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This article discusses the impact of the Tenants Fees Act which bans all fees from letting agents and landlords to tenants. It also highlights the exemptions and charges that can still be imposed on tenants. Additionally, it explores reasons for using an agent and provides information on going it alone in property management.
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Do I need an Agent? Impact of Tenants Fee Ban.
Tenants Fees Act • Bans all fees from letting agents andlandlords to tenants. • Will be implemented Sat 1 June 2019 • Tenancies signed before will have a transition period to the 1st June 2020 before being subject to the ban. • Gives exemptions for payments arising because of the action of the tenant (‘in default’).
What can be charged to the tenant? • Rent & utilities • Rent Arrears 3% above BOE interest rate (applies after 14+ days late) • Holding Fee 1 weeks rent held for a period of 14 days • Replacement tenant (mid tenancy) £50.00 (including VAT) • Lost Keys or security devices • 5 Weeks Deposit 6 weeks if rent is £50k+ a year • Surrender of tenancy Tenant pays the remainder of rent
What do you tell us? • 60% of landlords use an Agent • Letting Fees are a landlord’s 3rd largest cost • 80% think their letting agent will increase fees • 40% of landlords intend to increase the rents • 22% hope to shop around for a better deal. • Nearly 10% plan to stop using a letting agent Source NLA Quarterly Member Surveys
What an agent does Four main types of services • Letting Only • Letting and Rent Collection • Full Management • A Rent to Rent Contract An agent rents the property from the landlord and then sublets it to tenants that they find.
What an Agent does • Letting only most common amongst members • Valuation – advises on achievable rent levels • Marketing – take promotional photos and property details • Finds Tenants – advertises, conducts viewings • Deals with initial paperwork and legalities to initiate tenancy e.g. Reference Checks, Inventory & Tenancy Agreement
Reasons for using an agent • You don’t have the time or want the hassle/stress • If you’re not confident in your property management skills, or your knowledge of legal requirements • You live too far away from the property • You own a large HMO (or other property) which has a high turnover of tenants or requires more intensive management. • Fees are tax deductible
However… • Know YOUR responsibilities - it is ALWAYS the Landlords responsibility for ensuring legal obligations are met! • Actions carried out by the agent on your behalf are treated in law as if they had been done by you, the landlord.
Other reasons to think twice • Very competitive market now – esp. online • Weigh up cost of your time and you confidence / knowledge • Traditionally fees charged between 5-20% of rent • BIG SAVINGS can be made if you can / are prepared to put time and effort in
Going it alone: how & how much • Advertising and marketing can be free = e.g. Open Rent www.openrent.co.uk • Other online agents charge from £50 + • NLA Tenant Check from £8.95 (other services available) • NLA Inventory – circa £150+ (costs depending on service and property e.g. no. or rooms) • £75 NLA membership - forms / advice etc
Questions to ask your agent • Are you a member of a professional body, (NALS or ARLA) • Do you have client money protection? • How do you find tenants & how thorough is your referencing process? • Can you have a full list of services and charges on one page? • Copies of all documentation
Introduction to Lettings Course • NEW NLA half-day training course • Getting ready to let • Not falling foul of the law • Using an Agent or Self Management • Signposting to who can help you • Next one is 30 April in Southampton
Thank You • Teresa Kaczmarek: Area Representative NLA • Teresa.Kaczmarek@landlords.org.uk • Linda Cobb: Manager, Decent and Safe Homes (DASH) • Linda.cobb@derby.gov.uk