Reside General Manager Toby Martin summarises rental activity over the last month, with the latest facts and figures from the local market.
Following parliamentary approval, it will soon be mandatory for landlords to repair or replace smoke and carbon monoxide alarms once they have been informed that they are faulty, although testing throughout the duration of a tenancy will remain the resident’s responsibility.
Landlords will also have to ensure a carbon monoxide alarm is installed in any room containing there is a ‘fixed combustion appliance’ (including a gas boiler). Where a new appliance is installed a carbon monoxide alarm will be required to be installed by law. Gas cookers appliances are excluded from the new rules.
The most significant changes are:
“The revisions to the smoke and carbon monoxide detector regulations are both welcome and necessary to improve tenant safety.
“Private landlords have been required since 2015 to provide working smoke and carbon monoxide detectors where applicable in rented property, and the extension of the regulations to encompass gas boilers is a sensible amendment.”
Timothy Douglas, ARLA Propertymark
No fixed timescale has yet been set, but the government has confirmed it will amend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 as soon as parliamentary time allows.
For landlords, the most salient parts of the Autumn Budget were the omissions, rather than Rishi Sunak’s raft of announcements.
There was no mention of Capital Gains Tax, nor was there any review of stamp duty. This may come as a relief to landlords, many of whom had been expecting the Chancellor to announce increased property taxation and red tape.
Prior to the Budget, the Department for Levelling Up, Housing and Communities released details of a support package aimed at low-income earners in rent arrears to help prevent homelessness.
This comes after months of lobbying by ARLA Propertymark and other organisations, who have long called for more financial support to be made available to tenants at risk of eviction as a result of the Covid pandemic.
“The £65m funding for those in rental debt provides some support but the devil is in the detail. Almost four million low-income households are in arrears with their household bills, yet this money will be targeted at those who are most at risk of homelessness, excluding a significant number of others from help.”
ARLA Propertymark
Those who tuned into the Queen’s Speech on the 11th of May can be forgiven for missing the very brief promise to ‘enhance the rights of those who rent’ – seemingly a very general pledge to review standards across the sector. A delve into the detailed briefing notes, however, reveals three details that will be of particular interest to landlords and tenants.
Long before the pandemic interrupted their plans, the government promised to abolish Section 21, or ‘no-fault’, evictions. This is the most straightforward and common way for a landlord to end a tenancy at their property, but its future is now back up for review. The government plans to publish a White Paper in the autumn which will detail plans to reform the evictions process.
Another long-running government scheme is the introduction of lifetime tenancy deposits, which would see dilapidation deposits move from property to property with the tenant. Under the current system, a tenant must pay a brand new deposit when moving to a new property, which can often cause cashflow issues for the tenant if they are still waiting for their deposit to be returned by their previous landlord.
It remains to be seen how the government’s scheme will offer simultaneous protection to two landlords where there is an overlap in tenancies. Again, more information has been promised in the autumn.
One of the more unexpected announcements was the plan to require all private landlords to belong to a redress scheme, ‘to ensure that all tenants have a right to redress’.
Currently agents, rather than landlords, are required to belong to a redress scheme, such as the Property Redress Scheme, with which Reside are affiliated. If a tenant rents directly from a private landlord, with no agency involvement, their only current source of redress is through the courts. It is therefore likely that this new initiative is aimed at landlords who do not use a professional agency to manage their tenancy.
When the United Kingdom goes to the ballot box on the 7th of May, the electorate will cast their votes with a host of prominent issues in mind, but how will your choice of political party impact on Tenants and Landlords in England?
The key parties’ manifestos don’t make for the most thrilling reading, so we made a strong pot of coffee and scrutinised them for you.
The Conservative Party‘s manifesto actually makes no explicit reference to the private rented sector, but focuses intently on helping more people onto the housing ladder by extending the Help to Buy scheme. Their Help to Buy ISA will aid renters trying to save up for a deposit, and they aim to build 200,000 ‘Starter Homes’ exclusively aimed at first-time buyers under 40.
As far as the lettings industry goes, the Conservatives are taking an ‘if it ain’t broke, don’t fix it’ approach. Over the past five years, the coalition has made minor adjustments to legislation to make letting agents’ fees more transparent and to increase living standards and security within privately rented properties, and they seem to feel that this has left the industry in a good position.
In this area, the Labour Party has taken a drastically different approach to their rivals. Ed Miliband is proposing a shake-up to the industry which will involve a ban on ‘unfair letting agent fees [which] will save renters over £600’. The Labour manifesto does not stipulate what constitutes ‘unfair’, but it is not clear whether this will be the blanket ban on fees that some had expected, such as the one implemented in Scotland in 2012.
Other Labour initiatives include legislating to make three-year tenancies the norm, and imposing a ceiling on ‘excessive rent rises’. As with the above policy, ‘excessive’ will presumably not be defined until after the election, but it is bound to be linked to inflation rates. Finally, Labour has pledged to ‘drive standards up’ by introducing a national register of private landlords, doubtless designed to weed out ‘rogue’ Landlords.
The Liberal Democrats‘ manifesto covers similar ground to that of Labour, in that it proposes standard ‘multi-year’ tenancies with rent increases linked to inflation. They also moot a ban on letting agent fees, although this would not be implemented until 2017 and would be on the condition that fees have not dropped to an ‘affordable level by the end of 2016’ following transparency requirements brought in by the coalition.
Nick Clegg has also pledged to introduce a new initiative called ‘Help to Rent’. With other parties placing sole emphasis on helping first-time buyers onto the property ladder, the Liberal Democrats would also aim to assist those struggling to save a deposit for a rented property. This would be aimed at first-time renters under 30, and would take the form of a government-backed tenancy deposit loan.
UKIP‘s manifesto is another that focuses solely on home ownership and does not set out any major changes for Tenants or Landlords. They wish to build more affordable housing aimed at first-time buyers, and aim to bring some of England’s ‘279,000 privately-owned long-term empty homes’ back into use through increasing taxation on properties that remain empty for more than 2 years.
The Green Party manifesto usurps Labour’s proposals and sets out its own plans for what would be a highly regulated private rented sector. Natalie Bennett’s party would introduce a ‘living rent’ tenancy which would include five-year fixed tenancy agreements, as well as ‘smart rent control’ that caps annual rent increases to the Consumer Price Index.
Local not-for-profit letting agencies would be set up, and fees for tenants would be abolished across all agencies. A mandatory license for Landlords would be established, and alterations would be made to make buy-to-let mortgages less attractive, including removing tax incentives such as mortgage interest relief.
In Summary…
The Conservatives and UKIP seem content with the current condition of the lettings industry, and do not address private renters or landlords in their manifestos. The Liberal Democrats and Labour both outline alterations to the sector, with both parties agreeing on rent control, standard multi-year tenancies and regulation of agency fees. The most radical policies are those of the Green Party, whose plans would drastically change how renting works for tenants, landlords and agents.
On May the 7th, Britain’s political landscape may well change; it remains to be seen whether the private rented sector will also be affected.
