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National Trading Standards Issue New Property Advertising Guidelines

Posted on September 14th, 2023 -

In a bid to enhance transparency and coherence in the property advertising landscape, the National Trading Standards Estate and Lettings Agency Team (NTSELAT) has introduced fresh guidelines focusing on terminology used in property advertisements, particularly in the realm of lettings.

The heart of the guidance revolves around three specific terms that are frequently employed within the context of lettings.

  1. Under Offer: According to NTSELAT, this term should be applied to a property that has received an offer under consideration by the landlord. However, the property is still typically available on the market, implying that further offers could be entertained based on the landlord’s instructions. The use of this description is only appropriate until the offer is either accepted or declined.
  2. Let Agreed: In this context, NTSELAT defines “let agreed” as a property where the landlord has tentatively agreed to enter into a rental agreement with a prospective tenant. However, this agreement is contingent upon subsequent checks and referencing. The utilization of this term does not hinge on a holding deposit having been received from the prospective tenant.
  3. Let: This term refers to a property where both the landlord and tenant have formally entered into a binding rental agreement.

The scope of the guidance also extends to terms employed in both lettings and sales scenarios:

  1. New On The Market: This phrase pertains to a property that has not been advertised since its last sale or letting. The description should be reserved for a short timeframe.
  2. New Instruction: This term designates a property where an agent has recently received instructions to market, even if the property may have been previously offered for sale by a different agent without a successful sale or letting. This description is applicable only for a brief period.
  3. New and Exclusive: Referring to a property that is either new to the market or a new instruction, and is exclusively listed with a particular agent or portal. While the term ‘new’ should be used temporarily, ‘exclusive’ can be sustained as long as it remains valid.
  4. New Method of Sale/Let: This descriptor is employed for a property that is now being advertised for sale or letting using an alternative method compared to the initial advertisement, such as transitioning to an auction or sealed bid. This categorization is appropriate only for a short span.
  5. Reduced: This term is reserved for a property that has undergone a recent price reduction. Any reduction in price should be genuine and adhere to the Chartered Trading Standards Institute’s ‘Guidance for Traders on Pricing Practices.’

By addressing key terminologies in property advertising, NTSELAT’s fresh guidelines aim to foster greater clarity, mitigate confusion, and establish a more standardized approach to property transactions. As the industry adapts to these guidelines, stakeholders can anticipate a smoother and more transparent experience in the property market.

Article by NetRent


Cannabis Cultivation: What’s the harm?

Posted on September 14th, 2023 -

On the same day the national news headlines featured the seizure of £130 million in cannabis plants across the UK, the South West Regional Organised Crime Unit (SWROCU) was exhibiting at the Rent Smart Devon landlord event, Exeter Racecourse, to spread the word amongst landlords and letting agents about the dangers of cannabis cultivations within domestic properties.

Any property can be vulnerable to cannabis cultivation but there’s a concerning statistic that 94% of cannabis farms are located in domestic properties.

The SWROCU were one of many law enforcement agencies involved in the national operation targeting organised crime groups (OCGs) involved in growing cannabis. In the South West alone, the operation led to 67 arrests and £6.8 million worth of cannabis and weapons being seized.

OCGs involved in cannabis cultivation not only drive violence and antisocial behaviour in our communities, they also endanger the lives of people in neighbouring properties. Crucially, they exploit vulnerable people who are the victims of modern slavery, human trafficking, and organised immigration crime.

As well as actively pursuing the criminals involved, the SWROCU want to raise awareness of the hazards these growers pose by substantially increasing the risk of fires within properties. Often the electricity meter is bypassed, and electrical circuits overloaded to support the high-intensity lights, fans, and irrigation systems.

If you suspect your property may be being used to grow cannabis, ask yourself the following:

  • Does your tenant wish to pay cash up front for the rent and/or ongoing instalments in cash?
  • Does your tenant ask for complete privacy or prevent any inspection of the property even when given reasonable notice?
  • Is mould, condensation, and excess humidity visible from outside of the property?
  • Has the tenant installed extra security measures which may seem excessive, such as an increased number of locks or window bars?
  • Have neighbours made any complaints surrounding noise and light pollution?
  • Have windows and vents been sealed or blocked to prevent both heat in the property and the smell of cannabis escaping?
  • Have there been any complaints about disruptive visitors to the property late at night or at other odd times in the day?

The consequences for landlords in both financial and legal terms by not taking action can be catastrophic. Therefore, it’s really important to report any suspicions you have about your own property or those in neighbouring premises to your local police force online or via 101.

If you would like to remain completely anonymous, you can report any information to the charity Crimestoppers on 0800 555 111 or online at crimestoppers-uk.org. The guarantee of anonymity means calls or online information can’t be traced and the only person who knows you called will be you.

Along with the South West’s five police forces and working with the Police and Crime Commissioners and independent charity Crimestoppers, SWROCU will continue to target and disrupt OCGs who are causing misery and harm in our communities, but they can only do that with the information provided by the community.

Article by the South West Regional Organised Crime Unit (SWROCU)


01 October 2023, the Next Stage of the Building Safety Act Will Apply

Posted on September 14th, 2023 -

This has implications for landlords who have control over the communal parts of buildings (the responsible person). Typically, in the PRS this will mean landlords who let properties by the room.

Section 156 of the Building Safety Act updates the requirements around the performance of fire risk assessments and the provision of information to tenants about fire safety risks.

The new requirements mean that the responsible person must:

Record their completed fire risk assessment in writing, and in full (previously only specific information was required to be recorded).

Record the identity of the individual or company that has performed the fire risk assessment.

Demonstrate how fire safety is managed in the premises.

Share their contact information, including a UK based address with premises other responsible persons (if applicable) and the tenants.

Take reasonable steps to identify any other responsible persons in the same building.

Share all relevant fire safety information with incoming responsible persons when giving up control of the property.

Provide tenants with relevant fire safety information in a format that is easily understood.

The relevant fire safety information for tenants is:

The risks identified by the risk assessment.

The preventive and protective measures in place.

The name of the responsible person and a UK address where they, or their representative, can accept notices and documents.

The identity of any person appointed to assist with the risk assessment.

The identity of any competent persons nominated by the responsible person.

Any risks informed to the responsible person.

Any other matters specified in regulations made by the relevant authority.

Please note that, for landlords in England, this is in addition to the information that you are already required to provide because of the Fire Safety (England) Regulations 2022.

Competency of Fire Risk Assessors

Further updates around the competency of fire risk assessors employed by the landlord are also expected in the future. No date for this has been set but, in practice, most HMO landlords already employ a qualified professional to perform these risk assessments.

Article abridged from NRLA


HMO Landlords

Posted on September 13th, 2023 -

A message from Plymouth City Council – 

We are fast approaching the anniversary for HMO Licensing Legislation changes that took place in October 2018. As you will be aware, those changes introduced Licensing across a wider spectrum of property type and five years have now passed. Most of the properties where a Licence was issued following this change are due for renewal on the 30th September 2023 (some in October and November). If you are unsure please check your licenses. To assist in this and in preparation, Plymouth City Council have been issuing early renewal reminders – hopefully some of you may have received these already. If your Licence is due for renewal please visit our website by following this link to renew:

https://www.plymouth.gov.uk/apply-house-multiple-occupation-licence


HHSRS to be Simplified as Part of Private Rented Sector Reforms

Posted on September 13th, 2023 -

1. Background

The Housing Health and Safety Rating System (HHSRS) is a tool used to assess hazards in residential premises.

The HHSRS is risk-based and covers a range of 29 potential hazards, which are set out in Schedule 1 of the Housing Health and Safety Rating System (England) Regulations 2005. The HHSRS operates by evaluating the potential risk of harm to an actual or potential occupier from their living environment and is a means of rating the seriousness of any hazard identified. An HHSRS assessment does this by categorising a hazard by seriousness, generating a numerical score that falls into 1 of 10 hazard bands, with band J being the safest and band A being the most dangerous.

The HHSRS itself does not set a minimum standard, so the categorisation of hazards was introduced in order to do so. Hazards scored at bands A to C are ‘category 1’, bands D to J are ‘category 2’.

If a local council carries out an HHSRS assessment and identifies a category 1 hazard they must take enforcement action under the Housing Act 2004. The form this enforcement action should take is set out in section 6 of the Act.

The HHSRS also forms part of the Decent Homes Standard, 1 of the 4 consumer standards that registered providers of social housing must comply with. Criterion A of the Decent Homes Standard says that to be decent, a dwelling should be free from category 1 hazards.

2. Rented sector reforms

A reviewed HHSRS that is accessible to landlords and tenants and efficient for local councils to use forms a vital part of our reforms to both the social and private rented sectors.

In our white paper, The charter for social housing residents, we committed to review the Decent Homes Standard and consider whether it needs to be updated to ensure it is delivering what is needed for safety and decency now. The first part of the Decent Homes Standard review concluded in autumn 2021. In March 2022, we brought together representatives from across both rented sectors to discuss what might be included in a revised Decent Homes Standard that applies to both sectors.

On 16 June 2022 we published our white paper, A fairer private rented sector, which sets out our plan to fundamentally reform the sector and level up housing quality in this country, delivering a private rented sector that is fit for the 21st century for 4.4 million households who call it their home. Our consultation on introducing a Decent Homes Standard to the private rented sector closed on 14 October 2022 and we are considering the responses.

The second part of the Decent Homes Standard review will now consider how best to deliver on our ambition on reducing non-decent homes for both social and private rented sectors.

3. HHSRS review

The HHSRS was introduced in April 2006 by the Housing Act 2004 and has remained unchanged since then. In October 2018 the government launched a scoping review to consider whether the HHSRS should be updated and, if so, to what extent. The scoping review involved a wide-ranging consultation exercise in 2019.

This exercise concluded that, while there was considerable support for the strong links between health and housing that the HHSRS provides, all stakeholders would welcome a simplification of the assessment process. Local council officers found the system complicated to apply and full assessments were resource intensive. Housing providers and tenants found it difficult to understand the outcomes of assessments and felt that there was a discrepancy between the assessment process and other housing-based regulatory regimes that applied to housing provision. There was also majority support for an approach that sets out standards that could be met in most cases, supplementing the risk assessment aspect of the HHSRS.

Following this exercise government initiated a review of the operation of the HHSRS with the aim to bring it up to date, empower landlords and tenants to engage with the system, ensure alignment with other legislative standards and systems, including the Building Safety Act, and help with the effective enforcement of housing standards. To address the support for a standards-based approach, the review also defined what have been described as ‘indicative baselines’ used to make an initial assessment of whether a property contains serious hazards, and also investigated barriers to the use of digital technology to support assessments.

External researchers RH Environmental (RHE) were contracted to undertake the 2-year review, which concluded in 2022. RHE sourced the expertise to explore, assist and challenge their findings, and worked with academics from Cardiff Metropolitan University, Middlesex University and the University of Bristol.

Legislation and guidance that govern the enforcement of standards were outside the scope of the HHSRS review.

New regulations will be necessary to bring the revisions to the HHSRS into force.

4. Stakeholder engagement

Extensive stakeholder engagement was critical to the success of this review and was undertaken in the initial stages of the project along with in-depth literature reviews for each of the project outputs and workstreams. A multi-method approach to engagement, using a combination of regional online focus groups, one-to-one interviews and online surveys, was undertaken. Over 1,000 stakeholders with specialist experience and relevance to the HHSRS and housing sector contributed to the consultation.

5. Review outputs

Key changes

  • To make the assessment process more efficient for local authorities and more accessible to landlords and tenants, we will amalgamate some hazards assessed, reducing the total number from 29 to 21, and produce a simpler means of banding the results of HHSRS assessments.
  • To make it easier for landlords and tenants to understand the system, we will publish baselines that can be used to make an initial assessment of whether a property contains serious hazards (eg ‘stairs must be safe, secure, in sound condition, free of defects and projections, well maintained’). These do not replace the whole risk assessment but are easier to understand.
  • To ensure assessments are consistent, quick and a solid base for effective enforcement, we will publish new statutory operating and enforcement guidance, a comprehensive set of new case studies, and specific tailored guidance for all stakeholders. Our suppliers also carried out analysis of digital assessment, setting out how this should be interlinked with existing databases, and reviewed training requirements and competency frameworks.
  • To make sure the risk of fire in tall buildings can be assessed effectively (following the Grenfell tragedy), we recommended amalgamating the ‘Fire’ hazard with ‘Explosions in Dwellings’. The ‘relevant matters affecting likelihood and harm outcome’, as listed in the operating guidance, are then updated with specific minimum standards which were then field tested and found to mitigate 90% of significant fire hazards.

Improving access to the system

New indicative baselines

To make it easier for landlords and tenants to understand the system, our suppliers produced a checklist that can be used to make an initial assessment (eg ‘stairs must be safe, secure, in sound condition, free of defects and projections, well maintained’).

Indicative baselines are incorporated into the revised HHSRS operating guidance (see above). These do not replace the whole risk assessment but are easier to understand. Where these baselines are met it is likely a property will be free from category 1 hazards.

The statutory HHSRS operating and enforcement guidance (section 9 of the Housing Act 2004) has been revised ensuring the guidance facilitates local councils’ effective use of the system, is more accessible to non-experts, and incorporates new thinking on assessments of high-rise residential buildings with cladding systems.

The proposed structure of the reviewed guidance consists of a suite of 3 ‘Housing Health and Safety Inspection and Assessment Manuals’:

  • Part 1 – An Introductory Guide, providing an introduction to the HHSRS inspection and assessment process.
  • Part 2 – A Technical Guide for Assessors, providing technical information to support the HHSRS inspection and assessment process.
  • Part 3 – A Supplementary Guide to the Hazard of Fire and Explosions, providing additional technical information to support the HHSRS, specifically in relation to the hazards of Fire and Explosions.

New guidance has also been developed specifically for tenants, providing a simple overview of the way that local councils check the safety of homes using the HHSRS. This will explain how homes are checked and what happens if problems are found. This will empower tenants to understand what they should expect and better hold their landlords to account.

Updated comprehensive set of case studies (‘worked examples’)

A comprehensive set of new case studies has been produced, encompassing the range of hazards, illustrating the utilisation of standards and incorporating a spectrum of high, medium and low risk scenarios. These will be available in digital format and, to continually refine the consistency of assessments, local councils will be able to regularly add to the case studies.

Improving the system for use by local councils and other property professionals

Simpler means of banding the results of HHSRS assessments

To make the assessment process more efficient for local authorities and more accessible to landlords and tenants, our suppliers produced a simpler means of banding the results of HHSRS assessments.

Our suppliers also recommended removing scoring ranges for each representative scale point to simplify the assessment process and found that colour coding and the use of descriptor terms aided both in assessment and comprehension of the scoring report by non-experts. Conclusions therefore include replacing the way the severity of a hazard is described (currently ‘Class I-IV’) with descriptor terms from ‘extreme’ to ‘moderate,’ and the use of colour coding to help convey the message around the seriousness of the hazard score, often termed a ‘traffic-light approach.’

Instructions on the final version of this simpler system have been written into the revised HHSRS operating guidance (see above).

Reviewed HHSRS training requirements and competency frameworks

Our suppliers have made recommendations for:

  • A review of Environmental Health degree programmes, including housing module specifications and requirements for the practice-based experience or other forms of experiential learning.
  • Accredited HHSRS-specific short courses, including the development of a an ‘introduction to housing’ course, setting out the wider private rented sector agenda and the basics of inspection in the context of construction, deficiencies and remedies.
  • Ongoing professional development in HHSRS including development and support of virtual learning resources, a suite of materials for learning available to degree programmes and HHSRS short courses, and a toolkit for local councils to aid experiential learning.
  • Development of a graduated scale of competency framework, to satisfy local councils that those enforcing HHSRS regulations are competent to do so, and to provide a consistent framework in undertaking and enforcing HHSRS requirements provided, either though university education or short course training providers.

Our suppliers also carried out analysis of digital assessment, setting out how this should be interlinked with existing databases.

We will consider these recommendations in our ongoing work to support the rented sectors as part of our reform programme.

Improving the underlying system

Amalgamation or removal of existing hazard profiles

Our suppliers have recommended amalgamating and reducing the number of hazards assessed overall from 29 to 21:

  • combining Collision and Entrapment and Position and Operability of Amenities
  • combining Uncombusted Fuel Gas, Biocides, Carbon Monoxide and Fuel Combustion Products and Volatile Organic Compounds
  • combining Fire and Explosions
  • combining Falls associated with Baths, etc., and Falling on Level Surfaces, etc.
  • combining Food Safety, Domestic Hygiene, Pests and Refuse and Personal Hygiene, Sanitation and Drainage

To be suitable for amalgamation, hazards had to meet the reasoned criteria set out below, namely:

  • hazards should have similar causal mechanisms so that assessors consider similar matters when assessing properties for those hazards
  • hazards should have a similar spread of harm outcomes so that combination of the hazards does not inflate harm outcomes inappropriately for hazards with less severe outcomes
  • hazards should come from the same general category (e.g. physiological hazards)
  • amalgamation of the hazards should simplify the HHSRS

The revised list of hazards has been incorporated in the revised HHSRS operating guidance (see above).

Review of the ‘Fire Safety Hazard’

To make sure the risk of fire in tall buildings can be assessed effectively (following the Grenfell tragedy), our suppliers carried out extra work on the Fire hazard and have recommended amalgamating it with ‘Explosions in Dwellings’. The ‘relevant matters affecting likelihood and harm outcome’, as listed in the operating guidance, were updated with specific minimum standards which were then field tested and found to mitigate 90% of significant fire hazards.

6. Next steps

New regulations (an ‘affirmative Statutory Instrument’) are required to bring the conclusions of the HHSRS review into force. These will replace the existing regulations, which prescribe descriptions of hazards, the method for assessing their seriousness and the manner and extent of inspections of residential premises.

These regulations will be introduced after the conclusion of the Decent Homes Standard review.

 

Article from gov.uk Summary report: outcomes and next steps for the review of the Housing Health and Safety Rating System (HHSRS) – GOV.UK (www.gov.uk)


Gas Safety Week 2023 – Fighting for a Gas Safe Nation

Posted on September 8th, 2023 -

Landlords Legal Responsibilities – Annual Gas Safety Checks

We are proud to be supporting Gas Safety Week 2023, taking place 11 – 17 September.

Gas Safety Week is an annual safety week to raise awareness of gas safety and the importance of taking care of your gas appliances. It is coordinated by Gas Safe Register, the official list of gas engineers who are legally allowed to work on gas.

Badly fitted and poorly serviced gas appliances can cause gas leaks, fires, explosions, and carbon monoxide (CO) poisoning. CO is a highly poisonous gas that can kill quickly with no warning, as you cannot see it, taste it, or smell it.

Landlords are legally responsible for the safety of their tenants. Landlords must make sure maintenance and annual safety checks on gas appliances are carried out by a Gas Safe registered engineer to ensure their tenants and wider communities stay safe.

If you’re a landlord, you are legally obliged to make sure:

  • Gas pipework, appliances and flues provided for tenants are maintained in a safe condition.
  • All gas appliances and flues provided for tenants’ use have an annual safety check. Your tenants can report you to the HSE if you don’t provide one, so it’s important to remember! You can set a free email and/or text reminder so you don’t forget, visit StayGasSafe.co.uk.
  • A Gas Safety Record is provided to the tenant within 28 days of completing the check or to any new tenant before they move in.
  • You keep a copy of the Gas Safety Record until two further checks have taken place.
  • Maintenance and annual safety checks are carried out by a qualified Gas Safe registered engineer.
  • All gas equipment (including any appliance left by a previous tenant) is safe or otherwise removed before re-letting.

Before any gas work is carried out always check the engineer is qualified to carry out the work that needs doing e.g., natural gas, domestic boiler. You can find this information on the Gas Safe Register website or by checking the back of the engineer’s Gas Safe ID card. Encourage your tenants to also check the card when the engineer arrives at the property, and to be aware of any warning signs that their gas appliance is working incorrectly, such as dark or sooty staining, excess condensation, pilot lights which frequently blow out and and error messages on the appliance’s control panel

 

For more information and to find or check an engineer visit GasSafeRegister.co.uk.

 

 

 



2 Free Tickets for SWLA Members – The Home Building and Renovation Show 2023

Posted on August 21st, 2023 -

Saturday 18 and Sunday 19 November 2023
Bath & West Showground, Shepton Mallet, Somerset, BA4 6QN

To book your free tickets, register here; https://somerset.homebuildingshow.co.uk/swlandlords

 


Does your property meet the Minimum Energy Efficiency Standards (MEES)? Get tailored support to find out

Posted on August 21st, 2023 -

The Centre for Sustainable Energy (CSE) has partnered with the Tenancy Deposit Scheme (TDS) Charitable Foundation to advise and support landlords of privately rented properties to understand and meet MEES obligations. MEES stipulates that privately rented homes must have a minimum EPC of E before they are let.

The main aim of MEES is to help reduce the number of renters who struggle with high energy bills and live in cold and unhealthy homes. Everyone wants to make rented homes more energy-efficient, which can save money and prevent issues like dampness and mould. Both landlords and tenants benefit from better energy efficiency.

When properties are well taken care of, they’re cheaper to run and have fewer problems. This also means that people who live in them are healthier, and it helps to reduce the likelihood of fuel poverty. When homes are properly insulated – residents stay warmer and healthier.

If you’re a private landlord renting out a domestic property on an assured tenancy, regulated tenancy or domestic agricultural tenancy, CSE can help you to:

  • Understand the MEES and how to comply
  • Check the EPC of your property
  • Receive tailored advice on how to make your property more energy efficient. This includes advice on energy-saving measures and reducing damp and mould
  • Assess whether you’re eligible for any funding for installing energy efficiency measures. And where appropriate, can make referrals to funded schemes on your behalf

For full information on the support CSE can offer you, visit www.cse.org.uk/support-for-landlords  or email luke.buckler@cse.org.uk

Article by The Centre for Sustainable Energy


Legal Aid Now Available for All Tenants Facing Eviction

Posted on August 2nd, 2023 -

Housing Loss Prevention Advice Service

Government-funded legal advice and representation (legal aid) is available to any tenants facing possession proceedings.

Help is available from the moment tenants receive written notice that someone is seeking the possession of their home. Tenants financial situation will not affect their right to access this support and they will not need to pay.

A housing expert (funded by the government) will work with tenants to identify what may be causing someone to seek possession of their home and recommend potential solutions. For example, they may be able to provide legal advice on matters such as:

  • illegal eviction
  • disrepair and other problems with housing conditions
  • rent arrears
  • mortgage arrears
  • welfare benefits payments
  • debt

In the event tenants are unable to resolve matters and they are asked to attend a court hearing, a housing adviser can also provide free legal advice and representation at the court.

Article from Gov.uk

For more information;

Legal aid for possession proceedings – GOV.UK (www.gov.uk)

 

Further article on the subject; New FREE court service for tenants risks more landlords facing big eviction costs – LandlordZONE


10% Off Everything This Weekend at B&Q/TradePoint

Posted on August 2nd, 2023 -

PLUS AN EXTRA 10% OFF FOR SWLA TRADEPOINT MEMBERS! 4th – 7th AUGUST 2023


LANDLORD SURVEY – Renters (Reform) Bill – Have Your Say!

Posted on July 14th, 2023 -

Along with ARLA-Propertymark and other Landlord Associations, we are campaigning to ensure that the Renters (Reform) Bill and future UK Government legislation leads to positive changes for the sector. Please complete this survey, all results will be pooled by Propertymark and the responses will be presented to the UK Government.

Private Landlord Survey;

https://r1.dotdigital-pages.com/p/Z6K-175L/renters-reform-bill-landlords-survey

 

Letting Agent Survey;

letting agent survey

 


SWLA Meet with Luke Pollard MP

Posted on July 14th, 2023 -

Luke visited our office on 29th June for meeting with Iain Maitland (SWLA President) and Steve Lees (SWLA Chair) to discuss all things housing. Many discussions were had, mainly highlighting the lack of housing and the reasons for that –

  • Landlords leaving the market – mortgage costs, tax changes, utility bill increases
  • MEES and minimum spends
  • Renters Reform (and removal of Section 21)
  • Rents and LHA Rates

What can we do? Luke heard our views and experiences and takes that knowledge forward for future meetings and discussions in parliament. We look forward to seeing Luke again later in the year – and welcome all South West MPs to our office so we can advocate for landlords who provide quality housing in the Private Rented Sector.

 


SWLA Attend Landlord Event at Exeter Racecourse

Posted on July 7th, 2023 -

The Rent Smart Devon landlord open event was a brilliant afternoon/evening. We had a stand amongst other landlord related businesses and services – we caught up with many of our Exeter based members and spoke to lots of new members who were keen to sign up when they heard what we had to offer our members. Talks were held throughout the day – keeping attendees updated on Renters Reform, Landlord Tax Planning and more.

Thank you to East Devon, Exeter City, Mid Devon District and Teignbridge councils for putting on a lovely event.

If you missed this event – look out for the next one! We will let our members know where and when……


SWLA Celebrate Committee Member’s 90th Birthday!

Posted on July 7th, 2023 -

A huge Happy 90th Birthday to Bob Usher – a valued founder member of the SWLA’s (voluntary) Committee!

CHEERS TO YOU BOB!!

       


1/2 Day Landlord Training Course – Legal Update 2023

Posted on June 29th, 2023 -

Further Legal Update 2023 Course Booked As August Course Now Full

½ Day Landlord Training Course – Legal Update 2023

Wednesday 20th September 2023 – 9am – 1pm

Venue – Online

If you are accredited this will count towards your CPD hours, but the course is open to all.

Cost for SWLA members – £35, Cost for non-SWLA members – £40

 Course will cover 

  1. Renters (Reform) Bill
  2. Fire Safety (England) Regulations 2022 in force January 2023
  3. Smoke and CO new rules
  4. Recent Case Reviews

As well as other relevant issues. 

Places secured upon receipt of payment, book your place through the office 01752 510913.

Course will be instructed by Stephen Fowler from Training for Professionals.


SWLA – Open Afternoon – Cream Tea

Posted on June 27th, 2023 -

Notice of a General Meeting

 Open afternoon in the SWLA Office

Wednesday 12th July 2023 – 3pm – 6pm

 @

30 Dale Road, Plymouth PL4 6PD

Come and meet staff, committee and other SWLA members.

There will be a cream tea for you to enjoy while you chat.

 All welcome. 

We hope you will take the opportunity to pop in.


Bank of England Interest Rate Hike to 5%

Posted on June 23rd, 2023 -

The Bank has raised rates for the 13th time in a row. The surprise jump from 4.5% to 5% aims to tackle inflation.

The Bank has been aggressively hiking interest rates for over a year as it tries to get inflation back to its target of 2% – a task that has been complicated by record food prices and high energy costs.

According to the notes of the Monetary Policy Committee meeting, the reason for the big hike in the base rate is because inflation in the services sector has remained persistently high, while wages are growing faster than it had predicted back in May.

Chancellor Jeremy Hunt said of the announcement to push rates up to 5%: “High inflation is a destabilising force eating into pay cheques and slowing growth. Core inflation is higher in 14 EU countries and interest rates are rising around the world, but the lesson from other countries is that if you stick to your guns, you bring inflation down.”

The increase in interest rates will bring further misery to homeowners on tracker mortgages and those about to re-mortgage, but it could benefit savers.

WHY IS THE BANK OF ENGLAND RAISING INTEREST RATES?
The rate of CPI inflation continues to be very sticky: it was 8.7% in the year to April, and again in the year to May. Experts had expected inflation to fall.

It means that inflation is currently over four times the Bank’s 2% target.

Raising interest rates is one of the tools that the Bank uses to try and bring inflation down. The idea is that increasing rates makes it more expensive to borrow money, meaning people have less to spend, and so reducing demand and therefore easing price rises. It had been anticipated that the Bank would raise rates to either 4.75% or 5% today.

 

WHAT IS THE OUTLOOK FOR INTEREST RATES?
Commentators expect that more rate rises could be on the way.

Daniel Casali, chief investment strategist at the wealth manager Evelyn Partners, said: “With inflation still elevated (albeit slowing) and a tight labour market to boot, the Bank may well continue to raise interest rates well into the latter part of 2023. Of course, much will depend on the incoming macro data before the MPC decides on whether to raise interest rates again. For the moment, expect sterling to continue to appreciate against a dollar that is weighted down by a Fed pause on interest rates, at least for now.”

The next interest rate announcement is due on 3 August.

 

WHAT DOES THE RATE RISE MEAN FOR HOMEOWNERS?
Another rise in interest rates spells bad news for those with mortgages and loans. There are more than 1.4 million people on tracker and variable-rate mortgage deals, and these people will often see an immediate increase in their monthly payments.

Eight out of 10 mortgage customers are on a fixed rate. The so-called “mortgage bomb” – with rocketing mortgage rates and a shrinking range of products to choose from – has become a huge issue. An average two-year fixed deal was 2.29% in November 2021, but is now 6.19%, according to Moneyfacts. The average five-year fixed rate is 5.82%.

Article from Money Week

https://moneyweek.com/economy/uk-economy/bank-of-england-hikes-interest-rates-5-per-cent


1/2 Day Landlord Training Course – Legal Update 2023

Posted on June 21st, 2023 -

½ Day Landlord Training Course – Legal Update 2023

Wednesday 16th August 2023 – 9am – 1pm

Venue – Online

If you are accredited this will count towards your CPD hours, but the course is open to all.

Cost for SWLA members – £35, Cost for non-SWLA members – £40

Course will cover 

  1. Renters (Reform) Bill
  2. Fire Safety (England) Regulations 2022 in force January 2023
  3. Smoke and CO new rules
  4. Recent Case Reviews

As well as other relevant issues. 

Places secured upon receipt of payment, book your place through the office 01752 510913.

Course will be instructed by Stephen Fowler from Training for Professionals.


Sole Trader vs Limited Company: Saving Tax & Other Key Considerations

Posted on June 9th, 2023 -

Article by GoSimpleTax

Register as a sole trader or set up a limited company? It’s a key question to answer when you decide to take the plunge and start your own business because your decision can have major implications.

Even after making a choice, with your business firmly established, every once in a while, you should crunch the numbers to work out whether the legal form you chose is still the right one for you and your business, whether that’s sole trader or limited company.

 

Sole trader v limited company: what’s more common?

  • When people “go self-employed” or start their own business in the UK, most become sole traders. It’s by far the most popular small business legal structure. Sole traders make up more than half (56%) of the UK’s 5.5m small-business population, which amounts to about 3.2m businesses.
  • In addition, there are some 384,000 (7%) ordinary/general business partnerships, which (tax-wise) is like being a sole trader, but you run a business and share responsibility with a partner or partners.
  • Others choose to “incorporate” (ie register) a private limited company and there are about two million (37%) of them in the UK.
  • Whether you become a sole trader, ordinary business partnership member or set up a limited company, it’s remarkably quick, easy and no cost or low cost. All can be done online via the government website GOV.UK.

 

Sole trader v limited company: personal financial risk

A major reason why people set up a limited company concerns personal financial risk. As the name suggests, your personal financial liability is limited, provided that you don’t trade recklessly or fraudulently or give personal guarantees for company loans. That’s because, in law, the limited company is a separate legal entity to its director(s).

The opposite is true for sole trader businesses. In law, there’s no distinction between you and your sole trader business, so you are personally liable for your business debts. That liability is unlimited, which can mean you’re forced to sell off things you own to pay off your business debts, including your car and home. This is less of a consideration if your business is unlikely to build up considerable debts.

 

Sole trader v limited company: customers and staff

Will potential or existing customers care if you run a sole trader business or limited company. Probably not, because being a limited company is no guarantee that your business is more stable, reliable or superior in any way. And being a sole trader is unlikely to prevent you from being able to tender for contracts, either.

Just because you set up your business on your own, doesn’t mean you’ll have to work on your own. Sole traders can employ others and many won’t care whether you’re a limited company or sole trader, because it has no bearing over how much you pay them or how you’ll treat them.

 

Sole trader v limited company: finance and tax admin

In many cases, accessing finance and funding won’t be any easier because you run a limited company rather than a sole trader business. Having a sound business plan can be much more important.

Running a limited company involves much more tax admin when compared to running a sole trader business, which is far simpler. You may be able to do some yourself, although with limited company admin, there’s more of it and it’s much more complicated.

You could pay an accountant to take care of your tax admin, of course, but if you’re operating a limited company, your fees are likely to be significantly higher, because an accountant will need to do more work for you. To save money, many sole traders do all of their own tax admin, including completing and filing their own tax returns, which is made much easier by technology.

 

How are sole traders and limited companies taxed?

 As a sole trader, you’re taxed on your net profits (ie actual profit once all costs have been deducted). HMRC allows you to deduct many expenses and costs from your sole trader income and once any tax allowances have been accounted for and your other taxable income factored in, HMRC will tell you how much tax you owe.

You provide summaries of your sole trader income and expenses to HMRC via your SA100 tax return and SA103 supplementary page (hence “Self Assessment”).

You’re taxed according to the Income Tax band into which your total taxable income falls. You do not pay Income Tax on your first £12,570 of gross (ie total) taxable income, because this is your tax-free Personal Allowance. Thereafter:

  • you’ll pay the basic rate of Income Tax (20%) if your total taxable income is between £12,571 and £50,270
  • the higher rate of Income Tax (40%) if your total taxable income is between £50,271 and £125,140 or
  • the additional rate of Income Tax (45%) if your total taxable income is more than £125,140.
  • 2023/24 tax year for all figures quoted above. Income Tax bands and rates are slightly different in Scotland.

 

The Personal Allowance decreases by £1 for every £2 of net income over £100,000 and if your net income is £125,140 or more, you don’t get any Personal Allowance. If you don’t claim any allowable expenses, you can claim the £1,000 tax-free Trading Allowance.

 Limited companies pay Corporation Tax on their profits (19% for 2023/24 tax year), while Income Tax and National Insurance contributions (NICs) may be payable on salary the limited company pays you, with tax also payable on share dividend payments that you receive (8.75% if you’re a basic Income Tax payer; 33.75% if you’re a higher rate Income Tax payer; and 39.35% if you’re an additional rate Income Tax payer – all get a £1,000 tax-free Dividend Allowance).

 

Sole trader v limited company: which is more tax-efficient?

 There’s a popular perception that operating as a limited company means you’ll pay less tax than if you were a sole trader. In some cases, with certain amounts of taxable profit, it’s true – but certainly not in all cases. And tax changes introduced in April 2023 mean the tax advantages of limited company structure are significantly less than they were.

Let’s look at some examples, to compare your take-home if you were a sole trader against your take-home as the sole director of a limited company.

 

Sole trader               Ltd company           Outcome

 

Profit                                       £20,000                      £20,000                      You take-home

Total tax & NIC                     £2,334                        £2,452                        £118 more as a

take-home                             £17,666                      £17,548                      sole trader

 

Profit                                       £40,000                      £40,000                      You take-home

Total tax & NIC                     £8,134                        £7,670                        £464 more as a

take-home                             £31,866                      £32,330                      Ltd Co director

 

Profit                                       £50,000                      £50,000                      You take-home

Total tax & NIC                     £11,034                      £10,278                      £756 more as a

take-home                             £38,966                      £39,722                      Ltd Co director

 

Profit                                       £85,000                      £85,000                      You take-home

Total tax & NIC                     £25,699                      £25,773                      £74 more as a

take-home                             £59,301                      £59,227                      sole trader

 

Profit                                       £100,000                   £100,000                   You take-home

Total tax & NIC                     £31,999                      £33,469                      £1,470 more as a

take-home                             £68,001                      £66,531                      sole trader

 

Profit                                       £150,000                   £150,000                   You take-home

Total tax & NIC                     £59,270                      £62,424                      £3,154 more as a

take-home                             £90,730                      £87,576                      sole trader

 

*All figures calculated by GoSimpleTax, based on 2023/24 tax year figures, and one limited company director taking £9,100 a year as salary and the rest as share dividends, to minimise their tax liability.

 

At the lower and higher end of the profit scale, operating a sole trader could give you a greater take-home, while you could also save money by doing your own tax admin.

 

However, even where your take-home as a company director is higher, much if not all of that can be wiped out if you have to pay an accountant to take care of your company and personal tax admin. Your monthly fee to an accountant could be, say, between £60 and £120 or more a month (ie £720 up to £1,440 or more a year), so operating as a limited company could in fact be less tax-efficient, not more.

 

How to switch from limited company to sole trader

It’s reasonably simple to change from a limited company to sole trader. You can either close down the limited company completely or make it dormant (ie the company still exists but doesn’t trade or receive income from other sources).

 

  • To close a limited company, usually you need the agreement of its directors and shareholders (easy if it’s just you).
  • If your company is “solvent” (ie has enough cash to pay its bills/debts), you fill out the DS01 form to apply to Companies House to get the company struck off the Register of Companies (£8 fee for online filing) or you can action a members’ voluntary liquidation. Your company accounts and tax returns must be up to date.
  • When you liquidate a company, its assets are used to pay any debts. Any money left goes to shareholders.
  • If the company is insolvent (ie can’t pay its bills/debts), you’ll need to liquidate it or apply for a company voluntary arrangement, so you can pay creditors over an agreed fixed period. Visit government website GOV.UK for more information about closing a limited company.
  • With the company now closed down or dormant, all you’ll need to do is to register as a sole trader for Self Assessment.

 

 

About GoSimpleTax

Income, Expenses and tax submission all in one. GoSimpleTax will provide you with tips that could save you money on allowances and expenses you might have missed.

Our software submits directly to HMRC and is the digital solution for Landlords to record income, expenses and file their self-assessment giving hints on savings along the way.

Covering all self-assessment pages, not just property, GoSimpleTax does all the calculations for you saving you ££’s on accountancy fees.

 



30% of Eligible Pensioners Not Claiming Pension Credit

Posted on May 25th, 2023 -

Article from Plymouth Job Centre Plus, DWP

People of State Pension age may be entitled to Pension Credit even though they may have modest savings, or a retirement income or own their own home. An award of Pension Credit can provide access to a range of other benefits such as help with housing costs, council tax, heating bills and for those aged 75 or over, a free TV licence. If you work with people over State Pension age, or with those supporting them, or know anyone who might be eligible, then please encourage them to find out more.

 

About Pension Credit

Pension Credit tops up weekly income to a guaranteed minimum level of £201.05 a week for single pensioners or £306.85 for couples. It is a tax-free payment for those who:

Someone may still get Pension Credit if they:

  • have not paid National Insurance contributions
  • have some savings or a small pension
  • live with their grown-up family
  • own their own home

Use the Pension Credit calculator to find out how much Pension Credit someone could get – without giving any personal details.

 

A quick guide to entitlement

There are 4 main questions when considering whether a pensioner may get Pension Credit:

1.How old are they?

2.If they have a partner, how old is their partner?

3.What is their weekly income? Is it less that £201.05 if they are single or £306.85 if they are a couple?

4.Do they have any savings? Have they got less than £10,000?

  • People who have more income or savings than this may still qualify for Pension Credit. But these questions are a good basic indication of who is likely to qualify.
  • If they are over 65 and reached their State Pension age before 6 April 2016, they could still qualify for Pension Credit if their weekly income is less than:
  • £240.90 if they are single
  • £351.45 if they are a couple
  • Pension Credit toolkit: advice and guidance for stakeholders – GOV.UK (www.gov.uk)

 

Pension Credit True or False

  • They own their own home, so they’ll not get anything?
  • False – Homeowners can get Pension Credit too. In fact, almost half of the people who get Pension Credit own their own home.
  • They’re not eligible for Pension Credit – it’s for ‘old’ people
  • False – People can claim as soon as they reach the qualifying age, which is now State Pension age.
  • They cannot get a State Pension, so they’ll not be eligible
  • False – They may be entitled to Pension Credit – even if they’re not entitled to a State Pension.
  • They’ve been turned down for Pension Credit before, so it’s not worth applying again
  • False – Personal circumstances could have changed and their income or capital may have changed as a result. The first £10,000 of savings will be ignored when working out if someone can get Pension Credit.
  • It’s too complicated and claiming’s not worth the effort
  • False – they can claim with one simple free phone call Even if someone only gets a small amount of Pension Credit, it can open the door to receiving other benefits and services like Cold Weather Payments and free dental treatment.
  • However, if they wish, people can fill out a paper claim form, which can now be downloaded from the GOV.UK website or an online claim can be made.
  • The Pension Service will also help them to claim other benefits (like Housing Benefit, which can help with paying rent) if they’re entitled to those as well.
  • However, they’ll need to contact their local council direct if they wish to apply for a reduction in their Council Tax

 

Useful Links



Renters Reform Update

Posted on May 19th, 2023 -

Information relating to the Renters (Reform) Bill which was introduced to Parliament on 17 May 2023

The Renters (Reform) Bill will deliver on the government’s commitment to “bring in a better deal for renters”, including abolishing ‘no fault’ evictions and reforming landlord possession grounds. It will legislate for reforms set out in the private rented sector white paper published in June 2022.

Please note – 17 May 2023 was the Bill’s first reading in Parliament. The next step is a second reading which is where MPs have a chance to debate the themes of the Bill. You can track the progression of the Bill here; https://bills.parliament.uk/bills/3462

Overview of Bill measures

The Renters (Reform) Bill will improve the system for both the 11 million private renters and 2.3 million landlords in England. The Renters (Reform) Bill will:

  • Abolish section 21 ‘no fault’ evictions and move to a simpler tenancy structure where all assured tenancies are periodic – providing more security for tenants and empowering them to challenge poor practice and unfair rent increases without fear of eviction;
  • Introduce more comprehensive possession grounds so landlords can still recover their property (including where they wish to sell their property or move in close family) and to make it easier to repossess properties where tenants are at fault, for example in cases of anti-social behaviour and repeat rent arrears;
  • Provide stronger protections against backdoor eviction by ensuring tenants are able to appeal excessively above-market rents which are purely designed to force them out. As now, landlords will still be able to increase rents to market price for their properties and an independent tribunal will make a judgement on this, if needed. To avoid fettering the freedom of the judiciary, the tribunal will continue to be able to determine the actual market rent of a property;
  • Introduce a new Private Rented Sector Ombudsman for private landlords which will provide fair, impartial, and binding resolution to many issues and prove quicker, cheaper, and less adversarial than the court system;
  • Create a Privately Rented Property Portal to help landlords understand their legal obligations and demonstrate compliance (giving good landlords confidence in their position), alongside providing better information to tenants to make informed decisions when entering into a tenancy agreement. It will also support local councils – helping them target enforcement activity where it is needed most; and
  • Give tenants the right to request a pet in the property, which the landlord must consider and cannot unreasonably refuse. To support this, landlords will be able to require pet insurance to cover any damage to their property.

 

Further improvements to the private rented sector

Alongside the Renters (Reform) Bill, the government are working in partnership with the Ministry of Justice and HM Courts and Tribunals Service, to ensure that, in the small proportion of tenancies where court action is required, court users can use a modern, digital service. This remains a priority for the government. Following the recommendation of the Levelling Up, Housing and Communities Select Committee, the government will align the abolition of section 21 and new possession grounds with court improvements. This includes end-to-end digitisation of the process and working with the courts to explore the prioritisation of certain cases, including anti-social behaviour.

The private rented sector white paper also committed to further reforms to support both landlords and tenants. The government will bring forward legislation at the earliest opportunity to:

  • Apply the Decent Homes Standard to the private rented sector to give renters safer, better value homes and remove the blight of poor-quality homes in local communities. This will help deliver the government’s Levelling Up mission to halve the number of non-decent rented homes by 2030. The government launched a consultation in September 2022 to ensure the Decent Homes Standard is applied and enforced appropriately and fairly in the private rented sector. The government will respond to this and set out the next steps in due course;
  • Make it illegal for landlords and agents to have blanket bans on renting to tenants in receipt of benefits or with children – ensuring no family is unjustly discriminated against when looking for a place to live; and
  • Strengthen local councils’ enforcement powers and introduce a new requirement for councils to report on enforcement activity – to help target criminal landlords.

 

All information from gov.uk

For more information on the measures in the Bill, please visit:


The Renters’ (Reform) Bill; Introduced to Parliament 17th May 2023

Posted on May 17th, 2023 -

A Statement from the Department for Levelling Up, Housing and Communities

Update on the Renters (Reform) Bill

The Renters (Reform) Bill will deliver the government’s commitment to a fairer private rented sector. It will legislate for reforms set out in the private rented sector white paper published in June 2022.

The Renters (Reform) Bill will improve the system for both the 11 million private renters and 2.3 million landlords in England. Reforms are carefully balanced and have been developed in consultation with landlord and tenant groups over the past five years. The Renters (Reform) Bill will:

·         Abolish section 21 ‘no fault’ evictions and move to a simpler tenancy structure where all assured tenancies are periodic – providing more security for tenants and empowering them to challenge poor practice and unfair rent increases without fear of eviction;

·         Introduce more comprehensive possession grounds so landlords can still recover their property (including where they wish to sell their property or move in close family) and to make it easier to repossess properties where tenants are at fault, in cases of anti-social behaviour and repeat rent arrears;

·         Provide stronger protections against backdoor eviction by ensuring tenants are able to appeal excessively above-market rents which are purely designed to force them out. Landlords will still be able to increase rents to market price for their properties.

·         Introduce a new Private Rented Sector Ombudsman that private landlords must join that is intended to provide fair, impartial, and binding resolution to many issues and to be quicker, cheaper, and less adversarial than the court system;

·         Create a Privately Rented Property Portal to help landlords understand their legal obligations and demonstrate compliance, alongside providing better information to tenants to make informed decisions when entering into a tenancy agreement. It will also support local councils – helping them target enforcement activity where it is needed most; and

·         Give tenants the right to request a pet in the property, which the landlord must consider and cannot unreasonably refuse. To support this, landlords will be able to require pet insurance to cover any damage to their property.

Further improvements to the PRS

Alongside the Rented Homes Bill, we are working in partnership with the Ministry of Justice and HM Courts and Tribunals Service, to ensure that, in the small proportion of tenancies where court action is required, court users can use a modern, digital service. This remains a priority for the government.

The private rented sector white paper also committed to further reforms to support both landlords and tenants. We remain fully committed to implementing these reforms and will bring forward legislation at the earliest opportunity to:

·         Apply the Decent Homes Standard to the private rented sector to give renters safer, better value homes and remove the blight of poor-quality homes in local communities. This will help deliver the government’s Levelling Up mission to halve the number of non-decent rented homes by 2030. We launched a consultation in September 2022 to ensure the Decent Homes Standard is applied and enforced appropriately and fairly in the private rented sector. We will respond to this and set out the next steps in due course;

·         Make it illegal for landlords and agents to have blanket bans on renting to tenants in receipt of benefits or with children – ensuring no family is unjustly discriminated against when looking for a place to live; and

·         Strengthen local councils’ enforcement powers and introducing a new requirement for councils to report on enforcement activity – to help target criminal landlords.

We’ve put together a helpful guide which explains the reforms in more detail which can be found here https://www.gov.uk/guidance/guide-to-the-renters-reform-bill

Select Committee Response

The Levelling Up, Housing and Communities Select Committee launched its inquiry into the Private Rented Sector Reform in July 2022. The aim of the inquiry was to scrutinise the Government’s plans to, among other things: introduce a decent homes standard for the private rented sector; reform the system of tenancies and abolish no-fault evictions; reform the grounds on which landlords can take possession of their properties; and better protect tenants from unfair rent increases.

The committee sought contributions from key stakeholders including the NRLA, the British Property Federation, Shelter and Generation Rent and members of the public to inform its thinking. The Committee published its report and recommendations in February 2023.
We have considered and responded to each of the committee’s recommendations in our response which we will publish shortly.

 

 

 

SWLA COMMENTS

When it is introduced to Parliament (expected today), the Bill will be published in full, which is known as the ‘first Reading’.

The next step is a Second Reading, which is the first opportunity for MPs to debate the general principles and themes of the Bill. This is expected to take place week commencing 5 June 2023.

The legislation will implement many of the proposed measures from the White Paper ‘A Fairer Private Rented Sector’ that was published in June 2022. This can be read in full here; https://www.gov.uk/government/publications/a-fairer-private-rented-sector

Read the Government announcement here; https://www.gov.uk/government/news/government-introduces-landmark-reforms-to-deliver-fairer-private-rented-sector-for-tenants-and-landlords