Header- Phone Number

01752 510913

Header – Email Address

info@landlordssouthwest.co.uk

Search the Blog

Request a Call Back

If you are interested in joining us and would like to have a chat please enter your details below and we will get back to you as soon as possible.

Fill out my online form.

Blog Categories

Monthly Archives

Plymouth Properties Required for Families

Posted on July 2nd, 2020 -

BCHA are a social housing landlord and registered housing provider delivering services in Plymouth, who are looking to lease more residential properties in Plymouth.

BCHA are interested in leasing a range of 2 /3 /4 or 5 bedroom houses to use as family homes

Benefits to the owner:

  • A guarantee to pay you every month in full
  • Repairs and maintenance covered
  • No letting agent costs
  • BCHA ensure the property is fully compliant
  • BCHA lease for a period of 1-3 years, sometimes longer
  • Guarantee that the property is returned in an improved if not original condition

Please contact Nick Richards if you are interested in further discussions.

Nick Richards Property Development Officer

BCHA, St Swithun’s House, 21 Christchurch Road, Bournemouth BH1 3NS

Tel No: 01202 410538       Mobile: 07971614990


Courts to Resume Possession Cases from 24th August 2020

Posted on July 2nd, 2020 -

The government has confirmed that courts will begin to hear possession cases from 24th August – providing greater certainty for the rental market.

The suspension of possession cases began on 27th March and was put in place to give tenants reassurance and security during the Coronavirus pandemic.

https://www.arla.co.uk/news/june-2020/concerns-expressed-to-ministry-of-justice-on-housing-possession-cases/


Section 21 & Gas Safety Record Before Occupation

Posted on June 26th, 2020 -

Of course, landlords need to ensure that they provide a Gas Safety Certificate to a tenant before occupation. However, what if this certificate is given late? Does that mean that a landlord can never serve a Section 21 notice?

A Court of Appeal decision has been made; all information in this article is from Landlord Blog – https://www.landlordlawblog.co.uk/2020/06/18/failing-serve-gas-safety-certificate-tenants-move-fatal-s21-claims-says-court-appeal/

This post is written by housing barrister Justin Bates who led for the successful landlord in this case.

In Trecarrell House Ltd v Rouncefield the Court of Appeal has held (by 2 to 1) that a landlord who has failed to provide his tenant with a gas safety certificate before the tenant enters into occupation is not prevented from using s.21, Housing Act 1988 to recover possession so long as he remedies that omission before service of the notice.

Legal framework

The Gas Safety (Installation and Use) Regulations 1998 impose various obligations on residential landlords. These include a requirement to carry out an annual gas safety inspection (r.36(3)); to give a tenant a copy of a gas safety certificate within 28 days of any such inspection (reg.36(6)(a)); and, to give the current certificate to any tenant prior to occupation (reg.36(6)(b)).

Section 21, Housing Act 1988 creates a “no fault / notice only” ground for possession against an assured shorthold tenant. A notice may not be given at a time when a landlord is in breach of a prescribed requirement (s.21A, 1988 Act). The prescribed requirement include reg.36(6) of the Gas Safety (Installation and Use) Regulations 1998, save that

… the requirement… is limited to the requirement on a landlord to give a copy of the relevant record to the tenant and the 28 day period for compliance with that requirement does not apply

(Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015).

The Facts of the Case

In February 2017, Ms Rouncefield became the assured shorthold tenant of a flat of which Trecarrel House Ltd was her landlord. The landlord did not give her a gas safety certificate before she entered into occupation but, in November 2017, provided her with a copy of a certificate dated January 2017.

In May 2018, the landlord served notice under s.21, Housing Act 1988 and issued possession proceedings. The tenant defended the claim on the basis that because no gas safety certificate had been provided prior to her taking occupation, the landlord was not entitled to serve notice under s.21.

The Circuit Judge held that a failure to provide a gas safety certificate before the tenancy commenced was not capable of being remedied and dismissed the claim for possession.

The Court of Appeal granted permission to appeal. The tenant served a Respondents’ Notice taking a new issue. It was said that there had been a further gas safety check carried out in February 2018 and that no gas safety certificate had been provided in respect of that test; the failure to do so was said to amount to a breach of a prescribed requirement and so to provide a further reason why the s.21 notice was invalid. The landlord contended that the certificate
had been given before the s.21 notice was served.

The Court of Appeal Decision

By a majority, the Court of Appeal held that the correct construction of s.21A and the 2015 Regulations was that the time period for compliance with both Reg.36(6)(a) and (b) was disapplied.

Thus, a s.21 notice could be given so long as the landlord had – at any time before service of the s.21 notice – given the tenant a copy of the certificate which was in force before they entered into occupation and a copy of any further certificate which related to a subsequent inspection.

It was therefore immaterial that the January 2017 certificate had not been given to the tenant until November 2017. There was, however, a factual dispute as to
whether the 2018 certificate had been provided and that was remitted for consideration by the county court.

Implications

In simple terms, this is good news for landlords. A failure to provide the original gas safety certificate prior to the tenant going into occupation is not fatal to a s.21 claim so long as it is provided before the s.21 notice is served.

Likewise, the failure to give the annual test certificate is not fatal so long as it too is given before the s.21 notice is served. Given the huge number of gas safety tests that have been missed as a result of the current public health crisis, that is likely to come as a sharp relief.

There are, however, two difficult questions which are left open by the judgment.

The first is what the position is if the landlord has not done a gas safety check (and so does not have a gas safety certificate) for the period before the tenant went into occupation. How (if at all) can that be remedied? What if a check was done but the record is now not available?

The second is similar. What happens if the landlord fails to do the annual gas safety inspection so that there is no certificate to provide? This is probably less important. There is recognition in the judgment that the duty to do an annual safety inspection (reg.36(3)) is not a prescribed requirement for the purposes of s.21A, Housing Act 1988.

There is, however, something rather unattractive about a landlord seeking possession in circumstances where he has unlawfully failed to do a check (and thus provide a certificate) and whether that amounts to (impermissibly) relying on your own wrongdoing.


Free Landlord Webinar – Life After Lockdown, Back to Business

Posted on June 25th, 2020 -

Tuesday 30th June 2020, 2pm

Hosted by Paul Shamplina, Landlord Action and Fran Miller, Bristol City Council.

Sign up here; https://register.gotowebinar.com/register/6499132275425335053

Paul Shamplina has 28 years’ experience in the legal field helping landlords; and set up Landlord Action in 1999 .  Paul believes passionately in the rights of landlords and campaigns to improve the standards in the private rented sector.   Well known in the media, Paul regular presents on Channel Five’s hit series ‘Nightmare Tenants, Slum Landlords’   Paul will be sharing his knowledge, experience and expertise in his webinar at a time when landlords face an uncertain future.  

Paul, recently awarded ‘Best Seminar Speaker 2019 at the National Landlord Investment Show Awards, is generously giving you the opportunity  to keep up to date and will be covering: 

  • Government Guidance under Covid 19
  • Managing tenancies
  • Dealing with disputes
  • What parts of the PRS are affected the most


Coronavirus – Ban on Evictions Extended by 2 Months to Further Protect Renters

Posted on June 8th, 2020 -

  • Suspension of evictions from social or private rented accommodation extended by 2 months
  • New court rules will ensure vulnerable renters will be protected when the suspension of evictions ends
  • Government committed to ensuring that no one is evicted from their home this summer due to coronavirus.

The extension announced by the Housing Secretary on 5 June 2020 takes the moratorium on evictions to a total of 5 months to ensure that renters continue to have certainty and security.

https://www.gov.uk/government/news/ban-on-evictions-extended-by-2-months-to-further-protect-renters


Coronavirus – HMO Landlords – Discretionary Business Grant Launched

Posted on June 4th, 2020 -

https://www.gov.uk/guidance/apply-for-the-coronavirus-local-authority-discretionary-grants-fund

What is the purpose of the Discretionary Business Grants?

The discretionary fund will support businesses who have fixed costs and have been affected by COVID-19.  The intention of the grant is to support small businesses with high premises-related costs that fell outside of the original grant scheme.

HMO landlords have fixed costs (Council Tax, water rates, utility bills). HMO landlords who have had a COVID-19 related drop in rental income may wish to consider applying for the discretionary grant. The applications are assessed on a points basis. Applications opened on 01 June 2020 so if you intend on applying, do not delay. Grants are likely to be awarded only in exceptional circumstances so you will need to prove that you have had a drop in rental income.

This grant is aimed at small businesses with ongoing fixed property-related costs. Local authorities are to to prioritise businesses in shared spaces, regular market traders, small charity properties that would meet the criteria for Small Business Rates Relief, and bed and breakfasts that pay council tax rather than business rates. But local authorities may choose to make payments to other businesses based on local economic need. The allocation of funding will be at the discretion of local authorities.

Businesses must be small, under 50 employees, and they must also be able to demonstrate that they have seen a significant drop of income due to Coronavirus restriction measures.

For further information and to make an application, visit your Local Authority website.

https://www.visitplymouth.co.uk/invest/business-support/covid-19/business-grants/discretionary-business-grants

https://www.gov.uk/find-local-council


Coronavirus – NHS Announce Stay at Home Measures on the Back of New Test and Trace Service

Posted on June 2nd, 2020 -

With effect from 28 May 2020, individuals who have been notified that they have had contact with an infected person and instructed to stay at home for 14 days under the new NHS test and trace system will also be deemed incapable of work and eligible for SSP (statutory sick pay).

How NHS test and trace service works

Part 1: for someone with symptoms of coronavirus

  1. isolate: as soon as you experience coronavirus symptoms, medical advice is clear: you must self-isolate for at least 7 days. Anyone else in your household must self-isolate for 14 days from when you started having symptoms
  2. test: order a test immediately at www.nhs.uk/coronavirus or call 119 if you have no internet access
  3. results: if your test is positive, you must complete the remainder of your 7-day self-isolation. Anyone in your household must also complete self-isolation for 14 days from when you started having symptoms. If your test is negative, you and other household members no longer need to self-isolate
  4. share contacts: if you test positive for coronavirus, the NHS test and trace service will send you a text or email alert or call you with instructions of how to share details of people with whom you have had close, recent contact and places you have visited. It is important that you respond as soon as possible so that we can give appropriate advice to those who need it. You will be told to do this online via a secure website or you will be called by one of our contract tracers.

Part 2: if you are contacted by the NHS test and trace service because you have been in close contact with someone who has tested positive for coronavirus

  1. alert: you will be alerted by the NHS test and trace service if you have been in close contact with someone who has tested positive for coronavirus. The alert will usually come by text, email or phone call. You should then log on to the NHS test and trace website, which is normally the easiest way for you and the service to communicate with each other – but, if not, a trained call handler will talk you through what you must do. Under-18s will get a phone call and a parent or guardian will be asked to give permission for the call to continue
  2. isolate: you will be told to begin self-isolation for 14 days from your last contact with the person who has tested positive. It’s really important to do this even if you don’t feel unwell because, if you have been infected, you could become infectious to others at any point up to 14 days. Your household doesn’t need to self-isolate with you, if you do not have symptoms, but they must take extra care to follow the guidance on social distancing and handwashing and avoid contact with you at home
  3. test if needed: if you develop symptoms of coronavirus, other members of your household must self-isolate immediately at home for 14 days and you must book a test at www.nhs.uk/coronavirus or call 119 if you have no internet access. If your test is positive, you must continue to stay at home for at least 7 days and we will get in touch to ask about your contacts since they must self-isolate. If your test is negative, you must still complete your 14-day self-isolation period because the virus may not be detectable yet – this is crucial to avoid unknowingly spreading the virus.

For further information, see the full guidance; https://www.gov.uk/guidance/nhs-test-and-trace-how-it-works


Government Publish a ‘Guide for Landlords: electrical safety standards in the private rented sector’

Posted on June 1st, 2020 -

https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities/guide-for-landlords-electrical-safety-standards-in-the-private-rented-sector

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into force on 1 June 2020.

The new regulations will apply to new tenancies from 1 July 2020 and to existing tenancies from 1 April 2021.

Landlords must have the electrical installations in their properties inspected and tested by a person who is “qualified and competent”, at least every five years. Landlords must provide a copy of the electrical safety report to their tenants (and to their local authority if requested). For further information, please see the government guidance link above.


Coronavirus – Changes to the Job Retention (Furlough) Scheme

Posted on May 31st, 2020 -

Through June and July, the scheme will continue in it’s current form with no change, the Government will pay 80% of wages up to £2,500 per month – with no employer contribution.

Greater flexibility has been introduced. This will help agencies to bring back more employees while they establish business need.

From July 1, under a new ‘flexible furlough’ employers will have more freedom to bring back employees for a number of days per week. To make changes, the existing scheme will need to close, this will happen on June 30 and new registrations under the existing scheme, will need to be made prior to June 10.

In August, the taxpayer contribution will stay at 80% of wages. Employers will be asked to pay national insurance and employer pension contributions.

By September employers will have made preparations and will therefore be asked to start paying towards people’s wages whilst the Government ensure staff remaining on furlough continue to receive up to 80% of their salary. Taxpayers will pay 70% of furloughed wages, employers will pay 10%.

Then in October, taxpayers will pay 60% with employers contributing 20%.

The Self-Employment Income Scheme will be extended, with applications opening in August for a second and final grant covering three months’ worth of average monthly trading profits up to 70% or a maximum total of £6,570.

Through June and July, the scheme will continue in it’s current form with no change, the Government will pay 80% of wages up to £2,500 per month – with no employer contribution.

In line with the messaging that Propertymark has been pushing through to Government on behalf of members, greater flexibility has been introduced. This will help member agencies to bring back more employees while they establish business need.

From July 1, under a new ‘flexible furlough’ employers will have more freedom to bring back employees for a number of days per week. To make changes, the existing scheme will need to close, this will happen on June 30 and new registrations under the existing scheme, will need to be made prior to June 10.

In August, the taxpayer contribution will stay at 80% of wages. Employers will be asked to pay national insurance and employer pension contributions.

By September employers will have made preparations and will therefore be asked to start paying towards people’s wages whilst the Government ensure staff remaining on furlough continue to receive up to 80% of their salary. Taxpayers will pay 70% of furloughed wages, employers will pay 10%.

Then in October, taxpayers will pay 60% with employers contributing 20%.

The Self-Employment Income Scheme will be extended, with applications opening in August for a second and final grant 
covering three months’ worth of average monthly trading profits 
up to 70% or a maximum total of £6,570.

The Chancellor went on to advise there will be no further extensions or amendments to these schemes.

Information from ARLA-Propertymark


Tenant Fees Act – Transition Period Comes to an End

Posted on May 31st, 2020 -

The Tenant Fees Act 2019 (which came into force on 01 June 2019) provided a transition period of 12 months for tenancies which started before June 2019, this ends 31 May 2020. This means that any tenancy clauses in existing contracts that charge fees will not be enforceable after this date.

Any breach of the ban will incur a penalty of up to £5,000.00. Further breaches can result in a criminal offence and unlimited fines.

Key points;

Check-out fees – Letting agents should be aware that tenants on existing contracts which involved paying check-out fees up front, these become Prohibited Payments as of 1 June 2020. Agents will have 28 days in which to repay these fees to tenants or they will be in breach of the legislation.

End of the transition period – During the transition period fees written into existing contracts could continue to be charged. However, with the 12-month transition period now ending from 1 June 2020, the ban applies to all tenancies (both Fixed Term and Periodic) regardless of when the tenancy started.

Tenancy Deposits – The Act set a cap (five or six weeks rent dependent on the amount of rent paid annually) for how much could be charged as a security deposit on a tenancy. This will apply to all relevant tenancies (ASTs and Licenses to occupy) from 1 June 2020.Agents do not need to immediately refund any part of an existing Tenancy Deposit that exceeds the cap of five or six weeks’ rent and can hold this for the duration of the existing tenancy. However, where a tenant renews their tenancy by signing a new Fixed Term agreement on or after 1 June 2019, any amount of their existing deposit which exceeds the applicable five- or six-week limit must be refunded to ensure the new tenancy complies with the tenancy deposit cap. Agents should liaise with the Tenancy Deposit schemes when dealing with calculations.

Section 21 – A Section 21 notice cannot be issued in relation to the tenancy if Prohibited Payments or Holding Deposits need to be repaid.

For detailed information on the Tenant Fees Act and what it means for landlords;
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/819634/TFA_Landlord_and_Agent_Guidance_190722.pdf


Coronavirus – Employers Must Contribute to Extended Furlough Scheme from August

Posted on May 29th, 2020 -

Chancellor Rishi Sunak has laid out how he expects to move businesses off the Coronavirus job Retention Scheme, meaning that some agencies must begin to start part-paying salaries for furloughed staff.

The Job Retention Scheme currently supports 7.5 million workers on furlough, guaranteeing 80 per cent of staff pay up to £2,500 per month, alongside national insurance and pension payments. The Chancellor announced an extension of the scheme until October on 12 May. No changes are expected until the end of July.

Changes begin in August

From August, employers will be required to pay a quarter of all staff wages – even if the business is still in lockdown. They will also be required to pay National Insurance contributions, but it is thought that the Government will still pay pension contributions.

Employees may start working part-time

Employers will be able to bring furloughed staff back part-time from August and will be obliged to declare the number of hours the currently furloughed staff work if they return. Firms caught abusing the system by not paying their share of staff wages face fraud charges.

Information for both employers and employees can be found on the gov.uk website. 

Article from ARLA/Propertymark;

https://www.arla.co.uk/news/may-2020/employers-must-contribute-to-extended-furlough-scheme-from-august/


Coronavirus – Agents – Managing Annual Leave

Posted on May 29th, 2020 -

With businesses in England looking to reopen, and those in other parts of the UK still under lockdown, agency managers may struggle to balance the annual leave needs of staff with keeping the business running both now and when offices are reopened.

The Coronavirus pandemic is an unprecedented situation, which has seen many employees being placed on furlough. This has led some employees to stockpile holiday entitlement.

Almost all workers who work a five-day week currently receive 28 days of statutory leave entitlement inclusive of bank holidays. This entitlement is not normally transferable between leave years.

New holiday provisions

The Government has passed new emergency legislation allowing workers to carry forward, for two years, up to four weeks of unused leave the Coronavirus outbreak prevented them from taking. This eases the requirements on businesses to ensure that workers take the statutory amount of annual leave in one year. These amendments to the Working Time Regulations 1998 apply to all employees, including agency workers, and some casual and zero-hours contract workers. Financial penalties for employers who do not ensure that workers take their statutory entitlement in one year are also lifted.

Payments in lieu of holiday are usually disallowed unless the worker is leaving the employer, this has also been changed.

However, just because this legislation has been passed does not mean that it will happen in this way. The normal annual leave provisions are still in place and employers must still take all reasonable measures to allow an employee to take their allocated leave, These changes are for those workers that have been unable to take their leave due to the fact that they have needed to work during this crisis period.

Options for furloughed employees

Employers can require workers to take holiday as long as they give them twice as many days’ notice as the period of leave the worker is required to take, or whatever is outlined in their employment contract. Employers are recommended to seek their employee’s agreement to this arrangement, as this will come at a time where employees are unable to travel freely due to lockdown measures. Employees may be happy to agree to this arrangement as it would mean that the employee would be entitled to full pay for the period of annual leave.

This set of rules would apply equally to those employees who have not been furloughed.

Holiday allowance above the statutory amount continues to accrue during furlough

If an employee is contractually entitled to more than the statutory amount (i.e. a business offers more than the 28 days statutory amount) then employers can ask employees to agree that leave above the statutory amount does not accrue during the period of furlough, however, this must be agreed and confirmed in writing by both parties.

Without such an agreement, the employee still accrues annual leave at the rate of their contractual entitlement.

Topping up furlough pay using holiday

The Government guidance does not address if furloughed workers can use holiday to top up their 80 per cent salary pay. If holiday is taken during a furlough period employers should top up the holiday pay to the full normal salary amount. Employers can also claim 80 per cent of the holiday pay through the furlough grant in the same way as regular salary.

Employees who are worried about a drop in income may propose taking holiday on set dates on full pay. They may only agree to being furloughed before or after some leave on full salary for the holiday part of the period.

Employers who are not in a financial position to pay furloughed employees in full during annual leave can refuse employees’ requests for holiday in what would otherwise be a furlough period. The employer must give the normal notice which is as much notice of a refusal as the amount of leave requested, so two weeks’ notice if the leave requested was for two weeks.

The information provided in this article is for general information purposes and does not constitute legal advice. Whilst the material is valid at the time of publication, changes in circumstances may impact the accuracy and validity of the information. It is therefore suggested that you consult with the Government website for the very latest information or speak with an HR adviser on the HR member legal helpline. 

Article by ARLA Propertymark.

The full article can be read here;

https://www.arla.co.uk/news/may-2020/post-pandemic-plan-managing-annual-leave/


Coronavirus – Webinar – The Impact of Coronavirus on Universal Credit

Posted on May 29th, 2020 -

Wed, Jun 10, 2020 2:00 PM – 3:00 PM

Coronavirus has already had a dramatic impact on jobs and incomes and we will be living with the economic impact of the crisis for years to come. Government response has been to support people’s incomes and millions have made a claim for Universal Credit. This is chance to hear from DWP and discuss:

• their response and how the UC service is managing increased demand,

• supporting tenants to cope with the financial impact

• protecting vulnerable people

• changes to rent collection and arrears recovery

• preparing for the months to come

To register for the webinar; https://register.gotowebinar.com/register/3093999739360478224?ProductId=The-impact-of-coronavirus-on-Universal-Credit_1&utm_campaign=1908809_The%20impact%20of%20coronavirus%20on%20Universal%20Credit%20Webinar&utm_medium=email&utm_source=dotmailer&dm_i=3R33,14WUH,42400I,40CTI,1


Tax Advice from Go Simple Tax

Posted on May 29th, 2020 -

HMRC to stop automatically sending out physical copies of tax-return forms as part of an attempt to drive up use of digital platforms as the service goes digital;

https://www.holyrood.com/news/view,hmrc-to-stop-automatically-sending-out-physical-copies-of-taxreturn-forms_15243.htm

Webinars on Income Tax and VAT;

https://info.gosimpletax.com/gst-webinar-aia

It is important now more than ever to prepare your self-employed tax return. 

It pays to plan ahead. Already the deadline for second payments on account has been deferred, and it seems inevitable that new forms of help will be announced over the coming months to further support those affected by the lockdown. So, to know where you stand, submit your Self Assessment tax return early.

But remember, filing early doesn’t mean paying early. It just means that you can find out the amount you’ll owe in January. From there, you can better inform your spending and enjoy complete peace of mind…


New Members

Posted on May 29th, 2020 -

SWLA annual membership is currently £45.00, the membership year runs from 01 November – 31 October. If you join after 01 June 2020, please pay just £25.00 which will take your membership up to 31 October 2020.

**Please note, as approved at the SWLA AGM 2020, as of 01 November 2020, yearly membership will be £50.00.**


Coronavirus – Proposals to Extend the 3 Month Mortgage Holiday Until 31 October 2020

Posted on May 22nd, 2020 -

https://www.gov.uk/government/news/help-with-mortgages-to-continue-for-homeowners-affected-by-coronavirus

Homeowners struggling to pay their mortgage due to Coronavirus will be able to extend their mortgage payment holiday for a further three months, or start making reduced payments, in proposals published today.

  • ongoing mortgage support for homeowners still struggling with impact of Coronavirus
  • application period for a mortgage holiday also extended
  • lenders will contact their customers to discuss options

The availability of a three month mortgage holiday was first announced in March as part of an unprecedented package of support for individuals, businesses and the economy. Over 1.8 million mortgage payment holidays were taken up, and the first of these will be coming to an end in June. So to give people the certainty they need, they will be contacted by their lender to discuss a way forward. Where consumers can afford to re-start mortgage payments, it is in their best interest to do so. However, if people are still struggling and need help, a full extension of the mortgage holiday for a further three months will be available as one of the options open to them.

The Financial Conduct Authority (FCA) has published new draft guidance today for lenders which will set out the expectations for firms and the options available to their customers. This includes extending the application period for a mortgage holiday until 31 October so customers that have not yet had a payment holiday and are experiencing financial difficulty will be able to request one. The current lender ban on repossessions of homes will be continued to the same date.

The Economic Secretary to the Treasury, John Glen said:

We’re doing everything we can to help people with their finances at this difficult time, and that includes making sure people get the support they need with their mortgages. That’s why we’re working with the banks and lenders to extend payment holidays if people need them.

Everyone’s circumstances will be different, so when homeowners can pay some or all of their mortgage, they should work with their lender on a plan; but if they are still struggling, I want them to know that help is there.

Christopher Woolard, Interim Chief Executive at the FCA, said:

Our expectations are clear – anyone who continues to need help should get help from their lender. We expect firms to work with customers on the best options available for them, paying particular attention to the needs of their vulnerable customers, and to provide information on where to access help and advice.

Where consumers can afford to re-start mortgage payments, it is in their best interests to do so. But where they can’t, a range of further support will be available. People who are struggling and have not had a mortgage payment holiday, will also continue to be able to apply until 31 October.

When the guidance comes into force, following a short consultation, lenders will be expected to contact their customers whose mortgage holiday is coming to an end. Some may be able to resume their full monthly payments, others may be able to pay a proportion of their monthly payment, or temporarily switch to an interest only mortgage, and others will opt to extend their mortgage payment holiday.

Borrowers that resume with their mortgage payments will be given options on how best to do so, such as the opportunity to extend the term of their mortgage in order to leave their monthly payments at around the same level as they were prior to their mortgage holiday.

Notes

Full details have been published by the FCA – for more information see https://www.fca.org.uk/publications/guidance-consultations/mortgages-coronavirus-updated-draft-guidance-firms

The guidance sets out that:

  • Customers who can afford to return to full repayment should do so. At the end of a payment holiday, firms should contact their customers to find out if they can resume payments and if so, agree a plan on how the missed payments will be repaid.
  • anyone who continues to need help gets help – lenders should continue to support customers who have already had a payment holiday where they need further help, including a further three month deferral
  • keeping the scheme available to people who are impacted at a later date – customers that have not yet had a payment holiday and experiencing financial difficulty will be able to request one
  • keeping a roof over people’s head during a public health crisis – the current lender ban on repossessions of homes will be continued to 31 October 2020
  • payment hoidays and partial payment holidays offered under this guidance should not have a negative impact on credit files

The FCA welcomes comments on these proposals until 5pm on Tuesday 26 May and expects to finalise the guidance shortly afterwards.

Information from gov.uk.


Coronavirus – £3m Advertising Fund for Small Firms Hit by COVID-19 Downturn

Posted on May 21st, 2020 -

The Small Business Advertising Support Fund is a £3 million initiative which aims to provide free print and online advertising for small businesses struggling in the wake of the coronavirus (COVID-19) pandemic.

Applications are open, the funder is expecting this scheme to be very popular, so interested parties are advised to apply promptly.

https://www.fsb.org.uk/resources-page/small-business-advertising-fund.html


Coronavirus – Coronavirus Statutory Sick Pay Rebate Scheme set to launch

Posted on May 21st, 2020 -

A new online service will be launched on 26 May for small and medium-sized employers to recover Statutory Sick Pay (SSP) payments they have made to their employees.

This scheme will allow small and medium-sized employers, with fewer than 250 employees, to apply to HMRC to recover the costs of paying coronavirus-related SSP.

Employers will be able to make their claims through a new online service from 26 May. This means they will receive repayments at the relevant rate of SSP that they have paid to current or former employees for eligible periods of sickness starting on or after 13 March 2020.

Tax agents will also be able to make claims on behalf of employers.

https://www.gov.uk/government/news/coronavirus-statutory-sick-pay-rebate-scheme-set-to-launch

Business Support Helpline

The Government Business Support Helpline number in England has changed to FREEPHONE 0800 998 1098. The helpline provides free, impartial business support and signposting services to businesses in England – which currently includes business advice on Covid-19.  

You can also find free support, advice and sources of finance through your local growth hub or speak to an advisor on webchat about support for your business. 


Coronavirus – Agents; Guidance from the Government on Working Safely During Coronavirus

Posted on May 21st, 2020 -

Government guidance for offices; https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/offices-and-contact-centres

Webinar for offices; https://www.eventbrite.co.uk/e/working-safely-during-coronavirus-offices-contact-centres-tickets-105954490734?aff=BIRD

Government guidance for branches; https://www.gov.uk/guidance/working-safely-during-coronavirus-covid-19/shops-and-branches

Webinar for branches; https://www.eventbrite.co.uk/e/working-safely-during-coronavirus-shops-branches-tickets-105950589064

Business Support Helpline

The Government Business Support Helpline number in England has changed to FREEPHONE 0800 998 1098. The helpline provides free, impartial business support and signposting services to businesses in England – which currently includes business advice on Covid-19.  

You can also find free support, advice and sources of finance through your local growth hub or speak to an advisor on webchat about support for your business. 


Universal Credit – Landlords Can Now Apply Online for UC Direct Payments if a Tenant is Having Difficulty Paying Rent

Posted on May 15th, 2020 -

https://www.gov.uk/government/publications/universal-credit-landlord-request-for-a-managed-payment-or-rent-arrears-deduction

This is a new online service for landlords to request direct payments of rent or rent arrears. It replaces the existing UC47 process.

Use this service to request payment of rent directly from a tenant’s Universal Credit, if a tenant is having difficulty paying their rent.

Guidance on when to request a managed payment or rent arrears deduction, or both from a tenant’s Universal Credit can be found in the Alternative Payments guide.


Coronavirus – Post Pandemic Planning and Checklist for Agents Operating

Posted on May 15th, 2020 -

https://www.arla.co.uk/news/may-2020/post-pandemic-plan-agents-must-be-clear-communicators-to-confront-virus-fears/

Article written by ARLA Propertymark

With the property market now open for business in England, agents may find themselves dealing with not only tenants eager to get out there and find a property but current tenants who are wary of inviting people into their home.

What can agents do to help allay tenants’ fears?

Understand their viewpoint

After two months of lockdown, and with no vaccine yet forthcoming, it’s not unreasonable for someone to feel nervous about letting strangers into their home. Agents can play a crucial community role here, in understanding and mitigating worries.

Communicate clearly and proactively

Be proactive and transparent in your communications with clients. Agents returning to work will have adapted their business practices to reduce the risk of Coronavirus transmission. It may be that fully communicating the steps that your business has taken is enough to allay any fears.

Agents that have followed the ‘Propertymark operating checklist‘ will be able to prove that they have:

  • Put distancing measures into their offices 
  • Trained their team in how to handle social distancing, new business practices, and new safety measures
  • Made sure their staff are safe and well 
  • Conducted customer due diligence checks in advance
  • Used virtual viewings to narrow any in-person viewings to serious customers only 
  • Communicated clearly with potential buyers on social distancing during viewings

Where you do ultimately need to tell a potential tenant that an occupant will not accept a viewing at the current time, explain:

‘The occupant has asked that all viewings are held in abeyance until [the relevant date]. We are continuing to update them about your interest and we will ensure that you have access under our new safety procedures at the earliest opportunity. In the meantime, we have virtual viewing for the inside and the exterior rear of the property. If you have any particular questions or requests for footage please let us know. I look forward to keeping you updated.’

Take any necessary action

Remember, no viewing should take place if an agent, occupant or potential tenant is isolating or displaying COVID-19 symptoms, however mild and the Government guidance around viewings must be adhered to in all circumstances.


If a tenant has specific concerns that are easily addressed within the scope of your new socially distanced business practices, be sure to do this promptly. Property agents are already experts in taking care of their customers’ needs – handling these concerns is just a further step into the ‘new normal’.

SWLA would like to thank Propertymark for this clear and concise information.

There is also a brilliant checklist for agents planning to operate in the coming weeks;

https://www.propertymark.co.uk/working-in-the-industry/covid-19/


Coronavirus – Government advice on home moving during the coronavirus (COVID-19) outbreak

Posted on May 13th, 2020 -

This guidance applies to people moving between private residential homes; https://www.gov.uk/guidance/government-advice-on-home-moving-during-the-coronavirus-covid-19-outbreak#history

All businesses should follow the government’s latest guidance for employers and businesses on coronavirus and safer working guidance.

As well as government guidance, we encourage all professionals to speak to their representative bodies and familiarise themselves with the guidance that these bodies have prepared for their specific sectors.

It is important that all businesses work together to ensure we stay alert and safe to minimise the spread of infection and we expect all sectors to consider how they can operate in a way which minimises the need for face to face contact.

Stay alert

We can all help control the virus if we all stay alert. This means you must:

  • stay at home as much as possible
  • work from home if you can
  • limit contact with other people
  • keep your distance if you go out (2 metres apart where possible)
  • wash your hands regularly

Do not leave home if you or anyone in your household has symptoms.


Coronavirus – Applications for Self-Employment Income Support Scheme Open Early

Posted on May 13th, 2020 -

https://www.gov.uk/government/news/applications-for-self-employment-income-support-scheme-open-early

  • Self-Employment Income Support Scheme opens for applications 13 May 2020
  • those eligible will receive government grant worth up to £7,500
  • money expected to be in bank accounts by 25 May


Coronavirus – Chancellor Extends Furlough Scheme Until October

Posted on May 12th, 2020 -

Announced Tuesday 12th May 2020.

  • Coronavirus Job Retention Scheme will continue until end of October
  • furloughed workers across UK will continue to receive 80% of their current salary, up to £2,500
  • new flexibility will be introduced from August to get employees back to work and boost economy

For further information; https://www.gov.uk/government/news/chancellor-extends-furlough-scheme-until-october


Coronavirus – New Lockdown Measures from Wednesday 13th May

Posted on May 12th, 2020 -

https://www.gov.uk/government/publications/coronavirus-outbreak-faqs-what-you-can-and-cant-do/coronavirus-outbreak-faqs-what-you-can-and-cant-do

Stay alert

We can all help control the virus if we all stay alert. This means you must:

  • stay at home as much as possible
  • work from home if you can
  • limit contact with other people
  • keep your distance if you go out (2 metres apart where possible)
  • wash your hands regularly

Do not leave home if you or anyone in your household has symptoms.