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Information
from The National Landlords Association (NLA) It
exists to protect and promote the interests of private residential landlords.
With almost 14,000 individual landlords from around the United Kingdom and over
80 local authority associates, it provides a comprehensive range of benefits and
services to its members and strives to raise standards in rented accommodation.
The
NLA seeks to safeguard landlords’ legitimate interests by making their collective
voice heard by local and central government and the media. The NLA seeks a fair
legislative and regulatory environment for the private-rented sector while aiming
to ensure that landlords are aware of their statutory rights and responsibilities.
jml Property Services are members of the
National Landlords Association in the UK - More
information Here Warning:
Bogus tenancy deposit website alert In
the July/August 2009 edition of the NLA's magazine "UK Landlord"
They wanted to make readers aware of: www.mytenancydeposit.co.uk
has nothing to do with with the Government authorises and NLA sponsored tenancy
deposit scheme mydeposits.co.uk.
If you have used this company, your deposit will not be protected and you should
seek legal advice immediately. A company called MTD Secure Ltd is trading as mytenancydeposit.co.uk.
It is not part of Tenancy Deposit Solutions Ltd (TDSL) which trades as mydeposits.co.uk.
The NLA have informed the relevant authorities. ___________________________________________________
Press
releases Click
on a topic for more information Green
shoots aren't stopping rental arrears-October 2009
Confusion reigns over private
landlord registers - State of the Nations - August 2009 Sheffield
success story is crowned the NLA Property Woman 2009 Nobody
does it better," say female landlords - May 2009 Legal
challenge to NLA/NFRL merger fails - May 2009 Proposed
database of rental properties is "well meaning but flawed" - May 2009 Landlords:
could your property be housing a cannabis factory? 11 March 2009 74%
of advice line calls about tenants not paying rent - February 2009 71%
of landlords expecting increase in rental arrears: 8 December 2008 Government
Minister: "No sense over-burdening good landlords with further regulation":
1 December 2008 Scottish
government not delivering for landlords: 19 November 2008 Review
marks major watershed in attitudes to PRS: renting is not second best 23 October
2008
Landlords
and letting agents unite against ‘tenant-humiliation’ practices : 20 October 2008
NLA
publishes draft code of practice for consultation - Sale and Rent Back : 4 August
2008 The
National Landlords Association (NLA) and the National Federation of Residential
Landlords (NFRL), who together represent nearly 20,000 landlords, have announced
they are to merge creating the largest representative body for landlords in the
United Kingdom: 9 July 2008 NLA
claims a victory for landlords on unfair renewal fees by letting agents: 26 February
2008 Other
NLA Info
Click on a topic for more information Carbon
Monoxide is The silent killer - November 2009 Boiler
scrappage scheme - January 2010 ___________________________________________________ Green
shoots aren't stopping rental arrears 20.10.09 For
landlords, life may seem as if it's finally getting easier; interest rates are
down, and according to a recent RICS survey* rents are on the up. But it's not
all green shoots; some tenants are still facing financial pressures, which are
leading to increased rental arrears. Research
conducted by the National Landlords Association (NLA), the UK's leading representative
body for private-residential landlords, reveals nearly three quarters of landlords
have experienced rental arrears. Worryingly, 43 per cent of these occurred in
the last 12 months. NLA
Rent
Guarantee Insurance offers a way for landlords to minimise the risk from loss
of rent. Should problems arise during the tenancy, the cover also provides legal
expenses and a dedicated 24-hour advisory service. Available to all residential
property landlords, NLA Rent Guarantee Insurance offers much needed piece of mind.
David
Salusbury, Chairman, NLA, commenting on the launch of NLA Rent Guarantee Insurance
said:"Landlords may not realise they can protect themselves against rental arrears,
but our research clearly shows there is a need to safeguard your rental income.
Unfortunately we aren't out the woods with the economy just yet, and thanks to
redundancy and unemployment some tenants are struggling to pay their rent." "While
it is wise to take out insurance, landlords should not forget the importance of
also taking full references and making checks at the outset of a tenancy. Keep
in touch with your tenants too. If they feel they can come to you if they are
facing difficulties, you may be able to come to an arrangement before rental arrears
become more serious." *RICS
Letting Survey Q2 2009 Source
NLA See
also: Response
to statistics from NLA on rental arrears - October 2009 Back
to top Confusion
reigns over private landlord registers - State of the Nations 28.08.09
As
the Government considers mandatory registration of private-residential landlords
there is no agreement between the four countries of the UK about the true value
of such schemes. The
NLA have been working with the Department for Communities and Local Government
(England), Department for Social Development in Northern Ireland and officials
in the Welsh Assembly Government to help shape future policies concerning the
private rented sector and ensure that landlords' views are represented. It
is apparent that each nation is adopting wildly differing approaches to the registration
of landlords. The NLA does not favour mandatory landlord licensing and has made
the following recommendations to government: - Resources
would be more effectively used implementing and enforcing existing regulation.
-
The information required for any registration should be kept to an absolute minimum
to maximise security and accuracy, with access to stored data tightly controlled.
- Any
register established must not operate as an additional arm of regulation.
Confusion
reigns over landlord registers, according to the National Landlords Association
(NLA), the leading representative body for private-residential landlords in the
United Kingdom. Currently,
each of the four countries within the UK is adopting a widely different approach
to whether landlords should or should not be on a central database. England:
the Government is proposing a national register of English landlords which would
include not only their names and addresses but also the addresses of their rental
properties. Run by an independent organisation, landlords (or their agents) would
have to register every year. In return, landlords would receive a unique landlord
registration number to be used in tenancy agreements, court proceedings including
eviction, and housing benefit claims. Scotland:
every council in Scotland already holds a register of landlords and letting agents.
If they have not registered, or applied for registration, it is a criminal offence.
Since its introduction in 2006 there have been calls for the scheme to be reviewed
as 25% of rental properties are not registered.* Landlord registration has failed
to have sufficient teeth to deal with rogue landlords who have failed to register.
Northern
Ireland: the Executive has stated clearly that mandatory registration of landlords
"would put an unnecessary and unfair focus on those landlords who are already
complying with legislation and acting responsibly. It would not provide the most
effective means of targeting those landlords who are not complying with current
law, particularly those who are unaware of, or who deliberately decide to operate
outside the law." ** In other words, there will be no register in Northern Ireland.
Wales:
the Assembly Government has no immediate plans of its own to introduce any
type of landlord register. However, it is possible that if legislation is introduced
at Westminster, it could be extended to include all Welsh landlords. The
NLA have been heavily involved in the policy making process across the UK. Source
NLA 28th August 2009 Back
to top  Press
release
Sheffield success story is crowned the NLA Property Woman
2009 24.07.09
 Shona
Davison NLA Property Woman of the Year 2009
- Last night saw the country’s leading property entrepreneurs gather together
for the prestigious NLA Property Women Awards 2009. 11 regional winners, the NLA
Green Property Woman and the NLA Young Property Woman were all revealed, but it
was Shona Davison, a landlord from Sheffield who stole the show to claim the title
of NLA Property Woman of the Year 2009.
Shona's
flourishing property portfolio and financial successes, generated by pure hard
work and dedication to the private-rented sector, made her stand out. Shona, 31,
bought her first flat aged just 24 and has managed to juggle her growing property
portfolio alongside a full time job and raising a young family. Now with a portfolio
of beautifully maintained properties in Sheffield, Shona’s motivation to succeed
has never wavered. Even when recently diagnosed with the debilitating myotonic
dystrophy, her desire to achieve something for both herself and her family has
stayed strong: "I am now more motivated than ever to build up my buy-to-let portfolio
while I am young and still healthy…and will be looking to buy more properties
in the near future. The
NLA Property Women Awards 2009 launched its search in April this year. The Awards
were presented by property addict and TV presenter Melissa Porter, who praised
the winner; "Shona is a truly inspirational woman who has proved that through
hard work and determination absolutely anything is possible. Her positive attitude
and business sense has seen her rise up the property ladder, despite the adversity
of the current market place, to establish herself as a worthy winner who is proud
to fly the flag for women in property”  Elaine
Duthie NLA
Young Property Woman Award sponsored by the Association of Residential Letting
Agents
Other
Winners: - NLA
East Midlands Property Woman – Tracey Abbiss
- NLA
East of England Property Woman – Christeen Wilson
- NLA
London Property Woman – Valerie Pierres
- NLA
North East Property Woman – Anne Jackson
- NLA
North West Property Woman – Sylvia Marrs
- NLA
Scotland Property Woman – Gerry Whelan
- NLA
South East Property Woman – Susan Hainsby
- NLA
South West Property Woman – Fiona Macaskill
- NLA
Wales Property Woman – Elizabeth Paterson
- NLA
West Midlands Property Woman – Glenda Houston
- Humber
Property Woman – Shona Davison
- NLA
Green Property Woman – Kathryn Nevell
Source
& Photos courtesy of NLA Back
to top Press
release Nobody
does it better," say female landlords -
26th May 2009 The
National Landlords Association (NLA), the leading representative body for private
residential landlords, is continuing its nationwide search for Property Woman
of the Year 2009. According
to a survey of 500 property women, female landlords have a different approach
to their lettings business when compared to their male counterparts. The respondents
felt that female landlords were more likely to be sympathetic to the changing
needs of their tenants. During the recession, this is now more important. They
also felt that female landlords were likely to pay more attention to detail, spending
more time and money on aesthetics and the 'little touches' which make a home more
comfortable. Launched
in April, this year's NLA Property Women Awards is hotting up with nominations
coming in from every part of the UK. Alongside the top prize is the NLA Green
Property Woman Award, for those landlords who have made their lettings business
and properties as green as possible, and the NLA Young Property Woman Award, for
those aged under 30 who already successfully manage a property portfolio. There
are also 12 regional categories offering landlords the chance to win thousands
of pounds in Habitat vouchers and makeovers at Selfridges. To nominate yourself
or someone else, go to the NLA
Property Women Awards website The
respondents to the survey also felt that female landlords see their lettings as
a 'people business', viewing their tenants as customers. Better communication
and a more supportive approach to dealing with their tenants were both held up
as differences when compared to male landlords. Interestingly those who replied
to the survey also indicated that women landlords would be less likely to delegate
tasks to other people (trades people or tenants) than male landlords. Melissa
Porter, property addict and ambassador for this year's
Awards,
said: "It comes as no great surprise to me that lady landlords feel they offer
something of the 'woman's touch' to their rentals business. It's not a tired stereotype
that women tend to be more understanding but that doesn't mean we're a walkover!
"The Property Women Awards are designed so that first-class female landlords can
get some recognition. So, if you're a tenant with a brilliant lady landlord or
you think you fit the bill yourself, why not get nominating? In a year of little
good news, the Awards is an opportunity to show that the property market is not
all doom and gloom." David
Salusbury, Chairman, National Landlords Association, said:"From the research
it is difficult to know definitively whether men and women run their lettings
businesses differently. However, the respondents to the NLA survey certainly seem
to feel that female landlords are more approachable, better organised and especially
sympathetic. Whatever a landlord's gender, the greatest skills for all property
managers have to be flexibility and calmness in a crisis. After all, when you
own and manage property anything can happen." Lucy
Morton, President, ARLA (Association of Residential Letting
Agents), said: "I have been working in the lettings industry for 26 years
and it has definitely been female dominated during that time. One of the reasons
for that, I feel, is that attention to detail and aftercare for the client has
always been at the forefront of the female mindset. And certainly that is a key
element in ARLA recently introducing its licensing campaign for letting agents,
in that the consumer must always be the centre of attention and standards of professionalism
across the sector must be maintained to the highest standards." SEE
ALSO: Property Woman of the Year - ARLA sponsors
young property woman award at the NLA Property Women Awards 2009 - May 2009 Back
to top Press
release Legal
challenge to NLA/NFRL merger fails -
22nd May 2009 See
also: SPLA/NFRL members vote against merger with NLA The
National Landlords Association (NLA), the leading representative body for private
residential landlords, has welcomed a decision by the High Court dismissing legal
challenges to the NLA/NFRL merger. In
July 2008, the NLA and NFRL (National Federation of Residential Landlords) merged
to form the largest landlord association in the UK. The merger was welcomed across
the industry as an important step towards a unified voice for landlords at the
national level. Shortly
after the merger was announced, 11 members of the former NFRL started legal proceedings
against the NLA and the majority NFRL directors who were in favour of the merger.
For nine months, the NLA has been compelled to adhere to a number of strict High
Court undertakings which have prevented it from effectively representing and assisting
landlords who were members of the former NFRL. On
Thursday 21 May, His Honour Judge Pelling QC dismissed the legal challenges to
the merger. He also ordered those who brought the action to pay the NLA’s costs.
David Salusbury, Chairman, NLA, commenting on the judgment, said: “It is a relief
that this episode is now over. The NLA remains wholeheartedly committed to the
concept of a unified voice for landlords and we never believed that costly litigation
would be in the best interests of members or of the private-rented sector. “If
there are members of the former NFRL who were waiting for the outcome of the legal
challenges before deciding what to do, we now look forward to welcoming them on
board and helping to support them in their lettings business. It is now time to
focus all of our energies on the serious matters facing all landlords, not least
Government proposals to introduce a national register of landlords.” SPLA/NFRL
members vote against merger with NLA According
to a 3 page article/report in the May/June 2009 edition of "landlord
& buy-to-let" magazine, members of the Southern Private Landlords
Association (SPLA) (Later trading under the National Federation of Landlords -
NFRL) have voted in opposition to the merger with the NLA. The results follow
a High Court hearing in March where the judge had ordered members to be questioned
about their views over a legal claim led by the SPLA President Mike Stimpson. The
report goes on to say, approximately 5,200 members were asked their views on the
merger. Only 1,7200 actually responded. Of these 892 said they did not support
the merger, 40 abstained and 788 said they did support it. Bary Markham of the
the SPLA said that vote results were not representative of members views as out
of 5,200 questionaires instructed by the court, only 1,700 regarded it important
enough to respond. Back
to top Press
release Proposed
database of rental properties is "well meaning but flawed" 13
May 2009 The
National Landlords Association (NLA), the leading representative body for private
residential landlords, has labelled the latest Government recommendations on the
private-rented sector as "well-meaning but flawed." The
Government has today published its long-awaited response to the Rugg
Review, an independent review of the private-rented sector brought out
in October 2008. Among various recommendations, the Government proposes to introduce
a register of English landlords* to include not only a landlord's name and home
address but also the addresses of their rental properties.
The
national register would be run by an independent organisation and landlords (or
their agents) would have to register every year, "paying a small fee to cover
administration costs." In return, landlords would receive a unique landlord registration
number to be used in tenancy agreements, court proceedings including eviction,
and housing benefit claims. The
most controversial part of the national register would be the requirement for
all landlords to submit details of their property holdings at the time of registration
and re-registration each year. A similar compulsory landlord registration scheme
has existed in Scotland for three years and has been shown to not work with one
in four rental properties not registered.* This means that good landlords are
still suffering at the hands of the minority of rogue landlords who bring the
entire sector into disrepute. There has been no direct benefit for good landlords
and tenants in Scotland as there are reported to be many instances of local authorities
aware of unregistered landlords and doing nothing about them due to lack of resources.
David
Salusbury, Chairman, commenting on the national register, said: "It is possible
to see some benefit to a 'no hurdle', low-cost, easy-to-use register for landlords
as part of a concerted drive to root out rogue operators. However, the NLA would
be opposed to the collection of rental property addresses. We consider this to
be overly intrusive and of no direct benefit to tenants or landlords. "The
private-rented sector is already heavily regulated and many recent changes have
yet to settle down. Any further regulation, therefore, has to be very carefully
considered. In the current economic climate, the last thing good landlords need
is to feel penalised. If a register is introduced it needs to focus totally on
pushing up standards and rooting out rogue landlords. We will be looking for assurances
that a register would be properly resourced and be of direct and immediate benefit
to landlords and tenants. "Any
changes must not be seen as the 'thin end of the edge' in terms of further, burdensome
regulation. Reform must be workable for landlords and not damage the private-rented
sector. The challenge now for Government should be to focus on incentives and
encouragement." Other
proposals include: - All
tenancies should take the form of written agreements.
- Increasing
the threshold for access to assured shorthold tenancies (AST) and the associated
legislative framework from £25,000 to £100,000 of aggregated annual rent.
-
Full mandatory regulation of letting and management agents by an independent body.
-
Encouragement of institutional investment in the sector by creating opportunities
to invest on a large scale and for the long term. This would include the introduction
of a long-term funding model for new private rented housing in England.
- Development
of a more sophisticated and disaggregated understanding of the sector in terms
of improving the evidence base upon which decisions are made.
- Staff
in voluntary organisations – Shelter, CAB etc. – should attend training in private
rented sector housing management.
- Encouragement
to landlord organisations to make support and training services more widely available
to enable better understanding of what is involved in "truly professional private
rented sector housing management."
-
Local authorities should be actively encouraged to explore ways in which to improve
their engagement with private landlords in their areas.
-
Making accreditation available to all landlords wherever they operate. Consideration
should also be given to whether a national accreditation scheme should be established.
-
Increasing protection for tenants whose landlord defaults on a mortgage.
*
Shelter Scotland research See
Also: ARLA welcomes the Government’s “historic shift in thinking” on the private
rented sector towards improved industry standards - May 2009 Back
to top Press
release Landlords:
could your property be housing a cannabis factory? 11
March 2009 The
National Landlords Association (NLA), the leading representative body for private-residential
landlords in the UK, is warning landlords to be vigilant of the way their properties
are used, following a BBC report* into cannabis
factories. According
to the report, 29 police forces across the UK revealed a sharp rise in cannabis
being produced in ‘factories’ inside rented housing. Although this is not a new
problem, the NLA is reminding landlords to be aware of what could be going on
behind the doors of their properties. Horror
stories include a landlord who took six months’ rent up-front from a tenant, only
to find the police knocking at his door. The tenant had demolished the internal
walls of the property to create polytunnels where he was growing cannabis. More
worryingly, this kind of criminal activity may not just be producing cannabis.
The NLA has heard of methylamphetamine (commonly known as crystal meth) also being
produced in rented properties. The
process, while illegal, is also highly dangerous owing to the nature of the highly
flammable elements used in producing the drug. Police
recommend that landlords complete full and proper reference checks with both previous
employers and previous landlords before entering into a tenancy agreement to avoid
taking on criminal tenants. LANDLORDS
SHOULD LOOK OUT FOR: **
- Strong smell of
de-odourisers or air fresheners to disguise the smell of drug production
- Lights
being left on all day and night and curtains and blinds drawn
- A
sudden jump or fall in electricity bills
-
Possible rewiring
- High
humidity in the property
David
Salusbury, Chairman, NLA, commenting on the increase of cannabis factories in
rented properties, said: "Naturally
this kind of news is worrying for landlords, but by taking references and making
regular visits to your property, these problems can be avoided. "The onus is on
landlords to know what is going on in their property; if not they may find themselves
responsible for utility bills, or facing huge repair bills if their property is
used in the production of illegal substances." *
BBC:
'Big rise in cannabis factories' **
Advice taken from Gwent Police See
also: Residential
property owners need to be vigilant, with cannabis farming on the increase, warns
Norwich Union June, 2008 and Landlords
in Ireland warned about Drug Factories June 2009
Residential
landlords may not be covered if their property is damaged by tenants using it
for cannabis production, warns Norwich Union (Aviva). Mike Colmans, underwriting
manager, property owners, Norwich Union, said: "As with most insurance policies,
the duty of care element means a landlord must protect his investment and minimise
his losses. This means it is important to be aware of the warning signs and make
sure all ‘reasonable precautions' are taken." He
went on to say."With cannabis farming clearly on the ris, there is an increased
risk for landlords and their properties. They may not be aware that if their property
is damaged by tenants using it for the production of cannnabis, they may not be
covered". During
2006/2007 there were 5,497 seizures of cannabis plants by police which was a 34
per cent increase since 2005. In 2007 Norwich Union (Aviva) settled around 60
residentialclaims totalling over £1 milion. Damage fromclaims can vary from
holes in walls to water or fire damage.
Mike Colmans went on to say " Vetting the tenant is essential, as is carrying
out extensive background checks including checking bank details and references.
Don't accept payment for rent in cash, but instead, insist it is paid through
a bank. Landlords should be wary if a short term let is requested and sub letting
should be discouraged. Once the tenant is in the premises carry out regular inspections,
both externally and internallyif possible." In
a news report in "Landlord & buy-to-let magazine" there was a quote
from a spokesperson for Greater Manchester Police whose Operation Dragonfly targets
commercial cannabis farms warned " Electricity illegally extracted by the
growers to power lights and fans can total tens of thouands of pounds and the
utilities companies will seek to recover the cost from landlords". The
Greater Manchester Police warn landlords to keep a look out for people arriving
and leaving the property at randlom times of the day and night, a pungant aroma
in the area, large amounts of electricalwiring, chemical and compost and blacked
out windows or bright lights all night long.
More on this here Back
to top Press
release
74% of advice line calls about tenants not paying rent 23
Feb 2009 The
National Landlords Association (NLA), the leading representative body for private-residential
landlords in the UK, has published figures showing its advice line has received
over 30,000 individual telephone calls in the past 12 months. Over
the past year the advice line has taken on average 2,500 calls per month. Unsurprisingly,
74 per cent of calls were from landlords seeking advice on how to deal with tenancies
when rental arrears start to build. As
the recession bites, a growing number of tenants are defaulting on their rent
payments, leaving many landlords in a difficult position with their own mortgage
repayments. Increasingly, landlords are seeking advice on the best way to deal
with tenants who have fallen behind with their rent, including the legal eviction
process. The
message from the NLA Advice Line is clear: if a tenant is in financial difficulty
they should talk to their landlord as soon as possible. But
it is not just non-paying tenants causing concerns; landlords contact the NLA
Advice Line on a variety of issues from cannabis farms to flooded houses. Top
Five Landlord Enquiries - What
procedure do I follow, when my tenant has stopped paying rent?
- What
is an Energy Performance Certificate?
- I
instructed a letting agent on a ‘finder’s fee’ only, my tenant has been there
for six months, my agent now wants a fee to just do the renewal paperwork.
- How
are disputes within tenancy deposit protection handled?
- Do
I need a licence for my HMO (House in Multiple Occupation)?
Richard
Price, Director, NLA, commenting on the increase of tenants in financial difficulty,
said:"No landlord wants to serve notice on a tenant, but the reality is landlords
are forced to do this when rental arrears becomes serious. The NLA Advice Line
is an important source of information and ensures landlords know how to go about
eviction procedures properly. The
NLA Advice Line is staffed by a team of experienced landlords with a wealth of
knowledge on landlord-related questions and issues and is free to NLA members.
Back
to top
Press release 71%
of landlords expecting increase in rental arrears:
8
Dec 2008 Of
those questioned, just 1% felt that rent arrears would decrease next year, with
just over a quarter (28%) expecting no overall change. The study also found that
two thirds (67%) of landlords have experienced problems with rent arrears in the
past, with 37% facing payment difficulties with current tenants. David
Salusbury, chairman of the NLA,
highlighted landlords are in a worrying situation, and need to do all they can
to ensure they receive rent regularly. He emphasised regular communication between
both parties is essential to head off any problems. “The money received through
rent is vital and with 71% per cent of landlords predicting that rent arrears
will rise in the next 12 months, it is more important than ever that landlords
are able to make an informed decision about the financial worthiness of the tenants
they are taking on. A simple credit or tenant reference check before they make
a decision will give landlords some additional peace of mind that their tenants
can be relied upon to meet rent payments,” he concluded. Simon
Gordon, Head of Communications, National Landlords Association, commenting on
the Homeowner Mortgage Support Scheme, said: "Given that 71 per cent of landlords
expect rental arrears to be a major issue during 2009, the Government should extend
the recently announced measures, aimed at helping struggling homeowners, to cover
properties secured on buy-to-let mortgage finance. "If the end game is to prevent
people losing their homes, then it makes no sense for buy-to-let
mortgages to be exempt from these new measures. For
the more highly-geared and smaller landlord, whose monthly mortgage payments rely
heavily on monthly rental income, tenants not paying can quickly spell disaster.
"By giving buy-to-let landlords
the same breathing space, it would give them a chance to offer any struggling
tenants a similar period of time to get their finances in order and prevent the
home being repossessed and lenders evicting tenants." 71%
of landlords expecting increase in rental arrears - UK The
National Landlords
Association (NLA)
has published research showing that 71 per cent of landlords expect rent arrears
to increase during 2009. Of those questioned, just 1% felt that rent arrears would
decrease next year, with just over a quarter (28%) expecting no overall change.
Back
to top
Press release Government Minister:
"No sense over-burdening good landlords with further regulation"
01 Dec 2008 Speaking
at the first NLA National Conference, held in Birmingham on Saturday 29 November,
Iain Wright MP, minister with responsibility for the private-rented sector, said
the Government was committed to not bringing forward knee-jerk legislation that
would hamper the growth of the sector but, instead would target the rogue operators
which give responsible landlords a bad name. In
a thought-provoking speech to landlord delegates, the Minister said the private-rented
sector had become a "great tool to help house the people of this country" and
that he wanted to see the sector "not just survive over the coming months and
years but thrive." Dr
Julie Rugg, co-author of the recently published independent review
of the private-rented sector, spoke about the need for landlords to view what
they do as a business and not purely as an investment vehicle. She reaffirmed
how little evidence had been presented to support the view that retaliatory eviction
was widespread and that ‘studentification' had become a major national problem.
David
Salusbury, Chairman, NLA, speaking at the end of the NLA National Conference,
said: "The success of the NLA's first conference has demonstrated that constructive
dialogue is the only way forward for the private-rented sector. The ‘trench warfare',
which has so often marked discussions between decision-makers and landlords, is
now behind us.
"The Minister has re-affirmed what the NLA has known for years: the people who
suffer the most from burdensome regulation are reputable landlords. The rogue
operators will usually avoid being noticed; what we must now do is ensure they
are not allowed to drop further under the radar."
Other speakers at the one day event included Richard Dyson (The Mail on Sunday),
Andrew Heywood (Council of Mortgage Lenders), Prof. Tony Crook (University of
Sheffield) and Mary Latham (NLA Regional Representative for the Midlands). Back
to top
Press release Scottish
government not delivering for landlords: 19th
November 2008 NLA
Scotland has accused the Scottish Government of failing landlords on the forthcoming
introduction of Energy Performance Certificate (EPC) legislation. With less than
two months until the introduction of EPCs for Scottish rental properties, the
Government is failing to meet its duty to ensure that all landlords are aware
of the new regulations. More
Information Here Back
to top
Press release Review
marks major watershed in attitudes to PRS: renting is not second best : 23
Oct 2008 The
National Landlords Association (NLA), the leading organisation for private-residential
landlords, has welcomed the publication of the Review of the Private-Rented Sector
(PRS) written by Dr Julie Rugg and David Rhodes. The
Review marks an important watershed and a move away from myth-driven policy decisions
towards evidence-based recommendations which acknowledge the important contribution
small landlords make to the housing mix. It is a strategic assessment that does
away with the claim there is some kind of crisis in buy-to-let or the wider PRS.
Key
points: - The
Review makes clear its doubts about build-to-let: "Much of this debate reflects
the attempt to construe residential letting as commercial letting, when in reality
the two sectors are very different."
- Furthermore,
the Review recognises that "smaller landlordism does not necessarily mean financial
instability." There is also acknowledgement that many "cottage industry" landlords
are lowly geared and have unmortgaged properties thus providing tenants with a
high level of security.
- The
Review has identified that focused and targeted policies are needed to root out
rogue landlords
who do nothing but discredit good, smaller landlords. The Review highlights the
critical role local authorities can play, with their existing and powerful tools,
to manage the sector at a local level. This requires a level of prioritisation
for councils.
- A
recognition that tenancies fail for specific reasons: rent arrears, anti-social
behaviour etc. Policy must focus on the reasons why tenancies fail, not on manipulating
the tenancy framework itself. The Review proposes an end to the assumption that
PRS tenancies always end against the wishes of the tenant.
However,
the Review’s proposals on "light-touch licensing" will need further examination.
Much further work is now needed to determine how a model could work and there
is unlikely to be a quick-fix solution. The NLA would wish to be at the centre
of ongoing discussions. David
Salusbury, Chairman, NLA, said: "The Rugg Review offers Government a number of
policy options based upon sound and independent evidence. The rhetoric has gone
and myths have been dispelled. "It
demonstrates and encourages a commitment to "grow the business of letting" for
smaller landlords but also encourages larger-scale investment, where appropriate.
This means tax incentives to encourage investment in quality housing across the
board. "The
Review is clear about the positive elements within the PRS and also where the
sector faces challenges in raising standards and the wider social contributions
landlords could make, especially in “equalising the rental choice." "Appropriate,
focused and effective regulation of the sector is vital and supported by the NLA
as a means of raising standards, improving the management of properties and cracking
down on 'rogue operators'. The Review’s recommendations about licensing will need
careful consideration but the NLA has a major role to play in the development
of PRS policy and we look forward, in the coming weeks and months, to ensuring
that landlords up and down the country are represented as the decisions which
affect them are made." A full NLA response to the Rugg Review will follow in due
course. Back
to top 
ARLA Welcomes Rugg Review on the Private Rented Sector - 24
October 2008
ARLA,
the Association of Residential Letting Agents, has welcomed the provisions to
stimulate the Private Rented Sector contained in the Rugg Review presented to
the government yesterday. The report also contains proposals for licensing, redress
and tackling the problems caused by bad landlords and agents. ARLA,
the Association of Residential Letting Agents, has welcomed the provisions to
stimulate the Private Rented Sector contained in the Rugg Review presented to
the government yesterday. The report also contains proposals for licensing, redress
and tackling the problems caused by bad landlords and agents. "The
Private Rented Sector has been well served by the small landlord. Without this
backbone, the sector would never have been revitalised and the housing market
would be having even more problems," commented Ian Potter, ARLA's Head of Operations.
"Professor Rugg's comments are very welcome. Stimulating the sector will do much
to help us through the difficult times ahead, and at very little cost to the exchequer." Agreeing
with the Professor Rugg's call for licensing, ARLA pointed out that the Association
has been calling for the licensing of all letting agents for more than a decade
and is pleased that this demand has now been backed up. The Association also pointed
out that, together with other professional bodies in the property sector, it already
operates independent redress systems which have the interests of the consumer
in mind. "The
coupling of light touch regulation of landlords, the licensing of agents and the
need to encourage small scale landlords into the market, as called for in the
Rugg Review, will, hopefully, bring about a sea change in government assistance
for the Private Rented Sector with changes in the fiscal regime for landlords
and an acknowledgement that REITS cannot satisfy the needs of the residential
rental market," added Ian Potter. Source
ARLA See
also: Demand
in rental market returns for the first time since recession began - 28 September
2009 Review
of ARLA Agreement Magazine on Insurance - August 2009 ARLA
welcomes the Government’s “historic shift in thinking” on the private rented sector
towards improved industry standards - May 2009 Regulation
needed to protect business of residential letting - ARLA February 2009
ARLA’s Response to the Law Commission Report - August 2008 ARLA
demands an end to unregulated Letting agents - January 2009
Back
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Press release Landlords
and letting agents unite against ‘tenant-humiliation’ practices : 20
Oct 2008 The
National Landlords Association (NLA)
and the Association of Residential Letting Agents (ARLA)
which represent over 23,500 landlords and letting agent offices, have joined together
to roundly condemn any practices which ridicule and humiliate tenants. Recent
media coverage of a letting agent who has started erecting signs on the properties
of tenants who have failed to pay their rent has shocked many property professionals
and attracted much criticism. There have also been questions raised about the
legality of this practice. David
Salusbury, Chairman, NLA, said: "It is very frustrating for landlords if tenants
fail to pay their rent and the system does not always provide easy channels for
landlords to take action. During these leaner economic times, landlords are as
stretched as everyone else and tenants have a responsibility to keep up with their
payments. "However,
there are legal channels available for landlords to gain possession if absolutely
necessary. The law is on the side of landlords in this situation but the courts
can be slow to deliver, with delays of six months not uncommon. Despite these
frustrations, we strongly advise landlords against supporting this kind of behaviour.
It is fundamentally a flawed idea." Ian
Potter, Head of operations for ARLA, supporting this view, said: "This is almost
certainly an illegal activity, contravening data protection and planning laws.
Apart from that, what do the agent and landlord expect to achieve, and how do
they think they will appear to the majority of people in the street? Taking the
law into your own hands is dangerous in many more ways than one. "Any
letting agent who encourages landlords to take this sort of action should be avoided.
At the end of the day, this kind of behaviour is severely detrimental to communities
and the relationship between letting agents, landlords and tenants." Back
to top
Press release NLA
publishes draft code of practice for consultation - Sale and Rent Back: 4th
August 2008 The
National Landlords Association (NLA), the leading representative body for private-residential
landlords, has asked interested parties to submit their views on their draft Code
of Practice for landlords involved in the sale and rent back market. Following
wide-reaching consultation across the housing and mortgage sectors, the Code places
the protection of vulnerable consumers at its heart. More and more people are
now facing financial difficulty including so-called ‘payment shock’ and the inability
to keep up with their mortgage payments. Ethical sale and rent back could be a
way for some struggling homeowners to stay in their homes. David
Salusbury, Chairman, NLA, welcoming the publication of the draft Code, said: "Unsurprisingly,
sale and rent back continues to be a controversial issue. Far from being an alternative
to the many equity release products aimed at older people, sale and rent back
offers flexible tenure for those can no longer afford the costs of home ownership.
For some, becoming tenants will be a temporary stop-gap while they get their finances
back in order. For others, they will reap the benefits – including cost - of living
in rental accommodation. "The
draft Code should be seen as a work-in-progress. We are putting it out for consultation
so interested parties can submit their opinions about how the Code could be improved
but also to indicate the seriousness with which the UK’s leading landlord association
takes its responsibilities for raising standards across the private-rented sector. "As
we have said before, people’s homes are not like other commodities. We must act
in order to ensure those consumers facing financial difficulty and imminent repossession
are protected from rogue landlords." The
Office of Fair Trading has now launched a market study into sale and rent back
which is due to complete its work in September. One of the possible outcomes following
the OFT market study could be to encourage the development of a consumer code
of practice. Back
to top
XPress release
The National Landlords Association (NLA)
and the National Federation of Residential Landlords (NFRL), who together represent
nearly 20,000 landlords, have announced they are to merge creating the largest
representative body for landlords in the United Kingdom. 9th
July 2008 Research
among the membership of both organisations has indicated the need for a national
unified voice for private-residential landlords. Following several months of negotiations
between the governing bodies of the NFRL and NLA, this merger rightly reflects
landlords' desires that their views are represented with one voice to policy-makers. The
larger NLA, combining the strengths of both organisations, will better represent
the needs of all landlords at a time when the private-rented sector faces major
challenges. The merger will mean a wider range of products and services being
made available to members as well as a significant development of local landlord
networks. David
Salusbury, Chairman, NLA, in welcoming the merger, said"The aims and objectives
of the NFRL and NLA are very similar. It is these synergies which make the merger
an obvious next step for both organisations." "The
newly enlarged NLA, with almost 20,000 paid-up landlord members, is now the pre-eminent
voice for the private-rented sector and this will mean increased commercial benefits
to our members but also a greater ability to influence policy at all levels. At
a time of doom-mongering headlines about the housing market, this merger is good
news for the entire private-rented sector." Barry
Markham, Chairman, NFRL, commenting on the newly enlarged NLA, said: "All landlords
deserve to have their opinions and views represented clearly. Although the current
economic climate provides commercial opportunities for the professional landlord,
it remains critical that the NLA continues to lobby Government and highlight the
important role that landlords play in providing decent and affordable rental accommodation.
"The
NFRL has worked tirelessly to develop an extensive branch network covering the
whole country. This enables landlords to feel part of something useful at a local
and applied level. With both organisations coming together under the NLA banner,
landlords have a representative body that listens and responds and will strive
to safeguard their legitimate business interests." Current
members of the NFRL will automatically become members of the NLA. The five existing
directors at the NLA will remain in place but will be augmented by two former
NFRL directors. One of the new NLA directors, Barry Markham (former NFRL Chairman),
will become a Vice Chairman of the NLA. Back
to top
XPress release
NLA claims a victory for landlords
on unfair renewal fees by letting agents 26
February 2008 The
National Landlords Association (NLA), which represents almost 14,000 landlords,
has welcomed the decision by the Office of Fair Trading to issue High Court proceedings
against a major High Street letting agent The
NLA has received vast amounts of correspondence supporting its recent campaign
against these extortionate renewal fees, including from landlords who are being
sued by letting agents for refusing to pay-up. Currently,
many landlords in London and the South East who have been managing a property
on their own and who simply want to renew the tenancy agreement for a further
12 months, can expect to pay 10% or 11% of the annual rent as a renewal commission
to the letting agent. For many properties in the region, this could be a figure
running into thousands. John
Socha, Vice Chairman, NLA, in welcoming this announcement said: "The NLA has been
pivotal at encouraging landlords to come forward and complain about these ‘money
for nothing’ fees which seem to have become the norm in London and the surrounding
region. "We
very much welcome the OFT’s decision to seek an injunction in this case and hope
this sends out a signal that this fee, where the agent has done nothing to earn
it, is unwarranted and unfair and should be abolished as soon as possible." Most
letting agents in other parts of the UK charge a small administration fee for
a ‘let only’ renewal. This covers contacting the tenant, negotiating the length
and level of the tenancy along with signing the renewal and returning completed
paperwork. This often costs less than £95 plus VAT.  Press
releases 2008
OFT
seeks court order against letting agent Foxtons 28/08
25 February 2008 The
OFT has issued High Court proceedings against Foxtons Limited seeking a declaration
on the application of the Unfair Terms in Consumer Contract Regulations 1999 (UTCCRs)
to certain terms in Foxtons' lettings agreements with landlords. The OFT is also
seeking an injunction against Foxtons preventing it from using the terms. The
action taken by the OFT is in response to consumer complaints. If successful in
this case the OFT intends to enforce compliance with the law, as declared by the
Court, throughout the letting industry wherever similar terms are being used.
The
terms to which the OFT objects in Foxtons' letting agreements can potentially
require landlords to pay Foxtons substantial sums in commission, where a tenant
continues to occupy the landlord's property after the initial fixed period of
the tenancy has expired - even if Foxtons plays no part in persuading the tenant
to stay, and no longer collects the rent or manages the property. Foxtons' terms
can also require the landlord to pay these sums after the landlord has sold the
property. The terms also demand commission where the landlord sells the property
to the tenant, even where Foxtons has played no part in negotiating that sale.
Foxtons
contends that its agreements with landlords are not unfair and continues to use
these terms, and accordingly, the OFT has issued proceedings so the courts can
decide the matter. NOTES
1.
The OFT is seeking an enforcement order against Foxtons Limited under the Unfair
Terms in Consumer Contracts Regulations 1999 (UTCCRs). 2.
The UTCCRs apply to standard contract terms with consumers. The UTCCRs protect
consumers against unfair standard terms in contracts they make with traders. The
OFT, and certain other qualifying bodies (such as local authority trading standards,
national regulatory bodies, and Which?) can take legal action to prevent the use
of potentially unfair terms. A term is likely to be considered unfair if, contrary
to the requirement of good faith, it causes a significant imbalance in the parties'
rights and obligations under the contract, to the detriment of consumers. The
regulations say that a consumer is not bound by a standard term in a contract
with a trader if that term is unfair. Ultimately, only a court can decide whether
a term is unfair. 3.
It is estimated in the lettings industry that there are at least 15,000 letting
agency businesses in the UK, including a number of national and multi-national
companies in addition to many smaller businesses. ©
Crown copyright - jml
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