Archive for the ‘Guarantors in Tenancy Agreements’ Category

Private Sector Leasing and Housing Association Lease Schemes for Landlords A Story of Guaranteed Rent and No Voids

Tuesday, November 16th, 2010

Do you want to know a secret?

Well, it’s not actually a secret at all but it’s something that’s been kept a bit quiet up to now. (And true to form the mainstream press has not reported it.)

So what’s the story?

Well, from October 2011, Housing Benefit / Local Housing Allowance rates will be set at the 30th percentile of local market rents, not at the 50th (median) percentile as at present.

When this was announced and ever since, there has been much leaping about in the media with everyone from Ken Livingstone to Boris Johnson and even renowned Housing and Benefit Experts like the venerable Archbishop of Canterbury putting in their penny worth about rapacious private landlords – though to be fair much of the hysteria comes not from the cut to the 30th percentile of local rents but from the maximum caps on Housing Benefit and the effect of these on London.

So, if you are an outsider to the confused world of Housing Benefits, you may be thinking everyone will move onto the 30th percentile rate, then?

Way Out

Well, er, not exactly, because a rather big “Work Around” has been allowed by the Government for the local authorities to use.

Smart landlords already know that the councils and housing associations of our land use a number of what are called “Private Sector Leasing” (or PSL) Schemes (PSLS) including a variant called “Housing Association Leasing Schemes” (HALS) to provide provision for homeless households and potentially homeless households. They can also be used as what’s called “Move On” accommodation for people in supported housing schemes.

Sometimes they are run direct by councils, sometimes by housing associations and often by the likes of private providers of which Orchard and Shipman are one of the biggest players. Often more than one scheme will be operated in a single borough (yes, plenty of duplication – we know!) and clever landlords have long been in the game of picking and choosing among the various schemes on offer.

Guaranteed Rent

These Private Lease Schemes are used to provide temporary accommodation for priority homeless or potentially homeless households and the leases set up with private landlords usually run from 2 up to 5 years and provide guaranteed rental incomes for landlords.

So, if you are a landlord the good news is that with these schemes you can get a gold plated guaranteed rent (paid for by the taxpayer) for that period of time with no void periods, usually no need to provide moveable furnishings, no agent fees to pay and in some cases some basic management will even be provided too. (There are only two real downsides: 1) You lose control of who is in your property – so think hard about this if the neighbours at your let property are sensitive types. and 2) Though any damage will be fixed, you’ll probably need to redecorate fully and replace carpets at the end of the period.)

With these schemes it is “happy days” for landlords or, at least it is for those who know about these schemes. (By the way, if you are a landlord and if this is the first you have read about this and are cursing that you have missed out all these years on a guaranteed rent, you are not alone, the marketing of these crazily duplicated and competing schemes by councils et al could be a whole bunch better. Some of our work with the public sector involves working with councils to show them how to market them better.)

But enough of the digression.

50th Percentile or 30th Percentile

Anyway, when the proposed cut in LHA from the 50th percentile of local rent values to 30th percentile was announced, there were concerns this would have a major impact on private sector initiatives like these.

However, pretty early on, the Department for Works and Pensions (DWP) announced that Housing Benefit rates payable in respect of temporary accommodation provided by the Council to households who are homeless or at risk of homelessness will in effect be exempted from these changes until the middle of 2013. (The “at risk of homelessness” term is pretty important because we expect that definition to be stretched a long way in the future.)

This means that all leased schemes, be they Private Sector Leasing or Housing Association Leasing Schemes and used for temporary accommodation or prevention, will continue to be set at an LHA figure calculated on the 50th percentile, and this will be preserved for at least two years.

As the other changes outlined in the June 2010 budget (especially the new caps) are likely to have a significant impact in increasing homeless demand and reducing supply through “Direct Lets to LHA Schemes”, this little “Work Around” should give councils a great way of increasing the supply of leased accommodation to make up for anticipated shortfalls.

Increase in Private Leasing and Housing Association Leasing

We expect the councils to significantly increase the numbers of households placed in temporary accommodation. So, expect to also see a huge growth in the use of these schemes and a much wider use of the term “at risk of homelessness.”

At the moment the existence of this work around and out of the Great Housing Benefits Cuts Quandary has been kept quite quiet – which is fair enough when you consider that the likes of the London councils and the landlord associations all want to get more out of Housing Minister, Mr. Shapps to ameliorate the effect of the Housing Benefit shake up. (Good luck to them too, though we think they are wasting their time.)

Mr. Shapps hasn’t pointed to the existence of this work around either because he probably doesn’t want to tacitly admit that there could be more homelessness as a result of the Housing Benefit / Local Housing Allowance changes he’s bought in. And to be a backstop against homelessness is, of course, what these schemes were originally designed for!

Perhaps he is watching to see how things settle down.

If you are reading this Mr. Shapps, we must salute the clever game you are  playing.

We also rather enjoy the way no one “in the know” is talking about this great work around the current conundrum. Having just got back from Moscow and a  country where for many years and still today  “some things just could not be said”, we find the politics of this rather fascinating.

NEXT SEMINAR AND NETWORKING EVENT for Landlords and Property Investors – click here: Next Property Investment Seminar and Networking Event

MORE ABOUT LETTINGFOCUS AND WHAT WE DO

LettingFocus.com is the home of Private Rented Sector and Landlord Information.

I’m David Lawrenson, a landlord and property investor myself for over 25 years and author of “Successful Property Letting” – the UK’s top selling commercially published property book for the last 3 years. 25,000 copies sold.

Services to Businesses and the Public Sector

Primarily I am a consultant to a range of organisations including banks, building societies, local authorities, social housing providers, institutional investors in build to let and insurers – helping them with their landlord facing or buy to let product strategies, marketing and services.

For example, I help banks improve their buy to let mortgage lending practices and I help housing associations / local authorities find private landlords (private rented access schemes, local letting agency models etc.)

I also write for property websites and am regularly quoted by the media.

Services for Private Landlords

We also find a limited amount of time to help landlords and property investors by coaching them in how to make money in the private rented sector using ways that work, which are ethical, fair to tenants and which involve minimal risk to the investor. We pride ourselves on giving independent unbiased Buy to Let Advice on a coaching basis or through our (very occasional) group seminars.

AT OUR WEBSITE LETTINGFOCUS.COM:

TO GO TO THE HOME PAGE OF THIS BLOG click here: Blog

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Copyright of Blog: David Lawrenson 2010.

Buying a Leasehold Flat, Guarantors in Tenancy Agreements. Plus Local Authorities Survey Private Landlords Housing Benefit Intentions

Tuesday, August 31st, 2010

Next Property Investment Seminar and Networking Event

A bit of a quiet week this week, though I was quoted in the FT again:  http://bit.ly/9o5NZ0 so, with not much news to report, I thought I would offer up some random observations from my working week as a speaker and commentator on the world of buy to let and letting property.

Local Authorities Research Private Landlords LHA Intentions

At last, I see, some local authorities have followed my exhortations and actually gone out and surveyed private landlords to find out their intentions post the new LHA or Housing Benefit changes. I received no less than two surveys in the same day from different London boroughs.

A good start, though in our view both boroughs missed the chance to ask all the right questions and because of the structure of the surveys, some of the survey results may be ambiguous. Still, the fact that the councils have done the surveys is better than sitting there wringing their hands and trying to second guess what landlords will do.

Why I Don’t Buy Flat Conversions in Single Block Victorian Houses with More Than One Other Flat

When I do speaking engagements the two things I get asked about most are problems with leases on flats and problems of tenant guarantees.

Looking at leases, if you have read my book you will know my views on these already. Buy the Book at Amazon

I say in the book that ……whilst many lease arrangements work just fine, in nearly every newspaper there is a column in the property supplement where frustrated leaseholders (and some freeholders) seek advice from the paper’s solicitor on how to solve some problem or other with the working of their lease. Their questions are usually about how to get a freeholder or managing agent to do something they should be doing anyway, how to stop other leaseholders from doing things they shouldn’t, how to extend a lease, buy the freehold or take over the management. The fact is there are quite a few flats – especially conversions – where the building is managed badly. Typical problems are noise, crumbling exteriors and filthy common areas. Given that the law on leasehold has changed frequently in the last twenty or so years suggests it needed fixing. Things today are better than they were, but for many leaseholders there are still problems.”

Most of the queries I get are from frustrated leaseholder and co-freeholders of flats which are in single block properties that have been converted from a large house or small commercial building into flats.

All too often the leases on these types of properties are badly drafted and there is no mechanism for collection of service charges or even insurance or for doing maintenance.

Enforcing your rights can be hard and time consuming and this is the reason why, as a landlord, I never now even bother look at buying flats in these types of conversions. And there are many investors and leasehold experts who share my view.

But If You Must Buy One……

Of course, I fully appreciate that, due to financial constraints, for many first time buyers and investors there is no option but to buy a flat in a Victorian or Edwardian conversion block.

If this is you, then try to buy one where there is just one other flat in the block (preferably with an amenable owner who is not mad) because you will at least have a starting chance to put things right if there are problems. If you have to get three or more other leaseholders (some of whom will inevitably be absent landlords) on your side it gets a lot harder to get the freeholder or other co-freeholders to join in actions with you or get anything done.

If you are thinking of buying this type of flat, your priority even before you move ahead on the legals is to get hold of and scrutinise the lease first. Find out how long there is left on the lease (amazingly many estate agents won’t even know which is kind of stupid as it has a huge bearing on price), how many other flats are in the arrangement and what the arrangements are for collection of service charges and doing maintenance work.

If you don’t like the answers you get, then avoid! And if you need more advice on leasehold and freehold, there is a small section in my book. Plus, you really also should get in touch with “Lease”, the Leasehold Advisory Service at http://www.lease-advice.org/

Also look at  Leasehold and Freehold which is an article where we look at why extending a lease is often better than buying the freehold.

Guarantors

The large and rapidly increasing number of queries I get about guarantors is a sure sign of the recession. As recession bites, more tenants will find it hard to prove an income to a landlord and therefore need a home owning guarantor to say they can play the rent in event the tenant can’t.

But signing up a guarantor is an area that is fraught with problems for landlords. You can all too easily make a muck-up of the guarantor process which means you cannot actually enforce the guarantor’s guarantee! In other words, the guarantee is worthless.

We will look at this again in a forthcoming blog post but you may find this short article useful at our website:

http://www.lettingfocus.com/pages/myarticles_Guarantorsintenancyagreements.html

House Share Rents Appear to be Down

According to the latest data rents are up overall but anecdotally we have noticed that the rent level for rooms in shared houses are more down than up, at least here in London.

This is another sign of recession and one we think that is caused by people who may have lost their jobs turning to letting out a spare room in their house (which is tax free up to £4,500 per annum.)  The extra supply is driving these kinds of rents down.

I would expect to see this drive down rental levels on HMOs and student accommodation. Next Property Investment Seminar and Networking Event

MORE ABOUT LETTINGFOCUS AND WHAT WE DO

LettingFocus.com is the home of Private Rented Sector and Landlord Information.

I’m David Lawrenson, a landlord and property investor myself for over 25 years and author of “Successful Property Letting” – the UK’s top selling commercially published property book for the last 3 years. 25,000 copies sold.

Services to Businesses and the Public Sector

Primarily I am a consultant to a range of organisations including banks, local authorities, social housing providers, institutional investors in the private rented sector and insurers – helping them with their landlord facing or buy to let product strategies and services.

For example, I help banks improve their buy to let mortgage lending practices and I help housing associations / local authorities by advising on LHA issues and finding private landlords (private rented access schemes, local letting agency models etc.) I also write for property websites and am regularly quoted by the media.

Services for Private Landlords

We also find a limited amount of time to help landlords and property investors by coaching them in how to make money in the private rented sector using ways that work, which are ethical, fair to tenants and which involve minimal risk to the investor. We pride ourselves on giving independent unbiased Buy to Let Advice on a one-to-one mentoring / coaching basis or through our (very occasional) group seminars.

AT OUR WEBSITE LETTINGFOCUS.COM:

TO GO TO THE HOME PAGE OF THIS BLOG click here: Blog

You can also use the tags and categories at the bottom of each post to read blog posts on related posts or click on the categories pull down menu over to the top right. (If you want to find relevant posts from before 30 April 2010 you can also click on LettingFocus’s Old Blog  - Categories, then search from the list for a topic that interests you.)

THE HOME PAGE OF OUR MAIN SITE click here: LettingFocus Home Page

For general info on our CONSULTING SERVICES and also to find a small sample of links to articles where our comments have been featured in the National Press please click here: Consultancy and Seminars

For ONE TO ONE PRIVATE CONSULTANCY FOR PRIVATE LANDLORDS click here: Property Mentoring

NEXT SEMINAR AND NETWORKING EVENT for Landlords and Property Investors (which now take place just once or twice a year): Next Property Investment Seminar and Networking Event

We have OFFERS on a few services and products here: Services and Products for Landlords

TO READ CLIENT TESTIMONIALS – from both organisations and private landlords click here: Testimonials

BUY “SUCCESSFUL PROPERTY LETTING” click here to Buy the Book at Amazon plus anything else at that Amazon sell.

If you are from an organisation and would like to bulk buy at least 50 books, please ask us for special rates (which are lower than Amazon).

To JOIN our Free QUARTERLY NEWSLETTER simply send an email to david@LettingFocus.com – Please note we WILL NOT send spam or sell our mailing list to advertisers but please put us on your “white list” to ensure you receive our emails!

IF YOU HAVE A SITE WHY NOT LINK TO THIS BLOG OR TO OUR WEBSITE?

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This blog is updated once a week, usually on a Monday or Tuesday.

For my random thoughts on property and various other things that typically make me grumpy, please see our TWITTER PAGE: Twitter

Copyright of Blog: David Lawrenson 2010.