Landlords should not be allowed to let their own properties

Landlords should not be allowed to let their own properties

21:50 PM, 17th August 2012, About 12 years ago 55

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Landlords should not be allowed to let their own properties

I’ve recently had a heated exchange of emails with a chap called Mike who’s opinion is that “landlords should not be allowed to let their own properties”. I invited him to produce an article as he set me a challenge and I wanted him to offer his challenge publicly to the readership of Property118. Mike refused on the basis that we are self interest group and went on to say that he doesn’t expect me to agree with him “because you have a vested interest and are biased”.  There’s nothing to stop me writing the article though and summarising the points he made and the gauntlet that he threw down which I refused to pick up unless it was in public forum.

I know Mike is an avid reader of Property118 and even though we had some heated exchanges and several fundamental differences of opinion I will not reveal his identity. He may however, wish to post on this thread – he is a regular poster here under the pseudonym “Industry Observer”.

Mike made some interesting remarks in his emails along the lines of:-

  • You can’t do an MOT on your own car just because you own it
  • You can’t sell pensions unless you are authorised
  • You can’t perform surgery unless you are qualified
So why are landlords allowed to let their own properties?

And to quote Mike word for word ….

“What chance have private Landlords got of getting it right? I don’t blame them but I do think tenants need protecting from it. Housing is just too important in my view.”

And when I pointed out that a landlord takes on a lot more risk when he hands over the keys to his property than a tenant does when he pays his first months rent and deposit Mike said ….

“Depends if the house is safe of course, whether you have had the gas boiler gas safe registered in the last 5 years, will come barging in when me and my missus are in bed (drunk and with a baseball bat in your hand etc etc) and so on. You get the picture? What risk anyway? The Law is on tenant’s side but only short term all cards are in LL hand in long game.”

This is the gauntlet that Mike threw down ….

“You are convinced any private Landlord should retain the right to let their property and manage it themselves with minimal intrusion and interference from outside. Fine – forget you are an expert and socially conscious and legally aware Landlord. You give me 6 good reasons why these other not their fault necessarily but unaware Landlords should be allowed to. If you get past 3 I will be impressed!!”

Below are some extracts from the emails and the points I made to counter Mike’s arguments. Note that I did not take up his challenge, I want the landlord community to do that because I suspect that as landlords we are going to have to deal with a lot more people like Mike in the not too distant future. Politicians and the mainstream press will no doubt encourage it as it makes for good reading and potential vote winning campaigns. As landlords we are considered to be soft targets. We must unite and fight back!

  1. Mike, what’s your definition of a competent letting agent? I’ve walked into several letting agents offices with a national presence which are members of ARLA, NALS, SAFEagent, RICS etc. and I have been greeted by completely incompetent clueless bimbo’s offering advice on lettings to both landlords and tenants. These firms operate in every City and most towns. How would you stop this?
  2. If a licence was no more expensive or difficult to obtain than a TV licence I think that would be fair. Then, when landlords are found guilty of the types of criminal activities you have described below the licence should be revoked. Lesser offences are already punishable by fines, e.g. no gas safety certificate or failure to protect a deposit etc. With regards to lesser offences, licencing of landlords could operate on a three strikes and you are out basis. If it was made illegal for mortgage lenders to lend to unlicensed landlords and for Courts to take possession of any let properties from unlicensed landlords and sell them at auction that would certainly cut out 90%+ of the problems don’t you agree? Trouble is, that’s the concept on which legislation is often first discussed, then the do good numpties in Whitehall start bolting stuff on like exams, compulsory CPD, submissions to regulators etc. and economies go into reverse thereafter very quickly in real terms, viz financial services as a result of the FSA.

So, who wants to be first to take up Mike’s challenge?

You give me 6 good reasons why these other not their fault necessarily but unaware Landlords should be allowed to. If you get past 3 I will be impressed”


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Comments

Ben Reeve-Lewis

9:54 AM, 19th August 2012, About 12 years ago

"I am sick and tired of all Landlords being tarred with the same brush!"
This is a common refrain Barry, one usually levelled at my articles because I deal with the criminals but that isnt what is happening here. I'm sure you are a good landlord, so is Lise and Mark and Mary and HMO Landlady etc. It isnt tarring all landlords to discuss a very real problem. I dont feel I am being tarred with same brush as other human beings when murder is being discussed in the papers.
Mary asked earlier why more isnt being done to take the bad ones off the board. I mentioned staff cuts and resources etc but the other reason is there are simply so many of them. I know this isnt what you want to hear but its the truth.
The vast majority of landlords are decent caring people and there are also thousands who arent. Thugs, bullies and chancers with little regard for their tenant's lives.
My views have chanaged in the past few months. I appreciate that the decent landlords want the criminals out of the way because it makes it bad for all on many levels, not least of which is a liberal bit of brush tarring but despite sympathies I dont see much going on within the landlord community to address the problem so I think licensing should be imposed. And I wholly disagree with the idea that it will drive landlords away from the lettings industry. Its too lucrative an endeavour and people are drawn to landlording because they like it. Some may get out but more will come in and licensing gives enforcement officers the real tools they need to police the sector.

11:26 AM, 19th August 2012, About 12 years ago

I took the decision long ago to put my money into property, rather than have a pension - there were too many fingers in the pension pie!

But how lucrative is property over a pension? You pay tax on both, but you get tax relief against your contributions to a pension. When your pension matures you just sit back and reap the benefits -with property there are always the questions of management and maintenance. You hope your property will increase in value, but there are very few areas where that is currently happening. Some would say "You can always increase the rent!", but how much can you increase the rent in any one year without driving the Tenant out? Lucrative? I don't think so - with mortgages, management and maintenance I'll be lucky to get 4-5% return on my original investment at current rates (although I agree a "bad Landlord" could probably get that up to 9-10% - that's lucrative!), and that is without consideration for the time I put into the business!

I have a property standing next to a property that belongs to a well-known "exempt charity" Housing Association. The Housing Association property is delapidated, has rotting soffits and eaves, they do not bother their Tenant with inspections - in fact, they give their Tenant a free hand to do as they please! I thought the Tenant owned the property - it was only when there was dispute about the state of the property that I researched and found the involvement of the Housing Association! Apparently, even respectable "exempt charity" Housing Associations can be bad Landlords!

So why do I do it? I don't know, but it gives me something to do in retirement! I'll leave that question to my daughters when they inherit the business!

12:17 PM, 19th August 2012, About 12 years ago

I believe there should be a nationally recognised Code of Practice against which ALL Landlords should operate - not just the private Landlords, but also the large so-called "charity" Landlords.

I have seen attempts at preparing a CoP, but they have usually been prepared by Landlords' Associations - who are usually no better than Agencies with the advice they provide! I was recently presented with a Deed of Guarantor form from a National Landlords' Association, that I was told was the "cat's whiskers". However, it started off with the clause "In consideration of payment of one penny ...... " - was it a Contract or a Deed? It had a "cover-all" clause, but did not mention the changes necessary when there was a change in the Letting Agreement. There was the usual "gobble-de-gook" that should have been written in plain English, and finally there was an "exclusion clause", denying any liability to all who use the Form. That is not the sort of advice I want from a Landlords' Association!

A nationally recognised Code of Practice will provide a standard against which all will stand up and be counted, and to which all "good" Landlords will subcribe.

The problem is - who do we trust to prepare it?

12:36 PM, 19th August 2012, About 12 years ago

We all know there are bad Landlords out there - big and indifferent, and small and calculating!

How would a Code of Practice work?

Eventually it would provide the basis for the registration of all Landlords - comply or be struck off! Only registered members would be allowed to call themselves "Landlord", all others would be delegated to the title "Property Owner". Perhaps, eventually, the name "Landlord" could have the same protection as Architects, Surveyors, and Engineers!

Only the Government could provide such authority, but the Government are notoriously slow at getting anything done! However, they could initiate a body to act on their behalf, representing Landlords and Tenants. Perhaps the resulting body called be called a "Landlords AND Tenants Association".

Membership of the Association would confer certain legal responsibilities on the Landlord, but conversely there would be some legal protection from prosecution.

The Association would prepare legal documentation, for which it would responsible - no more exclusion clauses!

Similar registration and documentation could be prepared for Tenants, providing a database of Tenants.

Perhaps this could be a beginning to satisfy Mr "Industry Observer"!

Any takers?

Ben Reeve-Lewis

13:38 PM, 19th August 2012, About 12 years ago

I'm with you there Barry, who do we trust indeed?
And I also agree that social landlords dont always run a tight ship either. Many fall short of the decent homes standards they should be complying with, but I suspect that has much to do with cuts too.
I dont know if you know this but some social landlords have gone down this government suggested line of paying tenants to do their own repairs, on the basis that it is cheaper than sustaining maintenace contracts. Again this isnt a council inspired idea but a goverrnment one. Arguments have been raised about safety and quality of work but all government are interested in is cuts.
To get a good solid system in place would require the concerned parries to sit around a table. Landlord accreditation bodies all have their own sub-agenda's, vying to be the accreditation body of choice, councils cant see past their own noses because they are trapped in a 1950s 'Yes Minister' mindset that they cant seem to shake off and tenants groups have no organised voice so I am not hopeful.
This is in part why I support licensing. Criminal landlrods are a massive problem but current legislation doesnt help enforcement officer like me to get them out of the way. Give us licensing and we will be able to clear them out and leave the good guys in operation

15:25 PM, 19th August 2012, About 12 years ago

Perhaps "The National Landlords and Tenants Registration Council" or "The National Register of Landlords and Tenants" would be a good starting place!

17:06 PM, 19th August 2012, About 12 years ago

Hi Ben - we seem to be singing from the same song-sheet, but for different reasons!

Where are you based? Forums are okay, but they can only be used to discuss matters of principle - perhaps we can get together for a meeting to discuss points of common interest.

Jonathan Clarke

17:52 PM, 19th August 2012, About 12 years ago

Ive come late to this and confess
have not read all the posts word for word. My view......
I am a self managing landlord. I also view myself as
an agent in all but name . I am my own agent. We are one and the same really.
I could set myself up as a company and give myself a neat cool name and manage
my properties under that name. But its just a name. Whats behind the name is
more important

My day to day managing skills would not change with a
brand name. My qualifications would not change. My enthusiasm, my integrity ,
my experience, my knowledge base and my ability to do a good job ( or bad)
would remain the same. I`m not the best landlord or agent in the world and I
know for sure I am not the worse. Its a bit of an arbitrary test. Some skills
come easy to me and I`m the bees knees at. If I compared certain
skills I have against some agents even the good agents
I would still beat them hands down i reckon. If I went for a job in an agency I
believe i would get that job. I have far better interpersonal skills than many
of the agents I interviewed for the job of managing my properties. It was
embarrassing on occasions to see how so many fell short in that area. And
renting properties is a peoples business. Its all about human interaction.

I interviewed about 8 before i hit gold. Certain
skills I`m rubbish at though and an agent may beat me hands down. My technical
skills for example. I kinda know what needs to be done but I push it to the
back of my mind and take for ever to do it. Not the legal stuff so much ( but
having said that I bet no one would get 100% in the exam whether they are self
managing or a bespoke agency). Its more the technical day to day stuff. The
spreadsheets the computations the rent collection the programme of works. I can
do it but its hassle and many could do it better I`m sure. Of course i know the
gas certificate is important and legal and that gets done but its more to do
with the organising of it. Some agents are very good at
systems

So whats the answer. Regulation , Training, Education
,Raising Awareness, Ombudsman ,Carrot and Stick Approach, Fines, Spot Checks,
Reward System, Face to Face Interviews, Name and Shame, Written Tests, Yearly
MOT , Trust , Complaint System. I dont know to be
honest.

I`m open to suggestions. I`m would be happy from time
to time of having access to some guidance and support and encouragement from the
authorities. Some balances and checks. Ive built up a sizeable business
from scratch. Someone should poke their nose in and check all is ok I guess.
A man in a grey suit to come out with me and shadow me for a day would
hold no fears. I would maybe get 10 out of 10 for some bits and 4 out of 10 for
other bits. If there was 10 questions covering a range of expectations and i
scored 85 out of a 100 i could work on the 15 points where i came
up short. If the results were published and i saw 8 out of 10 recognised
branded agents in town got only 50 out of 100 I could puff my
chest out in pride and say i told you so I knew I was good If they
all scored 95% + then i would go very quiet and eat humble pie and go back to
the drawing board.
A supportive approach to bring standards up
i am all for as opposed to a controlling
oppressive regulatory approach with a - do this or we will shut you down type
attitude.

A branded agent with letters after their name and
pretty pot plants in high street premises is only as good as the
people who work within. All that glitters is not gold
Some Agents will be great but some will be a
superficial glossy book cover with no worthwhile content within

Some Landlords will be great but some will be a
superficial glossy book cover with no worthwhile
content within.
As a self managing landlord with 12 years hands on
experience I hope my book has worthwhile content
within. I like to think I`m a good read. Others including my tenants will judge though.

Ben Reeve-Lewis

18:31 PM, 19th August 2012, About 12 years ago

“Any takers?” Yeah me Barry haha

What I want is minimal property standards in terms of safety
and decency ( I see some dreadful places)

I want landlords trained to a minimum standard, not lawyer
stuff just enough for them to understand the do’s and donts.

I want tenants trained to understand their obligations.

I want standard enforcement legislation lifted and replaced
with licensing on a 3 strikes and out rule like Mark suggests.

I want councils to change their role and be mediators and
supporters of landlords

9:49 AM, 20th August 2012, About 12 years ago

Another interesting article, some valid points from both sides

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