Landlord & Buy-to-Let Magazine | Page 32

For latest show news visit www.landlordshow.info feature ask tom ... Resident Agony Uncle, Tom Entwistle, answers readers’ questions. Tom Entwistle is Editor of LandlordZONE® and an experienced landlord of residential and commercial property. Q I have just discovered that my rental property in Liverpool may be subject to licensing and I have been told that I should be paying a fee to the council. I have just the one property in Aigburth which I rented to a friend and it’s the first I’ve heard of this. So do you think I need a licence, and if so what’s involved? The Housing Act 2004 provided for licensing of private landlords in a local housing authority’s area. Initially, councils introduced mandatory and discretionary licensing for rental properties at highest risk, which are houses in multiple occupation (HMOs). The schemes enabled councils to focus on those properties for safety issues, raising management standards with the intention of driving out rogue landlords, so far with mixed results. Another category known as selective licensing was included in the Act, intended to address ‘the impact of poorquality private landlords and anti-social tenants’. It was primarily developed with the need to tackle problems in areas of low housing demand – though the Act also allows for selective licensing ‘in some other circumstances’, a provision some councils such as Liverpool have taken advantage of, and implemented city- or borough-wide schemes. The upshot is that licensing was introduced for every rental property in Liverpool from 1st April 2015, which means a £400 fee payable for each rental unit. Despite the fact that landlords receive a 50% discount if they become accredited by the council accreditation scheme, or use an accredited letting agent to manage, with 50,000 properties involved the potential income for Liverpool City Council is said to be in the region of £20m. It’s really no wonder Newham and other councils throughout the country were keen to introduce city- or boroughwide licensing, but at the end of March the Secretary of State for Housing, Brandon Lewis, said that no councils would be allowed to introduce city-wide or borough-wide schemes without first applying to him at DCLG. Unfortunately, for all landlords in Liverpool, their selective licensing scheme was introduced (as was the Newham scheme and others against Government guidelines) before Brandon Lewis stepped in. In an area subject to a selective licensing scheme, all private landlords must obtain a licence and if they fail to do so, or fail to achieve acceptable management standards, the authority can take enforcement action. They can prosecute landlords and saddle them with a criminal record, resulting in a fine of up to £20,000, or in some cases, take control of the property. The London Borough of Newham introduced their borough-wide scheme in January 2013 and since then a number of authorities have followed suit. Many landlords and landlord associations have fought the implementation of these boroughwide schemes ‘tooth and nail’ but in most cases to no avail, even after pointing out the added cost burden of licensing. This, added to mortgage payments (now affected by budget tax implications), insurance, maintenance and agent’s fees, plus the extra work involved in compliance with the new regulations, means many landlords will be in a loss-making situation. The danger is that small-scale landlords like yourself are often in the dark about these schemes; councils are bad at communicating with landlords because, frankly, they don’t know how many they have – but uninformed ‘amateur’ landlords are still subject to the full force of the law. Despite the fact that councils tend to deal leniently with those landlords they see as non-professional, such as yourself, and in the case of safety issues they will usually give plenty of warning to bring a property up to scratch, having no licence ultimately means you are subject to prosecution and a fine, plus a criminal record, which in some cases might affect an outside career in employment. It seems unfair that landlords that let perfectly safe and well-maintained properties, plus carefully comply with all the letting regulations, and may even be part of an accreditation scheme, are then subjected to a licence fee simply because their property is in a city or borough where the council has decided to introduce licensing. There is no doubt that councils are up against it with rogue landlords; it takes countless staff-hours to build a case, endless time to get them into court, and the often paltry fines handed out are no deterrent. But licensing adds little to existing laws, many councils have been given extra funding from central Government to help, and some councils like Manchester have concluded that licensing is not helping with their landlord relations, and it’s more cost-effective to tackle the rogues by other means. My advice, if you have not already done so, is to apply for a licence now and enquire about the council’s landlord accreditation scheme so you can get the discount. It might seem over the top for a single letting for your friend, but I’m afraid there’s no other way. If you have a question for Tom, please email [email protected]. 30 Landlord & Buy-to-Let Issue 61 • September 2015