Andy Loveday

Registered with Property118.com
Thursday 8th August 2013


Latest Comments

Total Number of Property118 Comments: 14

Andy Loveday

21:33 PM, 3rd March 2016
About 3 years ago

Andy Loveday

20:40 PM, 20th February 2016
About 3 years ago

Open Letter To Grant Shapps and the BBC - Clause 24

Reply to the comment left by "Rachel Hodge" at "20/02/2016 - 20:33":

Rachel,

We are clearly on the same page.... Read More

Andy Loveday

19:48 PM, 20th February 2016
About 3 years ago

Open Letter To Grant Shapps and the BBC - Clause 24

Great letter Rachel,

I plan to use elements of the letter in my engagement with the prospective MSP's in the up and coming elections in Scotland.

More specifically I have posted the following on social media:

Don’t Vote for Crisis.

Private Rental Sector reforms and property taxes have been some of the key areas of UK Government and Scottish Government intervention and debate in the period since the General Election last year.

Both have prompted a significant amount of noise.

That noise is increasing in volume… like an intro to an AC/DC concert!!

The ongoing challenge to Clause 24, announced by George Osborne in the 2015 Summer Budget, in particular, has galvanized investors in the Private Rental Sector to find voice and served to send a clear signal to the Chancellor that all is not well and, more importantly, fair.

That noise is, as I write, gathering momentum.

There is, however, a greater noise… and a noise that is even more deafening by its absence. That noise is Housing Provision.

Today, there is a clear need to build the new homes that ordinary families will be able to afford to buy and social rented homes that those in social housing need seek to rent.

The Private Rental Sector is not, and should not, in my view, be a fix for that same challenge. The Private Rental Sector simply provides an alternative, and necessary provision, for individuals that choose to benefit from that same provision.

The housing crisis, and it is a crisis, is going to be difficult to tackle. It will take time, money and, more importantly, political will.

The starting point, in my view, is political will.

May 2016 is a key date in our diary. The Scottish Elections.

Crime, education, immigration, the economy, and, more recently, Independence have found a greater voice and taken centre stage, both at the point of the elections, and in the period since the last elections in 2011.

Housing Provision, however, is in a different place, both in supply, and electorally, to where it was in 2011.

It’s now time for Housing Provision to find its voice.

That voice can, and will, only come from your voice.

Whilst acknowledging that improvements in both the Private Rental Sector and Social Housing are both desirable and necessary… we must not lose sight of the fact that Housing Provision remains the underlying factor in our determination, as an electorate, to secure greater home ownership and greater social provision.

Your vote in the May Election in Scotland is a key start point.

Clearly, as outlined above, there are many factors to consider in casting your vote in May….. That said, in my view, a vote without due consideration to the increasing, and alarming lack of Housing Provision, is a vote for crisis.

Don’t vote for crisis… vote for Housing Provision.

Time to find your voice?

Over the next few weeks, I will attempt to seek clarification on the determination of each Party to address the issue of Housing Provision.

I will keep you updated.

Together, we can make more noise than AC/DC!!... Read More

Andy Loveday

12:13 PM, 20th February 2016
About 3 years ago

Summer Budget 2015 - Landlords Reactions

Reply to the comment left by "Chris Byways" at "20/02/2016 - 08:29":

Hi Chris,

That's an impressive piece of software that they are using.

Like you, I do think that an "enterprising" nocturnal intruder may find it useful. Could give a whole new meaning to "shopping" online.... Read More

Andy Loveday

12:00 PM, 20th February 2016
About 3 years ago

Use of periodic tenancies in Scotland?

Hi Jon,

I’m going to try and keep this simple. I’ll outline the current process and then add my view on the potential changes on the horizon in Scotland.

In Scotland, at this point in time, the minimum period of let on the tenancy agreement must be 6 months although it can be longer than this.

You must give the tenant a notice AT5 (required by law) before the tenancy agreement is signed stating that the tenancy being offered is a SAT.

Prior Notification of Grounds for Possession, is another legal notice that should be issued prior to the tenancy agreement being signed.
This is required if you then seek possession under grounds 1-5 from the Housing (Scotland) Act 1988. The most common ground is that the property was previously your home and you may wish to live in it again in the future.

In addition, you are required by law to tell your tenant about The Repairing Standard and their rights at the start of the tenancy. The Repairing Standard was introduced by the Housing (Scotland) Act 2006. This is now communicated to the tenant via a tenant information pack (TIP).

The tenancy will not automatically end when it reaches the end date (this is known as the “ish date”) on the agreement. It will renew automatically unless you take steps to formally end the tenancy by giving notice in the correct form and within the correct timescales.

Depending on the lease agreement you use, if you fail to do this it will renew for the same period as the original lease and under the same conditions as laid out in the original agreement i.e. the landlord and tenant will continue to have the same rights and obligations.

However, (Emsal Ahmet) most SAT agreements contain a clause that stipulates that if the agreement is not brought to an end by either party on the end date then the agreement will continue on a monthly basis.

That’s the current process.

I’ll now attempt to pick up and outline my view (with a little help from Heather Munro) on the other elements highlighted in the previous comments.

The Scottish rate of Income Tax (Puzzler) will apply from 6 April 2016.
There is no overall change to the Income Tax rate you pay – whether you pay the basic, higher or additional rates. However, some of the Income Tax collected (10%) under the Scottish rate will fund the Scottish government, and the rest will fund the UK government.

Please note, you’ll only pay the Scottish rate of Income Tax if you live in Scotland.

The Private Housing (Tenancies) (Scotland) Bill (Mike W) was introduced to the Scottish Parliament on 7 October 2015. The Bill is the product of a Government review of the private rented sector in Scotland.

The main recommendation of the Review Group was to replace short assured tenancies (SATs) and assured tenancies (ATs) with a single type of tenancy, the ‘private residential tenancy’ (PRT).

The PRT will give tenants security of tenure whilst they pay the rent and behave. Rent increases will be subject to statutory oversight and landlords will have to prove they have a statutory ‘eviction ground’ to recover their property.

There will be new procedural rules and time limits for Landlord and Tenant alike should they want to end the lease. Landlords must issue notice founded on an ‘eviction ground’ set out in Schedule 3. The grounds fall under two main categories: where the let property is required for another purpose, such as the landlord wishes to sell or refurbish the property; and grounds relating to the tenant’s conduct, such as breach of the lease, or 3 months arrears of rent at the date of the notice. There is some overlap with the existing grounds for repossession (under the Housing (Scotland) Act 1988) and the Bill also introduces new grounds.

As the draft Bill currently stands, when the law comes into force it will affect all future tenancies, but existing SATs will be allowed to run their course. The Bill is likely to become law this year.

The view expressed (Puzzler) about the added protection for tenants in Scotland is in, my view, accurate. As a start, there are no tenant fees.

It is against the law, in Scotland, for a landlord - or a letting agent acting on their behalf - to charge or receive any premium or require the making of any loan as a condition of granting, renewing or continuing a tenancy. The landlord or their letting agent may charge only rent and a refundable deposit of two months' rent at the most.

The meaning of 'premium' includes any fine or other sum and what the law calls any other 'pecuniary consideration' (e.g. money that has to be paid in the present or in the future). It includes a service or administration fee or charge.

The Private Housing (Tenancies) (Scotland) Bill, as proposed, will, in my view, provide a further level of protection for the tenant.

As indicated (Puzzler) all private landlords that let property in Scotland must register with their local authority to ensure that they are a "fit and proper person" to let property. It is an offence to let any house without being registered. The maximum fine for operating as an unregistered landlord is £50,000.

The Landlord Registration scheme has a number of aims.

First, it enforces minimum standards in private renting and provides local authorities the ability to remove the worst landlords from the sector amongst other enforcement measures.

Second, it enables tenants and neighbours to identify and contact landlords of private rented property.

Third, it provides information on the private rented sector in Scotland allowing local authorities to engage more effectively with landlords and tenants.

In Scotland, solicitors can also act as estate agents (Puzzler) as well as carrying out Conveyancing. Not all solicitors act as estate agents and not all estate agents are solicitors. Where solicitors do act as estate agents they are often (but not always) part of a Solicitors Property Centre (SPC).

There you are…. Done…. It’s that simple!!

If you are looking for an agent (lettings) in Scotland, let me know where your properties are located and I will look to see if there is someone that I could recommend.

I hope that helps.... Read More