ROOF Blog

Thousands of tenants, students and buy-to-let investors will be hit by new laws forcing landlords to apply for planning permission if they want to rent a property to three or more people. Landlord associations have criticised the Government’s proposals, which will bring down from six to three the number of unrelated people who can rent a property together before planning permission is needed from local authorities. The legislation will affect only properties that register for a ‘change of use’ (for example, converting a family home into flats), and will not affect pre-existing houses of multiple occupation (HMOs) that are rented out to three or more tenants. There are more than 400,000 registered HMOs, and these will fall within the new legislation only if their landlords change the tenancy arrangements.

The Government has informed the National Landlords Association (NLA) that the Assured shorthold tenancy (AST) threshold will rise to £100,000 on October 1 2010. The proposal to increase the threshold had been broadly welcomed by the NLA as an attempt to offer greater clarity and transparency for landlords and tenants. But it seems that a quirk of the process means the change will be retrospective and will be applied to existing tenancies. As a result, any tenancy with an annual rent between £25,000 and £100,000 in existence on 1 October 2023 will become an AST overnight. The NLA says the proposals have the potential to be damaging to a significant number of landlords who entered into contractual tenancy agreements in good faith. Landlords and tenants will no longer be able to negotiate individual terms for their tenancy and the rights and responsibilities associated with the Housing Act 1988 will be extended to these higher rent properties.

Private sector landlords are urging support from MPs to ‘save the future of renting’ to students and young professionals. Nurses, teachers and a generation of young workers could be hit by a government plan to prohibit areas of shared housing for groups of unrelated tenants. The legislation comes into force on 6 April when new powers will allow planning legislation to be used to control the renting of shared properties to people who are not families or related tenants. Alan Ward, chairman of the Residential Landlords Association, said: The government’s change to planning Use Classes Orders is bad not only for landlords but for the whole private rented sector, not to mention the local economies that have traditionally grown around existing areas of shared housing’.

Higher unemployment is forcing more young people into further education, increasing demand for short-term flats and providing a boost for Unite, the student accommodation developer. Demand is expected to accelerate at such a rate that Unite yesterday told investors it would continue to buy properties in student hotspots such as London and would not be reinstating the dividend — last paid in the middle of 2008 — until it had returned to ‘meaningful’ profit, even though the group announced a profit of £600,000 after a loss of £5.8 million in 2008. A lack of job opportunities was partly behind a 23% rise in the number of university applications between February 2009 and the same month this year, Mark Allan, chief executive of Unite, said yesterday.

Ministers are to crack down on excessive housing benefit payments in a series of reforms designed to curb the increasing £17 billion annual rental bill. Yvette Cooper, the work and pensions secretary, plans to cap the highest rates paid to private landlords — as much as £1,800 a week — to stop families on benefit living in palatial homes at the taxpayers’ expense. The reforms are expected to save hundreds of millions of pounds a year, but could result in hundreds of families being evicted from expensive accommodation with six months’ notice. The housing benefit bill, which covers rents in the private and social sector, has jumped from £11 billion in 1998 to £17.4 billion in 2008-09 and goes to 4.5 million claimants. The Treasury has forecast that this will rise to £20 billion by 2011 because of the recession, rising private rents and a critical shortage of social housing. The average rent in social housing is only £72 a week against £108 in the private sector.

Buy-to-let investors are back in favour with mortgage lenders for the first time in two years, raising renewed concerns that first-time buyers could once more be squeezed out of the market for one and two-bedroom properties by landlords. Brokers said that a number of lenders have started to focus on attracting landlords with more favourable interest rates, after a long period of freezing them out. Despite the credit-fuelled boom and subsequent collapse of the buy-to-let market, which left many city centre flats empty and landlords unable to complete purchases, the lenders that are now re-entering the market perceive their customers as less risky than first-time buyers.

The Tenant Services Authority (TSA) has set out how it plans to promote equality and good relations for social housing landlords and tenants in England with the launch of its first ever ‘Single equalities scheme’ and supporting action plan. The consultation document includes how the TSA will work with tenants, providers and other stakeholders to ensure that the needs of different tenants across the six diversity groups of ethnicity, disability, sexual orientation, age, gender, and religion/belief are identified and taken into account. Everyone with an interest in social housing is invited to comment on the consultation document.

The recession may have severely dented the property market, but new figures show it has also prompted a surge in official complaints against those who make their living from it – estate agents, lettings companies, developers and even surveyors show big rises. The Property Ombudsman Scheme (POS) – the best-known redress system for buyers, sellers and tenants – received well over 10,000 complaints last year, with those in the lettings sector of the market alone surging by 79 per cent since late 2008.

Plans for a national register of social housing tower blocks in England are being outlined by the Tenant Services Authority (TSA). The social housing regulator’s national register will hold details on ownership, the number of properties and the age of the tower block. It will also list the date of the last fire risk assessment and the date of the next assessment. The TSA will begin collecting data from housing associations in February 2010. Phil Morgan, Executive Director, Tenant Services said, ‘The register will be a valuable tool, allowing us to build up a comprehensive picture of tower blocks in England. It will allow us to work with landlords to ensure that they are fully complying with their responsibilities to carry out risk assessments and taking appropriate action so that tenants are properly protected from the risk of fire.’

The number of families forced to hand back the deeds to their home in the recession has been understated, according to the Conservatives, because the official figures exclude ‘sale and rentbacks’. There were 48,000 repossessions in 2009, compared with 75,000 in 1991 at the peak of the last recession. Labour said the figure, which was lower than some earlier predictions, was proof that its measures had worked. But Grant Shapps, shadow housing minister, has claimed that the true number of people losing their homes is far higher. The total cited by Labour, he said, did not include those homeowners who sold their home to a landlord and rented it back in an attempt to remain in the property.