Northern Ireland is to have its first Tenancy Deposit Scheme, in a move to avoid disputes over deposits between tenants and landlords.

It will involve a third party holding onto the cash and mediating in disagreements, bringing NI into line with England and Wales.

The scheme, for private rentals, has been introduced by Social Development Minister Nelson McCausland.

It has been criticised by the Landlords Association as being too bureaucratic.

However, it has been welcomed by student leaders as “a victory for students and other tenants”.

The assembly approved legislation for the independent third party scheme to protect tenant’s deposits from 1 April.

‘Assurances’

Mr McCausland has appointed four administrators to operate the new scheme.

He said: “This scheme will provide assurances for tenants and protection for landlords, helping to minimise long drawn-out legal proceedings and disputes.

“Tenants across Northern Ireland in the private rental sector can now be afforded the same protection as those in Great Britain.

“This is a positive development for the private rental sector”.

He said schemes such as this had been very successful in the rest of the UK adding that he was keen that the private rental sector was seen as a “good option for tenants”.

“Return of tenant deposits is an issue I hear of time and time again and I’m pleased that Northern Ireland citizens can now be reassured their money is safe,” he said.

“The new scheme… will encourage a more professional approach to tenancy deposit practice, minimise disputes and go some way to improving the sector’s reputation as a desirable option.”

‘Very onerous’

However, Declan Boyle of the Landlords Association said he was not happy with the new plan.

“It’s very onerous and the penalties here are going to be more severe than in the UK, for whatever reason,” he said.

As part of the scheme, housing benefits will be paid directly to landlords.

Adrianne Peltz, president of the National Union of Students and Union of Students in Ireland (NUS-USI) said her organisation had campaigned for the introduction of the scheme.

“We hear horror stories of students and other people who have rented a house and at end of the contract have left it in excellent condition but have had their deposit withheld by an unscrupulous landlord.

“The vast majority of landlords behave in an impeccable manner and care about the welfare of their tenants, so I am sure that they will welcome these developments. This scheme will safeguard their good reputations and help prevent bad landlords from tarnishing the image of their industry,” Ms Peltz added.

www.bbc.co.uk BBC News 04/02/13

As  a growing number of renters seek greater security through longer term  tenancies, the Landlord Syndicate is advising landlords to make sure  they carry out mid-tenancy checks on their properties.

There are concerns that if they do not check on tenants frequently  enough they are leaving themselves at greater risk of a dispute later  down the line.

A number of incidents have recently been brought to  the attention, as a result of landlords not accessing their rental  properties at all during the tenancies.

‘We have had floods that  weren’t reported to landlords, numerous cases of sub-letting, and most  commonly at this time of year, where tenants are neglecting to air  properties, build up of condensation and mildew contributing to long  term damage,’ he said.

As a result, the Landlord Syndicate, a  network of companies that provides a support centre for landlords, is  reminding landlords that in the eyes of the law they are the  professionals and a problem is only a problem if it is reported.

‘The  average length of a tenancy has grown from approximately 13 months to  nearly 17 months. On the one hand this is great news for both landlords  and tenants, offering each a greater level of security, but on the  other, landlords run the risk of becoming complacent, assuming all is in  working order at their property, and this can be a costly mistake,’  explained Lyons.

Landlords should access their properties every  three monthly interval but no less than six months, especially during  the winter when problems are more likely to arise. Checking on a rental  property gives landlords the opportunity to assess its condition,  address any potential health and safety issues, deal with maintenance  jobs before they become a major problem as well as check for signs of  misuse.

‘If there is a problem, such as condensation build up,  the landlord can advise the tenant on how to resolve and prevent the  issue happening and carry out any necessary repairs. Landlords can’t be  held liable for issues caused as a result of tenant misuse,’ added  Lyons.

He also pointed out that documenting mid-tenancy checks  provides evidence that the landlord was aware there was a problem and  took appropriate action. This audit trail can be a powerful tool in  protecting a landlord from being fined should a dispute arise.

‘Landlords  are the responsible party in renting a property and should not assume  that tenants are going to automatically rectify any issue, especially if  they consider it the responsibility of the landlord. Landlords need to  be proactive by carrying out documented property visits and bring it to  their attention,’ said Lyons.

‘Carrying out this process either  yourself or through a recognised  inventory management company will save  you hundreds of pounds in prevention of problems and save you even more  in the event of a dispute at the end of the tenancy,’ he added.

Report from Propertywire.

The legislation for EPCs was recently changed and this came into effect from the 9^th January 2013. It is now required to provide a copy of the EPC graphs in any commercial media, including online property portals.

There are, however, some exemptions for certain properties. Until the 9^th January 2013 there were three exemptions, as below:

• Any property      which is used or intended to be used for four months or fewer in a year
• Any building      under construction which is not yet completed
• Any building      which is due to be demolished

The latest changes to legislation now mean that protected buildings are no longer required to have an EPC where meeting minimum energy standards would unacceptably alter their character or appearance.

Labour leader Ed Miliband has outlined his party’s plans to make the housing market fairer for people who rent their homes privately.

In a speech to the Fabian Society, he said Britain was in danger of having two nations, of homeowners and tenants.

He proposed a national register of landlords and more powers for councils to tackle rogue ones.

The speech was intended to flesh out the idea of a one-nation party, which was unveiled at Labour’s conference.

A “national register” of landlords – which already exists in Scotland – was proposed under the last Labour government.

But this was abandoned by the coalition which said it did not want to impose “burdensome red tape and bureaucracy”.

New security

Mr Miliband told the annual conference of the Fabian Society think-tank: “One Nation Labour is about giving proper rights and protections to those who rent.

“That’s why we will root out rogue landlords, we will stop people from being ripped off by letting agents and we want to give new security to families who rent.”

He said a Labour government would introduce a national register of landlords and end “confusing, inconsistent fees and charges” in the private rented sector.

It would also give greater security to families who rent and remove the barriers preventing longer term tenancies, he pledged.

“For many families at the moment who are renting in the private rented sector – and there are more than a million families in this position – they face a situation where they may have lived in a house for three, four, five years or more, be sending their kids to the local school, and then find that they can be kicked out at just two months’ notice,” he said.

“That is wrong and we have to change it, and give proper rights to people in the private rented sector.”

BBC political correspondent Ross Hawkins said Labour was hoping the speech would help it move on from its time in office.

Mr Miliband also said “One Nation Labour” had “learnt the lessons” of the financial crisis.

“It begins from the truth that New Labour did not do enough to bring about structural change in our economy to make it work for the many, not just the few.”

He also said New Labour was too timid in enforcing rights and responsibilities and too sanguine about the consequences of free markets.

http://www.bbc.co.uk/news/uk-politics-20996278

By Morgane Lapeyre

The 2011 census has shown how fewer of us can  afford our own home, resulting in greater numbers being forced to rent.

Results of the ten-year census of England and  Wales, published by the Office for National Statistics today, revealed how  home-ownership has decreased from 68 per cent of households in 2001 to 64 per  cent last year – some 7.6million households.

The private rental sector has absorbed much  of this shift. Between 2001 and 2011 there was a rise in the share of households  renting from a private landlord or letting agency – from 9 per cent in 2001 to  15 per cent in 2011, or 3.6million  households.

Nation of renters: More people are having to hand money  to landlords because they cannot afford to get on the housing ladder.

At the same time there has been an increase  in the proportion that own their home outright – as opposed to owing money on a  mortgage. The proportion of homeowners with some kind of mortgage or loan has  fallen from 39 per cent in 2001 to 33 per cent last year.

The main reasons behind the fall in  home-ownership between 2001 and 2011 relate to the financial crisis.

Banks and other mortgage lenders are still  feeling the hangover of the credit crunch, which signaled the end of the UK’s  lending spree, and continue to impose tighter mortgage lending standards. They  are requesting that borrowers make higher down payments on their loans making it  harder for new buyers to get on the property ladder.

The crisis has also hurt consumers’ savings  through higher inflation, further reducing their chance of builidong a deposit  to qualify for a mortgage.

‘Private landlords are playing a very  important role at the moment and this is likely to last for some time’, said Ben  Thompson, Managing Director at the Legal & General Mortgage Club.

‘Historically when it became more expensive  to rent than buy, and house prices started to stabilise or rise, tenants made  that leap to buy, as they felt the time was right and they were “missing out”.  This no longer applies as we are into somewhat unchartered waters.’

He said he found it ‘intriguing’ that the  proportion of outright homeowners had risen over the decade – indicating that  higher numbers had managed to pay off their mortgage – but hinted that this  trend was likely to reverse in the longer run as ‘in future years housing wealth  may well be targeted to alleviate much of the state pension burden’.   

‘Britain is still a nation of aspiring homeowners… but buying property may  simply never be attainable for future generations, because soaring living costs  mean it’s a struggle for many households just to keep their heads above water  each month, let alone have enough spare cash to put aside towards a  deposit.’

Recent analysis by the Institute for Public  Policy Research found that 51 per cent of people aged 18 to 30 believed they  will not be able to buy a property for at least a decade.

The results of the ONS Census also show that  the proportion of people sharing a home has remained broadly unchanged since  2001.

Read more: http://www.dailymail.co.uk/money/mortgageshome/article-2246488/Generation-Rent-2011-Census-reveals-fewer-afford-buy-forced-rent.html#ixzz2F0yfIfen

  By Sean O’hare

Slum landlord: David McCabe from Plymouth rented out  squalid bedsits to vulnerable people

Britain’s first property rental ASBO is set  to be handed down to a slum landlord who leased rotting homes and bedsits strewn  with rubbish to vulnerable people.

David McCabe, 57, a landlord for 30 years, was fined £28,000 for 28 counts of  breaching housing regulations and failing to clean up two of his homes,  which  he had split into six bedsits.

Plymouth Magistrates Court heard how the homes and bedsits were strewn with  rubbish, the bathrooms dilapidated and  the carpets and walls covered in dirt.

Floors of his properties were rotting, there  were inadequate fire alarms and fire-fighting equipment, and the back gardens  and yards were cluttered with tyres, furniture and timber.

Some of the windows and doors of his homes  were also seized shut.

McCabe, of Plymouth, Devon, leased rooms with  only basic furniture, and sometimes not even a bed to vulnerable people on  benefits – many with alcohol problems, it was said.

Plymouth City Council also launched a  pioneering legal application for an Anti-Social Behaviour Order which would stop  him renting rooms to anyone on housing benefit.

Speaking in court council lawyer Helen Morris  said the two houses were ‘in a state of Dickensian squalor’.

She said: ‘They did not meet modern housing  standards. These are vulnerable tenants on very limited means.

‘The council tried to work with him for many  years and he is brought before court as a last resort.’

Filth: A stained and dirty sink at a Plymouth property  rented by McCabe who was found guilty of allowing tenants to live in Dickensian  squalor

Beware of the mice: Mouse droppings in the sink at one  of McCabe’s properties

Rotten: Plymouth Magistrates Court heard how the  bathrooms were dilapidated and the floors rotten

McCabe denied two allegations of failing to  comply with improvement notices from the city council ordering him to carry out  work at the homes.

He also denied 26 counts of failing to comply  with regulations on the homes, which had been converted to bedsits for five or  six tenants.

But magistrates found him guilty on all 28  counts and he was fined £1,000 for each.

Mrs Morris said McCabe had been issued with  improvement notices to repair and refurbish both of the properties.

But she added an inspection in March found 26  breaches of housing regulations.

McCabe dismissed some of the complaints as  ‘petty’, saying officers had enlarged photographs of damage and dirt so they  seemed much larger.

He said he could not be expected to be aware  of ‘minor’ problems unless tenants reported them.

McCabe blamed some of the problems on tenants  doing their own makeshift repairs or deliberately causing damage.

He added he would provide a cooker and a  fridge in their rooms but not always a bed.

A fresh hearing is to be held next month to  hear the council’s application for an ASBO, which is understood to be the first  of its kind in the country.

Cllr Chris Penberthy, the city council’s  cabinet member for Cooperatives and Community Development, said after the case:  ‘We work with landlords and landlords’ representatives and the majority do keep  their properties in good order.

‘They expect us to take action against poor  landlords who undermine their reputation and that of the private rented sector  generally.’

Buy-to-let-it-go-to-rack-and-ruin: Evidence gathered by  Plymouth City Council reveals dangerous electrics and rotten floors at McCabe’s  properties in Plymouth

Not only is having a garden a good use of your roof space, it will turn your roof actual value, real estate that people will see as useful, and a unique asset in the neighborhood. Plus, this project can be done in a city or the suburbs, anywhere with rooftop access.

A simple way to create this space would be to get many flower pots or container gardens. These are easy and straightforward to set up and maintain, and they cheer up the space on the roof to make it more of an inviting asset. Putting some flowerpots on your roof space is already enough to prove that you think of the extra touches when you serve your customers.

To go the extra mile, you can plant a full-on garden up there, which can green up your property. To start, consider safety first. Double-check the weight the roof can hold. Obviously the plants will not be negligible weight, and you won’t want to do any damage with this project. You can replace soil with a planting medium to save on weight, but you will still want to know your limits.

Then, secure everything up there safely. There should be absolutely no chance anything could fall or blow off the roof. No plants, no tools, no nothing should be a hazard.

Now, get a good container. It should protect your actual roof from rogue plants that will want to spread roots, and yet be lightweight. You can get creative with this using anything from recycled tires and boots to kiddie pools to actual containers made for this purpose. Cardboard boxes? Maybe not.

As for ongoing maintenance, just like any other plants, you’ll have to make sure they receive the appropriate amount of water. Whether you pick flowers or vegetables or what have you, check on how much water they need to survive, and make sure they get it either manually or with a programmed watering mechanism.

By:R.Weiss at www.zillow.com

A recent case from 6^th November 2012 shows the absolute importance of adhering to the rules of the tenancy deposit scheme.

The case is the Court of Appeal decision in Ayannuga v Swindells . This landlord involved in the case  had protected the deposit but had not complied with the prescribed information.

The tenant had fallen into arrears of rent and the landlord sued for possession. However the tenant defended and counterclaimed, claiming the penalty under the tenancy deposit regulations as the landlord had not provided all the prescribed information.

The landlord, in response to this, admitted that he had not complied fully with the regulations but said that this wasn’t really necessary as all the information was available on the Internet and the tenant could easily find it out for himself.

The important thing (he said) was the protection of the deposit – which he had done.

The Judge at the first hearing agreed with him, but the Court of Appeal didn’t. They said that the prescribed information was of real importance, as it told tenants how they could seek to recover their money and how they could dispute deductions, without having to go to court.

The landlord was therefore ordered to pay the full penalty of three times the deposit amount to the tenant and pay back the deposit. And no doubt pay costs.

This highlights that when you take a deposit you MUST within 30 days…

• Protect      the deposit, and
• Serve      any leaflet provided by your scheme, and
• Serve      the rest of the prescribed information not covered in the leaflet (in      particular tell them the clause in their tenancy agreement that deals with      deductions from the deposit)

If you don’t serve the prescribed information your tenant can claim the penalty of three times the deposit sum AND the return of the deposit at any time during the next six years and you will have no defense. Also your tenant will have a defense to any claim you may make for possession based on rent arrears – as they can ask the court to offset their penalty award against the rent arrears