a tenancy agreement was entered into before 1 June 2019, you will still be able to charge fees until 31 May 2020, but only where these are required under an existing tenancy agreement. After 1 June 2020, the term requiring that payment will no longer be binding. Should you, in error, ask a tenant to make such a payment, you should return the payment immediately and must return this within 28 days. If you do not return the payment within 28 days, you will be treated for the purposes of the Act as having required the tenant to make a prohibited payment (a payment that is outlawed under the ban).
If a pre 01 June 2019 tenancy rolls into a statutory periodic tenancy, the deposit remains as is, until the tenancy is renewed or a new fixed term starts. If the tenancy is renewed or a new fixed term agreement starts after 01 June 2019, you must return the amount of the deposit that is over the cap. Your deposit protection scheme will have the facility to do this once you instruct them.
Here is a guide if you aren’t sure about deposit refunds; https://www.arla.co.uk/media/1047879/tds-deposit-cap-guide.pdf
From 1 June 2020, the ban on fees will apply to all applicable tenancies. You will not be able to charge any fees after this date unless they are a permitted payment.
If the fee you are charging is not on this list, it is a prohibited payment and you should not charge it. A prohibited payment is a payment outlawed under the ban.
The only payments you can charge in connection with a tenancy are:
a) the rent
b) a refundable tenancy deposit capped at no more than five weeks’ rent where the annual rent is less than £50,000, or six weeks’ rent where the total annual rent is £50,000 or above
c) a refundable holding deposit (to reserve a property) capped at no more than one week’s rent
d) payments to change the tenancy when requested by the tenant, capped at £50, or reasonable costs incurred if higher
e) payments associated with early termination of the tenancy, when requested by the tenant
f) payments in respect of utilities, communication services, TV licence and council tax; and
g) A default fee for late payment of rent and replacement of a lost key/security device, where required under a tenancy agreement
More information/guidance for landlords on the Tenant Fee Ban can be found on the gov.uk website;
NAPIT have launched ‘Guidance for Landlords’ on the new Electrical Safety Standards in the Private Rented Sector, England.
These Regulations apply in England to –
all new specified tenancies from 1st July 2020; and
all existing specified tenancies from 1st April 2021.
NOTE– Properties let on statutory periodic tenancies where the fixed term expires between 01 July 2020 and 01 April 2021 WILL require an inspection and test at this point under the Regulations. For statutory periodic tenancies – where on expiry of the fixed term the tenancy rolls over into a periodic tenancy automatically by statute (rather than by contract) – the periodic tenancy would be a new tenancy.
The Regulations coming into force are for new specified tenancies which require private landlords to ensure their properties are subject to electrical inspection and testing, resulting in a satisfactory report, carried out by a qualified, competent person at intervals not exceeding 5 years. This will apply to all existing specified tenancies from the 1st April 2021.
Mike Andrews, Chief Executive Officer of NAPIT comments: “As the National Association of Professional Inspectors and Testers, we see it as our duty to provide accurate, consistent and easy to understand Guidance for landlords on these new Regulations. Electrical Safety is at the forefront of everything we do, and we have worked hard on this guidance to make it easy for Landlords to understand their requirements. We have also launched a dedicated online search facility on our website helping landlords search for competent and qualified tradespeople that they can trust to carry out their electrical inspections. As well as this we have created a new Landlord Electrical Installation Safety Record for our members to use which provides a summary of the often lengthy Electrical Installation Condition Report. We will continue to support both our members and Landlords during this period of adjustment.”
The guide is very clear for landlords. Most queries are covered;
It’s always very sad when we hear of an SWLA member passing away. We are a local association and get to know most of our members well over the years.
Mr John Farrant passed away recently, he was a member for many years. His son Tony got in touch with us in the hope that he could continue his late father’s membership so that he could also receive the help and training and value that we offer to all of our members. Tony’s father had regularly mentioned the good work that SWLA do and recommended us to many landlords that he spoke to.
Mr John Farrant was proud to be a good, fair landlord. His son hopes to continue that and SWLA are happy to help him along the way.
Thank you to Fran Miller from Bristol City Council for the following information. Please note, this is only relevant to private landlords/agents who rent properties in Bristol;
Has there ever been a better time to work with the Bristol City Council Private Renting Team?
Bristol City Council wants to hear from anyone who has a property available for private letting, either immediately or in the coming year.
Due to the Covid-19 crisis, the private lettings and sales market has stalled, with government advice stating that moves should only happen if absolutely necessary or considered an “essential move”. This has left many landlords with empty accommodation and without an income. Letting a property to a person who is experiencing homelessness or at risk of homelessness is considered an essential move. Working with us, you will be able to let your property and receive a guaranteed rental income.
By renting through the council, you’ll also enjoy a range of other benefits including no agency fees, a free property inspection, fully vetted tenants, and an ongoing comprehensive package of support for both landlord and tenant. The government has also recently increased the rates of Local Housing Allowance. This means the rent you receive will be at or close to rents that can be achieved through the private market.
Here are the increases to the monthly Local Housing Allowance rates:
| Shared Room rate | Studio/One bed | 2 bed | 3 bed | 4 bed | |
| New rate | £391.51 | £695.02 | £824.99 | £950.00 | £1,324.99 |
| Old rate | £315.81 | £585.22 | £710.27 | £848.58 | £1,136.11 |
| Increase per month | £75.70 | £109.8 | £114.72 | £101.42 | £188.88 |
Visit https://www.bristol.gov.uk/private-landlords/get-help-with-renting-out-your-property to find out more or contact the team at private.renting@bristol.gov.uk
Property Licence update for Bristol
No routine licence compliance inspections will be undertaken until further notice. However, where there is an imminent risk to the health and safety of tenants due to conditions in a property, each case will be assessed individually and action will be taken accordingly.
Deadline EXTENDED by three months for Gas & Safety Certificate submission
Working with your tenant
With eviction bans in place during Covid-19 until 30 September 2020, it is vital to keep in contact with your tenant(s). The economy has been heavily impacted and the government has stepped in to support individuals during these unprecedented times by introducing the Coronavirus job retention scheme. In addition, the Local Housing Allowance Rates have been increased from 1 April 2020.
If your tenant is concerned about their ability to pay rent due to illness, furloughing, redundancy or loss of employment, here are some useful links to pass on: https://www.bristol.gov.uk/benefits-financial-help/covid-19-financial-help
You may have concerns about whether tenants who are entitled to housing benefit can manage their monthly payments. If so, you may be able to organise an Alternative Payment Arrangement so rent payments will be paid direct to you. You will need to complete this form by email
https://www.bristol.gov.uk/private-landlords/housing-benefit-information-for-landlords
Email Before You Serve Service
Are you thinking of issuing notice to your tenant as things are not going to plan? Why not contact us to see if we can help you.
The council is committed to saving tenancies, and if you are experiencing problems and your relationship with your tenant is not as it should be, we may be able to help you by offering a mediation service. We can also provide helpful advice and guidance to help try to resolve issues and get the tenancy back on track for both you and your tenant.
Contact us to find out more about our services and find out what we can do for you.
The PRS Mediation Service is designed for landlords (or their agent) and a tenant to resolve tenancy related issues without the need to go to court.
A mediation is where an impartial person assists the disputing parties to resolve their conflict. The method of delivery for the service will be by telephone.
With the current COVID-19 situation and the announcement that court proceedings for evictions are suspended and that notice periods have been extended to three months, with the option of being extended to six months, it is more important than ever for landlords and tenants to try to discuss and come to an arrangement on tenancy matters.
There are 3 stages to the mediation process;
For further information, see the PRS website; https://tenancymediation.theprs.co.uk/?utm_source=referral&utm_medium=banner&utm_campaign=prs%20website%20banner
Wednesday 6th May 2020 3:15PM – 4:15PM
Free webinar for landlords and agents.
New electrical safety regulations are coming into force in England from 01 July 2020 – requiring electrical installations to be safety checked for new tenancies, and for all existing tenancies from April 2021. Charlotte Lee, Head of External Affairs at NAPIT, one of the leading Government Approved Competent Person Schemes for qualified and competent electricians, will be joining NRLA to explain what the new regulations mean for landlords, and how to comply in the context of COVID-19 measures. Charlotte will then be joined by Chris Norris, Director of Policy and Campaigns at the NRLA, for questions from attendees.
To register; https://register.gotowebinar.com/register/1629354593100449549
The Department for Work and Pensions (DWP) has temporarily paused third-party deductions from Universal Credit until 10 May.
DWP is currently in the process of explaining the changes to claimants via their online journal and to third parties, including housing providers who collect arrears by this method.
The third-party payments that have been suspended include:
A DWP spokesperson confirmed to Propertymark that direct payments for rent will continue and are not affected by this temporary pause.
https://www.arla.co.uk/news/may-2020/dwp-suspends-third-party-uc-payments/
Thursday 7th May 2020 7:00 PM
Free Webinar for landlords, click here to register; https://register.gotowebinar.com/register/8453065592100099855?source=Upad&utm_medium=email&_hsmi=87188725&_hsenc=p2ANqtz–MYb-PLir2dX2onyaEnmNXLV0TsZIs6tKxDtswfzNMWAW5bEjxZO_-8uYyLVvMOR5UYh58&utm_content=87188725&utm_source=hs_email
Visit the Goodlord website for further information; https://blog.goodlord.co/qa-david-cox-answers-questions-on-legislation-and-the-impact-of-coronavirus-on-the-lettings-industry
All information on this post is from the Webinar hosted by Goodlord, 29 April 2020. Advice may change as the Government make daily updates.
The government has made it very clear that estate agents and letting agents are not essential workers. A house move is not an essential move except in exceptional circumstances. Where people need to move, that is acceptable. Where people want to move, they’ve just got to put it on hold. That’s where the “hit pause” message comes from.
There are times where people need to move. The government has outlined in the guidance quite a few specific examples and it is effectively, where there was a risk to life or limb. I would use that as your benchmark. If there was a risk to the life or limb of the inhabitant of that property, then they need to move. If they don’t or if there isn’t, they don’t need to move right now. To give you a few examples – the roof caved in or the boiler has stopped working and you’re not going to be able to get the boiler fixed. Effectively, if the property’s unfit for human habitation. Another one is domestic violence – if there is a situation of domestic violence , then of course that is a need to move.
The final one is the essential workers. Essential workers are permitted to move for many reasons. One, is to be closer to work. The other is, particularly for NHS staff that are going into hospitals and exposing themselves to the virus every day, they may have family at home who need to shield. Therefore, key workers self-isolating from their family to protect them from the virus is also a perfectly acceptable reason to move.
That wouldn’t be classed as an essential move. I would suggest putting it on hold for the time being. Plus, even if they were going to a new job across the country, they wouldn’t necessarily be going into an office at the moment. Therefore, they would be home working in any event.
I think you’ve then got to look at the properties. If it involves somebody moving out that’s not an essential worker, then again, that’s when you should pause. If there are empty properties, and we are aware there are many empty properties around the country, it may be possible – whilst complying with the social distancing guidelines from the government – for somebody to rent an empty property.
Right to Rent checks have been relaxed during the lockdown. I would highlight very much, during the lockdown. Whilst we are in a period of lockdown, you can do them virtually. By seeing the person on a video whilst having a copy of their scanned documents. You still need all the documents, but they can be scanned and emailed to you rather than seeing them in person.
As long as you’ve got the scanned documents, you’ve then done a video call to see that the person that is on the video is the same person as in the document, you put a note on their file, you’re good for the duration of the lockdown. The relaxation is very specific that it only applies during the lockdown. Once you come out of lockdown, you then have to go and do the physical check. If you don’t do the physical check in a reasonable period of time, even if you’ve done it all right at this moment in time, you will still be liable to the penalty.
I would suggest keeping a log of all the ones that you’ve done virtually. Then when we come out of lockdown, get that log out and go and do the physical checks.
No – check out is not an essential activity. Therefore, stay at home. On this one, the government’s advice is clear.
Where I can see the possibility of doing a check out is where somebody has abandoned the property. They have moved out and you’ve now got an empty property that you want to try and re-let and you go and do the video to do virtual viewings. If you’re going in to do the video viewing, I don’t see why you couldn’t do the check out at the same time. But making a special effort to go and do a check out is, I would say, very much a breach of government guidelines at the moment.
The advice from the Tenancy Deposit Scheme seems to be – and I’m in complete agreement with it – if you as a tenant have moved out against government guidelines and has broken the law, because it is a breach of the Coronavirus Act to be doing that, you cannot then turn around to your landlord or your agent and say, “Well, I’ve broken the law. Therefore, I now want you to go and break the law and do my check out.”
It’s not technically essential, but if it’s one person going to a property that’s been empty for at least 72 hours and checking that the property is secure as well, I think that should be okay. I can’t guarantee it. It is technically a breach of the Act because it’s not essential. If you’re going to put an essential worker in the property, maybe you could argue that it is essential. It’s one of those legal grey areas. I know how much pent up frustration there is in the market to move. You’ve got properties sitting empty, you want to get them at least so that they can be viewed virtually online. I could probably see an argument where that would be at least arguably acceptable even if not strictly in accordance with the government guidelines.
What we are hearing that the market is doing, and I think it seems quite sensible is redoing that affordability criteria – you will have gone through the vetting and the referencing, you’ll have a lot of the information… Just redo it. You saw what their affordability was when they first moved in. You’ll now see based on what they’re now earning under COVID-19. at which point you can then make evidence-based decisions rather than saying, “Okay. Furlough scheme drops to 80%, therefore we’re only going to charge 80%.” Do a slightly more scientific calculation as you would have done when they first moved into the property.
There really is nothing you can do. The ban on evictions is a ban on evictions. No matter what was being said at the time that it’s only technical. It’s not. It was the legislative mechanism that the government used to ban evictions and it’s worked.
There’s a difference between the “can’t pays” and the “won’t pays.” The “can’t pays” certainly, something that we’ve been working on is our keep the rent flowing campaign. If there are people who are falling through the safety net, let us know. We have been taking those to the government.
You then have the “won’t pays.” The “won’t pay,” I think, do bear in mind, they’re probably still paying their mobile phone contract, their broadband, their Skype. They just don’t want to pay the rent. It’s not that they can’t pay, it’s that they don’t want to pay. What I would suggest is to remind them that you will pursue them through the courts, they will be building up a massive rent arrears debt. A county court judgement will make it more difficult for them to get credit cards, mobile phone contracts, any other sort of credit agreements, loans, car finance, and ultimately mortgage finance down the line.
We are very much in tune with government policy on this one and the government is very clear – the first line of their guidance to landlords and tenants is, “Pay the rent.” It’s not beneficial for a tenant to be building up loads of rent arrears.
If you’ve got a guarantor agreement, that is what they’re there for, if the tenant falls into arrears. What to do with somebody that is already in arrears, I’m afraid I don’t know. The only thing I could suggest is the Money Advice Service to get some sort of debt counselling for the tenant.
What the Coronavirus Act says is that all notices are extended at this moment to three months, whether the original notice would have been for 14 days, two months, whatever. When the notice is expired, you begin the possession proceedings as normal through the courts. Now, a couple of points on this one. Number one is that the ministers could extend that three month notice. So, to answer the question… Possibly.
Simultaneously, all proceedings are suspended. From the 27th of March, there was a 90 day moratorium, which takes us to the 24th of June. I would suggest that when your notice expires, if you still do want to get the tenant out, you begin the court proceedings like you normally would for any other court process. You will lodge the case but what will happen is that it will immediately be suspended at that moment in time pending the Master of the Rolls withdrawing the practice direction that has suspended all court cases. What I would suggest is at the moment, “Do it as normal. It just means it’s going to hit an absolute brick wall the moment you proceed at the court.”
As I understand it, if you leave it, the standard four month notice period expires, so you only have four months from the expiry of the notice to bring the proceedings. Otherwise, you have to start the whole process again.
If you’re using cloud-based systems, it might look and feel like it’s running on your computer, actually, you’re using an internet site through your browser, then the data hasn’t actually landed on your computer. The data’s as secure as the cloud-based system is. You can use any machine, frankly, as long as it hasn’t been hacked or compromised, as long as it isn’t being viewed by cameras. Things like that that could be used to steal data.
The honest answer is, nothing apart from training. If they do any work, they’re not on full furlough. They can do training. If you’re doing your qualification at the moment in advance of RoPA, that’s perfectly acceptable. Online courses, they’re still perfectly acceptable. You can do training, you can’t do any actual work. Doing any work at all for the company will breach the furlough.
I think it would be perfectly acceptable to say with furloughing that you’re still being paid 80% of your wages, therefore, we expect you to do your training. I don’t think there’s anything wrong with expecting your staff to do their qualifications whilst they’re on furlough.
The government has made it very clear, legal responsibilities are legal responsibilities. You should continue doing them where you can. That includes the electrical safety regulations from 1 July. The electrical safety regulations say that, “From tenancy start date or tenancy renewal date, all new tenancies from the first of July need an Electrical Installation Condition Report.” It’s a little bit more detailed than that, but you do need to do it. The government guidance is clear. Whether it’s electrical, gas, fire safety, testing smoke alarms on the first day of tenancy, MEES and EPCs, you still need to do those under lockdown.
Yes. It’s about tenancy start dates. So, it doesn’t matter when you’ve signed the tenancy, if the tenancy renewal date is the first of July, you need to comply with the EICR.
Where an agent or landlord has done everything that they can, they have an excuse against penalty. I saw some research from Generation Rent a couple of weeks ago that suggested over 60% of tenants are refusing entry to contractors, landlords, agents at the moment. I think it’s also totally understandable. Would you want a stranger in your home at this moment in time? For most people, I would say the answer’s probably going to be, “No,” unless you’ve invited them in. Therefore, what the government has put in the guidance very clearly is, you need to do your legal obligations but if the tenant says, ‘No,’ then that is your excuse. Make sure you’ve got it documented as a file note on your system. When you come out the other end and we are in a post lockdown world, you’ve got a log of all the properties that need to be checked and get those done as a matter of priority.
What I would also say is, where you are sending people in, make sure that you are minimising virus transmission. Check with both parties that they’re not experiencing symptoms. Then, when they get there, try and make sure that the tenants are in a different room from the contractor to minimise interaction and possible viral transmission and maintain the government’s social distancing guidelines.
It’s still valid. It’s just suspended under Practice Direction 27 from the Master of the Rolls. If it was served and expired, and court proceedings had already started when we hit lockdown under suspension on the 27th of March, it’s just suspended. If you’d served it but it hadn’t expired, it’s still within the two months. So, you don’t need to put that extra month on; but once it’s expired, under the Deregulation Act, you only have four months to start proceedings. What I would suggest if you do still want to go forward with the eviction, begin the proceedings now. Even though once you’ve lodged the case at court, the court will just go, “We’re suspending until at least the 24th of June.” If you don’t lodge the case, you’re going to run out of time under the Deregulation Act and have to start the whole process again.
At this moment in time, the government is really not thinking about anything other than coronavirus and the implications of coronavirus. The abolition of Section 21 and the Renters’ Reform Bill is a key piece of legislation that is a top priority for the government. However, the only priority for the government at the moment is tackling the coronavirus pandemic. The Regulation of Property Agents is pretty much put on hold at the moment. I’m sure it probably is still ticking along quietly in the background but it’s not at the forefront of the minds of the senior civil servants that will be pushing things forward.
In that situation, then you have to serve Section 21 at the moment, but you’re not going to be able to get the tenant out. Therefore, you have a situation of having to pursue the tenants through the courts if they refuse to leave; but you’re not actually going to be able to do that for several months. Once again, either the tenant will have to stay in the property and continue paying rent, or they’ll start building up rent arrears and we go back to our earlier questions about how to tackle tenants that won’t pay their rent.
One of the reasons that this is taking longer than the government probably wanted was because this is a cross departmental initiative. Housing law is governed by MHCLG, Ministry of Housing, Communities and Local Government, this is about changing court processes and court procedures. The government has been very clear that they are not planning on abolishing Section 21 until they have improved Section 8. That requires the Ministry of Justice to be heavily involved and Her Majesty’s Courts & Tribunal Service. It is not something that MHCLG has the authority to just do on its own. It needs to work with other government departments.
I think the pandemic has had an impact for the time scales – we are probably about a year behind schedule at this point in time. We are still expecting that the recommendations will be taken forward pretty much as is. What I’m expecting is it will be a Level 3 for employees, it will probably be a Level 4 for employers. We’ve seen quite an uptake in people taking the qualifications to get ahead of RoPA. We know that it’s going to have to be an Ofqual regulated qualification. There aren’t that many Ofqual regulated qualifications in the market, but now is a great time to actually do the study.
I think the impact of coronavirus on the way agents have been running their businesses under lockdown and some of the learnings that they are making is going to change the market quite significantly. On top of that, the government is sooner or later going to go back to its normal course of business – the regulation of property agents, abolition of Section 21.
Once we come out of those, I think they’re going to be looking at regulation of landlords. The plan has always been to start with the property agents, then go on to the landlords. That deals with one side of the private rented sector, which is the management standards. The second side of that is the property standards. I do think we are going to go into a much tougher regime on property standards.
Start planning for when it’s going to be lifted. Look at your workloads at the moment. Are you expecting a lot of tenancies to move shortly after lockdown? If you are, you’re going to need the staff to be able to do it. It’s a logistical exercise more than anything. How are you going to manage the gas checks, the electrical checks, the testing of smoke alarms? How are you going to get all those done in a very short space of time? How are you going to get the inventories, the check ins, the checkouts, inventories and everything sorted? What about if you’ve got to do work and cleaning?
I would suggest that you take this time to plan a very detailed first seven days back. Once, as the business owner, you have planned what you’ve got to do you then know all the tasks that need to be done. Then you’ve got to work out the human resources required to undertake those tasks. Remember that when you furlough somebody, they’ve got to be furloughed for a minimum of three weeks.
Following some great feedback we received from a member about TDH Asbestos Ltd ( https://www.landlordssouthwest.co.uk/tradelisting/tdh-asbestos-ltd/ ) we would like to remind our members that you can access our Trade Directory anytime, no need to log in. You will find everything from Gas Safety engineers to decorators to lawyers to electricians.
If you have had a brilliant service from a company at your rented property, we welcome new listings, companies can contact the SWLA office for further information.
Here’s the brilliant review we received about TDS Asbestos;
”Thank you for the link to TDH Asbestos Surveying. An excellent service. Prompt and efficient and polite. I can’t find a way of leaving an actual review, but I thought I’d pass on my thoughts.”
To access our Trade Directory; https://www.landlordssouthwest.co.uk/tradelisting/
Free Webinar for Landlords and Agents; WEDNESDAY 29 APRIL 2020 | 9.30AM – listen by clicking the link below anytime.
ARLA Propertymark CEO David Cox discusses the latest legislative and legal changes affecting the lettings industry, and shares his advice on how to keep on top of them. He will be covering:
Listen in full here;
URGENT ACTION REQUIRED, SUBMISSIONS ACCEPTED UNTIL FRIDAY 1ST MAY 2020. WE URGE ALL LANDLORDS AND AGENTS TO RESPOND.
The HCLG Committee has launched an inquiry into the Impact of Covid-19 (Coronavirus) on homelessness and the private rented sector. It will consider both the immediate and long-term impact that the COVID-19 pandemic is having on the homeless, rough sleepers and those in the private rented sector.
The Committee expects to hold an evidence session in early May onwards to hear directly from stakeholders and Government about what is being done and what further support is needed.
This Universal Credit newsletter aims to provide information to social and private landlords on Coronavirus (COVID-19) and Universal Credit; https://www.gov.uk/government/publications/universal-credit-landlord-engagement-newsletters/coronavirus-covid-19-universal-credit-landlord-engagement-newsletter
Summary;
Free Live Webinar for Landlords, Property Agents and Tenants.
FRIDAY 24TH APRIL 12.30PM – (link can be sent if you cannot watch live)
Whether you are buying, selling or renting the lockdown has caused many property-related challenges. Can I complete? Can I move in? What happens to my deposit. Over the past few weeks we have talked to many people and a number of them were dealing with difficult property issues like these.
Join this webinar with Neil Tozer of www.ridgewater.co.uk and Rebecca Holloway Partner and Head of Residential Property at BOYCE HATTON LLP who will help answer the top questions and more during this free webinar
1) If I am renting does my Landlord have to do essential repairs?
2) I am a Landlord, do I still have to do the annual Gas Safety Certificate
3) Can I move house now?
4) What transactions can be completed at this time?
5) Is there anything I can do to help sell my property once lockdown is over?
6) Can I / My Agent still do viewings on my property?
7) Can I still market my property for sale or rent?
8) What does the housing market look like now, in 3 months and beyond?
9) What do I do if my tenant says they can’t pay the rent?
10) My landlord gets a mortgage holiday, why do I have to pay rent?
They will also be taking live questions.
Sign up if you are interested in the property market right now and even if you cannot get to the live webinar you will be sent a link to the recording.
https://www.bigmarker.com/we-are-lean-and-agile/Your-Top-7-Property-Lockdown-Questions-Answered
Bristol – https://www.bristol.gov.uk/crime-emergencies/coronavirus-covid-19-what-you-need-to-know
Devon – https://www.devon.gov.uk/coronavirus-advice-in-devon/
Exeter – https://exeter.gov.uk/clean-safe-city/community-safety/coronavirus/exeter-community-wellbeing/
North Devon – https://www.northdevon.gov.uk/coronavirus/communities-and-voluntary-sector-support/
Plymouth – https://www.plymouth.gov.uk/newsroom/pressreleases/caringplymouthsupporthublaunches
Teignbridge – https://www.teignbridge.gov.uk/coronavirus-covid-19/coronavirus-help-and-advice/coronavirus-updates/hotline-help/
Torbay – https://www.torbay.gov.uk/health-and-wellbeing/public-health/coronavirus/community-help/
West Devon – https://westdevon.gov.uk/6715
Employers can apply for direct cash grants through HMRC’s new online portal – with the money expected to land in their bank accounts within six working days.
If you sell your property after 6 April 2020 you must report and pay Capital Gains Tax within 30 days of selling property in the UK.
Capital Gains Tax is a tax on the profit when you sell (or ‘dispose of’) something (an ‘asset’) that’s increased in value.
It’s the gain you make that’s taxed, not the amount of money you receive.
Some assets are tax-free. You also do not have to pay Capital Gains Tax if all your gains in a year are under your tax-free allowance.
You may have to pay interest and a penalty if you do not report gains on property within the time limit.
You’ll need a Government Gateway user ID and password. If you do not have a user ID, you can create one when you report and pay.
If you sold the property before 6 April 2020, report the gain using the ‘real time’ Capital Gains Tax service or in your next Self Assessment tax return.
For further information; https://www.gov.uk/capital-gains-tax
Shortly after the fire at Grenfell Tower, the independent expert advisory panel advised the government to undertake identification screening of residential buildings over 18 metres tall (in accordance with building regulations guidance on rain-screen cladding). This is in order to identify the type of aluminium composite material (ACM) used.
Action for private sector residential landlords.
It is the responsibility of building owners in the private residential sector to carry out necessary measures to ensure the safety of their residents.
Since June, the government has been urging owners of private residential buildings over 18 metres to make urgent use of the free ACM screening tests, and to report the results to local authorities so that private sector blocks with ACM cladding systems can be identified.
We are also working with local authorities to identify privately owned residential buildings over 18 metres with ACM cladding systems. Financial support to local authorities for the work needed to collect data on high rise residential buildings and report on cladding was provided in line with the new burdens doctrine.
Work to reach private sector landlords continues – through industry bodies including the Home Builders Federation, Association of Residential Letting Agents, and the British Property Federation.
For further information; https://www.gov.uk/guidance/aluminium-composite-material-cladding?utm_source=a63bd941-6973-46dd-a81c-08e2a9796677&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
Changes announced will help businesses avoid being struck off the Companies House register as they deal with the impact of the Coronavirus outbreak. Businesses will be given additional support to help them meet their legal responsibilities.
Companies House will temporarily pause the strike off process to prevent companies being dissolved. This will give businesses affected by the Coronavirus outbreak the time they need to update their records and help them avoid being struck off the register.
In addition, companies issued with a late filing penalty due to COVID-19 will have appeals treated sympathetically.
The announcement builds on measures already implemented by the Secretary of State for Business, Energy and Industrial Strategy, which give businesses the ability to apply for a 3-month extension to file accounts with Companies House.
For further information; https://www.gov.uk/government/news/companies-house-support-for-businesses-hit-by-covid-19?utm_source=d18776e2-62d2-4d0a-b11d-d75ca62e6f8e&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate
The Government has announced that the Coronavirus Job Retention Scheme has been extended by one month to reflect the continuing social distancing measures.
The extension allows UK businesses to continue to protect millions of jobs.
The scheme, which allows businesses to furlough employees with the Government paying 80 per cent of employees’ wages up to a maximum of £2,500, was originally open for three months and backdated from 1 March to the end of May. The Government has taken action to help the economy bridge through this period of national emergency so that as many people as possible can get back to work as the situation improves.
For further information on Government schemes that can help those experiencing financial difficulties;
If a tenant falls into serious rent arrears (over 2 months or 8 weeks – depending on rent period) a landlord now needs to give minimum 3 months notice to their tenant before court proceedings can begin. Previous to the coronavirus pandemic, this notice period was no less than 2 weeks.
The prescribed Form 3 has been updated and published by the Government to reflect this change. This form should be used by landlords from 27th March 2020 up to 30th September 2020 but this date may be extended.
Tenants’ obligation to pay rent has not changed. There are many financial packages available to most people affected financially by the coronavirus pandemic. Landlords should have discussions with their tenants and remain understanding and flexible with regards to any financial difficulties. Any rent payments that are not paid in full would be classed as arrears and would need to be paid back to the landlord at a later date.
One in nine mortgage holders in the UK has taken a mortgage payment holiday as their finances have been affected by the coronavirus.
Landlords are being encouraged to think twice before requesting to defer mortgage payments. Broker ‘Mortgage for Business’ has said that only a handful of landlords contacting its switchboard about mortgage repayment holidays are raising legitimate concerns about how to pay their mortgage during the coronavirus pandemic.
Whilst there are landlords who find themselves in genuine financial hardship, the broker said that many landlords who are applying for the holiday do actually have sufficient means to get them through this difficult period.
The managing director of Mortgage for Business said that apart from the moral implications of abusing a mortgage repayment scheme brought in at a time of national crisis, it could play out badly for the landlord. He insists that applications made could affect current and future borrowing applications.
He said “Landlords must be aware that any requests could potentially damage any approaches to that lender. Lenders expect landlords to be able to cover void periods under normal circumstances – where a property is empty, and a landlord isn’t getting any rent.
Additionally, Mortgages for Business points out that most buy-to-let lenders will ask landlords to prove they are in financial hardship before granting any holiday request. While a landlord’s tenant may be in distress and unable to make rental payments – to benefit from the scheme, landlords also need to be unable to meet their mortgage repayments.
He added: “The message is simple. Do not approach lenders for payment holidays without first taking advice and thinking about the longer-term consequences. Any deferred payments will have to be made at some stage and it could create problems down the line – especially when you come to refinance or grow the portfolio.”
NRLA (with full support and action from SWLA) have called for a package of measures from the Government and mortgage providers. Including temporary scrapping of the 5 week wait for Universal Credit and ensuring lenders look sympathetically on requests from landlords for a mortgage break when their income is affected through reduced or non-payment of rent.
Article abridged from Landlord Today