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.

Tenants, MPs, local councillors and trade unionists from across Britain will come together on March 19 at the Defend Council Housing (DCH) national conference to defend the future of council housing and demand that politicians listen to council tenants in the run up to the general election. DCH campaigns against ‘privatisation’ and for direct investment to provide decent, affordable, secure and accountable housing. The conference will discuss proposals for the future funding of council housing and hear from local campaigns fighting to insist Government meets its commitment to bring all housing up to a decent standard with no strings attached.

The government is to offer cash rewards of up to £500 to people who report neighbours they suspect are unlawfully subletting their council home.

Ministers have been told that between 50,000 and 200,000 social rented homes in England are occupied by unauthorised tenants, at a time when waiting lists are full and housing projects have stalled.

They are expected to target 8,000 tenancy cheats in a first wave of investigations this week across 145 local authorities after a trawl of council records by the Audit Commission.

There is a growing crisis as demand for social housing has soared during the recession.

About 1.8m households are on waiting lists in England, while just 60,000 social homes have been built in the past two years.

John Healey, the housing minister, said: ‘We can’t allow cheats to hang on to the tenancies of council houses they don’t need and don’t live in.’

The crackdown will be difficult for subletters, who have no rights or protection if a social home is reclaimed, and who can be evicted in as few as seven days.

Charities are urging the government to do more to help tenants, claiming 1.3 million low income households are struggling with their finances.

Shelter and the Money Advice Trust said 90 per cent of households earning under £20,000 (£25,000 in London) are in financial trouble, compared to 56 per cent in 2006.

They want the government to address affordability in the private rented sector and offer advice and support. Nearly 50 per cent of those in trouble had not received advice in the last year.

According to the survey carried out by the two charities, four out of 10 people on low incomes said their debts were impacting on their health – rising to 50 per cent among households with children.

It also found 60 per cent of households in receipt of housing benefits or local housing allowance received less than the cost of their rent.

Shelter director of policy and campaigns, Kay Boycott, said many tenants at the lower end of the private rented sector faced a ‘daily battle’ to ‘keep their heads above water’.

‘The government must recognise the significant role the private rented sector is playing in bearing the brunt of this recession by increasing funding for advice and support services, and setting out a long-term vision for the sector,’ she said.

The government is expected to announce modest rent reductions for around two million housing association tenants, despite a survey of tenants showing that most are against a rent cut.

The associations – the main providers of social housing – fear that such cuts will lead to a sharp fall in the level of affordable house building because they will be unable to raise the necessary loans for new building.

But ministers are determined to press ahead with the first ever rents cut, despite an opinion poll by the National Housing Federation (NHF), which represents the associations, showing that almost 70 per cent of tenants do not want a reduction.

The NHF says that even a small cut will reduce their income, already well down as a result of the recession, by millions of pounds.

NHF chairman, David Orr, said: ‘Faced with such a shortfall, associations could be forced into cutting back dramatically on the key services tenants really value, such as anti-social behaviour programmes, job training schemes and education initiatives.’

Tenants living in social housing would be able to benefit from a national house-swap scheme planned by the Conservatives, Grant Shapps, the shadow housing minister, said today.

He told the National Housing Federation conference that the Tories wanted to make it as easy for social tenants to move as it is for people living in private housing.

Under the current arrangements, social tenants are four times less likely to move than people who rent privately.

‘If you are a social tenant, you don’t have the same opportunities as other renters or home-owners. The system means that your aspirations are squeezed, your expectations lowered, and your horizons are limited,’ Mr Shapps said.

‘Today I can announce that a future Conservative government will facilitate a nationwide affordable-house-swap programme.

‘We will introduce an open database connectivity platform to ensure that – for the first time ever – every family in social housing will have the chance to relocate by exchanging their home for another one, anywhere in the country.’

Struggling buy-to-let landlords are eating humble pie when it comes to finding tenants.

Checks and references traditionally carried out on tenants to assess their reliability in paying up are now being reversed as renters seek assurances the owner of their new home is legitimate and not on the verge of being repossessed.

David Underwood, a lettings consultant at Darwoods in St Albans, Herts, has noticed a ‘marked shift’ in emphasis:

‘Tenants have been far more interested in landlords’ backgrounds and are asking more questions about where their deposit is being held,’ he says.

It would seem that tenants’ concerns are well founded. When the Council of Mortgage Lenders (CML) started compiling buy-to-let data in the second half of 2005, only 200 investment properties were in mortgage arrears of three months or more.

By the first half of this year, this had soared to 5,400. Repossessions of investment homes also climbed, from 400 to 2,800, during the same period.

Tenants who receive local housing allowance (LHA) will be able to choose to have their rent money paid directly to their landlord if the Conservatives win next year’s general election. Grant Shapps, shadow housing minister, will announce today at the Crisis national conference in Birmingham that a Conservative government will revert to the way housing benefits were handled before last year’s government reforms, which are due to be reviewed before April 2010. Shapps is expected to say that the current system is deterring landlords from renting property to tenants receiving LHA: ‘Fearful that rent money may never be paid, some landlords routinely include the words ‘No HB’ in their ads, further restricting the supply of housing for affordable rent.’

Recent figures from the Association of Residential Lettings Agents and National Landlord Association have found 65 per cent of estate agents experiencing an increase in the number of tenants struggling to pay their rent, and as many as one in three landlords have tenants in arrears.