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BEWARE: Rent arrears are rising

The piercing effect of rising unemployment and increasing living costs is taking its toll on the rental sector.

A report released this week from Templeton LPA finds that severe cases of rent arrears are up by 13%. This is similar to our own statistics, which shows that instructions against tenants in severe rent arrears are up by 11%, year on year.

However, this seems at odds with the figures from Buy-to-Let mortgage lenders which suggest mortgage arrears are down by 12%.

There could be a number of reasons for this. Either the full effects are yet to be felt, or, landlords may be taking action against non-paying tenants a lot quicker than they were this time last year. In reality, it is likely to be a mix of the two.

For landlords, the message is clear. First, ensure that you properly reference your tenant in advance to whittle out risky tenants. Many novice landlords make the fatal mistake of skipping this step.

Second, if your tenant does fall into difficulty with paying their rent, take action quickly. Establish a repayment plan for the arrears that is fair and achievable for the tenant. Failing this, landlords should consider eviction proceedings.

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Squatting to be criminalised… finally!

Squatting Petition

Handing over our petition to criminalise squatting

Regular readers will be aware of our campaign to criminalise squatting. In April, we presented our initial petition to 10 Downing Street calling for squatting to be criminalised.

Yesterday, the campaign took a big step forward, with the government committing to criminalise squatting as part of the new Justice Bill. It is great that everyone is now talking about squatting and seeing how it affects property owners. However, there is still a very long way to go.

Before any plans to fully criminalise squatting become an act of law, there will be consultations to discuss ideas about how squatting should be criminalised. Often, brazen proposals go through an undressing in these stages to try and get to a regime that stakeholders are satisfied with.

It is for this reason that it is so important to keep the pressure on decision makers in Westminster to ensure that squatting is criminalised in a way that is satisfactory to property owners – the ones who are the victims of squatting.

We don’t want any ridiculous law that overly burdens homeowners with red tape and administration when trying to get rid of squatters. What we do want is an efficient regime for law enforcement to evict squatters quickly and at minimal cost.

That is why we are keeping our Criminalise Squatting petition open until squatting is officially a criminal offence. If you have not signed the petition yet, please do so. And, encourage others to as well.

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SQUATTING: Campaign Update

The campaign to criminalise squatting has been gaining momentum.

Many landlords have signed the petition (although we still need more support). But, there have been encouraging signs.

An initial debate took place in Parliament on Wednesday (where our campaigning efforts were also mentioned). The Government are now considering full criminalisation of squatting and looking at ways to tackle the issues that are associated with it.

Of course, any proposals will go to a Public Consultation where their impact will be assessed. But, it is still an encouraging sign. It shows us that public pressure is working and decision makers in Westminster are paying attention.

There is still a long way to go. These changes will not happen overnight. It is paramount that we all continue in our endeavours to ensure that squatting is criminalised.

However, we still need more people to get behind our campaign. We will be presenting the petition to Downing Street next week. Please sign the petition here and spread the word.

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Campaign to Criminalise Squatting

We are calling on all homeowners to support a campaign to criminalise squatting.  An MP, Mr Mike Weatherley, has started a motion to make this happen.

You can help by supporting this campaign.

The background

Squatting is considered to be a civil matter. A squatter has only committed a criminal offence if they have broken into a property, or, caused any damage.

For homeowners, regaining possession of their property from squatters can be both expensive and stressful. Typically, it takes a couple of months to evict them properly.

Essentially, squatters consume services that they have not paid for. We feel that this is a violation of homeowner rights and feel that all types of squatting should be made a criminal offence.

Recently, we have seen examples of squatters banding together to find empty properties to squat in. The level of organisation that they now use to target properties is shocking. In one example, squatters made a Freedom of Information request to find out which Council properties were unoccupied.

This abuse must stop.

1. Support the campaign

Sign the petition, here
The petition will be presented to Downing Street on the 4th April 2011.

2. Write to your MP

Use the template below to write to your local MP, asking them to support the campaign. You can find out who your MP is and send them an email here.

—————————————————–
Dear [MP Name]

Please support Early Day Motion 1545, sponsored by Mike Weatherley MP (Hove & Portslade) and other MPs, to criminalise squatting.

http://www.parliament.uk/edm/2010-11/1545

Yours sincerely,

[Your full name]
—————————————————–

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Lock, Stock and 12 Smoking Squatters

Guy Richie is always laughing at London villains. Now, one group are laughing at him. OK, they’re not actually villains, they’re squatters. A group of 12, calling themselves Really Free School, have moved into one of Mr Richie’s £6m properties.

Squatters: Strike, resist, occupy

Squatters: Strike, resist, occupy

These groups of squatters are increasingly becoming aware of the law. This displayed a letter in the window which warned that anyone who tried to remove them would be prosecuted.

We advise Mr Richie to issue eviction proceedings immediately. The process could take a couple of months, so it is important for him to act right now. At the same time he should try negotiating with the squatters. However, if not handled correctly, negotiations can backfire. So always use a professional to do it for you.

We have warned so many times: Squatters will target absolutely anyone with an empty property. They are getting more organised now and they’re using the power of social-media to operate.

If work is being carried out on the property, or if voids are expected, owners need to ensure that the property is secure. For prime properties like this, a security firm should be used during the refurb.

And if you do get into trouble, always contact us fast. Acting fast can save you thousands.

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The Good Landlord’s New Year’s Resolutions One to Three

1. I Will Keep My Records in Order
Important for filing taxes, maintaining good credit control and staying on top of a property portfolio. Detailed information about: rental income; expenses, and capital costs. Up-to-date records of tenant’s details (e.g. passport, drivers license; national insurance number, next of kin details, forwarding addresses etc) – all vital in the event that the tenant absconds.

2. I Will Review My Letting Agent
We have seen an increase in the number of landlords complaining against letting agents (who don’t pass over rent, don’t give any good advice, etc). Simply moaning to friends doesn’t help. It is fairly simple to move agent if they are not keeping to their side of the service agreement.  A good letting/management agent is valuable. We receive very few complains against agents who are accredited recognised association such as ARLA, NALS or The Property Ombudsman (preferably, all three).

3. I Will Control My Cash Flow
On the day rent is due check on the bank account to ensure it has been paid. If not, contact the tenant immediately. Is a tenant always late with paying? Do they always have a sob story? It is quite clichéd, but it is only through constant communication with tenants that cash flow is ensured. If, after a fair chance to pay, a tenant is still going bad, eviction must be quick to get the property rented out again.

GOLDEN RESOLUTION
I will get the free Landlord Action guide. It has tips on all the above, and more. I know it’s the best thing I could hope for in 2011 and as it’s free I will download it right now from this link

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The day we nabbed the Housing Minister

The Chamber, by The RT Hon Grant Shapps MP

The Housing Minister, Grant Shapps MP, did a sketch that was auctioned in aid of the Willow Foundation.

We bought it because it’s for an excellent cause and because it’s a great piece of contemporary British art. We only hope it doesn’t encourage the talented minister to quit his day job. No more messing about in the studio when all our landlords need him on the case.

Lots of other celebs have drawn on their artistic skills in aid of the charity. The result was a fun and enlightening exhibition at the Catto Gallery in North London.

www.willowfoundation.org.uk

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Landlord Action win top award… Again

Winner. Paul Shamplina collects the Legal Services award


Last night, we won the top award for Legal Services at the Landlord & Letting Awards 2010. This is the second consecutive year where we have taken home this award.

We are absolutely thrilled to once again be the winner of the Legal Services Award at such a key industry event. This accolade really is testament to the hard work and commitment put in by everyone at Landlord Action over the last year.

We are passionate about the rights of landlords’ and the service we provide so being recognised for this is great encouragement to continue in our endeavours to support the private rented sector.

I am very proud of the Landlord Action team.

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Downing Street

Paul Shamplina, presenting the Landlord petition to Downing St. Picture: Alan Ward (RLA), Mike Weatherley MP, Paul Shamplina

Yesterday, we presented our Rebalancing The Law petition to Downing Street along with Mike Weatherley MP and Alan Ward, Chairman of the Residential Landlords Association.

Approximately 5,000 landlords have backed our campaign. Not only that but many key organisations within the private rented sector have also shown their support.

We now await an official response. Of course, we will keep you all up to date.

I’d like to personally thank all of the landlords and organisations who have supported the campaign so far. There is still a long way to go. However, if we can get the right people talking about the issues and seeing the situation from the landlord’s perspective, we will be making moves in the right direction.

As landlords, we are stronger together.

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Deposit Protection Case

A key ruling that affects landlords:

The Court of Appeal has ruled that as long as landlords have registered their deposit into one of the deposit protection schemes (and provided the “prescribed information”) any time before a Court hears the case, the landlord will avoid the penalty – currently three times the deposit amount.

Clearly, this is good news for landlords. Landlord Action has seen many cases where a tenant has defended Court action because the landlord failed to put the deposit in a Government backed scheme. This ruling will minimise the incidence of these types of defences.

However, I still believe that it is good practice to always put the deposit into the scheme at the beginning of the tenancy. I will certainly be encouraging all of my landlords to do so – it is part of being a good landlord.

The scheme was designed to protect both landlords and tenants. It will only do that properly if deposits are placed in the scheme as early as possible.

So, although landlords have come out on top in this case, it is still the law to have the deposits protected (with Assured Shorthold Tenancies). Do not forget that key point…

Best,
Paul

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Let’s Get Social

Finally, I have managed to get onto Twitter. You will have to bear with me whilst I get used to it all. This is fairly new to me.

The great thing is that, now landlords and property people have another way to stay in touch with Landlord Action and myself.

You can follow us at:
@LandlordAction
@PaulShamplina

Don’t worry, if you are more of a Facebook person, you can see our page here.

So, you can now fire all of your property questions and problems to me using social media.
:)

Best,
Paul

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