Landlord Steering Group
Wednesday 3rd February 2016
3.00 pm – 4.30pm
Riverside, Warwick District Council, Leamington Spa
In attendance: Richard Thomas (Chair), Paul Hughes (WDC), Becky Frazer (Secretary/WDC), Paul Chapman (SDC), Cathy Cattel (Warwick University), Matthew Scott (Warwick University), Richard Woodcock (Landlord), Carol Duckfield (Landlord), Anthony Kempster (Agent/Landlord), Terry Samuel (Landlord), Nick Gray (WDC), Katy Wild (WDC), William Mackinnon-Little (Landlord), Runjit Bhopal (Landlord), Ms Gryb(Agent) and Mary Latham (NLA), Cllr Kristie Naimo (Brunswick Ward), Cllr Barbara Weed (Leam Ward), Cllr Quinney (Leam Ward)
Minutes
- Welcome and Apologies
Apologies received from Dr.Singh
- Matters Arising/Minutes of last meeting
No Issues
- Sharing Best Practice
TS enquired about getting advice guides approved by the WDC legal department. RF advised she had investigated this but there were currently no funds left in the legal budget to do this.
ML advised the National Landlords Association had started to partner Local Authorities. The hope is to encourage landlords to take up the offer of free associate membership. Associate members can download advice guides and documents for their use. The materials are credible and have had legal checks.
WDC to offer a training session through the Midland Landlord Accreditation Scheme on the Right to Rent checks.
- Information from meetings attended
PH attended a briefing at Sandwell BC from the Home Office on the Immigration Act 2014/15.
- Tax changes April 2016
RW advised he is interested not just in the tax changes but also about the incoming legislation changes and that not enough has been done by the government to communicate these to landlords.
ML advised that topics of interest in the PRS are:
- Changes to Stamp duty charges
- The Local Government Finance (Tenure Information) Bill has been thrown out. This was the bill requiring the collection of tenure information by Council Tax departments.
- The Housing and Planning Bill is progressing quickly and contains proposals for a rogue landlords’ database and banning orders.
- The Immigration Bill 15/16 which criminalises private landlords who repeatedly let to tenants with no right to rent.
RW enquired if responsibility can be passed to a letting agent. Ml advised it must be assigned to the agent in writing or be an explicit term in the service contract. Landlords are recommended to check the terms and conditions of their contracts to see if the immigration checks are excluded. RW enquired about procedure where an additional adult comes to reside in the property. ML advised that where the landlord is aware of any other adults coming to live in the property their documents should be checked to establish right to rent. If they do not have a right to rent property in the UK the Home office should be contacted. If the tenant sublets without the landlords’ permission the tenant becomes the Head tenant and is responsible for the checks.
ML advised there has been some recent case law on and Agent undertaking third party referencing. An Agent had only checked the credit score for a prospective tenant. Checks were not sufficient and rent arrears accrued. The judgement was against the Agent, who was required to compensate the landlord for costs and unpaid rent as the landlord had paid the agent for this service.
- Mandatory HMO Licensing Consultation
RF emailed LSG members to highlight this consultation and invite a response from members. No feedback was received. TS advised that if further mandatory licensing came it would have a significant effect on landlords. RT advised that the fees are negligible and provided the properties are up to standard, that there would be little change for landlords. TS advised that costs would be passed on to the tenants and that there was a significant difference in licence fees across districts. PC advised that some work had been done in Stratford District to assess the costs being passed on to tenants and this was calculated to be £2.00 per person per week. TS advised that aside from the costs there are the further requirements specified in the licence conditions such as room size. ML advised there was little difference in the requirements for licensable and non-licensable HMOs. RT and ML welcome the scrutiny as this will not impact on the practices of good landlords.
It was suggested to agree a protocol for responding to consultations so that the comments were representative of group views. It was agreed that all comments be sent to the Secretary for collation and forwarding on to the Chair. The Chair will put the response together and this will be circulated to the group for comments. If no comments are received within a reasonable timeframe the response will be sent on behalf of the LSG.
- South Leamington HMOs
The Councillors for South Leamington were introduced. RF advised there had been a number of complaints recently from residents in the South Leamington area regarding refuse generated in student HMOs. RF advised that the landlords and tenants were being contacted to discuss the complaints and the start of term letter had been sent as per the agreement between the LSG and Neighbourhood Services. RF invited comments and proposed solutions from the LSG members.
ML advised that it was up to landlords to make their own management plan in respect of waste management. ML suggested the Councils role was to advise landlords to deal with it themselves. ML advised in other areas that the occupants were receiving fixed penalty notices and this was the best deterrent, as once one has been served the word will spread.
MS advised that Warwick Accommodations had done significant work in this area. MS first identifies if they are Warwick University students. At the first complaint they receive a letter regarding the refuse, they may then be invited in to discuss the complaint, or be asked to write apology letters to the complainant. Where interventions take place there are very few repeated complaints. Complaints are usually received from streets where there is a high density of student HMOs.
ML reminded the LSG that we are discussing young people who are privately renting for the first time and are likely to need some education. TS and MS give new tenants a ‘good tenant handbook’. RF advised that there is lots of information available to students on the Student Union website. The Students Union run campaigns on being a good neighbour and refuse. Information available online or via email may be more likely to be read by students.
Utilising neighbourhood watch to monitor refuse was discussed but felt to be inappropriate. MS advised that Warwick University and WDC fund the Street Marshals Scheme. MS has discussion sanctions against students with the University but the Students Union are against sanctioning students.
PH advised that most of the powers available are to take action against the occupants. ML advised it is better to send named letters to the individual occupants and instigate financial penalties against them to address the issue.
- AOB
RF advised WDC are hosting a Midland Landlord Accreditation Scheme training event on Right to Rent on Monday 15th February. This is open to all landlords.