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Section 21 Notices….

113 replies

CuriouslyDifferent · 09/05/2023 14:31

Saw on the bbc today that a landlord has had to fight the tenant for two years to get their property back.

Obviously an extreme case - but surely all this is going to do is discourage potential landlords from renting out a property.

When renting I always knew that one day I’d be asked to leave and yep it happened and agreed when and sorted out a new pad.

i do understand that buying is not always an option for many reasons and some people will always rent, as i always have.

But surely a landlord has a right to decide they no longer wish to rent out a property and possibly put it on the market empty.

And I know there are abuses which I’ve never suffered - a complaint causing a s31 isn’t fair - and if it goes on the market afterwards in same state for a price increase is an abuse. In my opinion.

But surely the sort of hate we are seeing against landlords who actually fill a very necessary need - shouldn’t have to go through anything more than a few months whilst a tenant moves on. It’s ultimately going to discourage a section of landlords.

I know myself, when I discuss investment options, I’d steer very clear of property as an investment. It’s potentially just to much grief.

OP posts:
justasking111 · 18/05/2023 19:23

OnTheHamsterWheelOfDoom · 18/05/2023 10:40

Rent Smart Wales - who run the compulsory landlord licencing in Wales - have courses.

Naturally there is much whining from landlords.

I can't think of a single other industry which whines so loudly about having to follow the law, or laws designed to keep their customers safe.

Imagine if cafés were whining that their kitchen staff have to take food hygiene courses, the local authority inspects for hygiene, and they have to fix the leaking roof promptly. Even when Natasha's Law came in (compulsory full ingredient labelling for prepacked food made on site), and it did add a lot of cost in terms of time devising the labels and cost of printing each label - there wasn't any whining because people could see it was the right thing to do.

Many landlords seem to think they should be exempt from legislation that keeps their customers safe. A law unto themselves indeed.

You don't have to take the rent smart Wales course if an agent handles the property. Now they give you less slack than an amateur landlord. Short term contracts, annual rises. So it's swings and roundabouts

jackstini · 18/05/2023 19:29

Not saying all our funds are tied up in property; they are not - that would be very unwise. They are spread over ISAs, savings, shares, premium bonds etc.

Also am not saying people should feel sorry for those owning properties (only reason we do is being made redundant 3 times gave us a deposit as parents divorced - meant 2 houses were needed and they couldn't afford it)

Just stating a fact that governments change goal posts which people have based their life-plan decisions on.
Not just this specific example - they are buggers for it in lots of areas affecting lots of people!

Another example is replacing DLA with PIP. Even if there was originally a lifetime award for DLA they can take it away

Ginmonkeyagain · 19/05/2023 09:46

Well things change, unlike a lot of othe repnsion investmens the way you mange this investment has an immediate and material impact on people's lives. You are not just investing your pension, you are providing a life essential service to people - ie a roof over their heads. Therefore it is perfectly legitimate for governments to intervene if they think that the service provided is not meeting the needs of the people who are buying that service from you.

jackstini · 19/05/2023 16:03

The government removing CGT for landlords has no effect or impact on the quality of service a landlord is or isn't providing

Except to put them off being a landlord and therefore reducing the number of rental properties available - which makes it worse for tenants!

I have no issue with the regulations on safety, electricals, gas, tenancy agreements etc.

neilyoungismyhero · 19/05/2023 16:11

C4tastrophe · 10/05/2023 06:29

Are there any landlords out there who actually charge full market rent? Or are they all benevolent?

We were LLs once. We didn't increase the rent during the first recession for 1 tenant as we felt they were good honest people. Another tenant advised they could no longer afford the rent and asked for a reduced rate to help them out. When things improved for them which I presume they did, they didn't advise us nor offer to go back to the original rent..we didn't put the rent back up either..stupidly...so yes we were stupidly benevolent.

TheLegenOf · 19/05/2023 21:52

Twiglets1 · 18/05/2023 18:33

I doubt many people will feel too sorry for someone having 6 houses to sell having to pay more tax.
There are people with way worse problems to contend with than that. And you must have been aware that the Conservative government is not exactly popular so if they didn’t make the changes, I’m sure Labour would have when they win the next election.

It's not a question of empathy.
People need housing and right now, private LL's are the biggest providers. Making them sell up only reduces supply and drives rents up even higher, which is EXACTLY what's happening now.

The 'absentee' LL's (where houses are owned as parts of investment portfolios etc) are the worst, not individual owners IME.

Of course, the only real solution is for the government to provide quality social housing. But they don't want to do this and are happy to just blame LL's.

While Shelter has done a lot of good work it's extremely short-sighted of them to pile on to LL's.

TheLegenOf · 19/05/2023 21:54

Parker231 · 17/05/2023 15:14

@Xenia - pets don’t always trash a property. What problems have you had?

We have always agreed to pets when we let with clauses about any damage being put right. In 20 years of letting the only pet damage we have had was to a fence in the garden which the tenants replaced immediately. Including pets in a tenant property is no more risk than your own pets at home

I thought the problem with pets was the dander!
It can be very hard to get rid of. And if your next tenant happens to be allergic the costs to fully remove it can run into thousands. An ordinary deep clean might not do.

Twiglets1 · 20/05/2023 04:22

TheLegenOf · 19/05/2023 21:52

It's not a question of empathy.
People need housing and right now, private LL's are the biggest providers. Making them sell up only reduces supply and drives rents up even higher, which is EXACTLY what's happening now.

The 'absentee' LL's (where houses are owned as parts of investment portfolios etc) are the worst, not individual owners IME.

Of course, the only real solution is for the government to provide quality social housing. But they don't want to do this and are happy to just blame LL's.

While Shelter has done a lot of good work it's extremely short-sighted of them to pile on to LL's.

I was responding to a person talking about the government changes affecting their own retirement plans. They made a personal point which I was responding to. The changes to policy have been talked about for a long time hence many LLs getting out of the game by now.
If I was basing my retirement plans on a property portfolio I would have been selling off my properties since last year (or earlier if the writing was on the wall earlier?) & investing the money elsewhere. That they still have 6 left shows a certain reluctance to accept reality.
I agree that the changes are causing problems on a societal level but on a personal level, no I don’t feel sorry for people renting out multiple properties making less profit from them now or having to make alternative retirement plans.

Xenia · 20/05/2023 11:58

It is as it is. The changes are absolutel vast ( we had two buy to "lose" flats in the 1980s which we managed just as well as now but without the myriad of new laws so I can certainly do a contrast) and as said above the changes have been coming so thick and fast in many areas there is nothing to let. As I said above that is fine - if the state choose to make landlords not want to let then it must lie in the bed it made of homelessness and no properties. I have never seen anything like the last letting of myk son's house - 13 couples over one weekend - yes it is a gorgeous little house of ÂŁ1100 a month (with a very responsive good landlord) but the real reason is there is nothing else around to rent.

I just went online to check that area this morning - there is a ÂŁ1300 and a ÂŁ1600 to let if you search for a small house there, terraced. That's it. two only. In the past tere were many. That may well be that many first time buyers have bought what was previously let and that that was the state's aim in which case that may be no problem. It is simply market forces - if the state interferes to make letting not possible or not cost effective they won't be let. If one of the two almost identical houses my son's have which is D rating (other is C) is next empty and the state prohibits letting then it will have to be sold.

Ginmonkeyagain · 20/05/2023 12:04

Landlords selling does not reduce supply of housing as presumably the person buying that property is either going to live in it themselves or rent it out. What it can do, if enough landlords sell up in an area is reduce supply of housing of a particular tenure.

jackstini · 20/05/2023 20:46

@Twiglets1 - no issues with accepting reality; well aware of the issues and have been selling them off since 2020

However - you only get 1 CGT allowance a year, so only been selling 1 property a year. If I sell more than 1 a year, I get no allowance against the 2nd, 3rd etc

They are not our sole retirement plan, but the government's changes have made a difference to us which will result in a number of houses being taken out of the rental market

rainingsnoring · 20/05/2023 22:24

jackstini · 18/05/2023 17:54

@C4tastrophe - yes, but it's an example of them changing the goalposts

Say if someone (in good faith) based their retirement plan on being able to sell their 6 houses at 1 per year as they are going into pension age, in order to include the annual CGT allowance
Then that allowance is taken away within 3 years, it affects their retirement plans and there is nothing they can do!

I don't think anyone is going to sympathise with a landlord who owns 6 properties and has to pay more CGT because of tax changes. The CGT rate is already considerably lower than the income/ NI rates.
Rules change all the time with incomes taxes being particularly badly affected for those who actually work for a living. Child benefit was removed for higher earners after they had children, tax rates have changed after buying a new home or having another child, pension age changed for many women, etc. That's what happens to most people.
I do agree that the government have entirely messed up every aspect of the residential housing market for decades. They encouraged buy to let landlords because they did not bother to build adequate social housing for decades. Now, they are discouraging them. Overall, if we don't have considerably more social housing, it would probably be better if the rental homes were owned by huge corporations rather than private landlords as it is far less likely that we will be suddenly selling on a whim or because of a change in their circumstance. The 2 month notice period is ridiculous and if Gove wanted to actually improve the life of tenants, rather than just posture a lot, this would have been a good to start.

Xenia · 21/05/2023 17:45

CGT is 28% for most landlords (used to be 40% but when at 40% there was an allowance for inflration so if eg over 20 years inflation had increased the value that was all ignored so the 40% rate was less - it was called "indexation").

Pension funds and large landlords might well go into letting properties particularly at the higher end with fewer risks of default but only if they can make a higher profit than if the money were in shares etc.

I agree the state can change rules on a whim and often does. The rest of the changes - about 20 of them - against landlords is landlords are selling and there is little to rent - it is as it is and will make things easier for richer people who are first time buyers to buy a property of course.

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